Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2009 observation which read as follows:

The Committee notes the Government’s report received in November 2008 referring again to the Employment Agency Proclamation No. 104 of 1998, which has already been examined in previous comments. The Committee also understands that in June 2007 the Office reviewed a draft proclamation aimed at strengthening the authority of public authorities in dealing with private employment agencies and to revise the regulations concerning the operation of those agencies. The draft proclamation was also discussed in tripartite workshops with government authorities and other stakeholders. In this context, the Committee asks the Government to provide a report including the text of any new legislative text enacted concerning the application of the Convention and information on the matters raised in its previous comments.

Article 8 of the Convention. Protection of migrant workers. The Government indicates that to implement the Convention, the Ministry of Labour consulted with the Ministry of Foreign Affairs and Ethiopian embassies. An inter-ministerial committee has been established including representatives of the Ministry of Justice, the Emigration Office and the federal police. The Government also mentions the provisions of section 598 of the Criminal Code to combat unlawful recruitment. The Committee reiterates its concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies for employment outside the country and the prevalence of trafficking in persons. The Committee asks the Government to report on the measures taken by the inter-ministerial committee to provide adequate protection and prevent abuses of workers recruited in Ethiopia for employment abroad and law cases. Please also provide particulars of cases when section 598 of the Criminal Code has been applied to abusive recruiters. Please also specify if the most representative organizations of employers and workers have been consulted in this matter (Article 8(1)). It also again requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad (Article 8(2)).

Article 9. Trafficking of children. The Government states in its report that, according to section 15(4) of the procedure prepared by the Ministry of Labour and Social Affairs, recruited workers should not be less than 18 years and that this would be safeguarded by routine inspection systems. The Committee refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and requests the Government to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.

The Committee reiterates its interest in receiving detailed information in the Government’s next report on the measures adopted to apply the provisions of the Convention which are referred to specifically in a direct request.