Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are being translated and will be examined in the framework of the next reporting cycle.

The Committee regrets that the Government’s report contains no observations on the comments previously submitted by the International Confederation of Free Trade Unions (ICFTU, now ITUC), the Education International (EI) and the ITUC alleging serious violations of teachers’ trade union rights and, in particular, of the Ethiopian Teachers’ Association (ETA). The Committee expresses deep concern over the failure of the Government to conduct a full and independent inquiry into the allegations made relating to 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 comments made by the ITUC and earlier by the ICFTU and EI and to provide information on the outcome.

The Committee notes that a direct contact mission visited the country in October 2008 and notes the information contained in the mission report. In particular, the Committee notes that the Supreme Court has rendered its final decision concerning the ETA executive body and that following this decision, a group of teachers have made a request to the Ministry of Justice to be registered under the name of the National Association of Ethiopian Teachers. The Committee observes from the mission report that despite the fact that this request was made in August 2008, no answer concerning registration has been received from the Ministry so far. The Committee further notes that the Ministry of Justice requested the Ministry of Education to provide its opinion as to whether the new teachers’ association should be registered. In this respect, the Committee considers that a request to the Ministry of Education, which is the employer in this case, concerning the appropriateness of registering an association of teachers is contrary to the right of workers to form and join the organization of their own choosing without previous authorization. The Committee further express its concern that four months have elapsed since the teachers’ request without registration being granted by the Ministry of Justice. The Committee expresses particular concern and regret over the fact that the delay in registration occurs within the context of the long-standing allegations of serious violations of teachers’ trade union rights including the continuous interference by way of threats, dismissals, arrest, detention and maltreatment of ETA members, which are pending before the Committee on Freedom of Association (Case No. 2516). The Committee urges the Government to take all necessary measures to ensure the rapid resolution of this request for registration so that teachers may fully exercise their right to form organizations for the furthering and defending teachers’ occupational interests without further delay.

The Committee recalls that it had previously noted the Government’s indication that it was 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, to form and join trade unions. The Committee regrets that no information was provided by the Government on the progress made in this respect. In the light of the above, the Committee urges the Government to amend the Civil Servant Proclamation without further delay so as to ensure that the rights of civil servants (including teachers) afforded by the Convention are fully guaranteed. It requests the Government to provide information on the measures taken in this respect.

The Committee recalls that for several years it had been expressing its concern over the Labour Proclamation (2003), which falls short of ensuring full application of Convention No. 87. In particular, the Committee recalls that it had previously requested the Government:

–      to ensure the right to organize of the following categories of workers excluded, by section 3, from the scope of application of the Labour Proclamation: workers who’s employment relations arise 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 employees of state administration; judges and prosecutors, who were governed by special laws;

–      to delete air transport and urban bus services from the list of essential services in which strike action is prohibited (section 136(2)). In this respect, considering that these services did not constitute essential services in the strict sense of the term, the Committee had suggested that the Government gave consideration to the establishment of a negotiated system of minimum service in these services of public utility, rather than imposing an outright ban on strikes, which should be limited to essential services in the strict sense of the term;

–      to amend its legislation so as to ensure 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 is allowed only upon the request of both parties. In this respect, 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 was considered unlawful (section 160(1)). In the case of essential services, as listed in section 136(2), the dispute was referred to an ad hoc board for arbitration (section 144(2));

–      to amend section 158(3), according to which 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, so as to lower the quorum required for a strike ballot; and

–      to ensure that the provisions of the Labour Proclamation, which, as noted above, contrary to the Convention, restrict the right of workers to organize their activities, are not invoked to cancel an organization’s registration pursuant to section 120(c) until they have been brought into conformity with the provisions of the Convention.

The Committee notes the Government’s indication that the Labour Proclamation is being examined with a view to amendment. In this regard, the Government indicates that 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, as well as of managerial employees are the issues to be discussed by the labour proclamation drafting committee. The Government further indicates that the Committee’s observations on essential services, compulsory arbitration, the need to lower the strike quorum required for a strike ballot, as well as the matter of dissolution of trade unions are also to be discussed by the drafting committee. The Committee expects that the Labour Proclamation will be soon amended so as to ensure its full conformity with the Convention. It requests the Government to indicate any progress made in this respect.

The Committee further requests, once again, the Government to indicate how the right to organize of employees of state administration, judges and prosecutors is ensured in law and in practice and to transmit with its next report any specific legislation in this respect.