Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. The Committee regrets that the Government’s report is limited to the indication of legislative provisions which, according to the Government, ensure the application of the Convention, despite the fact that the Conference Committee on the Application of Standards, after noting the non-application of the Convention over many years, had requested the Government in June 2007 to provide detailed information to the Committee of Experts.

The Committee regrets that the Government provided no reply to the previous comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) and the Education International (EI), which concerned similar allegations and specifically the following: (1) Ethiopian Teachers’ Association’s (ETA) offices closed, documents and electronic equipment confiscated from offices in 2005 and its financial assets frozen since 1993; (2) nine teachers from the ETA’s Addis Ababa branch arrested and two badly beaten on 25 September 2005 following a meeting to discuss preparations for World Teachers’ Day; (3) approximately 24 teachers/ETA members detained in November 2005; (4) charges including conspiracy, armed insurrection, high treason and genocide brought against ETA’s leaders carrying sentences ranging from three years to the death penalty; (5) 58 teachers and ETA members believed to be still in prison, denied release on bail and prevented from meeting their lawyers at the end of 2005. The Committee takes note of the comments of the ITUC dated 28 August 2007 on the application of the Convention referring to the issues raised by the Committee above and alleging violations of teachers’ trade union rights (creation of a union controlled by the Government, disruption of trade union meetings, harassment, arrests, detention, torture and abduction of members of the ETA).

Furthermore, the Committee takes note of the discussion held on the application of the Convention in the Conference Committee in June 2007. The Committee notes the observations of the Government provided during the discussion on the allegations concerning the ETA with regard to the detention of some of its members, the alleged closure of its office and the alleged confiscation of the association’s property and documents provided by the Government to the Conference Committee. According to the Government, the allegations that it was supporting one ETA over the other, illegally transferring ETA union funds, detaining members of the other association and confiscating its property were utterly false and unfounded. Concerning the alleged detention of Mr Kebede, Chair of the Addis Ababa’s branch of the ETA, the Committee notes the Government’s statement that in April 2007, the Federal High Court ruled that Mr Kebede was to be released without charge, as he had no case to answer to. The Government indicated that there were no teachers in custody. While welcoming the acquittal and release of Mr Kebede and his colleagues, the Committee expresses deep concern over the new allegations made relating to recent arrests of trade unionists, their torture and mistreatment when in detention, and continuing intimidation and interference. The Committee recalls that when disorders have occurred involving loss of human life or serious injuries, the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions. Judicial inquiries of this kind should be conducted as promptly and speedily as possible, since otherwise there is a risk of de facto impunity which reinforces the climate of violence and insecurity and which is therefore highly detrimental to the exercise of trade union activities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 29). The Committee urges the Government to conduct a full and independent inquiry without delay into all of the allegations made by the ITUC and earlier by the ICFTU and EI and to keep it informed of the outcome. The Committee firmly encourages the Government to accept a direct contacts mission to the country, as requested by the Conference Committee on the Application of Standards and the Committee on Freedom of Association.

The Committee recalls that in its previous comments, it had addressed the following matters.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee had previously noted that according to the Labour Proclamation of 2003, by virtue of its section 3, was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes, managerial employees, as well as to employees of state administration, judges and prosecutors, who were governed by special laws. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee once again requests the Government to indicate how the right to organize of the abovementioned categories of workers is ensured in law and in practice and to transmit with its next report  any specific legislation in this respect.

The Committee notes Case No. 2516 pending before the Committee on Freedom of Association. It notes, in particular, that teachers employed in the public sector and civil servants are excluded from the right to form and join trade unions and that the Government is in the process of revision of the Civil Servant Proclamation, which would protect and guarantee the right of civil servants (including teachers in public schools). The Committee therefore urges the Government to ensure the right to freedom of association of civil servants, including teachers in the public sector, and to keep it informed of any progress made in this respect.

Article 3. Right of workers’ organizations to organize their programme of action without interference from public authorities. The Committee had previously noted that air transport and urban bus services were listed as essential services in which strike action is prohibited (section 136(2) of the Labour Proclamation). The Committee considers that these services do not constitute essential services in the strict sense of the term. The Committee therefore suggests that the Government give consideration to the establishment of a system of minimum service in these services 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. The Committee requests that the Government take the necessary measures so that the abovementioned services are deleted from the list of essential services and to keep it informed of the measures taken or envisaged in this respect.

The Committee had previously raised a concern over the compulsory arbitration imposed at the request of one party. The Committee had noted that section 143(2) of the Labour Proclamation allowed the aggrieved party to the labour dispute to take the case to the Labour Relations Board for arbitration or to the appropriate court. In this case, the strike is considered unlawful (section 160(1)). In the case of essential services, as listed in section 136(2), the dispute is referred to an ad hoc board for arbitration (section 144(2)). The Committee recalls that, except in situations concerning essential services in the strict sense of the term, acute national crisis and public servants exercising authority in the name of the State, recourse to arbitration should only be allowed upon the request of both parties. The Committee therefore once again requests the Government to amend its legislation so as to bring it into conformity with the Convention and to keep it informed of the measures taken or envisaged in this respect.

The Committee had previously noted that section 158(3) of the Labour Proclamation concerning a strike ballot provided that the strike vote should be taken by the majority of the workers concerned in a meeting in which at least two-thirds of the members of the trade union were present. The Committee recalls that, if the legislation requires a vote by workers before a strike can be held, it should be ensured that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). The Committee once again requests the Government to amend section 158(3) so as to lower the quorum required for a strike ballot and to keep it informed of the measures taken or envisaged in this respect.

Article 4. Dissolution of trade unions. The Committee had also noted that section 120(c) of the Labour Proclamation allows the cancellation of an organization’s certificate of registration where an organization was found to have engaged in activities which were prohibited under the Labour Proclamation. As the Committee has already noted above, some of the provisions of the Labour Proclamation restrict the right of workers to organize their activities contrary to the Convention. It therefore requests the Government to ensure that these provisions are not invoked to cancel an organization’s registration until they have been brought into conformity with the provisions of the Convention.