Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report, the oral information provided by the Government representative to the Conference Committee in 2002, as well as the discussion which took place therein and the resulting special paragraph in the Conference Committee’s report. It further notes the most recent conclusions and recommendations by the Committee on Freedom of Association in Case No. 1888 (see 327th Report, approved by the Governing Body at its 283rd Session (March 2002)).

In its previous comments, the Committee had expressed its deep concern over the extremely serious trade union situation, the Government’s interference in trade union activities, and the sentencing of Dr. Taye Woldesmiate, President of the Ethiopian Teachers’ Association, to a prison term of 15 years. The Committee notes with interest from the judgement of the Supreme Court of Ethiopia (10 May 2002) that Dr. Taye Woldesmiate and one co-defendant have been released and notes with satisfaction that the other co-defendants were acquitted.

As concerns the legislation relating to freedom of association, while noting the Government representative’s statement before the 2002 Conference Committee, that the initial draft of a new labour law has been examined by the appropriate authorities and is now in its final phase of exhaustive review, and noting in the Government’s report that the drafting process will be finalized soon, the Committee points out that the Government has been referring to the drafting of new legislation for over nine years now. The Committee is compelled to express, once again, its deep regret that no concrete progress or developments have yet occurred.

The Committee recalls that its previous comments concerned the following issues.

Article 2 of the Convention. Right of workers without distinction whatsoever to join an organization of their own choosing. The Committee had noted that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee considers that legislation which provides that only one trade union may be established for a given category of workers runs counter to the provisions of the Convention. It therefore once again urges the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants. In its previous comments, the Committee had noted that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application and had requested the Government to indicate how teachers’ associations could promote their occupational interests. It noted the Government’s statement for several years that a new law governing teachers’ associations and state administration employees was under way. The Committee urges the Government to take the necessary measures in the very near future to ensure that teachers and other civil servants may exercise fully the right to join and form the organization of their own choosing and requests it to forward any draft legislation governing teachers’ associations and other government employees, so that it may examine its conformity with the provisions of the Convention. Furthermore, having also noted that state administration officials, judges and prosecutors are also excluded from Proclamation No. 42-1993, the Committee reiterates its request that the Government indicate whether these categories of workers are entitled to associate to further and defend their occupational interests and if they will be covered by the proposed draft legislation mentioned above.

Article 4. Administrative dissolution of trade unions. In its previous comments, the Committee had noted with concern that the Ministry of Labour had cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. The Government had indicated in its last report that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. The Committee urges the Government to make diligent efforts to move their bill towards passage. It once again requests the Government to transmit with its next report any draft legislation or amendments which would ensure that an organization cannot be dissolved or suspended by an administrative authority.

Articles 3 and 10. Right of workers’ organizations to organize their programme of action without interference by the public authorities. In its previous comments, the Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike, namely: the definition of essential services contained in section 136(2) is too broad. The definition should, in particular, not include air transport and railway services, urban and inter-urban bus services, filling stations, bank and postal services (section 136(2)(a), (d), (f) and (h)). In addition, sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties. In order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the Committee suggests that the Government give consideration to the establishment of a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee once again requests that the Government amend its legislation so that the ban on strikes be limited to essential services in the strict sense of the term and so that disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or if they are in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee expresses its strong hope that the draft law which, according to the Government, is in its final phase, will contain all necessary provisions to amend the legislation and practice in order to comply with the requirements of the Convention, and to ensure the full respect of the civil liberties essential for the implementation of the Convention. The Committee urges the Government to provide copies of any relevant draft legislation as soon as possible.