Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Ethiopie (Ratification: 1963)

Autre commentaire sur C087

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

The Committee notes the observations submitted by the Education International (EI), received on 20 September 2019, which refer to the denial of registration of the National Teacher’s Association (NTA).

The Committee notes the adoption of the Civil Society Organizations Proclamation No. 1113/2019, of 7 March 2019, and the Labour Proclamation No. 1156/2019, of 5 September 2019.

In its previous comments, the Committee had welcomed the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed in May 2013 by the Minister of Labour and Social Affairs and the ILO as a significant step towards resolving long-standing issues in line with the provisions of the Convention.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers. In its previous comments, the Committee, encouraged by the Government’s commitment in the Joint Statement to register the NTA, firmly expected that it would be promptly and unconditionally registered. The Committee notes with regret that the Government merely reiterates in its report the information that it had previously provided on this matter to this Committee and to the Committee on Freedom of Association (CFA) in Case No. 2516. The Committee notes that the EI in its observations states that the Ethiopian Ministry of Labour and Social Affairs has yet to respond to the requests of the NTA to be recognized as a trade union and that the NTA should be registered under the Civil Society Organizations Proclamation No. 1113/2019, which replaced the Charities and Societies Proclamation No. 621/2009. Recalling that the right to official recognition through legal registration is an essential facet of the right to organize, as the first step that workers’ or employers’ organizations must take in order to be able to function efficiently and represent their members adequately, the Committee urges the Government to take the necessary measures to ensure the immediate registration of the NTA, so that teachers may fully exercise their right to form organizations of their own choosing for furthering and defending teachers’ occupational interests. The Committee urges the Government to provide information on the progress made in this regard.

Articles 2, 3 and 4. Legislative matters

Civil Society Organizations Proclamation (No. 1113/2019). In its previous comments, the Committee had noted with concern that the Charities and Societies Proclamation No. 621/2009 provided for an ongoing and close monitoring of the organizations established on its basis and gave governmental authorities great discretionary powers to interfere in the right to organize of workers and employers, in particular in the registration, internal administration and dissolution of the organizations falling within its scope. The Committee had therefore urged the Government to take the necessary measures to ensure that the Proclamation was not applicable to workers’ and employers’ organizations and that such organizations are guaranteed effective recognition through legislation, in full conformity with the Convention. The Committee notes that the Charities and Societies Proclamation has been replaced by the Civil Society Organizations Proclamation No. 1113/2019. The Committee further notes with satisfaction that the Civil Society Organizations Proclamation No. 1113/2019 addresses some of its previous outstanding comments by removing certain provisions of the Charities and Societies Proclamation that were not in conformity with the Convention, as follows:

– section 2(2) and (3) that established a distinction between the organizations which are required to register, on the basis of the nationality of their members and the amount of funds they received from foreign sources;

– section 76(1), pursuant to which the license of the organization had to be renewed every three years;

– sections 84(1) and (2), 85(1)(a), 86, 88(1) and 90 which granted excessive powers to the Charities and Societies Agency (currently the Civil Society Organizations Agency, according to sections 2(10) and 4 of the new Proclamation, hereafter referred as the Agency) to interfere in a range of administrative, financial and accounting issues concerning the internal functioning of the organizations;

– sections 92(2)(e) and 93, pursuant to which a violation by an organization of any provision of the Proclamation could lead to the cancellation of its licence and to its dissolution;

– section 102, which established heavy penalties for the violation of the provisions of the Proclamation.

On the other hand, the Committee observes that the following issues remain to be fully addressed:

-while the Committee welcomes the narrowing of grounds for registration refusal (former section 69(2) established that the previously responsible agency should refuse to register a charity or society where the proposed organization was “likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order”), it observes that the new provision is still excessively broad. Section 59(b) of the Civil Society Organizations Proclamation establishes that the Agency shall refuse to register an organization where it finds that the aim of the organization or the activities description under the organization’s rules are contrary to law or public moral. In this respect, the Committee recalls that registration should be a simple formality and that public moral grounds are vague in nature and may give rise to decisions liable to impair the guarantees set out in the Convention. The Committee requests the Government to thus revise section 59(b) of the Civil Society Organizations Proclamation in consultation with the social partners. It requests the Government to provide information on any developments in this regard;
-while the Committee notes the removal of section 104(4) of Charities and Societies Proclamation (which did not grant suspensive effects to appeals to registration or cancellation decisions), it observes that section 78(5) of the Civil Society Organizations Proclamation provides that members, founders or managers of the organization that is dissolved by the decision of the Board can appeal to the Federal High Court within 30 days following the decision, but is silent as to the effect of such appeal. The Committee recalls in this respect that suspension, withdrawal or cancellation of trade union registration constitute extreme forms of interference by the authorities in the activities of organizations and should, therefore, be accompanied by all the necessary guarantees, including the right to appeal to the Court which should have the effect of a stay of execution until a judicial ruling is handed down on the matter. The Committee requests the Government to indicate whether the appeal under section 78(5) of the Civil Society Organizations Proclamation has the effect of a stay of execution and, if not, to take the necessary measures to provide for such suspensive effect.

Civil servants and employees of the state administration. In its previous comments, the Committee, in view of the ongoing comprehensive civil service reform, firmly expected that the right to organize would be granted to all civil servants, including teachers in public schools and employees of the state administration, including care workers, judges, prosecutors, and managerial workers. The Committee notes that the Government reaffirms its readiness to address the matter and that, in full consultations with social partners, it will take all the necessary measures to grant civil servants and employees of the state administration the right to establish and join organizations of their own choosing. Noting the absence of concrete information concerning the civil service reform in the Government’s report, the Committee reiterates its previous request and asks the Government to provide information on any developments in this regard.

Labour Proclamation No. 1156/2019. For several years, the Committee expressed its concern over multiple provisions of the Labour Proclamation No. 377/2003. The Committee notes that it has been replaced by the Labour Proclamation No. 1156/2019, which still raises the following issues of compatibility with the Convention:

– Workers covered. The Committee had previously noted that under section 3 of the Labour Proclamation No. 377/2003, the following categories of workers were excluded from its the scope of application: workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care of, 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. The Committee had therefore requested the Government to take the necessary measures to ensure the right to organize to the abovementioned categories of workers, and had not received any indication that such rights were guaranteed through other laws. The Committee notes that section 3 of the Labour Proclamation No. 1156/2019 excludes from its scope of application the same abovementioned categories of workers. Recalling that the only possible exceptions from the application of the Convention pertain to the members of the police and armed forces, the Committee requests the Government to take the necessary measures to either amend section 3 of the new Labour Proclamation, or adopt other adequate legal provisions to recognize and guarantee the trade union rights identified in the Convention to the abovementioned categories of workers. The Committee requests the Government to provide information on any developments in this regard.

– Essential services. The Committee had previously requested the Government to delete air transport and urban bus services from the list of essential services, previously established on section 136(2)(d) of the Labour Proclamation No. 377/2003. While the Committee welcomes the Government’s indication that it held a tripartite consultation to minimize the list of undertakings and that, accordingly, the urban bus services have been excluded from the list, it observes that under section 137(2)(d) of the newly adopted Labour Proclamation the list of essential services in which strike action is prohibited includes urban light rail transport services. The Committee recalls that these services do not constitute essential services in the strict sense of the term that is services, the interruption of which may endanger the life, personal safety or health of the whole or part of the population. The Committee therefore requests the Government to take the necessary measures so that the abovementioned transport services are deleted from the list of essential services in section 137(2)(d) of the Labour Proclamation, and recalls that it may give consideration instead to the establishment of a system of minimum service in these services of public utility. It requests the Government to provide information on the measures taken or envisaged in this respect.

– Quorum required for a strike ballot. The Committee had previously noted that under section 158(3) of the Labour Proclamation No. 377/2003, a 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 had requested the Government to amend section 158(3) so as to lower the quorum required for a strike ballot. The Committee notes the Government’s indication that, having consulted the social partners, it did not envision a lack of conformity with the Convention, unless the Committee interpreted its articles otherwise. In this respect, 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, and considers that the quorum requirement of two-thirds could unduly hinder the possibility of calling a strike. The Committee reiterates its previous recommendations and requests the Government to provide information on any developments in this regard.

The Committee requests the Government to take the necessary measures to bring the legislation and practice into full conformity with the Convention, and to provide information on the progress made thereon. In this respect, the Committee reminds the Government that it can avail itself of the technical assistance of the Office. The Committee further requests the Government once again to ensure that the provisions of the Labour Proclamation No. 1156/2019 which, as noted above, restrict the right of workers to organize their activities, are not invoked to cancel an organization’s registration pursuant to section 121(1)(c) until they have been brought into conformity with the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.