Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report and requests it to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the Government’s statement that there is no particular policy in Ethiopia designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment, but that there are different economic and social policies that have indirectly addressed the issue. The Committee once again asks the Government to provide information on these policies and the results attained, in particular the education and training policy, which is to achieve universal enrolment in primary school by 2015, specifying how they contribute to the effective abolition of child labour. The Committee notes the Government’s indication that a new National Plan of Action (NPA) has been drafted during 2004, to replace the previous NPA. One of the aims with the new NPA is to improve the well-being of the Ethiopian children. The issue of child labour is also appropriately addressed in this NPA. The Committee requests the Government to provide more detailed information on the implementation of the NPA and on the results attained.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that section 89(2) of the Labour Law Proclamation No. 42 of 1993 prohibits employment of persons under 14 years of age. It had also noted that section 3(1) of the Labour Law specifies that it "shall be applicable to employment relations based on a contract of employment that exists between a worker and an employer". The Committee had observed that the provisions of the Labour Law do not cover work performed outside an employment relationship. The Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. It therefore once again requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work, including work carried out by persons under 14 years of age who work on their own account.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of hazardous work. The Committee had previously noted that section 89(3) of the Labour Law Proclamation provides that "it is prohibited to employ young workers for work which, on account of its nature or due to the condition in which it is carried out, endangers the life or health of the young worker", a "young worker" being defined as a person who has attained the age of 14 years, but is not over the age of 18 years (section 89(1)). It had also taken note of the decree of the Minister of Labour and Social Affairs of 2 September 1997 concerning the prohibition of work for young workers. The Committee had further noted that all work that could be harmful to the health and safety of the young worker is prohibited (section 4(1) of the decree). Section 4(1) of the decree contains a detailed list of types of hazardous work and a general prohibition of all other kinds of work likely to jeopardize the young worker’s morals or physical condition/health. The Committee had observed that, according to section 4(2) of the decree, the prohibition set out in section 4(1) does not apply to persons who carry out such activities in the course of professional education in vocational centres. The Committee notes the Government’s statement that the Labour Law Proclamation prohibits all young workers from carrying out hazardous work, including those engaged in apprenticeships. This is also common practice in Ethiopia. The Committee once again asks the Government to specify which kind of protection is set up to ensure that apprentices of 14 years of age and above do not engage in the hazardous work prohibited to young workers. The Committee notes that the guidelines designed to facilitate the implementation of the abovementioned decree is currently only available in Amharic. The Committee therefore requests the Government to supply a copy of the guidelines once they have been translated into one of the official languages of the ILO.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted the Government’s statement that "up to now there is no exclusion of categories of employment or work in respect of special and substantial problems from the application of this Convention". It had also noted that "the Convention is applied in every work, categories of employment covered by the Labour Law Proclamation No. 42 of 1993". However, at the same time, the Government referred to some excluded categories of employment or work, such as work performed under the strict supervision of a family member or a guardian, which does not interfere with the child’s education, and work carried out in small-scale agriculture. The Committee notes the Government’s statement that, in practice, the scope of application of the Labour Law Proclamation does not include household work. The Committee takes note of the Government’s indication that the reason for this exclusion is that it is difficult to implement the provisions of the Convention in family undertakings where there is no employment relationship. The Committee reminds the Government that, in accordance with Article 4, paragraph 2, a government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings as described by the Government, as well as to the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family enterprises. It also asks the Government to indicate whether the organizations of employers and workers concerned have been consulted on this matter, as required by Article 4, paragraph 1, of the Convention.

Article 6. Apprenticeships. The Committee had previously noted that section 170(1) of the Labour Law Proclamation provides that the Minister is competent to issue directives on the types of occupation and work in which the apprenticeship needs to be given and on the duration of apprenticeship. The Committee notes the Government’s indication that such directives have not yet been issued, but that a directive on apprenticeship will be issued in the near future. The Committee further notes that the Government’s report contains no information on whether the organizations of employers and workers concerned had been consulted on the matter. It therefore once again asks the Government to indicate if such consultations will take place in the future.

Article 8. Artistic performances. The Committee had previously noted the absence of any provisions in the national legislation allowing exceptions to the prohibition of employment or work for such purposes as participation in artistic performances to children under the minimum age for admission to employment or work. Noting the absence of information from the Government, the Committee once again asks the Government to provide information on the practice in this field and to indicate whether it is envisaged to introduce any legislation on this matter.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 12(6) of the Labour Law Proclamation provides that employers shall keep a register indicating, among others, the name and age of the workers they employ. It had asked the Government to provide a model of the register in question. The Committee notes the Government’s indication that there is no specific model of registers available to persons employing children under the age of 18 years. National legislation provides for flexibility in this case as certain items must be included in the registers, while others are left to the employer to elaborate depending on the type of work and the conditions under which the work is carried out. The Committee takes note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore once again asks the Government to provide information on the manner in which the Convention is applied in practice, including, if possible, statistical data on the number of children engaged in any form of employment or work by age group and the occupations or types of work involved, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.