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Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

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

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2021-ETH-C087-En

Written information provided by the Government

1. Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers

The Committee observed a complaint by Education International (EI) received on 20 September 2019, which refers to the denial of registration of the National Teachers’ Association (NTA).

The Government of the Federal Democratic Republic of Ethiopia (FDRE) would like to candidly inform the Committee in this case that there was no request whatsoever for registration submitted by the National Teachers’ Association (NTA) to the Ministry of Labour and Social Affairs.

On the other hand, the Ethiopian Teachers’ Association (ETA) which is affiliated to Education International (EI) with more than 600,000 members is legally registered since 1949 and is functionally operating towards advancing the interests and rights of teachers at different levels in the country. This show case, therefore, can be considered as progress towards the application of the Convention in law and practice in Ethiopia.

In view of the above, the observation submitted by the EI (received by the Committee on 20 September 2019) which refers to the denial of registration of the NTA by the Ministry of Labour and Social Affairs of the FDRE is an unfounded allegation.

The Government would like to take this opportunity to bring to the attention of the Committee that the NTA like any other association (namely the ETA) can register at any time if it so wishes with a competent authority, provided that it complies with the relevant domestic legislation that governs such registration.

2. Articles 2, 3 and 4. Legislative matters. Civil Society Organizations Proclamation (No. 1113/2019)

The Government would like to commend the Committee for its acknowledgments with regard to significant changes made in a newly enacted Civil Society Organizations Proclamation No. 1113/2019 that repealed the previous Charities and Societies Proclamation No. 621/2009.

That said, the Government took due note of the Committee’s comments on sections 59(b) and 78(5) of the new Proclamation No. 1113/2019. In this regard, the Government would like to bring to the attention of the Committee that the assimilation of international Conventions (including Convention No. 87), standards and norms into the national laws is a complex process as circumstances vary from country to country.

In view of this, the FDRE newly enacted the Civil Society Organizations Proclamation No. 1113/2019 taking into account the country’s circumstances with the main aim to register and closely monitor civil society organizations (CSOs) and non-governmental organizations (NGOs) that seek to engage in mobilizing resources domestically and internationally for the purpose of supporting vulnerable and disadvantaged segments of the population through projects and programmes at the grassroots level.

In light of the above, the FDRE is of the view that sections 59(b) and 78(5) of Proclamation No. 1113/2019 primarily aim to prevent wrongdoing by CSOs and NGOs and takes the necessary measures againstorganizations formisconduct and engaging in activities that are contrary to the rights and interests of their beneficiariesin particular, and the social norms, moral values and beliefs of society at large.

That said, the Government is ready and open to engage in constructive dialogue on issues at hand with concerned stakeholders including the social partners and will provide updated information to the Committee in its next report.

3. Civil servants and employees of the state administration

As the Committee rightly pointed out, the FDRE has been seriously engaged in carrying out comprehensive and in-depth reforms (including civil service reform) that encompasses administrative and civil service reforms, public expenditure management, tax administration, public enterprises reform, and legal and judicial reform and their interface with sectoral institutions that aim at promoting good governance. To this effect, the Government endeavours to realize these reforms in collaboration with development partners and stakeholders, and is at a good and promising stage although it is a complex and painstaking process. In connection with this, a Job Evaluation and Grading System (JEGS) for the civil service sector (as part of the reform) has been developed and it is at the pilot testing stage. The JEGS is expected to place the right people (civil servants) in the right place. The JEGS also intends to improve the pay system.

With this information, the Government will provide in its next report progress made thereon, taking into account the observations and comments made by the Committee.

4. Labour Proclamation No. 1156/2019

(a) Workers covered

The Government took note of the observations and comments of the Committee with regard to certain categories of workers (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 the state administration; and judges and prosecutors, who were governed by special laws).

To this effect, the FDRE, with possible technical assistance from the ILO, will carry out in-depth studies on the matter at hand and engage in effective and constructive dialogue with social partners; and provide information to the Committee on development thereon in its next report.

(b) Essential services

The Government would like to commend the Committee for acknowledging measures taken by the Government (in consultation with the social partners) to minimize the list of undertakings (while revising the labour law) that are providing essential services to the public.

That said, the FDRE took note of the observation of the Committee with regard to the deletion of urban light rail transport from the list of essential services. In this regard, we would like to bring to the attention of the Committee that the Government is exerting its maximum effort to progressively assimilate the Convention into the national laws and practice.

In view of the above, the Government will engage in constructive dialogue with concerned stakeholders and social partners as regards the observation of the Committee and provide updated information on the outcome in its next report.

(c) Quorum required for a strike ballot

As regards the quorum required for a strike ballot (section 158(3) of Labour Proclamation No. 1156/2019), the Government noted the observations and comments of the Committee and wishes to provide the following illustrative explanations on the same.

As section 159(3) of the Proclamation stipulates, a strike motion has to be supported by a majority of the workers concerned in a meeting in which at least two thirds of the members of the trade unions are in attendance. This does not, however, mean that a two-third majority is required in order to decide on a strike motion. So, the intention of section 159(3) is to give an opportunity to the majority of the attendant members to discuss the issue. Otherwise, a decision will be passed by the majority out of the two thirds attending. To clarify the matter with a concrete example, let us assume that a trade union has 100 members. According to section 159(3) of the Proclamation, two thirds of the trade union members (that is, 67 members) are required to attend the meeting and a simple majority vote of the attendants (namely 50 per cent +1 of 67 = 34) is required to authorize a strike resolution; which in effect is one third of the total members. We hope this illustration clarifies the intention of section 159(3) of the Proclamation.

(d) Cancelation of registration (section 121(1)(c))

The Government took due note of the Committee’s observation with regard to the cancellation of registration of an organization as stipulated in section 121(1)(c) of the Proclamation, and wishes to clarify as follows.

As is stipulated in section 121 of Labour Proclamation No. 1156/2019, the Ministry (namely the Ministry of Labour and Social Affairs at national level) or the appropriate authority (namely the Bureaux of Labour and Social Affairs in their respective regions) may file before the competent court to cancel the certificate of registration of an association on any of the grounds provided in section 121(1)(a)–(c).

It is clear from the above that the Ministry or the appropriate authority has no mandate to revoke the certificate of registration of any association, except if filing the case with good grounds (that are specified under section 121(1)(a)–(c).

We hope this clarifies the concern of the Committee and we are of the view that section 121(1)(c) is in conformity with the Convention in point.

In conclusion, while the Government is committed to progressively assimilate the Convention to ensure its conformity with the national laws and practice, the FDRE look forward to the ILO’s technical assistance in this regard.

Discussion by the Committee

Government representative, Ambassador, Deputy Permanent Representative – Allow me to first of all congratulate you, Madam Chairperson, on your election to preside over this Committee and the Vice-Chairs for assuming their role. We have full confidence in your wise and able leadership that ensures the success of our session.

We have carefully taken note of the observations of the Committee of Experts pertaining to the application of the Convention. From the very outset, I would like to affirm to this august assembly that Ethiopia attaches great importance to the ILO supervisory mechanism. We believe this unique platform assesses the application of labour standards in a manner that takes into account the universality, interdependence and indivisibility of fundamental human rights and civil liberties. For a country like Ethiopia, which is undergoing an overall reform process aimed at revitalizing the enjoyment of human rights, this platform will not only afford it a great opportunity to deliberate on issues, reinforce the progress achieved, but also address the multitude of challenges in terms of its endeavour to protect human rights in general and labour rights in particular. It is in this spirit that I am going to deliver my intervention.

To demonstrate our serious engagement with regard to the application of the Convention in question, I would like to inform this august assembly that Ethiopia provided written replies. However, Ethiopia was regrettably included in the final list of individual cases and appeared before this Committee for reasons which we still fail to understand. Following the specific comments and observations made by the Committee of Experts on the application of the Convention in Ethiopia, allow me to make the following comments.

First, the Committee observed a complaint received from Education International (EI) on 20 September 2019 – a denial of registration of the National Teachers’ Association (NTA) by the Government of Ethiopia. It should be noted that the Constitution of Ethiopia, which is the supreme law of the land, incorporated international instruments, including international labour standards, which were ratified by Ethiopia, into the national laws of the country. Accordingly, I wish to state that individuals and workers in Ethiopia are free to form any sort of association of their choosing based on applicable national laws.

In light of the enabling policy environment in Ethiopia for the formation of an association, I would like to inform the Committee that a request for registration by the NTA has not – and I repeat has not – been received by any competent authority to date. I would also like to bring to the attention of the Committee that the Ethiopian Teachers’ Association (ETA), that is affiliated to Education International (EI) with more than 600,000 members, is legally registered and is functional, operating towards advancing the interests and rights of teachers at different levels in the country.

This demonstrates that teachers are enjoying their constitutional right to organize and freely form associations without interference by the Government whatsoever. Therefore, I am afraid that the complaint submitted by Education International to the Committee of Experts, which refers to the denial of registration of the NTA by the Ministry of Labour and Social Affairs of Ethiopia, is an unfounded allegation. I would also like to take this opportunity to bring to the attention of the Committee of Experts that the NTA, like any other association, can register at any time if it so wishes, with a competent authority, provided that it complies with the relevant national laws that govern such registration process.

Second, we welcome the Committee’s positive observation with satisfaction regarding the progress made in terms of the newly enacted Civil Society Organizations Proclamation No. 1113/2019 that repealed the previous Charities and Societies Proclamation No. 621/2009. That said, we took due note of the Committee’s comments on sections 59(b) and 78(5) of the new Civil Society Organizations Proclamation No. 1113 of 2019, regarding the grounds to register and right to appeal to the court by civil society organizations.

In this regard, I would like to bring to the attention of the Committee that the domestication of international conventions (including Convention No. 87), standards and norms in national laws is a complex process, as circumstances vary from country to country. In view of this, we are of the view that sections 59(b) and 78(5) of Proclamation No. 1113 primarily aim to prevent wrongdoing by civil societies and NGOs. It urges to take the necessary measures on organizations with misconduct and engaging in activities that are contrary to the rights and interests of their beneficiaries, in particular, and the social norms, moral values and beliefs of the public at large.

That said, however, we would like to express our readiness and openness to engage constructively through dialogue on the issues at hand with the concerned stakeholders, including the social partners, and we will provide updated information to the Committee of Experts in our next report.

Third, as the Committee of Experts rightly noted, the Government has been seriously engaged in carrying out comprehensive and in-depth reforms that encourage administrative and civil service reforms, public expenditure management, tax administration, public enterprise reform and legal and judicial reform and their interface with sectoral institutions that aim to promote good governance. To this effect, although a complex and painstaking process, our endeavour is to realize these reforms, in collaboration with development partners and stakeholders, and this is at a very promising stage.

In this connection, a Job Evaluation and Grading System (JEGS) for the civil service sector has been developed and it is at the stage of pilot testing. This JEGS is expected to help place the right people (civil servants) in the right place. The Job Evaluation and Grading System also intends to improve the pay system of the civil service sector. With this updated information, I would like to reassure you that we will provide in our next report the progress made thereon, taking into account the observations and comments made by the Committee of Experts.

Fourth, we took note of the observations and comments of the Committee of Experts with regard to certain categories of workers (workers whose employment relation arises out of a contract concluded for the purpose of upbringing, treatment, care of, rehabilitation, education, training; contract of personal services for non-profit-making purposes; managerial employees, as well as employees of state administrations; judges and prosecutors, who are governed by special laws). In this regard, we wish to carry out in-depth studies on the matter at hand with ILO technical assistance and we are ready to engage in constructive dialogue with our social partners; and we will provide updated information to the Committee of Expetts on developments thereon in our next report.

Fifth, we would also like to commend the Committee of Experts for its positive indication regarding the progress in relation to measures taken by the Government to minimize the list of undertakings that provide essential services to the public under our revised Labour Law. Moreover, we have also taken into account the observation of the Committee of Experts pertaining to the deletion of urban light rail transport from the list of essential services. In this regard, we would like to bring to the attention of the Committee that the Government is exerting maximum effort to progressively domesticate the Convention into national laws and practices. In this regard, we stand ready to learn and share experiences of other countries with ILO technical support. In view of this, we will engage in a constructive dialogue with concerned stakeholders and social partners on the observation of the Committee of Experts and provide updated information on the outcome in our next report.

As regards the quorum required for a strike ballot (section 158 of Labour Proclamation No. 1156/2019), we noted the observations and comments of the Committee and wish to provide the following illustrative explanations on the matter. Section 159 of the Proclamation stipulates that a strike motion has to be supported by a majority of the workers concerned in a meeting in which at least two thirds of the members of the trade unions are in attendance. This does not, however, mean that a two-thirds majority is required in order to decide on a strike motion. So, the intention of section 159 is to give an opportunity to the majority of the attending members to discuss the issue. Otherwise, a decision will be passed by the majority of the two-third attendants.

To clarify the matter with a concrete example, let us assume that a trade union has 100 members. According to section 159 of the Proclamation, two-thirds of the trade union members – that is 67 members – are required to attend the meeting and a simple majority vote of the attendants – 50 per cent + 1 of 67, that is 34, is required to authorize a strike resolution; which in effect is one third of the total members. We hope this illustration clarifies the intention of section 159(3) of the Proclamation.

Last but not least, we took due note of the Committee’s observation with regard to the cancellation of registration of an organization as stipulated in section 121(1)(c) of the Proclamation. I would like to clarify that as per section 121 of Labour Proclamation No. 1156 of 2019, the Ministry, that is the Ministry of Labour and Social Affairs, at the national level, or the appropriate authority (Bureaux of Labour and Social Affairs in their respective regions) may file before the competent court to cancel the certificate of registration of an association on any grounds provided in section 121(1)(a)–(c). Therefore, the Ministry or the appropriate authority has no mandate to revoke the certificate of registration of any association except filling the case with good grounds that are specified under section 121(1)(a)–(c). We hope this clarifies the concern of the Committee of Experts and we are of the view that section 121 is in conformity with the Convention on this point.

In conclusion, I would like to seize this opportunity to affirm the commitment of the Government for the full application of the Convention in point and other ILO instruments. We believe that the ILO’s technical assistance in this regard is of great importance for the full implementation of labour standards and the human-centred Centenary Declaration for the Future of Work for advancing social justice, promoting decent work for all, and achieving the 2030 Agenda.

Worker members – The Government of Ethiopia made a firm commitment in 2013, in the joint statement drawn up following the visit by the ILO mission, to finally register the NTA. Although there were other problems at the time, the difficulties faced by teachers’ unions are recurrent in Ethiopia and go back to the 1990s.

We are now in 2021, and we must unfortunately conclude that teachers in the country are still facing the same difficulties. While the request by the NTA now appears to have failed, it is still the case that the ETA, referred to in the Government’s written information, is only recognized as an occupational organization. The ETA has been requesting recognition as a trade union for a long time, but such recognition is still impossible as the Government has failed to keep its promises to introduce the necessary legal reforms, as we will see below. Such recognition as a trade union would enable the ETA to fully represent teachers in collective bargaining and to affiliate with a trade union confederation.

At the legislative level, the Civil Society Organizations Proclamation of 2019 has replaced the Charities and Societies Proclamation of 2009. The Committee of Experts noted certain improvements in the 2019 text in relation to the 2009 version. Nevertheless, the Committee of Experts still raises two problematic issues in relation to the Convention.

The first issue relates to the reasons for the refusal of registration maintained in section 59(b), which are still excessively broad. The section provides that the Civil Society Organizations Agency shall refuse to register an organization where it finds that the aim of the organization or the activities’ description in the organization’s rules are contrary to law or public morals. We are bound to agree with the view of the Committee of Experts, as the concept of public morals could result in the arbitrary refusal to register certain organizations. This legislative provision is therefore contrary to Article 2 of the Convention, as it is of a nature to impede the right of workers to establish organizations of their own choosing. The Government refers in its written information to another provision of the Proclamation, section 121(1), which provides for the intervention of a court. In this regard, the issue is not so much whether or not a court can intervene, but the criteria set out in these provisions, which are too broad.

The second issue relates to section 78(5), which does not grant suspensive effects in the event of appeals against decisions to suspend, withdraw or cancel trade union registration. We also recall that Article 3 of the Convention provides that the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

The previous observations of the Committee of Experts noted that civil servants and employees of the state administration, including teachers, did not all benefit from freedom of association. Despite the reforms that were being undertaken, the Government does not appear to have found a solution to this problem and confined itself to reiterating its commitment to guarantee freedom of association for civil servants and employees of the state administration, in collaboration with the social partners. We hope that this commitment will lead to specific measures.

The Labour Proclamation of 2019, which replaced that of 2003, also raises issues of conformity with the Convention. The Proclamation excludes several categories of workers from its scope of application, thereby denying them the rights and freedoms set out in the Convention. They include: workers covered by contracts to care for a child, provide treatment, care or rehabilitation; workers with a teaching or vocational training contract, other than apprenticeships; workers who provide their services to private individuals free of charge; managerial employees, as well as employees of state administrations; and judges and prosecutors, who are governed by special laws. To achieve conformity with the Convention, the Government must ensure that these restrictions are lifted.

Section 137(2) provides that urban light rail transport services are considered to be essential services for which the right to strike is not recognized. However, these services do not constitute essential services defined as services the interruption of which may endanger the life, personal safety or health of the whole or part of the population. The Government must therefore remove these services from the list of essential services.

The Labour Proclamation also includes rules on the quorum required for a strike ballot. The Committee had already in the past informed the Government that the quorum of two thirds was not reasonable, in accordance with the interpretation of the Committee of Experts in its 1994 General Survey. The Government appears to be ignoring these considerations and has deliberately maintained this quorum, which unduly impedes the right to strike contained in the Convention.

Despite the differences of views that persist on the issue of the right to strike between the Workers’ group and the Employers’ group, we have managed to reach an understanding around this issue. It nevertheless appears to us to be important to recall that the Workers’ group unequivocally reaffirms that the right to strike must be recognized within the context of this Convention. This right is related to freedom of association, which is an ILO principle and fundamental right. This right is also a fundamental element of any democracy.

As we can see, Ethiopia still has a long way to go to achieve full conformity with the Convention. We hope that the commitments given by the Government to resolve the numerous difficulties that remain will result in concrete action.

Employer members – I would like to first thank the Government representative for her presentation and the information she provided. This additional information has been very helpful in our understanding in consideration of this case.

In respect of Article 2 of the Convention and the Committee of Experts’ observations regarding the request by the NTA for recognition and registration under the Civil Society Organizations Proclamation No. 1113, the Committee had noted that the Government had not responded to that request for registration. The Government in its submissions has indicated that there has not been a request for registration submitted by the NTA to the Ministry of Labour and Social Affairs, and has explained that the ETA is affiliated with Education International, with more than 600,000 members, is legally registered and has been since 1949.

The Worker members provided different information in their submissions today, noting a number of restrictions on the freedom of association that exist, that have impacted the NTA in particular. Therefore, the Employer members note that there appears to be a lack of clarity about the facts that are relevant for our full understanding of this case and we request that the Government provide this information so that the Committee of Experts can carefully consider the information about this issue.

The Employer members take this opportunity to remind the Government of its commitment to guarantee freedom of association, in consultation with the social partners, and therefore urges the Government to take the necessary measures to ensure that the NTA may be registered, that there are no obstacles to that process and to provide information to the Committee of Experts on progress made in this regard.

Turning now to the issue of the Civil Society Organizations Proclamation, the Committee of Experts noted that the Charities and Societies Proclamation No. 621 of 2009 has been replaced by the Civil Society Organizations Proclamation No. 1113 of 2019. The Committee of Experts noted with satisfaction that the Civil Society Organizations Proclamation addresses some of their previous outstanding comments by removing certain provisions of the Charities and Societies Proclamation that were not in conformity with the Convention. The Committee of Experts also observed that there were issues that remained necessary to be addressed and that included section 59(b) of the new Civil Society Organizations Proclamation, noting that narrowing the grounds for registration refusal was still necessary. While that occurred, overall the restrictions were still unnecessarily broad and the Committee of Experts requested the Government to revise section 59(b) in consultation with the social partners and requested the Government to provide information on developments in this regard to the Committee of Experts.

The Committee of Experts also noted section 78(5) of the Civil Society Organizations Proclamation and requested that the Government indicate whether the appeal under this section had the effect of a stay of execution and, if not, to take the necessary measures to provide for such effect. The Government has expressed the view that sections 59(b) and 78(5) of the Proclamation have a justified objective, but expressed a readiness to engage in constructive social dialogue on this issue and would provide information to the Committee of Experts in its next report.

The Employer members note this information and request the Government to consult with the social partners with respect to the issue of section 59(b) of the Civil Society Organizations Proclamation in order to achieve its stated objectives and the Employer members also request the Government to provide information on developments in this regard so that they can be more fully considered.

Turning to the issue of civil servants and the employees of state administrations, the Committee of Experts expressed in its previous comments, in view of the ongoing comprehensive civil service reform, the expectation that the right to organize would be granted to all civil servants, including teachers in public schools and employees of state administrations, includng care workers, judges, prosecutors and managerial employees. The Government has affirmed its readiness to address the matter and in full consultation with the social partners stated that it would take the necessary measures to grant civil servants and employees of the state administrations the right to establish and join organizations of their own choosing.

The Committee of Experts noted the absence of concrete information concerning the civil service reform in the Government’s report. Therefore, the Employer members request that the Government provides information regarding the civil service reform and on all developments in this regard so that it may be properly considered. We do welcome the Government’s comments in this regard of its process of engaging in social dialogue with the social partners in this aspect of reform and encourage the process to continue.

Turning now to the Labour Proclamation No. 1156 of 2019, the Committee of Experts expressed concerns over provisions of the prior Proclamation No. 377 of 2003 and noted that that Proclamation of 2003 has been replaced by the Labour Proclamation No. 1156 of 2019. Nevertheless, the Committee of Experts still noted some concerns with the new Proclamation, including the exclusion in section 3 from the scope of its application and from the right to organize of certain workers. Therefore, the Committee of Experts requested the Government to either amend this section or adopt adequate legal provisions to recognize and guarantee the right to organize for the certain categories of workers discussed in its observations. The Government in its submissions points out that, with the possible technical assistance of the ILO, it will be in a position to carry out in-depth studies on the matters in hand and engage in effective and constructive dialogue with the social partners and has also indicated an ability with technical assistance to provide information on developments thereon, for the Committee of Experts’ next report. The Employers’ group welcomes these comments from the Government and encourages this process.

Another issue that the Committee of Experts addressed in respect of the Labour Proclamation No. 1156 of 2019 was the quorum required for a strike ballot and we did listen to the Government representative’s comments about those rules. However, the Employers’ group position is very clear on this point. The Employer members are of the view that the right to strike and related issues are excluded from the scope of Convention No. 87. Those issues fall outside of the scope of the Convention and we therefore do not believe the Government has to provide details to the Committee of Experts or to the Conference Committee on strike ballot rules or rules regarding the quorum required for a strike. It is our view that this falls within the purview of national legislation and does not fall under scrutiny under the Convention.

In closing, we are very heartened by the Government representative’s submissions and the willingness to work together with the ILO in order to address the remaining challenges for the application of the Convention in practice in Ethiopia, and we encourage the Government to continue to engage in a process of social dialogue with employers’ and workers’ organizations.

Worker member, Ethiopia – The Confederation of Ethiopian Trade Unions fully supports the report of the Committee of Experts on Ethiopia regarding the Convention, which the country ratified in 1963.

According to article 9(4) of the Constitution(1995), “all international treaties ratified by Ethiopia are integral parts of the law of the land”. Relevant ratified Conventions, such as Convention No. 87, are therefore an integral part of the legal framework governing labour relations in Ethiopia. Article 13 of the Constitution provides that fundamental freedoms shall be interpreted per the main international human rights instruments adopted by Ethiopia. This implies that interpretations of Ethiopia’s labour rights must conform to international human rights instruments. Article 31 of the Constitution states that: “Every person has the right to freedom of association for any cause or purpose. Organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited.”

In stark contradiction with the provisions of these legal frameworks, the Federal Democratic Republic of Ethiopia’s Labour Proclamation No. 1156/2019, in section 3, excludes some categories of workers from freely forming and joining trade unions of their choice. While the laws are relevant and proper, the gaps in practice are deep and deliberate.

What is clear is that Ethiopia’s industrial relations practices pick and choose what aspect of laws to respect and apply. This is the case for workers in the national airline who are allowed to organize under the Labour Proclamation No. 1156/2019. The management of the national airline group thinks otherwise and so flagrantly violates the freedom of association rights of workers. The national airline group is victimizing workers who belong to an independent workers’ union. They are deprived of benefits and punished, including being sacked. Six leaders of the Ethiopian Airlines Group Basic Trade Union (EAG BTU), including the president, a pilot, and the vice-president, a technician, were dismissed. A mediation meeting was organized by the Ministry of Labour and agreements reached by all parties. While other parties to the agreement have complied, the national airline group whimsically breached the provisions of the agreement by continuing to deny the workers’ union recognition and refusing to reverse the punitive actions against the leaders.

The Government has demonstrated deliberate and disguised weakness in enforcing the provisions of the Convention. It is fair to say that the Government has continued to display bias. This is the case with the issue relating to the national airline group. While our organization has written 16 letters to the Ministry to enforce the outcome of the mediation, we are yet to receive a single response. However, to our dismay, the Ministry quickly responded to the management letter wherein it claimed that workers were using telegrams to undermine the company, while in the real sense the workers were simply conducting their affairs similarly to what this Committee is now doing.

The Government is also using a blanket and wide definition of essential services to deny workers the right to organize. Several sectors, which are not defined and contained in the ILO essential services list, are currently being classified as such. For instance, railway and aviation are classified as essential services. The Government should be advised to conform to the universally accepted list.

Finally, Ethiopia is aiming to industrialize and grow national prosperity. Ethiopian workers fully support these aspirations and are at the heart of the efforts for their realization. However, it is wrong and unacceptable for such aspirations to be driven by the direct denial of the rights of workers. This is the case with industrial parks, where workers are not allowed to form and join trade unions. The Government must be assisted to ensure that its recently launched Decent Work Country Programme fully and genuinely complies with the provisions of the extant laws and standards it has ratified.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, the Republic of North Macedonia, Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the right to organize and freedom of association.

We actively promote the universal ratification and implementation of fundamental international labour standards, including ILO Convention No. 87. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

The EU and its Member States have been engaged in development dialogue and cooperation for more than 40 years with Ethiopia. We recognize the progress made on the implementation of international labour standards.

In line with the Committee of Experts’ assessment, we note with regret, however, the insufficient progress with regard to freedom of association and the right to organize, in particular the fundamental right of social partners to form organizations and, subsequently, the right to official recognition through legal registration. Having this in mind, we urge Ethiopia to take the necessary measures to ensure the immediate registration of the teachers’ associations. It is the fundamental right of all workers, including civil servants and other employees of the state administration, to form organizations of their own choosing for furthering and defending their occupational interests.

We commend the replacement of the Charities and Societies Proclamation by the Civil Society Organizations Proclamation in 2019, which removed certain provisions that were not in conformity with the Convention; among others, provisions that gave governmental authorities great discretionary powers to interfere in workers’ and employers’ freedom of association and their right to organize. We call on the Government to revise, in consultation with the social partners, the remaining outstanding provisions not in line with the Convention, in particular on the registration and effect of appeals.

We also note with satisfaction the recent revision of the Labour Proclamation in 2019, however we regret that it still unlawfully restricts the application of the Convention, in particular in relation to the coverage of all categories of workers, the list of essential services in which strike action is prohibited and the quorum required for a strike ballot.

We welcome the written information provided by the Government, underline the importance of technical assistance and hope for close cooperation by the Government with the ILO and the social partners in addressing all the outstanding issues.

Furthermore, we note that the Committee of Experts, in its report of 2021, has requested the Government to take measures or provide information with respect to child labour. We appreciate many of the measures put in place by the Government in recent years, but encourage further efforts to eliminate child labour, including by moving towards compulsory and free primary and secondary education for all children until they reach the minimum age for admission to work. Particular attention should be paid in this respect to gender equality and the informal sector.

The EU and its Member States will continue to cooperate with Ethiopia and stand ready to support the country in their continuous work towards the full implementation of ILO Conventions.

Government member, Namibia – Namibia welcomes the detailed response from Ethiopia and commends it for its readiness and openness to engage in a constructive dialogue on the issues at hand with the concerned stakeholders, including the social partners. Namibia equally notes the Ethiopian Government’s efforts in collaboration with development partners and stakeholders in carrying out comprehensive and in-depth reforms, including civil service reform, and the Job Evaluation and Grading System for the civil service sector, which is at the stage of pilot testing. In conclusion, Namibia would like to underscore the efforts being made by the Federal Democratic Republic of Ethiopia in so far as Labour Proclamation No. 1156/2019 is concerned, and we call upon the ILO to provide technical assistance to the Government, which will carry out in-depth studies on the matters at hand and engage in effective and constructive dialogue with the social partners.

Worker member, Somalia – This intervention is made on behalf of the workers and trade unionists in the Horn of Africa. It is aimed at providing additional information to the report of the Committee of Experts. Convention No. 87 is a fundamental labour right. It is essentially an enabling right, a means of facilitating the realization of further rights, rather than just a right in itself. Without the right to freedom of association, workers are at risk of being isolated and voiceless. It is the essential means through which workers may promote and defend their economic and social rights and interests.

The unethical and skewed labour relations practices being implemented in the national airline group is deplorable and unacceptable. The actions of this company are clear violations of the spirit and letter of the Convention. The company is openly and recklessly breaching the rights of workers, including victimizing pilots for belonging to the union. This, even though the Ethiopian Industrial Employers’ Confederation states that: “Captains or pilots have the right to organize based on ILO Convention N87 on freedom of association, the Constitution of the Federal Democratic Republic of Ethiopia and the National Labour Proclamation.” This, even though Ethiopia ratified the Convention decades ago and that the spirit of the Convention should be an integral part of the legal framework governing labour relations in Ethiopia.

The management of the national airline group has reportedly stopped some benefits to pilots who have joined the independent and democratic trade union. It has also applied intimidation tactics by contacting the Ministry of Labour to prevent the registration of the union.

The Federation of Somali Trade Unions supports calls for those pilots, dismissed or laid off by the group due to their union involvement, to be immediately reinstated. No law has been broken that warrants that pilots should be punished.

Interpretation from Chinese: Government member, China – We have carefully read the report of the Committee of Experts and the written information of the Government on the case. The Ethiopian Government gave a detailed response and clarification to the recommendations or observations of the report. We commend this. Over the years, both in legislation and practice, the Government has earnestly implemented the Convention and made positive progress. We highly acknowledge the enacting of the Civil Societies Organizations Proclamation and its positive effects. The Proclamation is for the purpose of registration, management, inspection and supervision of civil society organizations and NGOs that support vulnerable groups. In order to prevent misconduct engaged by such organizations that runs counter to people’s rights and interests, social norms, moral values or social beliefs, we welcome the Government’s attitude in maintaining constructive dialogue with the social partners and stakeholders.

We welcome the comprehensive and in-depth reforms by the Government in areas such as public administration and civil service, tax administration and judiciary, and look forward to more fruitful results coming out of the reforms in the future.

Meanwhile, we would also like to remind this Committee to duly note that countries have different national circumstances and development stages. The domestication of various labour Conventions, standards and norms, including Convention No. 87, is in itself an incremental and complex process. While we stress the enhancement of the ratifying country’s capacity to apply the Convention, we should also look into the question from a historical, involving and dialectical perspective.

We hope the ILO will continue to provide technical support and keep strengthening constructive dialogue with the social partners so as to further promote the concrete implementation of the Convention.

Government member, Ghana – Convention No. 87 is a very important fundamental Convention for union formation and social dialogue. The effort by Ethiopia in response to its compliance with the provisions of the Convention by allowing workers to register their unions at any time in conformity with the relevant ratified instruments is commendable.

Ethiopia repealed the Charities and Societies Proclamation (No. 621/2009), which was very limiting to freedom of association, and replaced it with the Civil Society Organizations Proclamation (No. 1113/2019), which gives effect to freedom of association as provided for in the Convention. This is very positive, especially as we are reliably informed that it has created an enabling environment for the enhancement of democracy and the desire to organize.

Ghana believes that union pluralism in the industrial space creates the opportunity for new and emerging unions to be registered, thereby meeting the letter and spirit of this Convention. This has progressively positioned Ethiopia as a country which is accountable and encourages transparency in the implementation of same.

Ghana firmly believes in supporting a worthy cause that culminates in a rich tripartite experience for national development and we are convinced that Ethiopia is in a position to adopt measures to align its laws and practice with the comments made by the Committee of Experts.

Worker member, Norway – I will speak on behalf of trade unions in the Nordic countries. The right to organize is a key element of ILO Conventions. Most importantly, being organized in a trade union gives workers a sense of belonging, representation and legitimacy. It is sad that Ethiopia, under its labour laws, precludes several workers from exercising their fundamental right to organize because their work is termed as “essential services”. This applies to transport workers, air transport and urban bus services.

Sadly, we note that civil servants, such as teachers in public schools, employees of the state administration, care workers and others, do not enjoy the right to organize. It is unfortunate that despite earlier promises given by the Government, the trade unions of teachers are still not registered or recognized.

All Nordic workers enjoy the right to form and join trade unions of their choice and the right to bargain collectively. This includes workers in the public sector, such as teachers, police, prison staff and armed forces, as well as those in the private sector. They all have the right to strike. We are aware that there are countries on the African continent which have unionized public sector workers. We would encourage the Government to share experiences with these countries.

Accordingly, we urge the Government to take the necessary measures to ensure the immediate registration of the NTA so that teachers can fully exercise their right to form organizations of their choice and defend teachers’ rights. We further urge the Government to revisit and reassess its “essential services” policy.

Interpretation from Arabic: Government member, Algeria – Algeria notes the information provided by Ethiopia, indicating that no request has been submitted to register the NTA. However, it states that the ETA is affiliated to Education International (EI), has a large number of members and seeks to promote teachers’ interests and rights.

Algeria further notes the satisfaction expressed by the Committee of Experts regarding the amendments to the Civil Society Organizations Proclamation. Algeria also supports Ethiopia’s efforts in the reforms undertaken in the public service, public enterprises and the tax administration and in the establishment of a job evaluation and classification system, which will result in improvements in pay.

Algeria welcomes the Government’s announcement regarding its willingness to launch a constructive dialogue with the social partners on the issues raised and regarding the transmission of updated information to the Committee of Experts in its next report, in which it will indicate the progress made, taking account of the Committee’s observations.

Algeria encourages cooperation between Ethiopia and the ILO with a view to the provision of the technical assistance outlined for the application of the Convention.

Government member, Burkina Faso – My country reaffirms its attachment to the principles and values enshrined in Convention No. 87. The question of the defence of freedom of association is a fundamental concern of our Organization. Indeed, in its 1919 Constitution, the 1944 Declaration of Philadelphia and the 1998 Declaration on Fundamental Principles and Rights at Work, the ILO has made the promotion of freedom of association its flagship issue.

The Government of Ethiopia has been summoned to appear before our Committee regarding the application in law and in practice of certain provisions of the Convention, which it ratified on 4 June 1963.

My country’s delegation notes with satisfaction the useful information provided by the Government of Ethiopia through the various efforts made by this fellow country to give full effect to the principles contained in the Convention. It is happy to note that on all the questions raised by the Committee of Experts, Ethiopia has shown its willingness to take the necessary remedial action to ensure adequate application of the Convention on the ground. To this end, it has shown its readiness to engage in dialogue with the social partners and to receive ILO assistance. For this reason, while encouraging the Government of Ethiopia to continue its efforts in the context of the planned reforms, we hope that the Committee will show leniency and understanding towards Ethiopia.

Employer member, Ethiopia – The last two years, we have been working hand in hand with the Confederation of Ethiopian Trade Unions. We have been solving lots of problems that have arisen between employers and workers. We have solved legal issues that we have on the table today. The last two years, even our tripartite forums were going smoothly with us employers, with the Government, and with the workers. We have achieved a new labour law that has taken seven years to come to a conclusion.

This shows that the relationship between employers, workers and the Government is getting better than ever. This year, the Government is trying to make things very smooth for all parts of society, the economy and the political situation. Although there were some social unrests here and there, we have been approaching the Government to give us a fair playground as far as work is concerned.

It is our belief, as the Confederation of Ethiopian Employers Federation, that whatever has been done so far will even be better in the coming years. Of course, by the end of the year, there will be a new Government, a new hope, a new development, and we believe that, as an employers’ organization, by coming together with the Confederation of Ethiopian Trade Unions (CETU), the workers’ organization, we will make a very impressive approach to let the Government abide with the Convention that has been ratified by Ethiopia a very long time ago.

It is also our belief, as employers, to work hand in hand with workers to bring better working conditions, better dialogue and social forums, and even to work in enhancing and influencing other policies which the Government will be implementing.

As far as the national airline company is concerned, we have been working with CETU in a bilateral forum to make things better for the pilots, for the mechanics and, in general, for all the staff of the national airline company. We believe that our involvement has brought things to a better level. And it is still our mandate and our obligation to work with CETU to resolve whatever problems remain as far as teachers’ conditions are concerned, and vital essential services are concerned.

We have been working bilaterally, and tripartitely, in solving all kinds of problems that the Ethiopian economy has been facing. We do not exist if the workers do not exist. In the same fashion, workers will not exist if we employers do not exist. As a matter of fact, what the workers are complaining about, and what we are complaining about, is not a big issue that cannot be resolved among us, the tripartite solution that we are working on.

With the end of this election period, which will take us to end of July and August, we will come back again with a better solution that will satisfy the workers, the Government, and us, the employers. So, it is our belief that there is nothing bigger than our tripartite forum and solution mechanism.

I thank you for giving us the chance and I promise, on behalf of Ethiopian employers, that we will be resolving, and will stand hand in hand with our workers, CETU, and the Government itself.

Government member, Kenya – The Kenyan delegation thanks the representative of the Government of Ethiopia for the response to the issues raised by the Committee of Experts. In regard to the complaint by Education International on the failure to register the teachers’ association, we note that the Government of Ethiopia is ready to undertake their registration as long as they comply with the national legislations.

We further note that Ethiopia is ready to engage with the social partners in the implementation of the Civil Society Organizations Proclamation. These measures represent an important step towards resolving the concerns raised, even as the Government retains its oversight role.

The Kenyan Government further notes the willingness of the Government of Ethiopia to engage with the social partners in discussions on aspects of the Labour Proclamation 2019, namely: workers covered; essential services; and the quorum required for a strike ballot. Tripartite consultations and meaningful and effective dialogue are essential elements for the application of fundamental principles and rights. In conclusion, we urge the ILO to provide technical assistance to complement the Government’s efforts in addressing challenges in the implementation of its obligations under the Convention. We believe it is necessary to note and support the commitment of Ethiopia to engage in social dialogue, while continuing to monitor the progress under existing reporting mechanisms.

Observer, International Transport Workers’ Federation (ITF) – As you have already heard today, as a consequence of corporate restructuring, workers at the national airline group registered a trade union – the basic trade union – in September 2019. Shortly thereafter, another trade union was registered to represent the same group of workers – the basic primary union – despite protestations from the incumbent. The airline actively supported the registration of the second union and began a hostile anti-union campaign.

The airline has dismissed a majority of the basic union’s leadership. It also initiated a check-off system for the primary union, but refused to do so for the basic union. This system then became the basis of the “representativity” certificate issued by the Ministry to the primary union. The airline now makes membership of the primary union a prerequisite for accessing employee support measures, including bank loans. Furthermore, the basic union is not allowed to recruit members and workers who express an interest in joining are effectively threatened with dismissal. These are acts of gross anti-union discrimination and employer interference in the establishment and functioning of trade unions.

We deplore the dismissal of workers on grounds of their leadership roles in the basic union. These workers must be reinstated into their original jobs and compensated for loss of income immediately.

The intervention by the airline to promote the establishment and functioning of the parallel primary union constitutes an extreme act of interference. Intimidation of trade union members under the threat of termination constitutes a denial of these workers’ fundamental rights. Finally, the provision of employee benefits only to members of the employer’s favoured union amounts to another egregious act of anti-union discrimination.

We trust that the Government will take measures to ensure that the airline adopts a neutral stance on union representation. Further, the airline must be called on to remedy all acts of anti-union discrimination without delay.

Observer, IndustriALL Global Union – I am speaking in the name of IndustriALL Global Union, representing over 50 million workers, including the textile and garment sectors, to deplore ongoing violations of workers’ rights to organize in Ethiopia’s industrial parks.

Although we welcome Ethiopia’s Labour Proclamation of 2019 to integrate international labour standards, our affiliates report that unfortunately these same labour standards are violated daily in the industrial parks, which are special economic zones for export-oriented light manufacturing, in which the majority of foreign investors enjoy many advantages, including tax and duty exemptions.

Over 45,000 workers from the textile, garment, shoe and leather sectors are employed in these industrial parks, owned by state bodies, namely the Ethiopian Investment Commission (EIC), and managed by the Ethiopian Industrial Parks Corporation.

In 2019, IndustriALL Global Union carried out an investigation in an industrial park, which showed that the majority of workers from the main garment factories were not unionized. The investigation also found that in these industrial parks, workers in some cases earned the lowest wages in the sector – some only earning between US$17 to US$30. We wonder how it is possible for workers to live on those kinds of wages. It was also found that unfortunately the employers at this park behave somewhat like a cartel, in which they decide to pay exactly the same wages to the workers to avoid workers moving from one factory to another seeking to improve their wages. The union still has no access to the workers in industrial textile parks, meaning no freedom of association and dramatically low wages. To date, our affiliate in Ethiopia, the Industrial Federation of Garment, Leather and Textile Workers Union (IFGLTWU) has been unable to organize workers at this park because union organizers are not allowed to enter the park.

Government representative – I would like to thank all those who have contributed to the discussion. Let me also use this opportunity to thank in particular and express sincere appreciation to the interventions made by the Governments of Namibia, China, Ghana, Algeria, Burkina Faso and Kenya. We take note of the various constructive ideas raised during the discussion and the appreciations reserved for the country in the implementation of the Convention.

I would like to underline once again that Ethiopia attaches great importance to the ILO supervisory mechanism. We are encouraged by speakers’ positive observations regarding the progress we have made in terms of the newly enacted Civil Society Organizations Proclamation that repealed the previous Charities and Societies Proclamation.

Please note that Ethiopia is still undergoing an overall reform process, as well as an in-depth reform encompassing administrative and civil service reforms.

I reaffirmed the commitment of the Government to engagement and social dialogue with partners. We will continue to engage in constructive dialogue with concerned stakeholders and the social partners on the various observations and, as I said earlier, provide updated information on the outcome in the next reports.

Allow me to briefly restate some pertinent issues. Please note that individuals and workers in Ethiopia are now free to form any sort of association of their choosing based on the applicable national laws. The request for registration by the NTA has not been received by any competent authority. If it so wishes, the NTA can, like any other association, register at any time provided that it complies with relevant regulations.

In conclusion, let me reiterate once again the commitment of the Government to the full application of the Convention in point and other ILO instruments.

Employer members – I would like to begin by thanking the Ambassador from Ethiopia for the information that she provided today and the Employers’ group takes note of the written and oral information provided by the Government representative and the interesting discussion that followed. Taking into account the Government’s submissions and the discussion, the Employer members note that a number of compliance issues regarding Articles 2, 4 and 6 of the Convention appear to remain outstanding.

In this regard, the Employers call upon the Government to revise, in consultation with the social partners, section 59(b) of the Civil Society Organizations Proclamation No. 1113 of 2019 in order to ensure that the grounds for refusal of trade union registration are not excessively broad.

We call upon the Government to make sure that appeals by members, founders or managers against the dissolution of their organization to the Federal High Court, which is regulated in section 78(5) of the Civil Society Organizations Proclamation, has suspensive effect.

The Employers also call on the Government to either amend section 3 of the new Labour Proclamation 1156 of 2019 in order to recognize the right to organize for the categories of workers currently excluded from its scope, or to adopt adequate legal provisions to this end to respect the principles of freedom of association fully.

The Employers also request the Government to provide information on the status of the ongoing comprehensive civil service reform as regards the granting of the right to organize to civil servants and to inform the Committee of Experts on progress made in this regard.

In conclusion, the Employers’ group wishes to remind the Government of its commitment to guarantee freedom of association in compliance with the Convention. This is to be done in consultation with the social partners and must take into account compliance both in law and practice. The Employers, in closing, express our appreciation for the Government’s stated willingness to work towards full compliance with the Convention in both law and practice and we would encourage the Government to avail itself of technical assistance in order to make this happen.

Worker members – We thank the Government representative for the information that she has been able to provide during the discussion, and we also thank the speakers for their constructive contributions.

According to our information, the request for the registration of the NTA has now lapsed. In effect, the association has been dissolved following the numerous deliberate obstacles that were raised during the registration process, which was not successful. Although the request for the registration of this association has now lapsed, the practices that prevented it from being registered have not, and other associations are today facing difficulties in achieving full recognition as trade unions.

It is now the ETA that is facing these difficulties, since it is only recognized as an occupational association, but not as a trade union. We therefore invite the Government to make every effort to remove the obstacles, in both law and practice, to the recognition of representative trade unions of teachers, and accordingly to enable them to fully represent the interests of Ethiopian teachers.

The Government must also ensure that the necessary legislative reforms are adopted to bring the Civil Society Organizations Proclamation of 2019 into conformity with the Convention.

First, it is necessary to revise sections 59(b) and 121(1) of the Proclamation, as the criterion of being contrary to public morals, which can be used by the authorities to refuse to register an organization, is excessively broad and arbitrary.

Second, it will also be necessary to revise section 78(5) of the Proclamation in order to grant suspensive effect to any appeal made against decisions to suspend, withdraw or cancel the registration of a trade union.

Another issue concerns the rights and freedoms guaranteed by the Convention, which are unfortunately not applicable for many categories of public servants and state employees. The Government must therefore ensure that these categories of workers are included within the scope of application of the legislation that guarantees the rights and freedoms protected by the Convention.

In addition to these difficulties relating to state employees, the Labour Proclamation of 2019 is also contrary to the Convention with regard to the exclusion of a number of categories of workers, which we enumerated in our introductory intervention, and in relation to which the Government must guarantee the full application of the principles set out in the Convention.

With a view to the effective implementation of all of these recommendations, we encourage the Government to have recourse to ILO technical assistance.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

Having examined the matter and taking into account the Government’s submissions and the discussion that followed, the Committee notes that, while some compliance issues have been addressed in the new Civil Society Organizations Proclamation No. 1113/2019, serious problems applying the Convention nevertheless persist.

In this regard, the Committee calls upon the Government of Ethiopia to:

  • take all necessary measures, in law and in practice, to ensure that teachers’ trade unions are registered and recognized as such and can join other trade unions;
  • revise, in consultation with the social partners, section 59(b) of the Civil Society Organizations Proclamation No. 1113/2019 in order to ensure that the grounds for refusal of trade union registration are not excessively broad;
  • make sure that the appeal of members, founders or managers against the dissolution of their organization to the Federal High Court, which is regulated in section 78(5) of the Civil Society Organizations Proclamation No. 1113/2019, has suspensive effect; and
  • amend section 3 of the new Labour Proclamation No. 1156/2019 to recognize and guarantee the right to organize for the categories of workers excluded from its scope.

The Committee also requests the Government to provide information on:

  • the status of the ongoing comprehensive civil service reform as regards the granting of the right to organize to all civil servants; and
  • progress made on all the issues referred to above.

The Committee invites the Government to avail itself of ILO technical assistance to effectively implement all of the Committee`s recommendations.

Government representative – I am taking the floor to reflect on some of our views on the conclusions of the Committee with regard to Convention No. 87. I would like to reiterate our position to this august assembly for the record that, despite the fact that Ethiopia provided written replies to the observations and comments made by the Committee of Experts, my country was regrettably included in the final list of individual cases and appeared before this Committee for reasons which we still fail to understand.

Allow me to take this opportunity to reflect on our views on the supervisory mechanism of the ILO. We strongly believe that this mechanism should be clear, open, fair, balanced, consistent, and recognize countries’ context and realities. Its task should strictly be confined within the purview of the ILO so as to maintain the credibility of the Organization, and should not be dictated by any other factor or motivation.

As I said previously, I have taken good note of the discussions that transpired in our individual case. Let me express my thanks once again to the representatives of Employers, Workers and Governments for their interest and constructive interventions.

Based on the previous discussions on our individual case, and the draft conclusions drawn, I would like to bring the following major points to the attention of the Committee.

1. In relation to the case of the NTA, the complaint which refers to the denial of registration of the NTA is indeed baseless. I would like to reiterate that the so-called NTA, like any other association, can register in Ethiopia at any time if it so wishes with the competent authority, provided that it complies with the relevant domestic legislation that governs such registration.

2. Civil servants and employees of the state administration. As I have already pointed out in my previous intervention, my Government has been seriously engaging in carrying out a comprehensive reform, including civil service reform, with the aim to promote democracy and good governance. In light of this, we can provide progress made thereon, taking into account the conclusions of the Committee.

3. Labour Proclamation No. 1156/2019. As regards the conclusions of the Committee in reference to certain categories of workers that are excluded from the scope of application of labour law, we are ready to learn from other countries’ experiences, and engage in effective and constructive dialogue with the social partners with possible technical assistance from the ILO.

In conclusion, I would like to put on record Ethiopia’s commitment to comply with the Convention and domestic legislation on the right to organize. Ethiopia endeavours to improve the right of workers to organize and maintains healthy practice of consultation with the social partners on legislation and implementation. Some conclusions of the Committee are exceedingly onerous. We see the Committee could make advisory suggestions to Member States. To this effect, we look forward to the ILO’s continued technical assistance.

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