Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ethiopia (Ratification: 1963)

The Committee notes the Government’s report.

The Committee notes Labour Proclamation No. 377/2003 and in regard to it wishes to raise the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee notes with interest that the new Labour Proclamation no longer imposes a trade union monopoly at the enterprise level.

The Committee previously raised concern over the exclusion of teachers, civil servants, judges and prosecutors from the Labour Proclamation of 1993. The Committee notes that according to section 3, the new Labour Proclamation of 2003 is not applicable to the employment relations arising 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 and managerial employees. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee requests that the Government indicate how the right to organize of the abovementioned categories of workers is ensured in law and in practice. The Committee further notes that under the same provision, employment relationships of employees of state administration, judges and prosecutors are governed by special laws. The Committee asks the Government to transmit with its next report, the specific provisions which guarantee to these categories of workers the right to organize so as to further and defend their occupational interests.

Article 3. Right of workers’ organizations to organize their programme of action without interference from public authorities. The Committee notes that air transport and urban bus services remain on the list of essential services where strike action is prohibited (section 136(2)). The Committee considers that these services do not constitute essential services in the strict sense of the term. The Committee 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 previously raised a concern over the compulsory arbitration imposed at the request of one party. The Committee notes that section 143(2) allows 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 a request of both parties. The Committee therefore 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 notes that section 158(3) concerning a strike ballot provides 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 are 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 on freedom of association and collective bargaining, 1994 paragraph 170). The Committee requests that the Government 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 notes that section 120(c) allows the cancellation of an organization’s certificate of registration where an organization is found to have engaged in activities which are 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 that the Government 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.