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

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

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with regard to significant changes made in a newly enacted Civil Society Organizations Proclamation No. 1113/2019 that repealed the previous Charities and Societies Proclamation No. 621/2009.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.

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative stated that the Government had always been ready and willing to cooperate with the supervisory bodies of the ILO on the implementation of ratified Conventions. In this regard, the Government had provided a series of submissions over the years to the Committee on Freedom of Association, the Committee of Experts, and to the Conference Committee; those submissions incorporated adequate and comprehensive information on the implementation of Convention No. 87.

He noted that the present discussion came at a time when the report by the ILO direct contacts mission to Ethiopia had already been issued. The Government had agreed to receive the direct contacts mission following a recommendation made by the Conference Committee, and a decision of the 2007 International Labour Conference. The mission was successfully undertaken in October 2008 and, as the mission report clearly indicated, the relevant authorities fully cooperated by providing the requested information. As the mission report's recommendations were being seriously considered by the Government, he expressed disappointment that the Committee had not allowed for sufficient time for this process to unfold before scheduling the present discussion.

He stated that the Committee on Freedom of Association Case No. 2516 was first examined some time ago, and had been previously considered by this Committee. The case, he recalled, involved a dispute between two groups of individuals, each claiming to be the legitimate representative of the Ethiopian Teachers Association (ETA), which had been in existence since 1949. This dispute was the subject of a long-standing legal battle involving many judicial institutions, from the First Instance Court to the Cassation Division of the Federal Supreme Court. A group of former teachers, supported and financed by external actors, had challenged the legal status of the then new leadership of the ETA. This new leadership had been established following a change of government in Ethiopia and the subsequent introduction of a federal arrangement, under which teachers from all corners of the country were represented. The group, led by some senior supporters of the former military regime, was opposed to the ETA's reorganization due to a purely political aversion to the country's new political system. Whereas a diverse political opinion within an organization was acceptable, and even supported, this group rejected the legally constituted body and chose not to surrender the ETA premises and property under its possession. A legal process was thus triggered over the legality of representation, and the handing over of premises and property.

The Government had consistently maintained that the domestic legal process should be allowed to run its course. Furthermore, it was not involved in this legal dispute. In any event, the ETA was now operating freely throughout the country with over 260,000 members. The Government did not interfere in the ETA's internal affairs and activities. Noting that the dispute had been disposed of by a decision of the Cassation Division of the Federal Supreme Court, he expressed the expectation that Education International (EI) and the ITUC would show respect for the integrity of this judicial process and refrain from recycling already resolved allegations. There was no sound procedural basis for presenting new allegations by linking them with Case No. 2516.

He regretted that further allegations had been added to the present case to sustain a confrontational approach. A close scrutiny of those submissions clearly showed that the "new" information was being used as a tactic for maintaining the issue on the Conference Committee's agenda, long after the dispute underlying the complaint had been legally resolved. The new allegations were intended by the claimants to intervene in and influence an ongoing legal dispute initiated by a group of individuals, who were experiencing difficulty in getting a new organization registered under the name "Ethiopian National Association of Teachers". Without prejudice to the outcome of that dispute, the Government wished to state that individuals and workers in Ethiopia were free to form their associations based on the applicable national laws. As the complainants themselves indicated, their complaint had been brought before the Federal Office of the Ombudsperson - a duly established constitutional organ. The Government thus found it unacceptable that a case which was being considered by a constitutionally established organ had been brought before this Committee.

Representatives of the complainant group had also filed a civil action against the Ministry of Justice on the grounds that it failed to register them. The Federal First Instance Court dismissed the case on 29 April 2009, on the grounds that the Ministry of Justice was not the proper defendant for the case, as the Government body responsible for registering associations was the Charities and Societies Agency. An English language translation of any decision, once issued, would be submitted to the CFA. He reiterated that the national judicial and quasi-judicial processes should be allowed to adjudicate such cases, as the Government continued its full cooperation with the ILO supervisory bodies.

With regard to other cases that were referred to in the 353rd Report of the Committee on Freedom of Association, he assured the Committee that the Government would provide detailed information refuting the numerous allegations contained in that report. Some of those allegations included the arbitrary arrest and dismissal of teachers for engaging in their association's activities. The legal measures taken against the individuals mentioned in the Committee on Freedom of Association report, however, were taken in full compliance with the requirements of due process of law, and the Committee on Freedom of Association would be provided with the English language translation of the decision concerning those teachers' convictions for criminal activities, which had no connection whatsoever with their trade union activities. He reiterated that, as the cases demonstrated that tangible progress was being made, it was inappropriate for this matter to have been discussed before further examination by the ILO supervisory bodies.

In spite of the ongoing challenge of convincing all those involved to avoid unnecessarily politicizing the present case, the Government remained committed to cooperating with the ILO supervisory system on effective compliance with all ratified Conventions, and to engaging in constructive dialogue on all outstanding issues. The direct contacts mission had charted a positive approach for dialogue and cooperation, and the Government was studying the recommendations outlined in the mission report, which contained a number of positive elements.

The Employer members indicated that the case of Ethiopia's violation of Convention No. 87 had been addressed by the Committee no fewer than ten times. The last time that the right of teachers to organize had been discussed was in 2007.

One of the fundamental problems continued to be the serious situation relating to the events that had occurred in 2005: the failure to clarify the incidents relating to the arrest of trade unionists of this association, their probable torture and mistreatment, as well as the continued intimidation and interference, which apparently had led to the closure of the trade union offices, the confiscation of documents, and the freezing of financial assets and the appearance of another trade union organization with the same name.

At that time, it had been alleged that the trade union leader had been arrested for reasons owing to his political activities and not his trade union activities. In 2007, the Government had been requested to provide detailed information on the matter, as well as on the level of affiliation and the conditions under which the new trade union organization (ETA), in the educational sector had been constituted, so as to verify the truth of the matter. As the Government had not provided any information on the investigation made, it was not possible to ascertain whether one had actually been done. The Employer members agreed with the Committee of Experts on the importance of a full and independent investigation of the matter.

The second issue was the need to ensure the legality of the new teachers' association. To this end, a direct contacts mission had visited the country in 2008. A ruling had already been handed down by the Supreme Court relating to the executive body of the ETA and, following its decision, a group of teachers had submitted a registration request to the Ministry of Justice, which, apparently, had been delayed on the grounds that prior consultation with the Ministry of Education was required. Such a consultation was inappropriate. On the one hand, the prolonged delay in authorization appeared to indicate a lack of will and not a mere procedural issue, and on the other hand, requiring the intervention of a Government body, on which the teachers' group depended, was totally inappropriate, in light of the requirements of the Convention.

With regard to the revision of the legislation respecting the public service, there was agreement on the fact that freedom of association and the right to collective bargaining included teachers, together with other categories of workers in the public service. An area in which there was no consensus with the Committee of Experts was on the matter of the exercise of the right to strike, as this was considered to be out of the scope of the Convention.

The issue of the "Labour Proclamation" and its adaptation to the Convention went a long way back. This legislation had been amended in 2003, repealing the denial to teachers of the right to organize, but only in the private sector. Moreover, the possibility of annulling the registration certificate of organizations prohibited under this legislation was maintained.

Considering the seriousness and persistence of the situation, they maintained that it was essential to know whether the Government was able to demonstrate the additional level of commitment needed in order to follow-up this case with the practical measures needed for its resolution.

The Worker members regretted that the Committee had to consider this case for the tenth time in 22 years. For several years, the Committee of Experts had made comments demanding to bring national legislation into conformity with the requirements of Convention No. 87. Despite the affirmation the Government had made before this Committee, the revision of the Proclamation on the public service to grant the right of freedom of association to public employees, such as judges, prosecutors and other categories of workers had not been undertaken. Although the 1993 Proclamation had been modified in 2003, teachers employed in the public services, who represented more than 200,000 civil servants in Ethiopia, were still deprived of the right to establish trade unions and join the National Trade Union Confederation (CETU). This constituted a violation of the Convention.

The Worker members also stressed that the recommendation of the Committee of Experts could be understood in such a way that air and urban transports were no longer to be seen as essential services. Besides, the 1993 Proclamation enabled the administration to dissolve trade unions and required them to obtain an authorization prior to their establishment. This also constituted a violation of the Convention. Since the last examination of this case by the Conference Committee in 2007, the situation had not improved in favour of the right of freedom of association. Even the ILO direct contacts mission, which the Government delayed until October 2008, was not able to solve the situation.

The Committee of Experts and the Committee on Freedom of Association had also examined the question of systematic harassment, the victim of which was the ETA. As a matter of fact, two ETAs existed and the conflict between these organizations dated back to 1993. In that year, following a vote by its general assembly, the ETA, which had been founded in 1949, opposed the Government's reform of the educational system. Several days later, the minority group, which had lost the vote, sued the ETA to claim its assets and its affiliates and the usage of its name. The Ministry of Justice had accepted this and registered it as a professional association of teachers also under the name of the ETA. For 15 years, the organizations were fighting a legal battle to determine which ETA was legitimate. Since then, the most recent organization had been able to make use of all facilities, while the members of the other organization had been victims of harassment, discrimination and other violations of fundamental human rights. In 1997, the deputy secretary-general of the original ETA had been assassinated in broad daylight but the Government had not investigated the crime. In 2007, representatives of the independent ETA were arrested and tortured. Documents proving these facts had been submitted to the UN Special Rapporteur on Torture. The authorities claimed that the imprisoned trade union members were held because of alleged terrorist activities, which had never been proven. In June 2008, the highest judicial instance of the country had ruled in favour of the new ETA and the Government claimed that the whole story resulted from a simple conflict between persons. In truth, the usurpation of the acronym ETA constituted a clever manoeuvre to create confusion among the teachers, the UN agencies in Ethiopia, the observers of the diplomatic missions and also among the members of this Committee. The former secretary-general of the independent ETA, Gemoraw Kassa, was present today and would give a statement in the name of Education International later.

After the dissolution of the original ETA in June 2008, its affiliates and elected members - determined to continue their commitment to defend the right of freedom of association and the trade union rights in Ethiopia - had established a new association. The authorities had again used all possible legal measures to hinder all efforts aimed at registering this organization, referred to as National Teachers' Association (NTA). After having consulted the Minister of Education, thus the employer of the teachers concerned, in November 2008 the Minister concluded that NTA could not be registered. This was a violation of Article 3 of the Convention. For almost one year now, the teachers employed in the public sector were thus totally deprived of an independent organization for defending their rights. The announcement to establish a new agency to cater for NTA's request for registration would only constitute another pretext to defy the workers' legitimate entitlement.

The Worker members expected the Government to make tangible progress and to transcribe without delay all provisions of the Convention into its legislation to guarantee the full possibility to exercise, in law and practice, the right of freedom of association in all categories of workers. His group asked the Government to adopt a precise road map for bringing its legislation into conformity with all requirements of Convention No. 87. They further asked the Government to provide, for examination at the next session of the Committee of Experts, a detailed report on the measures taken in order to fully guarantee the teachers' right to unionize and to permit, in its legislation and practice, that legitimate trade union activities could be exercised without governmental interference and that trade union members were not arrested for having exercised the rights afforded to them by the Convention. They further asked that the independent ETA be registered without delay, without waiting for the establishment of the governmental agency provided for in the new Act concerning civil society organizations and without imposing on it new procedural requirements. Finally, the Worker members asked the Government to accelerate without delay a complete and independent inquiry into all cases of imprisonment and mistreatment of unionized teachers. To date, two persons were still being detained for their links to the original ETA.

The Government representative of Ethiopia, requesting a point of order, stated that although the Government was always willing to cooperate with the ILO supervisory bodies, his presence before the Committee should not be construed as a tacit acknowledgement by the Government of the status of the following speaker.

A Worker member of Ethiopia wanted to highlight the difficult experiences of teachers in Ethiopia. The harassment and intimidation imposed by the Government had been affecting mainly teachers who were talented, dignified and respected citizens.

Mr Anteneh Getnet had won an award in January 2004 for being among the most effective teachers. He was dismissed during the second semester of the same academic year on grounds of being ineffective. The real reason behind his dismissal was that he had been found dispatching publications of the independent ETA to other teachers. In 2005, he was abducted by Government security agents, heavily beaten and left unconscious in a forest. He was only narrowly able to save his life from hyenas. In 2006, upon his refusal to spy on the ETA for the security authority, he was detained. During his detention at the Addis Ababa police station, he was subjected to torture leaving him with breathing difficulties. He had scars on both arms and had lost the sense of feeling in his right hand. In October 2007, he was released on bail, but involuntarily disappeared a few days later.

The high esteem held for another key member had caused concern with Government officials who feared that her popularity as a woman teacher could also reflect positively on her professional association, the former ETA, for which she had been acting as a member of the National Educational Board. Government officials had repeatedly tried to recruit her for the ruling party and advised her to give up her activities in the independent ETA. She had persistently refused to accept either of these requests and now faced difficulties. For no reason, 36 days of her salary had been retained in 2005. Since then, she had been summoned to the police station at least once in every two weeks and had been under constant surveillance by Government security agents.

Mr Meqcha Mengitsu and Mr Ayalew Tilahun were both officers of the former ETA and prominent activists in promoting the EFAIDS programme. They were tortured during detention, causing the bleeding of Mr Mengitsu's ear and resulting in hearing problems. The torture caused Mr Tilahun's leg to be fractured. The purpose of this mistreatment was to force Mr Mengitsu and Mr Tilahun to admit that the ETA promoted a political agenda and was a sponsor of terrorist activities.

For the last 16 years, Ethiopian teachers and their association, the ETA, which was founded in 1949, had been constantly subject to harassment and interference. The assassination of Assefa Maru, Deputy-General of the ETA, in May 1997 remained one of the most deplorable experiences of the ETA. When teachers were harassed and disappointed, it was the teaching and learning process that deteriorated. When teacher colleagues were detained and dismissed from their jobs, their whole family was subject to starvation or death, which was tantamount to collective punishment. In addition to using direct force, gross violations of human and trade union rights had been committed by perverting the rule of law and the right to due process.

Following the politically motivated court ruling in June 2008, former ETA members had regrouped and formed the NTA. Despite fulfilling the requirements of the Ministry of Justice, the application had been rejected three times. The first rejection had been justified on the ground that "NTA" was too similar with the initial name "ETA". The second rejection was yet again based on the name and the fact that no letter of support from the former ETA had been provided. The refusal of the third request for registration was due to the Ministry of Education's refusal, as the employer of teachers, to write a letter of support. Petitions to all relevant institutions in Ethiopia did not lead to a solution. This refusal to register the NTA with the Ministry of Justice reflected a continued bias against the former ETA.

A law suit filed against the Ministry of Justice for rejecting the application of registration without any valid reason had been dismissed by the Federal Court of First Instance. The court held that the Ministry of Justice should not be sued, as a State Agency responsible for the registration of Charities and Civil Organizations was being formed and which had to be the addressee of such a law suit. As this agency had not yet been established, a reference to it had to be seen as a delay tactic aimed at discouraging teachers to form associations for the defence of their rights.

For the last 16 years, the Ethiopian authorities had used all possible means to deprive teachers of their right of freedom of association. Despite the intimidations and the impossibility to carry out legitimate union activities, thousands of teachers still believed in having an independent association to defend their right to social justice. Being a committed trade unionist and active member of EI, he and his colleagues wanted to be an independent voice for the teachers in Ethiopia.

The Worker member of the United Kingdom stated that the Committee of Experts had set out in detail the series of legal provisions and administrative requirements by which the Government restricted the trade union rights of public servants and other groups of employees. Despite the criticisms against the Government over many years, those restrictions were still in place, denying many workers the right to form organizations without obstruction, and preventing them from carrying on their legitimate trade union activities.

This Committee had heard today what this had meant in human terms - intimidation, harassment, mistreatment, torture and deadly penalties - for teachers in Ethiopia seeking to defend their rights. This was truly humbling for those who were free to participate in union activities without fear.

This State harassment was backed up by a web of legal and administrative requirements which had been developed, constantly placing new obstacles in the way of the teachers' association every time it changed path to try to find a way through to free and unrestricted activities. The ETA was forced by court order to give up its name, property and check off arrangements to a government-backed organization. In order to be admitted for registration, the ETA had to re-establish itself under a new name - National Teachers' Association (NTA). As a matter of administrative proclamation, the Ethiopian teachers' organization had to be officially registered with the Government authorities before permitted to operate legally. This requirement was in itself a breach of the Government's obligations under Convention No. 87. In addition, before acceptance of the registration by the Ministry of Justice, it was required that the employer accepted and agreed to the registration leading to the referral of the registration request from the Ministry of Justice to the Ministry of Education, which was asked to provide an opinion.

Her own organization, the UK National Union of Teachers, was so concerned by the plight of teachers in Ethiopia and the inability of the NTA to be recognized by the Government, that the General Secretary of the UK National Union of Teachers had raised the matter with the UK Government. The UK Government received an assurance from the Ethiopian Prime Minister that the Ethiopian Government would, of course, recognize and register a new teachers' organization. However, despite that assurance and the report of the Committee of Experts after a direct contacts mission last year, the Government decided to increase the obstructions to freedom of association instead of removing them; since the Committee of Experts' report, the authorities had refused registration to the independent teachers association, leaving it unable to operate lawfully. Instead of meeting its obligations under Convention No. 87, the Government maintained its programme of excluding the union from its proper role in Ethiopian civil society and continued to claim that no barriers to the recognition of the NTA existed. By a series of bureaucratic and legal manoeuvres, some 120,000 Ethiopian teachers had thus been prevented from exercising their right to organize within an independent trade union. This move was also aimed to discourage all public servants from striving to form and join independent workers' organizations.

Recalling that the horrors of arrest, detention and torture as had been described by Mr Gomoraw Kassa continued, she stated that the Government was one of the governments which sought to disguise their intimidation and brutality under the pretext of combating subversion. Although the teachers had sought legal registration, gone to the courts to defend the name and legitimacy of their organization, and sought protection of Ethiopian law, and thus had fulfilled every requirement imposed, the Government now claimed that these teachers were subversive elements seeking to undermine the Government.

This was, however, not a new case for the Committee. The Committee of Experts urged the Government to conduct a full and independent inquiry, without delay, into the allegations of mistreatment and torture. The Committee of Experts urged the Government to conduct a full and independent judicial inquiry to prevent the risk of de facto impunity. No such inquiry had been conducted or planned. It was critical that the restrictions on freedom of association were removed as a matter of urgency and that the harassment and persecution of trade unionists was ended.

She believed that it was necessary to set up a time-bound programme of action to ensure that the NTA would be able to exercise its legitimate right to organize and defend its occupational interests. She had no confidence that either any progress would be made without determined and detailed requirement for action being set by this Committee, or that teacher trade unionists would be safe in exercising their rights under the ILO Conventions until this was accomplished.

Another Worker member of Ethiopia stated that the NTA was not covered by the labour law. The NTA was not registered pursuant to the normal procedures, and it was not a member of his organization, the Confederation of Ethiopian Trade Unions (CETU). The CETU therefore did not have sufficient information regarding the NTA. The ITUC Africa had recently informed the CETU of the refusal by the authorities to register the NTA. He expressed his support for the registration of the NTA in accordance with the legal requirements and requested the Government to consider doing so. In accordance with the Committee of Experts' comments, he further requested the Government to amend the proclamation concerning the public service so as to grant civil servants freedom of association rights.

The Worker member of Botswana stated that history demonstrated that trade unions were an indispensable element of the democratization process and of development of the civil society. To undertake this responsibility, it was not enough to exist nominally; unions needed to serve as platforms on which members could exercise their human and freedom of association rights. Only through the engagement of actors such as trade unions, peace, social justice and sustainable development could be achieved.

He congratulated Education International (EI) on its efforts to recognize the NTA, and recalled that Ethiopian teachers had consistently voiced their severe problems to the Ethiopian people and the Government through publications and demonstrations in various parts of the country. Ethiopian teachers strongly believed that their age-long and burdensome problems would be given proper consideration and solutions. Furthermore, teachers' unions promoted the social status of the teaching profession and dealt with such important issues as access to and the quality of education, as well as the development of the nation. Given this important role, it was unacceptable to deny teachers their freedom of association rights. He thanked the speakers who had voiced support for the NTA and expressed his own support for the NTA observer, who, notwithstanding the Government representative's statement regarding his organization's legitimacy, possessed the right to address the Committee on this important issue. In concluding, he suggested that the Committee's conclusions be included in a special paragraph to properly reflect the seriousness of the matter at hand.

The Government representative of Ethiopia thanked the speakers for their contributions to the discussion. He stated once again that the speaker representing Educational International (EI) lacked standing to appear before the Committee, and the fact that the Government was present in the room while the speaker representing EI had the floor should not be construed as an acknowledgement, on the part of the Government, of the legitimacy of the speaker's group.

As concerns the suggestion that the Government established an independent inquiry into certain allegations linked to CFA Case No. 2516, he stated that all such allegations were fully investigated by constitutional bodies. Such inquiries were carried out either by the judicial authorities or the Ethiopian Human Rights Commission, or by a mechanism approved by the legislature. Although it was unlikely that cases already resolved by the judicial authorities would be subjected to an independent inquiry, he stated that the matter would be brought to the relevant authorities for their consideration. He reiterated that the long court litigation between the former Executive Committee of the ETA and the latter's newly formed leadership had been settled by the nation's Supreme Court. He deeply regretted that, in spite of this fact, new allegations concerning Case No. 2516 continued to be introduced. These allegations were one-sided, were often of a sensational nature and they did not accurately reflect the situation. Other allegations concerned a criminal case involving 55 defendants, including several with connections to the ETA such as Meqcha Mengistu and Wibit Ligamo. The charges against those individuals were brought in accordance with the Criminal Code, for acts aimed at harming public interests by joining an illegal organization that intended to commit outrage against the Constitution and overthrow the constitutional order by force. Regarding the insinuations in the allegations, the charges had nothing to do with the defendants' membership in, or any other connection to, the ETA. As for the status of the court proceedings, the Second Criminal Bench of the Federal High Court had decided the case on 8 May 2009 - the complete English language translation of the judgement would be submitted to the Committee on Freedom of Association as soon as possible. With respect to the allegations concerning the refusal to register the NTA, he stated that the latter's registration was denied because its name was almost identical to that of the ETA; the law on the registration of associations provided, as one of the grounds for refusal to register, the similarity of the name of the group seeking registration with another association already in existence. NTA representatives had filed a civil action against the Ministry of Justice for failing to register them. However, the Federal Court of First Instance dismissed the case in a decision of 29 April 2009, reasoning that the Ministry of Justice was not the proper defendant, but rather the Charities and Societies Agency. The complete English language translation of that decision of the Court would also be submitted to the Committee on Freedom of Association. He added that the NTA representatives had also submitted this complaint to the Ombudsperson, and urged that the judicial and quasi-judicial processes in the country should be allowed to run their course before making any assessment on the merits of these issues.

With respect to Ms Elfinesh Demissie, who was allegedly fined 36 days' salary by her headmaster, he maintained that, on the contrary, she was found to have failed to observe her professional obligations by absenting herself from her post for 36 days. In respect of Mr Anteneh Getnet Ayalew, he had been charged with committing a serious crime in April 2008, but had escaped arrest. As concerned Ms Wibit Ligamo, he explained that she was released on 29 October 2007 and had been humanely treated while in detention.

With regard to the right to organize of civil servants, he stated that the Constitution guaranteed the right to organize for any lawful purpose or cause; this applied to all persons, without distinction whatsoever. Government employees were therefore able to form associations. However, the Government was not yet able to introduce a separate legal framework for such rights at this stage. Such a framework would be established after careful consideration of its consequences; the matter remained under examination. He added that the Government had not received a proper hearing, given the numerous allegations levelled against it. He recalled that Ethiopia had been a member of the ILO since 1923, was a party to several fundamental Conventions, and had endeavoured to ensure that its obligations under these, and other instruments, were fulfilled. Furthermore, the Constitution and other national laws not only guaranteed freedom of association, but collectively established a legal framework that enabled citizens to exercise those rights effectively. Ethiopia possessed a vibrant labour relations climate, and the ETA was just one of many associations that operated freely within the country. It was therefore regrettable that the Government had been made to endure the many allegations in relation to the ETA. He concluded by stating that, in spite of the challenges posed by its relations with some actors within the ILO, his Government would continue to fully collaborate with the ILO supervisory system.

The Employer members recalled the seriousness and repeated nature of these cases and the failure to resolve them. They did not understand why the investigation had not achieved any results and why it had taken so long to register the new trade union organization. A number of conversations with the Ombudsperson or Public Defender had been mentioned but these did not constitute solid arguments to justify such a delay. They urged the Government to address this particularly serious situation which violated the fundamental elements of freedom of association. The Government had to immediately meet its obligations with this fundamental Convention and demonstrate a serious level of commitment to this Committee.

The Worker members recalled that the Conference Committee had had to examine this case for the tenth time in 22 years and asked that the Government be clearly called upon to adjust their national legislation and practices to the requirements of Convention No. 87 and provide a clear road map for this. They asked the Government to prepare for the next session of the Committee of Experts a detailed report on the measures taken to ensure that teachers could freely and independently, without governmental interference and without risking becoming victims of repression, exercise their trade union rights. In particular, they asked for the registration of the NTA without delay. The establishment of this new governmental agency was not to serve as a pretext to delay this registration and the authorities could not demand the NTA to follow a new registration procedure.

In this respect, the Worker members drew the Committee's attention to Case No. 2516 filed with the Committee on Freedom of Association by the ETA, together with two international confederations of trade unions which had in the meantime merged with the newly established ITUC. In its recommendations, the CFA had asked that the ETA be registered without delay, that trade union rights be extended to include civil servants and especially teachers, that an independent inquiry on the allegations of torture and mistreatment and the prosecution of culprits be launched, that victims were awarded compensation, and that an independent and in-depth inquiry into the allegations of harassment against leaders and activists of the ETA be undertaken. Two persons were still detained and the Worker members demanded their immediate release.

The Worker members fully endorsed the Committee of Experts' comments on the 2003 Labour Proclamation directed towards the extension of the field of application of this Proclamation to currently excluded categories, the removal of public transport from the list of essential services, the modification of the rules governing the possibility of recourse to arbitration, the easing of the conditions to be met to start a strike, the modifications of provisions limiting the right to freely organize trade union activities and the protection of trade union rights of judges, prosecutors and employees of public administration. The Government was asked to submit for the next session of the Committee of Experts a report on the measures taken regarding all these items.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed. It further noted the direct contacts mission that had visited the country in October 2008.

The Committee observed that for many years the Committee of Experts had been making comments concerning serious violations of the right of workers, without distinction whatsoever, to establish organizations of their own choosing and the right of trade union organizations to organize their activities without interference by the public authorities. The Committee of Experts had expressed its deep regret that the registration of the National Teachers' Association (NTA), a newly formed teachers' organization, was still pending, as was the revision of the Civil Servant and Labour Proclamations.

The Committee took note of the statement made by the Government representative in which it expressed its disappointment that the Committee had not allowed it sufficient time to continue its dialogue and consideration of the recommendations of the direct contacts mission. He recalled the background to the case concerning the Ethiopian Teachers' Association (ETA), which had concluded with the final decision rendered by the Federal Supreme Court. The Government representative had added that workers in Ethiopia could form their associations based on applicable national laws and that the Government had not and did not interfere in the internal activities of the ETA. The Federal First Instance Court had dismissed the case brought by the NTA against the decision to deny it registration because the case had been brought against the wrong agency. The Government representative had stated that his Government would continue its active consideration of the review of the Civil Servant Proclamation and had indicated that it would provide detailed information relating to the various allegations to the Committee on Freedom of Association.

Recalling that the matters raised in this case concerned repeated and grave violations of the Convention, the Committee urged the Government to take all necessary measures to ensure the registration of the National Teachers' Association without delay so that teachers were able to fully exercise their right to form organizations for furthering and defending their occupational interests. The Committee further expressed its deep concern at the important and continuing allegations of grave violations of basic civil liberties for which detailed information had yet to be forthcoming from the Government. The Committee strongly urged the Government to guarantee that these workers could exercise their trade union rights in full security and expected that it would carry out full and independent investigations without delay and provide a detailed report to the supervisory bodies on the outcome. Observing with concern the allegations relating to the continued detention of Wubit Legamo and Megcha Mengitsu, the Committee urged the Government to ensure the immediate release of any workers or teachers being detained for their trade union activity.

Further recalling with concern that for several years the Government had been referring to a legislative review process, the Committee urged it to rapidly adopt the necessary amendments to the Labour Proclamation in order to bring it fully into line with the provisions of the Convention. It further strongly urged the Government to amend without delay the Civil Servant Proclamation so as to guarantee the right of civil servants, including teachers, to form unions and the free functioning of their organizations, including the right to affiliate at the national, regional and international levels.

The Committee expected that the Government would furnish in its report due this year detailed information on the concrete measures adopted to ensure the full conformity of national law and practice with the Convention, including an indication of the registration of the NTA and a clear timetable on the steps to be taken so as to demonstrate the Government's full commitment to resolving these long-standing matters without delay.

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative welcomed the opportunity to engage with the Committee in a spirit of constructive dialogue and tripartism. He assured the Committee and the social partners of his Government's full cooperation and wished to present some of the measures taken to ensure the fullest implementation of Convention No. 87.

He recalled that Ethiopia was one of the oldest African members of the ILO and was party to all the fundamental Conventions. The Government had always understood and shown unwavering commitment to the premise that ratification was only the first aspect of a state's obligation in implementing ILO norms and standards. All the ILO Conventions that had been adopted by Ethiopia were therefore an integral part of the Ethiopian legal system, in accordance with articles 9 and 13 of the Ethiopian Constitution. The Constitution also contained a panoply of entitlements, most of which had a direct bearing on workers' rights.

In responding to the allegation that Ethiopian law limited the right to organize of certain categories of workers, he quoted article 42, paragraph 1, of the Constitution, which covered a wide variety of workers who enjoyed the right to form associations to improve their conditions of employment and economic well-being. The Government had also taken additional measures to ensure the compatibility of legislation promulgated before the adoption of the Constitution in 1996 with constitutional norms. One such law was Labour Proclamation No. 42, adopted in 1993. The Government had also taken specific steps to ensure the compatibility of such proclamations with the Constitution, thereby ensuring that the right to organize was protected both in law and in practice. Thus, Labour Proclamation No. 42 had been amended in 2003, and a new Labour Proclamation No. 377, had been adopted in an attempt to fill the gaps left by the previous proclamation.

He recalled that the Conference Committee had recommended that, during Ethiopia's reform process, a specific national legislative regime be designed in order to allow the diversification of trade unions in an enterprise. The current system was thus responsive and responsible. In that same spirit, the Government was continuing its reform efforts to ensure the compatibility of legislation with the Constitution and with the State's international obligations. The Federal Civil Service Agency had continued to review federal legislation with view to providing further and additional guarantees to the categories of workers mentioned in the Committee of Experts' observations.

He then supplied information relating to allegations concerning the Ethiopian Teachers' Association (ETA), particularly those regarding the detention of some of its members, the alleged closure of its office and the alleged confiscation of the association's property and documents. He said that there were currently two Ethiopian teacher associations in the country. Both claimed to be the legitimate successor of the old ETA that had existed since 1949. The existence of multiple professional associations in one sector should have been a normal state of affairs, but it had become an intensely contested legal matter because the two associations were claiming the same legal identity, membership and facilities. He said that the allegations that the Government was supporting one ETA over the other, detaining members of the other association and confiscating its property were utterly false and unfounded.

He recalled that several cases had been brought to the attention of the Committee while the self-styled communist junta had been in power. Although it had created the Worker's Party of Ethiopia in 1987, that Government had also effectively dissolved en masse professional associations, including the ETA. It had disbanded the Confederation of Ethiopian Labour Unions and replaced it with the All Ethiopian Trade Union (AETU), which was effectively under its control. It had closed down the ETA's offices in 1975 and officially confiscated its property in 1979.

When the military junta had been overthrown in 1993, teachers countrywide had attempted to create an institution that would represent them rather than be an ideological tool of the State. To that end, they had established a national coordination team, the members of which were elected from all over the country. The new ETA had officially been launched in 1994. It had been given a certificate of registration to be renewed annually following presentation of its financial and activity report. This association currently had tens of thousands of members from all over the country, who contributed membership dues. The allegation that the Government had illegally transferred ETA union funds was simply baseless.

Following the establishment of the ETA, a group, led by a former member of the military government, Dr Taye Woldesemayat, had tried to resurrect the old ETA, disrupt the already established association and impose their will on others. They had set up their own office, which was still running at present, despite allegations that the Government had closed it down. The group had assumed the name ETA, continued to organize meetings, and had corresponded with international organizations in the name of ETA. However, not once had the group sought to be recognized by the Government authorities entrusted with registering associations.

Given the situation, the recognized ETA had sought a court ruling on the matter. On 27 November 2006, the Federal Supreme Court, while ruling on procedural issues, had ordered the High Court to decide on the merits of the case. The Committee on Freedom of Association was being provided with that communication, even though the Government was not even a party to the case in question. Nevertheless, he requested the Conference Committee to play a constructive role in helping the judicial process to run its course.

Regarding the allegation of arrests of ETA members, including the Chairperson of ETA's Addis Ababa office, Mr Kassahun Kebede, the Government acknowledged that some members of the ETA had indeed been arrested owing to their alleged direct involvement in violence that had occurred following the May 2005 elections in Ethiopia. The Independent Inquiry Commission had established that schools were the primary targets of the violence that had claimed the lives of 193 innocent civilians and dozens of law enforcement officers. Nevertheless, the Government vehemently rejected the allegation that the arrests were related to the exercise by teachers of their right to organize and associate. The individuals, including Mr Kassahun Kebede, had been arrested because they had allegedly violated provisions of the Federal Criminal Code through their direct involvement in violence that had led to the destruction of innocent life and public property, and severely endangered national security.

The detention and trial processes had scrupulously followed constitutional provisions and international standards. Family members, medical personnel, religious personnel, NGO members, members of the national Human Rights Commission and lawyers had all had access to the teachers. Furthermore, the detainees had been visited by international human rights institutions and personalities, including the High Commissioner for Human Rights. Thus, the allegation that the detainees, including the few teachers, had been prevented from meeting their lawyers was clearly untrue.

The trial process had also met accepted international human rights standards, and was being observed by international legal observers, including the European Union and Amnesty International. The High Court, which was considering the matter, had started to hand down rulings. For example, following consideration of the extensive evidence presented by the Federal Prosecutor, the High Court had ruled on 10 April 2007 that the individuals concerned, including Mr Kassahun Kebede, had no case to answer. The Government was happy to provide the Committee with the documents pertaining to that judgment. There were currently no teachers in custody.

The Government had already sent a note verbal to the ILO on 23 May 2007, stating that a thorough investigation into the allegations would be required to enable it to respond. Although the Government believed that most of the charges were baseless and inaccurate, it assured the Committee that it would leave no stone unturned in its investigation of the matter and would respond as promptly as possible.

The Employer members recalled that the case of the application of Convention No. 87 by Ethiopia had been examined by the Committee on nine occasions since 1987, the last of which was in 2003.

The lack of conformity with the Convention arose partly from certain provisions which prevented the free exercise of the right to organize by certain categories of workers. The exceptions envisaged in the Convention only covered members of the police and the armed forces, and did not therefore apply to teaching personnel in the public or private sectors, nor to public officials. They recalled that the Labour Proclamation of 1993 excluded teachers from its scope of application and allowed for the possibility of the administrative dissolution of trade unions or prior authorization for their establishment. For this reason, in 2003 the Government had been urged to bring the provisions of the Proclamation into conformity with the Convention. ILO technical assistance had been offered and the Government had been urged to guarantee the exercise of the right to organize by teachers and public officials. The Proclamation had been amended in 2003, removing the exclusion of teachers, but only in the private sector. In practice, the exclusion continued to cover teachers in the public sector and other categories of public officials. Furthermore, although the amendments had removed the requirement for direct authorization and the possibility of the administrative dissolution of workers' organizations, the power had been retained to cancel the registration certificate of organizations that were prohibited under the Labour Proclamation. In practice, this possibility could amount to a new restriction that was contrary to Convention No. 87.

The Committee of Experts had also raised the practical issue of unlawful interference in the activities of teachers, and particularly the detention of the Chair of the ETA in November 2005, the closure of trade union offices, the confiscation of documents, the freezing of assets, the arrest of teachers and detention of other teachers and other persons, and the emergence of a new trade union organization with the same name.

The Government indicated that it had responded adequately to these allegations and that the detention of the trade union leader was related to his political rather than his trade union activities. If these events were based exclusively on the legitimate exercise of trade union activities or membership of an organization considered to be unlawful because it did not lie within the scope permitted by the Labour Proclamations of 1993 or 2003, that would constitute another violation of the Convention. It was necessary for the Government to provide detailed information on these matters and on the membership and conditions relating to the establishment of the new trade union organization in the teaching sector so that they could be verified.

The Employer members considered that, despite certain progress in terms of the legislation, there was too much evidence of repeated failure to comply with the Convention, particularly in practice. They wondered whether the Government was in a position to provide detailed information on the measures adopted to achieve fuller compliance with the Convention in practice and on the acts of interference to which reference had been made.

The Worker members recalled that between 1998 and 2003 the Committee had examined the case of Ethiopia at each of its sessions. It was the time to verify whether progress had been achieved since then. The statement by the Government representative led to the belief that the situation had improved considerably, which the Worker members had also believed until very recently. Last week, however, trade unionists had been arrested once again. The Government was engaging in doublespeak. On the one hand, the Government representative spoke of the commitment to engage in dialogue with the trade unions while, on the other, the intimidation and detention of trade union members continued.

Regarding the restriction of the right to organize of teachers, they indicated that teachers in the private sector had the right to form unions and to bargain collectively. The right of association of teachers in the public sector was considerably limited. According to the Government, teachers employed in the public sector also enjoyed the right to form professional associations. In a communication sent to the ILO on 1 June 2006, the Government had indicated that the Civil Agency was studying the manner in which public officials could form unions. It would be interesting to obtain information concerning this study.

According to the Government, there existed two professional associations of teachers in the public sector. In its observation, the Committee of Experts referred to the ETA and the Confederation of Ethiopian Trade Unions (CETU). However, the Worker members believed that the Committee of Experts had confused the two organizations. The CETU was the national centre to which the organizations of teachers could not affiliate because teachers in the public sector did not have the right to organize.

The two associations mentioned by the Government had the same title, namely the ETA. In 1993, the procedure for the registration of civil society organizations had been modified and the ETA had had to renew its registration with the Ministry of Justice. It had then been found that another organization bore the same name. The new organization had initiated judicial proceedings to claim the ownership of the buildings and the financial assets of the original organization. The case was still before the court. The Supreme Court of Ethiopia had however rejected the explanation of the Ministry of Justice that the original ETA had been dissolved, as the general assembly of the original ETA had never dissolved the organization. Under Article 4 of Convention No. 87, employers' and workers' organizations shall not be liable to be dissolved or suspended by administrative authority. Unfortunately, the ruling of the Supreme Court of Ethiopia had never been executed. The buildings of the ETA were currently under seal and its assets frozen. In addition, union dues of the members of the original ETA had been redirected to the new organization.

The ETA had been subject to permanent interference from the Government. Meetings had been interrupted by the armed forces; activities for World Teachers' Day had not been able to take place in 2003, 2004 and 2005; and documents and electronic equipment had been confiscated. The organization was therefore no longer able to carry out its activities and defend the interests of teachers. The Government claimed that only one ETA organization existed and would no longer engage in dialogue with the members of the original organization. Since April 2003, several members of the original ETA had been dismissed, transferred, detained or maltreated. Others had received threats aimed at making them cut their contacts with the original ETA. The Chairperson of the Addis Ababa branch of ETA had been detained for 17 months and had been released in March 2007. In December 2006, three trade union leaders had been arrested and, on the day of their trial, it was obvious that they had been subjected to ill-treatment. They had been released in April 2007 but, just before the beginning of the Conference, the Worker members had been informed that the three leaders of the original ETA had been arrested once again.

With regard to the situation of journalists and freedom of the press in Ethiopia, it had to be emphasized that freedom of association was no longer possible for Ethiopian journalists. The leaders of their associations had to go into hiding or exile, for example in Kenya. In a report dated 2 May 2007 on the protection of journalists, Ethiopia was cited as the country in which freedom of the press had deteriorated the most during the past five years.

The Worker members said that it was clear that the Government was trying to control all civil society organizations, in particular by imposing leaders on those organizations.

An observer representing Education International emphasized that the application of the 1948 Declaration of Human Rights and ILO Convention No. 87 was intrinsic to any self-respecting government of any nation, but particularly a developing nation that described itself as being in the process of democratization, a country with high levels of poverty, in which there were 15 million of the world's 120 million children who did not go to school, and which was the origin of one of the oldest civilizations. Instead, the reality was unremitting harassment and intimidation, including being warned to stay away from the ETA, being followed, having identification documents confiscated, arbitrary arrest and even torture.

The ETA was a most reliable, well-organized and representative teachers' organization. It was a professional association under current legislation, functioned according to trade union principles and was independent and democratic. Despite having its General Assembly in August 2006 closed down by security forces and all its records of members confiscated, the ETA had nevertheless managed to complete the selection of a new executive board and therefore maintained its mandate from members. The organization had a constitution and a code of conduct that stipulated no engagement in partisan politics by any member or in the name of the organization. The ETA had been founded in 1949 and registered with the Ministry of the Interior in 1968. It was to be noted that the registering body changed to the Ministry of Justice in 1993. Since that time, there has been continued litigation, with offices remaining closed, bank accounts frozen and dues forcibly channelled to the other ETA, which had been formed in 1993. The rulings of the Supreme Court in that regard had never been implemented.

The ETA continued to function despite the adverse conditions and to engage in Education International programmes. It sought to function independently of the Government as an autonomous and democratic trade union that could use its resources, energies and skills to further human and therefore social and economic development for Ethiopian society, through education.

For many years, the ETA and Education International had sought opportunities to engage in dialogue with the Government and had recently thought that they were making progress. At the same time, however, the organizations had protested in the strongest terms about human and trade union rights abuses. Those approaches were not contradictory. She went on to draw attention to the arrest of teachers and ETA officials and the Government's obstruction of a subregional conference on professional ethics that Educational International had sought to hold in Addis Ababa in April 2007. However, the Government had refused to allow the conference to take place without a prior meeting to address the mistrust between itself and Education International. The Government used fear and intimidation, and wanted to impose its agenda, not only on the ETA, but also on Education International. The ETA and Educational International were willing to work with the Government, but not at the cost of human and trade union rights, including freedom of association and the right to organize.

She concluded by calling for the following: the release of three jailed teachers and one that had disappeared; the cessation of arbitrary arrest, torture and harassment; and correct use of the justice system. She also called for implementation of Conventions Nos 87 and 98 and for the ETA to be allowed to exist and function as a teachers' trade union. Education International believed that teachers were being targeted because they were members of the ETA and that they were being denied the right to organize. She firmly rejected the claim that the ETA was composed of members of the previous military junta.

The Worker member of Botswana commended the work of Education International. He said that teacher members of the ETA had been dismissed, involuntarily transferred and arbitrarily detained and he enumerated several events that had taken place between 2002 and the present day in which hundreds of ETA members had been harassed, dismissed, tortured and jailed. Detained teachers were sometimes imprisoned in jails far away from where their families were living. While in detention, the teachers were not paid, although their families were dependent on their income. It was also unusual for arrested teachers to be reinstated after their release.

Prominent ETA activists and elected officers were also harassed, intimidated, arrested and even tortured. Citing the examples of three ETA officers, Tilahun Ayalew, Anteneh Getenet and Meqcha Mengistu, he explained that no arrest warrant had been produced in the early days of their detention; they had been refused access to a lawyer and to medical assistance; and they had been detained incommunicado. Another such case was that of the Chairperson of the ETA Addis Ababa branch, Kassahun Kebede, who had spent 17 months in prison on charges of misusing the association outside its objectives and inciting violence. The Government was also stubbornly refusing to admit that 11 people had been killed, including the Deputy General Secretary of the ETA, Assefa Maru, who had been shot dead on his way to the union's premises in 1997. No investigation had ever been carried out into the circumstances of his murder.

He added that this long list of examples proved that teachers were systematically discouraged from becoming affiliated to the ETA. Nevertheless, the ETA wished to engage in dialogue with the Government of Ethiopia because it sought to contribute to improving education in the country. He said that the Workers' group hoped that the Government of Ethiopia would open up avenues for dialogue on education policy matters or for consultations and negotiations with the ETA, which had been created in 1949.

The Worker member of Swaziland recalled that Ethiopia had ratified Convention No. 87 more than four decades previously and had therefore had ample time to incorporate its provisions into domestic legislation and to apply them in spirit, law and practice. In becoming a Member of the ILO, a government chose to accept the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principle of freedom of association.

He said that the Ethiopian Government had arbitrarily: occupied ETA offices; searched and confiscated ETA documents and electronic equipment; frozen the ETA's financial assets; detained and arrested ETA leaders and members; redirected ETA dues to another union; and attempted to dissolve the original ETA. All such acts were gross violations of Convention No. 87. Public servants and teachers were being denied the right to form professional associations and were not accorded the rights enshrined in the Convention. And yet, it was a fundamental principle of the ILO that the right to adequate protection of trade union property was a civil liberty that was essential for the normal exercise of trade union rights. Furthermore, the Committee on Freedom of Association had emphasized that the arrest and detention of trade unionists, even for reasons of internal security, could constitute a serious interference with trade union rights unless accompanied by appropriate judicial safeguards.

A thematic response was still awaited from the Ethiopian Government on the questions raised by the Committee of Experts. He therefore called on the Conference Committee to implore the Government to: unconditionally release those it was holding or charge and prosecute them without delay; return all ETA assets; cease occupation of ETA offices and return its documents and electronic equipment; with the utmost urgency, put in place a labour law allowing public servants to exercise fully the rights enshrined in Convention No. 87; stop redirecting dues and return all unlawfully redirected dues; and obtain from the Office any technical assistance that it might require.

The Government representative thanked all those who had contributed to the important debate, which was vital for the future that his Government wished to create in Ethiopia. Ensuring the fullest implementation of ILO standards was crucial for the entrenchment of good governance and the protection of human rights. That was the understanding that underpinned his Government's close relationship with the ILO and its supervisory mechanisms.

He said that a lot had happened since the publication of the report by the Committee of Experts and reiterated that his Government had supplied the Committee on Freedom of Association and the ILO with all the information at its disposal. In a letter to the Office dated 23 May 2007, it had even requested additional time for further investigation of the many allegations contained in the original communication. The Government had notified the Office of the release of all the arrested teachers following the ruling by the Federal High Court. It had also provided a copy of the letter, written by the Secretary-General of Education International to the Ethiopian Prime Minister, H.E. Meles Zenawi, expressing satisfaction at the release of the teachers and their rapid reinstatement in their posts. The Government believed that the gestures that it had made and the various measures it had taken merited endorsement by the Committee along with a decision not to take the matter further.

Even though the issues raised regarding the application of general human rights in Ethiopia drew his greatest sympathy, he strongly contested their relevance to the present forum and its clearly defined mandate. He said that the Ethiopian Government was led by people who had given their lives to the fight against the worst dictatorship in Africa. The Government was leading a country heavily burdened with, inter alia, poverty, tough neighbourhoods and a lack of capacity. Nevertheless, the country was trying to rise from the ashes. Its economy was growing at an annual average of 9 per cent which, if it continued for the next five years, would help Ethiopia meet its critical Millennium Development Goals earlier than the target of 2015. About 90 per cent of primary-school age children attended schools, whereas only a decade ago that figure had only been 40 per cent. The Government was investing heavily to improve the education sector and the conditions of teachers.

Ethiopia had also made strides in other aspects of human rights. There were now over 100 opposition members in its Parliament, whereas five years ago there had only been 12. Over 30 per cent of the ruling party's members of Parliament were women. There was an active National Human Rights Commission, an Office of the Ombudsman and an Anti-Corruption Commission. He admitted, however, that many challenges remained and stressed that the Government was open and would be transparent in addressing those problems together with partners.

Returning to the issue of the ETA, he said that it was not true that the Government had closed the ETA's office - both associations of that name still had an office. He expressed regret at the intervention by the representative of Education International, noting that the organization's Secretary-General clearly spoke one language and his representative another.

The Employer members recalled that Convention No. 87 set out a right, freedom of association, which was applicable to all workers irrespective of whether they were in the public or the private sector. Although certain progress had been made with the 2003 amendment to the legislation, the lack of conformity between national legislation and the provisions of the Convention was a matter of concern. Even more relevant was the alleged persistence of action which could be considered interference in the exercise of trade union rights, or at least the lack of sufficient information to explain the reason and context in which such action had occurred. Finally, they urged the Government to adapt its legislation to the requirements of the Convention, to refrain from acts of interference in the free exercise of trade union activities and to provide detailed information to the Committee of Experts on these matters.

The Worker members said that they had listened to the statements by the members of the Committee and the response of the Government representative and they wished to make the following remarks. In Ethiopia, the right to organize of teachers in the public sector was limited. The Government should therefore provide information on the study which was to have been carried out on the establishment of professional associations of public officials. The Worker members reiterated their concerns with regard to the situation of the original ETA, and particularly the interference in its activities and the continued threats, arrests, detentions and violence against its leaders and members.

In view of the Worker members, the time had come for the Government to give up its doublespeak and to engage in true dialogue with workers' organizations. The members of the original ETA should be released immediately and the original organization should once again be allowed to defend the trade union rights of teachers without any interference. That implied that its property and assets should be returned. As the Government did not seem to recognize the current situation as described in the letter of the Secretary-General of Education International, the Worker members proposed that a direct contacts mission should be carried out in the country and hoped that the Government would accept such a mission.

The Government representative, in response to allegations that new arrests had occurred the previous week, said that he was unaware of the basis of such allegations. Those making the allegations had not provided any details about the events, such as the names of those concerned and the places of detention. He requested time to be able to consult his capital so as to be able to respond, and reiterated his Government's willingness to engage in dialogue with the ILO supervisory bodies.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee recalled that the comments of the Committee of Experts referred to comments emanating from international workers' organizations which alleged a number of serious violations of the Convention, in particular as regards the trade union rights of teachers and including limitations on their right to organize, creation of a government-controlled union, closing and occupation of offices and freezing of financial assets, sentencing and detention of union members. The Committee of Experts' comments also referred to legislation which still restricted the right to organize of public servants.

The Committee noted the information provided by the Government according to which the Federal High Court ruled in April 2007 that there was no case against Mr Kedebe, Chairperson of the ETA Addis Ababa Office, and others who had been brought before the court. According to the Government, following this decision, no teachers were presently being detained in Ethiopia.

While welcoming the news of acquittal and release of Mr Kedebe and his colleagues, the Committee expressed its deep concern over the new allegations made relating to recent arrests of trade unionists and continuing mistreatment, intimidation and interference. It called on the Government to look into these recent allegations and, if they prove to be true, to ensure the immediate release of any newly detained teachers.

The Committee expressed the firm hope that appropriate steps would be taken to ensure that teachers are fully guaranteed their right to organize and to carry out legitimate trade union activities both in law and in practice without government interference, and that they would no longer be subjected to detention or imprisonment for exercising their rights guaranteed under the Convention. Given that the Committee of Experts has been making comments concerning the non-application of the Convention over many years, and in light of the Government's expression of its desire to continue fully cooperating with the ILO, the Committee requested the Government to accept a direct contacts mission. It requested the Government to provide detailed information to the Committee of Experts on all steps taken in this regard in its report due in 2007 and expressed the firm hope that it would be in a position to note tangible progress in this regard next year.

Individual Case (CAS) - Discussion: 2003, Publication: 91st ILC session (2003)

The Government supplied the following information.

During the past three years, the Government and the social partners have jointly undertaken the review of the Labour Proclamation, with due attention given to the need to bring the law into conformity with the provisions of ratified ILO Conventions. The resulting amendments, including those pertaining to the case before the Committee of Experts, are now before the Council of Ministers, which is expected to present its recommendations to Parliament for enactment into law.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to join an organization of their own choosing

The draft amendment contains, in line with the Committee's recommendation, new provisions which allow union diversity in an undertaking, and which read as follows:

Sub-Articles (1) and (2) of Article 114 are hereby deleted and replaced by the following new sub-Articles (1) and (2), and the following new sub-Article 7 is added to this Article.

1. A trade union may be established in an undertaking where the number of workers is ten or more, but the number of workers in a trade union should not be less than ten.

2. Workers who work in undertakings which have less than ten workers may form a general trade union, provided, however, that the number of the members of the union shall not be less than ten.

...

7. Notwithstanding sub-Article 4 of this Article, any employer may join an established employers' federation.

2. Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants

The new law for state administration employees has already been issued and entered into force. The Constitution fully guarantees the right to freedom of association. Accordingly, teachers are free to form associations and promote their occupational interests and, of course, they are exercising such rights. Those teachers who are working in government institutions are governed by the Civil Servants Law, while those working in private undertakings are governed by the Labour Law.

There are also specific laws and regulations which govern the employment conditions of the judges and prosecutors. These include the Judicial Administration Commission Establishment Proclamation No. 24/1996 and the Federal Prosecutor Administration Council of Ministers Regulations No. 44/1998.

3. Article 4. Administrative dissolution of trade unions

With regard to this issue, the draft amendment would vest the power of cancellation in the courts, and therefore an administrative agency does not have the authority to dissolve trade unions. The amendment agreed by the Council of Ministers reads:

Article 120:

The Ministry may apply to the competent court to cancel the certificate of registration of an organization on any one of the following grounds (as contained in section 120(a)-(c)).

4. Articles 3 and 10. Right of workers' organizations to organize their programme of action without interference by public authorities

With regard to the ban on strikes, the draft amendment of the Labour Law has excluded most of the services mentioned by the Committee from the list of essential services, except very few which are considered as essential, taking into account the particular circumstances prevailing in the country. In Ethiopia such services are underdeveloped and no other alternatives exist from the private sector. Ethiopia's current limited resources and the underdeveloped infrastructure cannot afford interruptions of such services which would have a devastating impact on the economy and the well-being of the society. The amendment agreed by the Council of Ministers reads:

Sub-Article 2(a), (d), (f) and (h) of Article 136 are hereby deleted and Sub-Article 2(a), (d) and (h) are replaced by the following new sub-Article 2(a), (d) and (h), and sub-Article 5 is hereby deleted and replaced by the following new sub-Article 5.

a. air transport;

d. urban bus services and filling stations;

h. telecommunication services.

...

5. "Strike" means the slow down of work by any number of workers in reducing their normal output on their normal rate of work or the temporary cessation of work by any number of workers acting in concert in order to persuade their employer to accept certain labour conditions in connection with a labour dispute or to influence the outcome of the dispute.

Concerning labour disputes, the draft amendment of the Labour Law has included a proposal that labour disputes may be submitted to the Labour Relations Board for arbitration by either of the disputing parties, but the decision of the Board may not be binding. The proposed amendments read:

Article 153 is hereby deleted and replaced by the following new Article 153:

153 Decision of the Board

...

Decision of the Board may be appealable.

The following sub-Articles (1), (2) and (3) of Article 154 are hereby deleted and replaced by these new sub-Articles (1), (2) and (3).

1. In any labour dispute case an appeal may be taken to the Federal High Court by an aggrieved party on questions of law or fact, within thirty (30) days after the decision has been read to, or served upon, the parties whichever is earlier.

2. The court shall have the power to uphold, reverse or modify the decision of the Board.

3. The court shall give its decision within 30 days from the date on which the appeal is submitted to it in accordance with sub-Article 1 of this Article.

A Government representative (the Minister of Labour and Social Affairs) referred to the major achievements his country had recorded in implementing the principles and objectives of the ILO. To date, his country had ratified 19 ILO Conventions and with the ratification this year of Convention Nos. 29 and 182, it had ratified all the fundamental Conventions. In addition, his country was in the process of amending its labour legislation. This extensive amendment process was addressing the concerns of the Committee regarding trade union diversity, administrative dissolution of trade unions and the scope of the right to strike. He informed the Committee that the amendments to the Labour Proclamation were now before the Council of Ministers for adoption and submission to Parliament for enactment. He indicated that, in line with the Committee's recommendation, the text of the draft amendment of section 114(1)(2) permitted union diversity; section 120 completely prohibited administrative dissolution of trade unions; section 136(2)(a)(d)(h) limited the ban on strikes to only essential services rendered to the general public; the scope of the definition of "essential services" had been narrowed down to include only the most essential ones by excluding railways, banks, postal and inter-urban bus services from the list of essential services. In respect of labour dispute settlement mechanisms, the existing Labour Law stipulated that upon agreement of both parties such disputes could be settled as provided in sections 141 and 143 by conciliation or by arbitration respectively. Failing that, either party could take the case to the Labour Relations Board or the appropriate court. The decisions of the quasi-judicial Labour Relations Board would, according to the proposed amendments, become binding but subject to appeal to the Labour Division of the Federal High Court on both questions of fact and law.

He considered that, because of the progress made in the amendment process and the conviction shown by his Government in implementing ILO principles by ratifying fundamental Conventions, he expected encouragement and constructive recommendations from this Committee this year. He asked for understanding from the Committee for the delays in the adoption of the amendments, which were due to the complexity of the issues involved and various constraints confronting his Government. He assured the Committee of his Government's unreserved effort in implementing ILO principles. He also thanked the ILO for its assistance in the amendment process.

The Worker members recalled that this was another well-known case by the Committee that involved serious violations of trade union rights. They wished to recall the history of this case and the fact that due to the lack of cooperation by the Government in the past, the Committee had been compelled to take up this case in a special paragraph of the General Report. This case involved serious violations of Articles 2, 3, 4 and 10 of the Convention and the Committee of Experts had expressed deep regret about the lack of progress made. The Government had said more than once that legislation would be adopted soon or that it was in its final stages. However, after having heard the statement by the Government representative that Parliament would soon be able to adopt the draft legislation, the Worker members indicated that they would not insist on a special paragraph this year provided that the Government explicitly confirmed to this Committee that they were sure that this would actually be the case before the next session of the Committee. This did not mean, however, that they were satisfied that the draft legislation presented was already considered in line with the Convention. This would have to first be examined by the Committee of Experts and discussed by the Conference committee next year.

In addition, the Worker members highlighted two other points. First, it was regrettable that the Committee of Experts remained silent on the question of the practical application of the Convention, except for where it notes the release of Dr. Taye Woldesmiate. Nevertheless, the Workers wanted to respond to a firm commitment by the Government with a positive gesture. If they would find next year that the new legislation had, once again, not been adopted despite such a promise of the Government, they would then certainly propose to highlight this failure, once again in a special paragraph. There were many other problems of application in practice such as the lack of an independent inquiry into the death of other leaders of the Ethiopian Teachers' Association as well as other cases of alleged serious interferences by the Government in trade union activities at the enterprise level, like e.g. in the Belgel-bibe Hydro Electric Company and in the Ethopian Electric Light and Power Authority. In this regard, the Worker members indicated that the Worker member of Ethiopia would be ready to discuss many similar cases which had occurred in the recent past with the ILO in Ethiopia. Finally, there was the issue of the democratically elected trade union leaders in exile who wished to return to Ethiopia. The Government should, in cooperation with the ILO, design ways and means to make sure that these people could come home. After returning to Ethiopia, these people should be able to live a life without harassment and danger to their safety and with normal opportunities to make a living. The Worker members called upon the Committee of Experts to pay more attention to the application of the Convention in practice in their next report. The Worker members decided to give the Government the benefit of the doubt and would refrain from requesting a special paragraph if the Government was able to ensure that the legislative amendments would be adopted. They further requested that the Committee of Experts give its view on the new legislation when adopted and examine the practical application of the Convention. The Government should, in cooperation with the ILO, design ways and means to ensure the safe return of the trade union leaders in exile.

The Employer members stated that this case had often been the subject of Committee discussions and that promises of labour law amendments being close to adoption had been heard for more than nine years now. In reference to the points raised in the observation of the Committee of Experts, they questioned whether Articles 2 and 10 of the Convention also covered judges and state attorneys. The dissolution of trade unions should be by the authority of courts and not by the administration. As for the right to strike, the Employer members reiterated their view that Convention No. 87 did not cover this right. They noted positively the release of Dr. Taye Woldesmiate, but felt that the statement by the Government representative had not changed from last year. The Government was therefore requested to indicate when the draft legislation that was to bring the national legislation into line with the provisions of Convention No. 87 would be adopted. As long as the situation remained the same, they would need to repeat the conclusions of last year.

The Employer member of Ethiopia commended the constructive role played by the ILO in helping the process of amending the Labour Proclamation of Ethiopia. Ethiopian employers had truly wanted these amendments because they thought they would provide the legal basis for their organizational strength as well as creating an enabling environment for investment, productivity and development for the benefit of millions of Ethiopians who lived below the poverty line. In addition to the legislative amendment, his Federation had focused on capacity building of its members to enable them to take part in the economic and social transformation of the country. Along with the workers, employers had provided practical proposals for the amendment of the labour laws. The Government responded and acted on these amendments not only to the labour laws but also to other laws such as the investment and tax laws. Nonetheless they shared the Committee's concern about the slow speed of the amendment process. He hoped that these would be adopted soon as indicated by the Minister, and that they would be the means of addressing the country's poverty. He noted a marked improvement in the attitude of the Government to recognize and work with the social partners in this great task of feeding the country. He considered that the Government needed to get some positive feedback from this Committee in its difficult efforts of transforming a centrally controlled system. He indicated that there was a need for continued ILO technical assistance to enable the Government to devote its efforts to creating an enabling environment for sustainable development of businesses.

The Worker member of Ethiopia recalled that the case of Ethiopia had been before this Committee for years. The concern of the Committee was the need to amend the Labour Law in order to bring it into conformity with ILO standards. His Confederation took part in bilateral and tripartite consultations that contributed to the much-needed amendment process. The process had been successful and had resulted in draft amendments that recognize the right of workers to form trade unions of their choice, that lower the number of workers required to form trade unions from 20 to ten, and that ban the administrative dissolution of trade unions. Railways, postal services and inter-urban bus services were no longer considered to be essential services. The draft amendments also guaranteed recourse by the parties to the Labour Relations Board and the courts when amicable settlement of disputes failed. Despite the accumulated delay with amendments, the recent tripartite discussions had moved the process to the Council of Ministers for its final consideration and adoption by Parliament. He thanked the ILO for its support in the labour law revision process.

The Worker member of Austria stated that the Worker members had presented the essential aspects of the case, including a long list of violations of freedom of association in law and in practice. However, in order to illustrate the urgency for a solution of this matter, he wished to add another serious case of practical violation of freedom of association involving the imprisonment of workers and trade union leaders of a hydroelectrical company and charged with incitement to strike. In his view, this case was not an isolated one but it reflected a situation of systematic violations where free trade unions were being hindered from fully exercising their rights, including the right to strike, especially those in "essential services". The current definition of "essential services" affected, in practice, more than 50 per cent of the workers. This was unacceptable. Having heard the statement of the Government representative that major changes had been made, he requested the Government to confirm whether, under the new draft legislation, certain sectors such as banking would still be excluded. The Government should also amend the legislation, particularly as regards the definition of "essential services", as this would determine the manner in which trade unions rights were being dealt with in the country.

The Worker member of Senegal indicated that it was the sixth year that this case was examined before the Committee, when the Government was requested to remove the obstacles to the enjoyment of fundamental labour rights and to the implementation of the Convention. These obstacles concerned the recognition of only one trade union per category of workers, the restrictions on the right of teachers and civil servants to organize as well as the administrative dissolution of trade unions. The release of Dr. Taye Woldesmiate and his co-defendants gave the impression that this Committee proved itself to be useful even if this case had still an unfinished aspect. Document D.8 indicated that the Government seemed to have taken on a new approach and had listened to the observations of the Committee, at least on paper. It was thus for the Government to commit itself concretely by establishing machinery that would favour the development of social dialogue and would allow exiled or arrested trade unionists to exercise their rights without any preconditions. Until now governmental behaviour had provoked hate, repression, humiliation and deprivation. A meaningful change in the social climate would depend on the announced measures as well as the nature of the commitments that the Government would take before this Committee.

The Government member of Norway, also speaking on behalf of the Governments of Denmark, Finland, Iceland, Netherlands, and Sweden, stated that last year, their Governments had expressed serious concern over the trade union situation in this country and the Government's interference in trade union activities. While noting with great satisfaction the release of Dr. Taye Woldesmiate, they continued to be concerned over the fact that the Government had been referring to the new legislation for over nine years, and that no concrete progress had been made so far. With reference to the draft legislation, it was indicated that the aim was to ensure full respect of the civil liberties essential for the implementation of the Convention. They urged the Government to provide copies of the relevant draft legislation to the ILO as soon as possible. The speaker expressed the firm hope that this draft law would be adopted in the near future, and that it would ensure full conformity with Convention No. 87.

The Government member of Cuba stated that the legislative process and the characteristics of each country should be respected. Ethiopia was an underdeveloped country with serious problems, including war and persistent drought. He indicated that more serious cases than Ethiopia had never been discussed before this Committee. Ethiopia had taken positive steps and therefore no serious measures should be taken against this country.

The Government representative said that the amendment process, as in many countries, had to go through various steps and could not always be accomplished in any country within the time frame set by the Committee. The pace would be even slower in a least developed country like Ethiopia. Despite various constraints encountered by his country the progress that had been made was significant. It was his expectation that the amendment process would be concluded as expeditiously as possible.

In respect of the alleged detention and persecution of individuals, he regretted that unsubstantiated new allegations that had no connection whatsoever with the issues in question and which had not been communicated to his Government were being introduced in this Committee. He declined to reply to these allegations. He reminded the Committee that Dr. Taye Woldesmiate was free to engage in any activity to earn a livelihood like any other Ethiopian citizen. On the issue of the property of the Ethiopian Teachers' Association (ETA), he informed the Committee that the case was currently pending in court and his Government had no authority to intervene in the judicial process. He concluded by stating that the Ethiopian Parliament would adopt the amendments to the Labour Proclamation of Ethiopia as a matter of priority when it convened in September 2003.

The Workers members were pleased to learn from the Government representative that the draft legislation would be adopted by Parliament in September 2003, which made it possible to move forward on this case. Therefore, they would not insist on the reference of this case in a special paragraph of the General Report, but this did not mean that they considered the legislation to be in line with the Convention. This would have to be examined at a later stage. With respect to the Government representative's statement concerning the allegations of practical implementation referred to by the Worker members and the Worker member of Austria, he wished to clarify that these were allegations, and the Office was requested to use its presence in the country to verify these allegations and to either confirm or refute them. Recalling the wish of the Ethiopian trade unions to discuss specific cases with the ILO, which was regular practice in the country, and which was within the scope of the Convention, he reiterated the hope that the Committee of Experts would give more attention to the practical application of the Convention.

The Employer members associated themselves with the comments made by the Worker members, but were more sceptical about the speedy adoption of the amendments. They hoped nonetheless that the draft legislation would finally be adopted by Parliament.

The Government representative stated that the Parliament would certainly adopt the amendment, which would comprehensively address the issues raised, and which this Committee would have before it next year. He totally rejected the issue of "exiled Ethiopians", raised by the Worker members, which had no relevance to this case and which in no way should have been included in the conclusions of the Committee

The Committee took note of the written information provided by the Government and of the declaration of the Government representative, as well as of the discussion which took place afterwards. It observed that the Committee of Experts had been making comments for many years concerning serious violations of the Convention, which obstructed the right of the workers, without distinction whatsoever, to establish organizations of their own choice and the right of the trade union organizations to organize their activities without interference from the public authorities.

The Committee noted that the reform of the Labour Proclamation was now being considered by the Council of Ministers. It observed that it was for the Committee of Experts to pronounce on the text of the amendments prepared by the Government. Recalling with concern that for nine years the Government has been referring to the draft legislation, the Committee urged the Government to rapidly adopt the necessary modifications of the Labour Proclamation in order to bring it fully into line with the provisions of the Convention. The Committee strongly urged the Government to adopt special provisions to guarantee the right to teachers and civil servants to form unions and the free functioning of their organizations.

It urged the Government to provide guarantees ensuring that these workers could exercise their trade union rights in full security. The Committee addressed an urgent request to the Government to furnish, in the report due this year, detailed information on the concrete measures adopted to ensure full conformity of the national law and practice with the Convention. The Committee urged the Government to make use of the technical assistance of the ILO in order to make the draft law, to be adopted by the end of the year, consistent with the Convention. It also urged the Government to take measures to ensure the return of the trade union leaders from exile. The Committee expressed the strong hope that next year it will be able to note progress made in overcoming existing serious obstacles in the application of the Convention.

The Government representative stated that the Parliament would certainly adopt the amendment, which would comprehensively address the issues raised, and which this Committee would have before it next year. He totally rejected the issue of "exiled Ethiopians", raised by the Worker members, which had no relevance to this case and which in no way should have been included in the conclusions of the Committee

Individual Case (CAS) - Discussion: 2002, Publication: 90th ILC session (2002)

A Government representative stated that the Ethiopian Government had been consistent and clear in all its replies regarding the trial and conviction of Dr. Taye Woldesmiate and the other defendants. As was repeatedly explained by his Government, the issue in question had nothing to do with the individual's previous position and membership in the Ethiopian Teachers' Association (ETA). It was a purely judicial matter and the delay in the appeal process was entirely due to the appellant's failure to lodge his appeal within the period prescribed by law.

The speaker further stated that the latest significant development in this regard was that the appeal proceeding against the conviction of Dr. Taye Woldesmiate and the co-defendants had now been concluded and that a decision of the Federal Supreme Court was rendered on 10 May 2002. Dr. Taye and one of the co-defendants were found guilty under articles 32(1)(a) and 269(c) of the Penal Code of Ethiopia, on a different count than what they were charged with at the outset; namely that of assisting an illegal terrorist organization called "Ethiopian Patriotic Front". The Federal Supreme Court sentenced Dr. Taye and one other defendant to five years' imprisonment as of the date of their arrest. However, since they had already served the time since the day of their arrest, they were released on the date of the final decision of the Supreme Court. The other co-defendants were acquitted as per article 195 (2)(b)(i) of the Criminal Procedure Code. The decision of the Federal Supreme Court, therefore, confirmed the Government's contentions all along that the case had nothing to do with the defendant's trade union activities. The text of the decision would be forwarded to the Office as soon as the translation was ready.

Turning to the issues of trade union diversity, administrative dissolution of trade unions, the right of teachers and other civil servants to unionize, and the scope of the right to strike, he said that the Government had undertaken an extensive process of amendments of the Labour Law and the Civil Service Law. As the task was huge and complex, it had indeed contributed much to the delay of the amendment process. For this reason the Government was unable to meet its commitment to finalize the draft laws in the shortest possible time. In order to address most of the concerns raised and to come up with comprehensive legal texts, the initial draft, after having been examined by the appropriate highest government authority, was now on its final phase of exhaustive review of all the issues involved.

As the first African member State of the ILO in 1923, Ethiopia had ratified an ILO Convention for the first time in 1947. To date it had ratified 19 Conventions. Two Conventions, Nos. 29 and 182, were currently awaiting the approval of the National Parliament, which was the competent authority for the ratification of Conventions. The exercise of amending labour legislation was also part of his country's endeavour to comply with ILO Conventions.

In the human rights field, Ethiopia had acceded to or ratified all core international human rights instruments and at the national level the proclamations to establish the Human Rights Commission and Ombudsperson Office had been promulgated recently. Freedom of association and other fundamental rights were constitutionally guaranteed rights. The implementation of the national poverty reduction strategy was a priority concern to his Government in the achievement of a qualitative improvement in welfare, employment skills and social security schemes and the progress made in this regard was encouraging.

Finally, his delegation solicited the understanding of this Committee that the delay in the finalization of the draft laws was due to the complexity of the issues involved that had demanded a continuous dialogue with the social partners. He further requested the International Labour Office to enhance its assistance to resolve some of his Government's technical expertise constraints.

The Worker members wished to take the Minister's personal participation in the discussions of the Committee as a sign of the importance attached by the Government of Ethiopia to the work of this Committee. They welcomed the information on the release of Dr. Taye from six years in jail. They recalled that his case had been the subject of comments of this Committee and the Committee on Freedom Association. Dr. Taye was not in jail for conspiring to overthrow the government by force. He was imprisoned for his trade union activities as the President of the Ethiopian Teachers' Association. They wanted to know whether the Government would assure them that Dr. Taye could resume his trade union activities and that the interferences in the work of his union would come to an end too. They wished the Committee of Experts to follow up these questions. His release was made possible because of the impact of the ILO supervisory system, which was effective even if a bit slow.

The Worker members deplored that the Government had not sent the report due last year for examination by the Committee of Experts. In the interest of saving the limited time of the Committee they did not wish to repeat in detail what continued unchanged in the situation in Ethiopia regarding the outstanding points before this Committee. They limited themselves to referring to paragraphs 35-38 of Provisional Record No. 19 of the 89th Session of the International Labour Conference. Their own statement from last year was still valid in this case. They only wanted to draw attention to the findings of a recent ICFTU mission, that in Ethiopia the climate was not conducive for the functioning of an independent and democratic trade union movement. They urged the Government to accept ILO technical assistance in drafting amendments to the legislation.

Turning to the explanations provided by the Government for the delay in the amendment process, they indicated that even though consultations were necessary and consensus was desirable, that could not be used to delay action on the part of the Government on matters that were its responsibility. It was the Government that had to fulfil its obligations under the Convention.

The Worker members regretted that, after two decades, there was no real progress in the implementation of Convention No. 87. Despite the personal interest shown by the Minister in the work of this Committee and despite the release of Dr. Taye, everything spoke in favour of a repetition of a special paragraph in this year's report. They noted the Government promised to amend the legislation shortly and that it would accept the assistance of the Office in doing so. They would have preferred to have a commitment to do that before the next session of the Committee of Experts. They regretted that the Government could not meet that deadline. They wanted to know whether the Government would undertake to do the necessary work in the next 12 months and to report on this work to the Conference next year. They also assumed that the Government undertook to submit its regular report for the next session of the Committee of Experts.

The Worker members also urged the Government to cooperate in an investigation by the ILO into the question of the imprisoned trade unionists mentioned last year. Ethiopian trade union leaders in Europe also reported new imprisonments of trade union leaders. This they considered was important for the work of this Committee. They appealed once more to the Government not only to comply with recommendations of the Committee but also to restore genuine trade unions, release all detained trade union leaders, allow previous trade union leaders and activists to return to the country, allow these ex-detainees and ex-refugees to resume their trade union work in normal and safe conditions, and to establish a long overdue independent national commission of inquiry into the murder of trade union leaders. They reserved their position in respect to where the conclusions of the Committee would be placed.

The Employer members recalled that this case had been the subject of comments by the Committee of Experts for the past 20 years, and that the Conference Committee had discussed the case five times since 1995. They welcomed that the imprisoned President of the Ethiopian Teachers' Association, Dr. Taye, was released from prison. The Government representative had promised to supply the judgement regarding this case, which would be interesting with regard to the long time the case was pending at court, which, in the past, were deemed to constitute a non-respect by the authorities to guarantee due process to detained or accused persons.

The Employer members referred to the requirement of 20 workers as the minimum number needed in an enterprise in order to establish a trade union, the fact that teachers and public employees were barred from unionizing, and the Minister's right to dissolve registered trade unions, which the Minister did use in the past. They noted that the Government had made promises since 1994 to introduce the necessary legislative amendments. In this light, the promise made by the Government representative could unfortunately not be taken seriously. The Government had in the past failed too often to comply with its international public law obligations deriving from Convention No. 87.

Turning to the right to strike, the Employer members said that their views were well known. It was therefore not necessary to recall their position, which was different from the position of the Committee of Experts on this issue, every time when the Conference Committee discussed one of the numerous cases regarding the application of Convention No. 87.

In conclusion, the Employer members associated themselves with the conclusions which were proposed by the Worker members. They still hoped that progress would be achieved on the case, irrespective of the negative facts the Conference Committee had experienced in the past.

The Worker member of Ethiopia indicated that when this case was discussed in this Committee last year, one of the serious comments made concerned the conviction on charges of conspiracy against Dr. Taye Woldesmiate, the President of the Ethiopian Teachers' Association. His confederation was happy to learn of the decision of the court. He expressed his confederation's commitment to arrange for dialogue between two groups of teachers' associations and resolve their unhealthy differences and help them to work together for the benefit and interest of Ethiopian teachers. He hoped the ILO would support this endeavour. He supported the comments of the Committee of Experts calling for respect for the right of workers, without distinction whatsoever, to join organizations of their choosing. His confederation had sent to the Government proposals for amendments to the law, with a view to removing existing provisions of the law requiring a minimum of 20 workers within an enterprise for the formation of a trade union. The Worker member supported the comments of the Committee of Experts calling for the right of teachers and public servants to form trade unions that was currently prohibited by Proclamation No. 42 of 1993. His confederation had sent proposed amendments to the law in this respect. They regretted delays in enacting these needed amendments and urged once again the Government to speed up the process. He also agreed with comments of the Committee of Experts calling for the repeal of the provisions authorizing the administrative dissolution of trade unions which was a violation of Convention No. 87. Similarly, his confederation had sent proposed amendments to the Government. Also in line with the comments of the Committee of Experts, his confederation had sent proposed amendments to the Government regarding the current exclusions of important sectors from having the right to strike as a result of a wide definition of essential services in the existing law. Sectors such as transport (railways, urban and inter-urban services and airlines), banks, postal, telecommunications and fuel stations were defined as essential under the laws. His confederation was of the view that essential services should be restricted to those whose interruption would endanger the lives of persons. He indicated that delays in court decisions were among the major problems faced by Ethiopian workers. The Government should improve the court system for it to be able to render timely decisions. He appealed for ILO technical support in upgrading the efficiency of labour courts in the country.

Despite the proposals for amending the labour laws made by his confederation, in consultations with stakeholders, the process had taken many years. The Government needed to move faster. Encouragingly, the draft law had been presented to the Council of Ministers, but he feared that the setting-up of another ministerial committee to study it would further delay its enactment. He called for this process to be speeded up and for the ILO to support this effort.

The Worker member of Italy indicated that the three Italian trade union confederations she represented had followed the situation in Ethiopia for a long time. Because of the time constraints she did not read her full statement in which she had listed a series of violations of Convention No. 87 received in the last couple of months. She expressed her solidarity with the workers and trade unions of Ethiopia and supported the views expressed by the Worker members in this case.

The Worker member of Senegal stated that this case had already been discussed by the Committee the previous year and, despite its inclusion in a special paragraph, trade union rights continued to be violated. Convention No. 87 continued to be ignored and ever-greater and harsher restrictions imposed on freedom of association. In this regard, the accusations made by the Committee of Experts were eloquent. There were numerous shortcomings in the Ethiopian legislation. The constitutional principles relating to the right of workers to establish and join trade unions were not applied in practice, and the dissolution of unions remained possible. Teachers and civil servants were excluded from the application of these rights. The Government had not shown any sign of good will. This Committee should ensure that persecutions against workers ceased. For that reason, it was necessary to include this case in a special paragraph.

The Employer member of Ethiopia stated that most of the issues raised by the Committee of Experts were very important and complex. Resolving them would necessitate the overhaul of the existing labour laws. The Ethiopian Employers' group had actively participated in the tripartite process for amending the labour law. A great deal of the work had been accomplished and the process was encouraging despite some difficulties encountered. He expressed his concern about the delay in finalizing it. He wished to indicate to the Committee that the situation in his country regarding matters covered by this case had improved significantly. Both the release of Dr. Taye and the ongoing process of amendment of the labour law, even if this process was slow, were positive measures. He could not accept the Committee's recommendations regarding the scope of the right to strike, which appeared to lack objectivity and did not take into account the specific situation of his country.

The Government member of Norway, also speaking on behalf of the Government members of Denmark, Finland, Iceland, Netherlands and Sweden, expressed deep concern at the extremely serious situation for trade unions, and particularly the interference of the Government in trade union activities. He welcomed the release of Dr. Taye Woldesmiate, the President of the Ethiopian Teachers' Association. However, he deeply regretted the fact that he had been held in preventive detention for six years. He emphasized the importance of the right of all detained or accused persons, including trade unionists, to be tried promptly through formal judicial procedures. This involved, in particular, the right to be informed of charges, the right to have adequate time for the preparation of their defence, the right to communicate freely with the counsel of their own choosing and the right to a prompt trial by an impartial and independent judicial authority in all cases. This also had to include cases in which trade unionists were charged with criminal offences, whether of a political nature or not, which in the Government's view bore no relation to trade union functions. With reference to the drafting of new legislation over the past seven years, he encouraged the Government to forward a copy of the draft legislation to the Committee of Experts. Finally, he urged the Government to take all necessary measures to ensure the full respect of the civil liberties and rights essential for the implementation of the Convention, and to fully comply with the requirements of the Convention.

The Government representative stated that he had listened carefully to the comments made by the social partners and that he valued this opportunity for a constructive and result-oriented dialogue. He indicated that, despite the economic, political and social challenges his country encountered at different levels, the progress achieved in addressing the Committee's concern was considerable. In addition to the release of Dr. Taye, all the other concerns regarding labour issues required a huge task of amending the Labour Law and the Civil Service Law. He indicated that this process, which involved the social partners, was entering its final phase and the progress attained so far was significant despite the complexity of the issues involved and difficulties encountered in reconciling interests of different groups. Regarding trade union diversity, he said it was difficult to obtain its acceptance by the Workers' group as they indicated last year to this Committee that this would weaken the solidarity of workers. His delegation could cite many such issues of controversy in the tripartite process that were delaying the finalization of the amendment process. It was his Government's conviction that this process would be finalized soon and that most of the issues of concern would be addressed to the satisfaction of the social partners. In view of the progress underscored, he expected constructive dialogue, encouragement and understanding from this Committee. He reiterated his delegation's concern, expressed in the general debate, regarding the criteria for selecting the individual cases for discussion in this Committee that his country had continuously been subjected to. On the allegations made by the Worker members, these were new to his delegation as well as to this Committee. He indicated that his Government did not have information on any person detained in connection with the legitimate exercise of trade union activities. If the Worker members believed they had valid and substantiated allegations, they would have to be first communicated to his Government.

The Employer members referred to their initial statement on the case. In the conclusions, the Government must be urged to rapidly introduce the legislative amendments it had promised, and to report on them to the ILO. With regard to the statement of the Employer member of Ethiopia, they clarified that he had made the statement on his own behalf, not on behalf of the Employer members.

The Worker members indicated that, after hearing what the representative of the Government had to say, the arguments that led to the placement of the Committee's conclusions in a special paragraph of its report last year, remained valid. The Government had to put its house in order for next year's session of the Conference. Unless the Government representative could undertake before this Committee, to do the necessary work to ensure compliance with the Convention within the next 12 months, they would request for the Committee's conclusions to be put in a special paragraph. They also said that the criteria for the selection of individual cases for discussions before this Committee were clear and were set in the paragraphs at the beginning of the report of this Committee.

The Government representative indicated that any progress depended on the cooperation of the social partners. He reiterated his Government's commitment to do its best to resolve the outstanding issues if the social partners would collaborate in this process and that the ILO would provide assistance.

The Worker members said that in light of the reply given by the Government representative they requested a special paragraph in this case.

The Employer members agreed that there was no improvement in the situation from last year and the understanding with the Worker members on this question held true. They wished to hear the proposed conclusions before definitely pronouncing themselves on the placement of the conclusions.

After a brief exchange of views between the Government representative, the Worker members and the Chairperson, it was decided to place the conclusions of the Committee in this case, in a special paragraph of its report.

The Committee took note of the statement made by the Government representative and the discussion which ensued. The Committee noted that the Committee of Experts has, for several years now, been commenting upon serious discrepancies between the national legislation and the Convention. These matters concerned the right of workers, without distinction whatsoever, to form organizations of their own choosing and the right of these organizations to organize their activities without interference by the public authorities and not to be dissolved by administrative authority. While noting with concern that no concrete progress had been made on these points, the Committee welcomed the Government's desire to receive in-depth technical assistance in this regard, and made an urgent appeal to the Government to take measures urgently, so as to ensure full conformity with the provisions of the Convention. The Committee especially insisted that teachers' trade union rights be fully respected both in law and in practice. Welcoming the release of the trade union leader Dr. Taye Woldesmiate, the Committee nevertheless reminded the Government that respect for civil liberties was essential to the exercise of trade union rights. It expressed the firm hope that the Government would no longer have recourse to such grave measures as the detention of trade union leaders for the exercise of legitimate trade union activities. The Committee requested the Government to provide detailed information in its next report, in particular on any measures taken to give effect to the comments of the Committee of Experts and to transmit with its report any texts of draft legislation being considered. The Committee decided to place its conclusions in a special paragraph of its report.

After a brief exchange of views between the Government representative, the Worker members and the Chairperson, it was decided to place the conclusions of the Committee in this case, in a special paragraph of its report.

Individual Case (CAS) - Discussion: 2001, Publication: 89th ILC session (2001)

A Government representative of Ethiopia enumerated his Government's views on the status of issues pending before this Committee relating to Ethiopia. With regard to the trial and conviction of Dr. Taye Woldesmiate, he was charged and convicted under sections 32(1) and 252(1)(a) of the Penal Code of Ethiopia for conspiracy to commit a criminal act with the view to overthrowing the Ethiopian Government by force. This Committee and the Committee on Freedom of Association were informed by his Government regarding the developments in the case starting from its inception. The decision of the Federal High Court on this case was also forwarded to the Office. Moreover, in its previous submissions, his Government had clearly established that the previous membership of Dr. Taye in the Executive Committee of the Ethiopian Teachers' Association and activities he undertook in that capacity had no bearing on the case.

As to the concerns that had been expressed by the Committee of Experts with respect to the fairness of the judicial procedures, he wished to assure this Committee that Dr. Taye and the other defendants in the case were represented by lawyers of their own choice and all guarantees of due process of law were observed throughout the trial. The latest development with regard to this case was that the appeal lodged by Dr. Taye against his conviction was received by the Federal Supreme Court and his case was currently being reviewed by the highest court of appeal in the country. Moreover, he was serving his prison term in satisfactory and humane conditions that were accorded to any convicted person in the country with full respect for his person and his well-being. On more than one occasion he had been visited by persons from outside the country to whom he expressed his views freely.

With regard to the outstanding issues before the Committee of Experts, such as the question of defining essential services in a stricter sense for the exercise of the right to strike, ensuring trade union diversity at the enterprise level, ending administrative dissolution of trade unions, and the rights of civil service personnel to form trade unions, due attention had been given to incorporate these issues into law reform proposals of the country. Some of these law reforms were already before the Council of Ministers.

As indicated in previous government reports, two consecutive tripartite workshops had been conducted, which thoroughly discussed independent position papers presented by the social partners in order to arrive at agreed recommendations with a view to amending the labour proclamation. However, at the workshop that was held in November 2000, the participants were unable to reach consensus on all draft provisions presented to them. Agreement was reached only on around ten of the draft provisions. Hence, the draft amendments were placed before the Tripartite Labour Advisory Board with the different positions of the participants. Presently, the Board was going through the proposals in detail. After the Board completed its work, the final draft would be submitted to the Government for consideration and approval. In this regard, the speaker thanked the ILO Office in Addis Ababa for providing financial support for the holding of the tripartite workshops.

In connection with the issue of civil service reform, the draft law, including the proposal for the rights of civil servants to form unions, was already prepared and brought to the attention of different stakeholders with a view to incorporating their suggestions and recommendations for further enrichment of the instrument. After passing through this process the draft law would be submitted to the relevant body for consideration and approval. In this regard, his Government had committed itself the previous year to finalize the law reform process in the shortest time possible. However, despite good faith efforts, it could not complete the task due to the need for completing the tripartite discussions of the law reform process and the heavy legislative agenda of Parliament. The speaker wished to assure this Committee that his Government would intensify its efforts to finalize the law reform as quickly as possible. Moreover, his Government would endeavour to ascertain the consistency of the draft laws with the relevant ILO standards. In this connection, his Government would solicit comments on the draft text from the ILO.

In conclusion, the Ethiopian Government was firmly supporting the vital institutions of democracy and market economy. In this endeavour it was attempting to instil the principle of tripartite consultations and social dialogue in order to enable people who were directly affected by decisions taken by the public authorities to have a say in the shaping of these decisions. Bearing this in mind, the long process being undertaken in the country to amend the existing legislation or promulgate a new law was, in the final analysis, about respecting this underlying principle. Hence, the Government member sought the understanding of this Committee that his country be allowed to develop and enrich its laws in accordance with the practice and the pace of its legislative process as it continued with its national endeavour to consolidate peace and democracy following years of dictatorship.

The Worker members indicated that this case was on the list of individual cases because it met at least six of the criteria set out by the Workers' group. These criteria related to the content of the case, the replies given by the Government in earlier debates, the discussion and conclusions of the previous year, the observations by workers/employers, the report of the Committee on Freedom of Association as well as recent developments. They recalled that Convention No. 87 was one of the key ILO Conventions. Moreover, this case had been discussed by this Committee for the ten years that the present regime had been in power. Last year this Committee had heard repeated promises by the Government to bring the first three legislative issues mentioned in the report of the Committee of Experts in line with the Convention. The Government had also promised that a comparative study of law and practice in neighbouring countries which would form the basis for the draft civil service law would be completed by the end of last year. In addition to these legal shortcomings, there was an appalling practice in respect of freedom of association. There was, for example, the case of Dr. Taye, mentioned in the report of the Committee of Experts. Other cases concerning more recent developments included interference in the internal affairs of trade unions, the murder, arrest, imprisonment without trial of unionists, as well as mistreatment in jail allegedly leading to the death of unionists. The Worker members noted that one of the arguments raised by the Government was that tripartite consultations were needed in order to adopt the legislation in question. In their view, whether or not the social partners agreed on the shortcomings in current legislation was completely irrelevant; what was required was that the legislation be brought in line with the requirements of the Convention. In addition to the continued serious concerns expressed by the Committee of Experts, there was the deep concern expressed by the Committee on Freedom of Association whose appeals had been completely disregarded by the Government. There was no progress in respect of moves to amend legislation concerning the issues raised by the Committee of Experts in respect of Articles 2, 3, 4 and 10 of the Convention. These issues included the right of workers without distinction whatsoever to establish organizations of their own choosing, the right of unions to organize their own administration, the administrative dissolution of trade unions and the right of workers' organizations to organize their programme of action without interference by the public authorities. The Worker members considered that if draft legislation had been sent to Parliament, then it should have also been sent to the ILO. There was no new information provided by the Government in this regard. The Government had, however, promised that it would provide a follow-up report on measures taken by the end of 2000 as required by the Committee of Experts as well as this Committee. The Government had also promised detailed answers to all of the comments raised by the Committee of Experts. With regard to the application in practice, the Worker members pointed out that an ICFTU mission visited Ethiopia in November 2000. According to the trade union leaders it met with, this mission noted that the interference by the Government in internal trade union affairs was ongoing. The mission concluded that, since labour legislation had not been amended, the environment was not conducive for the functioning of an independent and democratic trade union movement. The same mission concluded that the Government would not fulfil its commitments made during the International Labour Conference the previous year. The mission also talked to former leaders of the Confederation of Ethiopian Trade Unions (CETU) affiliates who had been dismissed and who were facing trials. In early 2001, the secretary-general of the Awassa branch office of CETU, who had been jailed without any charges or trial, died in jail allegedly due to harsh treatment. Two Ethiopian Teachers' Association (ETA) leaders, Mr. Kebede Desta and Mr. Shimelis, faced the same fate in 1999. During the end of 2000, the Government arbitrarily detained and jailed the President of the Akaki Textile Factory Union, Mr. Legesse Bejeba, who was allegedly participating in "Red Terror". Mr. Bejeba was a well-known trade union leader for some 20 years and he was one of the founding fathers of the Ethiopian trade union movement. In early 2001, the authorities interfered in the election of the enterprise union of the National Bank of Ethiopia. Registration was refused and elections had to be held three times. Last year, this Committee had indicated that if no progress had been made in this case, then a special paragraph would be unavoidable. Since no progress had been made at all, the Worker members wished for the main conclusions and recommendations contained in the reports of the Committee of Experts and the Committee on Freedom of Association to be reflected in a special paragraph. They also wished for an urgent appeal to the Government to be reflected in such a paragraph in order to put an end to the violations in law and in practice. The special paragraph should also contain an offer of technical assistance from the Office to solve the legislative problems. Finally, the ILO Office in Addis Ababa should keep a close watch on the situation of Dr. Taye, Mr. Bejeba and other trade union leaders.

The Employer members recalled that this case had been the subject of comments by the Committee of Experts for the past 20 years, and that the Conference Committee had discussed the case for some time. They noted that the Government representative of Ethiopia had already indicated in 1994 and again in 1999 that they would prepare new legislation to remedy the situation. With regard to the 15-year prison sentence imposed on the President of the Ethiopian Teachers' Association, the Employer members stated that the authorities should respect the rights of detained or accused persons, including guarantees of due process, the right to be informed of charges, the right to have adequate time for the preparation of a defence and to communicate freely with counsel of their own choosing. The Government should also provide to the Committee the text of the judgement regarding this case. With regard to the call of the Committee of Experts to amend the minimum number of workers needed in an enterprise in order to establish a trade union, the Government should provide draft legislation which it had announced regarding this matter. The Government should also submit draft legislation which it had announced to redress the fact that teachers were restricted from unionizing under Labour Proclamation No. 42-93. Similarly, the Government's announcement of draft legislation which would vest the power to cancel registration of trade unions solely with Ethiopian courts instead of the Ministry of Labour and Social Affairs was only a vague indication, and the lack of any solid evidence of such legislation could be viewed as a delay tactic.

Concerning the right to strike and the definition of essential services, the Employer members stressed that their view was completely different from the position of the Committee of Experts on this issue. In that respect, they wished to clarify their general position on the right to strike which, according to the observations of the Committee of Experts, was implied in Convention No. 87. Although the Employer members did not deny the right to strike as such, they maintained that the right to strike was not provided for by the Convention, as the text of the instrument did not contain any reference to "strike" or "right to strike". The preparatory work to the Convention excluded such references as well. Report VII, 31st Session of the ILC, 1948, Conclusions, page 87, read as follows: "Several Governments, while giving their approval to the formula, have nevertheless emphasized, justifiably it would appear, that the proposed Convention relates only to the freedom of association and not to the right to strike, a question which will be considered in connection with Item VIII (conciliation and arbitration) on the agenda of the Conference. In these circumstances, it has appeared to the Office to be preferable not to include a provision on this point in the proposed Convention concerning freedom of association." A similar conclusion had been reached in the discussions at the Conference leading up to Convention No. 98. At that time, two proposals to address the right to strike in the Convention were rejected. Convention No. 87 was not intended to be a code of regulations on the right to organize, but rather a concise statement of fundamental principles. It was worth noting in this regard that the term "strike" was only mentioned in Paragraph 4 of the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), which also mentioned "lockouts". This Recommendation, however, did not regulate the conditions of a strike or lockout, but established rules on the legal consequences which could arise from them. Finally, the International Covenant on Economic, Social and Cultural Rights, in article 8, paragraph 1(d), provided for a right to strike in the framework of national law. It was therefore the State's competence to determine the framework within which the right to strike could be exercised.

With regard to the Committee of Experts' call for a stricter definition of essential services, the Employer members believed that the definition of essential services was a device to limit as much as possible the number of workers who did not enjoy the right to strike. The definition of essential services should not be restricted to only those whose interruption would endanger human life, but should include other important services, including teaching. The Employer members pointed out that both issues were important to them and the disagreement of the Employer members with other members of the Committee on this issue, especially with Worker members, should not be covered up in the conclusions through elegant formulations.

As concerned the case of Ethiopia, they pointed out that the Government had provided no new information in this case, and that they therefore supported the Worker members' proposal to present the conclusions of the case in a special paragraph.

The Worker member of Zimbabwe indicated that as far back as 1992 this Committee was advised that the Government of Ethiopia was preparing a draft labour law that would be in conformity with Convention No. 87. The Government was told at that time that "the legislation could not impose a single trade union system. Trade union pluralism must remain". Since then, this Committee had examined the situation facing Ethiopian trade unionists on a number of occasions. This Committee had seen the cancellation of the registration of the CETU when it opposed government policy; the closing of CETU's offices and the freezing of its bank account; the recognition of new leadership by the Government when the elected leadership sought asylum in fear of their lives; continued harassment and intimidation of the Ethiopian Teachers' Association (ETA) leadership; the seizure of ETA offices; the freezing of ETA bank accounts; the arrest, detention, harassment, intimidation and killing of elected union leaders; and the recognition by the Government of new leaders supportive of government policies. The pattern was clear. In 2001, the Committee was still dealing with a situation where the labour laws did not permit freedom of association. One trade union per enterprise was still the rule. The Government had made it clear that it did not intend to change its legislation in this regard. The Government got rid of elected leaders of unions when they contested government policy; then it actively supported groups favouring the Government to reorganize and recognize them. Then it denied others the right to organize if they wished to organize other unions. It was not an original strategy to control unions but it was clear that this was exactly what it was. The Ethiopian Government continued to promise change but failed to deliver. The exclusion of certain groups like teachers from the scope of the legislation allowing them to unionize was not acceptable. This case presented a very serious violation of many aspects of trade union rights guaranteed under Convention No. 87. Clear violations of fundamental rights were continuing; justice was obstructed by the refusal of the Government to order an independent investigation into the killing of Assefa Maru by the police; the rule of law appeared to be set aside when it was convenient to the Government; transfers, dismissals, political interference all continued. Moreover, students were subjected to brutality and the Ethiopian Human Rights Commission President had been charged with similar charges that had kept Dr. Taye Woldesmiate in prison. The Government of Ethiopia had had enough time to bring its legislation into line with Convention No. 87. It certainly should stop the persecution of trade unionists that disagreed with their policies. This Committee should adopt a special paragraph this year.

The Worker member of Austria expressed his support for the trade union activists from Ethiopia who were in exile, including those who had sought refuge in Austria. Their efforts had raised awareness about the situation in Ethiopia, including not only the logistical obstacles to freedom of association but also the unacceptable practice of restricting and repressing trade unions. Aside from the serious issue of the persecution of individual trade union leaders, he wished to address two other salient problems in this case. First, it was unacceptable that Proclamation No. 42-93 excluded all public servants from its scope of application, which de facto exempted significant groups of workers, including teachers and medical personnel, from legal protection. He urged the Ethiopian Government to take the necessary steps to include all workers under the scope of the law and thereby to provide for freedom of association. Secondly, it was also unacceptable that numerous industrial sectors had been denied the right to strike. He recalled that the Committee of Experts had noted that practically the entire transportation industry and parts of the public service sector, including postal workers, telecommunications workers and bank workers, had been denied the right to strike. These restrictions affected no less than 60 per cent of all workers. He called on the Government of Ethiopia to take steps to provide freedom of association to all workers in conformity with Convention No. 87 and to end the repression of Ethiopia's civil society.

The Worker member of Swaziland pointed out that since 1994 the Ethiopian Teachers' Association had managed to survive the constant pressures to which it had been subjected to try to silence it and make it impossible for it to represent its members. There was active support by the Government for the establishment of another Ethiopian Teachers' Association loyal to the Government. Moreover, the President of ETA had spent five years in prison and was convicted in 1999 to 15 years in prison on charges that he was subversive. An appeal was lodged after his conviction in 1999. Since then, the Supreme Court adjourned the case 12 times before making a decision on the receivability of the appeal. It was only recently that the Court had accepted that the appeal could be heard. This would take even more time. Amnesty International had declared Dr. Taye Woldesmiate to be a prisoner of conscience after reviewing the transcript of the trial. In addition, no inquiry had been ordered into the shooting by the police of the unarmed Assefa Maru. Other ETA leaders had been forced into exile. Furthermore, court action by the new ETA to strip assets from the original ETA had been obvious and they were now trying to obtain the former ETA office. Moreover, the dismissal of the ETA activists continued. Finally, members of the international organization to which ETA was affiliated were denied visas in 2000. In March of this year, a mission was allowed to enter Ethiopia. Dr. Taye, contrary to the information provided by the Government, was held in very difficult conditions in prison. He was confined in a small room with seven other prisoners. Outside access was to a small area ten metres by four metres which was walled. Dr. Taye was not allowed to work in the prison school or to use the library. He was ordered not to speak to any prisoners other than those in the same room. The mission had also met teachers who had asked that their union dues not be paid to the new ETA and, despite repeated requests to authorities that this should not be done, it continued. Some teachers believed that their transfers were due to such requests being made. Government officials had indicated that ETA should be free to organize provided they did so on the basis of a structure determined by the Government. ETA insisted on the right for its members to determine the union structure they wanted. The speaker insisted that there be an end to this treatment of the Ethiopian Teachers' Association. New labour legislation should be adopted allowing freedom of association and the scope of the legislation should include teachers and other sectors currently excluded. Government interference in trade union affairs should be ended. It was not acceptable that the Government had given its support to unions that had tried to stop other unions from existing. Freedom of association should allow registration of more than one union in a sector enterprise so that union members could freely choose their representatives. No real change had taken place since this Committee had begun to examine the violations of Convention No. 87. The Government was using unions for its own purposes.

The Worker member of Senegal emphasized the worrying number of attacks on trade union freedom and the age of those cases. Indeed, those cases were symptomatic. The case of Ethiopia illustrated all aspects of the violation of trade union freedom: arrests, imprisonment, impossibility for workers to belong to the trade union of their choice, dissolution by the Government of trade union organizations, etc. It was a very sad picture, even if the observations of the Committee of Experts were more circumspect. Indeed, how could a trade union official be accused of conspiring against the State? The use of expressions such as "acts or conduct such as to compromise public safety" or "public disturbances", were mendacious pretexts used by the State. It should be underlined in that respect that the judiciary, whose job was to state the law, was subject to considerable political pressure and was still seeking to establish its independence. The sentencing of Dr. Taye Woldesmiate to 15 years' imprisonment was such an example. The case put forward by the Government was not convincing and contradicted its actions in practice. By way of example, he pointed to the trade union monopoly established under section 114 of the Labour Proclamation No. 42-93 or the cancellation of the registration of the former Confederation of Ethiopian Trade Unions. As soon as a trade union fulfilled its mandate, its legitimacy and means of action were challenged. The Labour Proclamation replaced the law and, indeed, even the Constitution in many areas. They were thus trapped at the heart of a process, the goal of which was to tame workers and their representative organizations. The situation was deadlocked, whether in relation to teachers' organizations, civil servants or the numerous restrictions on the right to strike. The situation should again be denounced, and that was why the case should be given a special paragraph.

The Worker member of New Zealand cited information received from Education International (EI) which it had gathered on a mission to Ethiopia in March of this year. He recalled that EI representatives had been refused visas in July and again in December 2000, and an EI representative who was to take part in the EI-ICFTU mission in November 2000 was denied a visa as well. He appreciated, however, the fact that EI was able to visit Ethiopia this year and meet with government representatives, the Confederation of Ethiopian Trade Unions and Ethiopian Teachers' Association, and to visit with Dr. Taye Woldesmiate in prison. Dr. Taye's condition in prison was very severe and he required urgent dental care. He recalled that Dr. Taye had been declared a prisoner of conscience by Amnesty International last year. Furthermore, government officials had indicated that they doubted that the ETA had any members, despite the fact that the ETA held annual meetings and workshops. The ETA had asserted that the Government, through the Minister of Education, had instructed regional authorities not to deal with the ETA or allow them access to schools. Teachers had also alleged that they wished to pay dues to the ETA but that these dues were then sent to other government-supported associations. It was a measure of great urgency that the ETA be recognized, and the fact that it was not, was a clear violation of Convention No. 87. He called for the end of the harassment and intimidation of ETA members and activists, the reinstatement and compensation of teachers who had been arbitrarily transferred, the release of Dr. Taye and an independent inquiry into the death of Assefa Maru as called for by the Committee on Freedom of Association.

The Worker member of Ethiopia referred to the comment of the Committee of Experts regarding Article 2 of Convention No. 87 concerning trade union monopoly at the enterprise level. Although he did not object to the principle in the Convention regarding the need for union diversity, he stated that his organization, the Confederation of Ethiopian Trade Unions, was of the view that more than one union in an enterprise would undermine the unity of workers. He recalled that in discussions with the Labour Advisory Board, both the Government and employers had supported union diversity, but workers' representatives had strongly objected. He therefore did not support the observation of the Committee of Experts regarding this point. However, he agreed with the Committee of Experts that the minimum number set out in law of workers needed in an enterprise for the establishment of a trade union should be reduced from 20 to ten. With regard to the observations on Articles 2 and 10 of the Convention, he recalled that Proclamation No. 42-93 did not cover teachers and other civil servants, while the Federal Constitution of 1994 guaranteed workers the right to form trade unions and bargain collectively. Yet so far, there was no clear law providing these rights for teachers and civil servants. He urged the ILO to continue its support on this matter and called for greater participation by teachers in the preparation of draft legislation concerning teachers and civil servants. Concerning the administrative dissolution of trade unions (Articles 3 and 10 of the Convention), he supported the observation of the Committee of Experts which indicated that the power of the Ministry of Labour and Social Affairs under Proclamation No. 42-93 to cancel trade unions was in violation of the Convention. He also agreed with the Committee of Experts' observation which pointed out that Proclamation No. 42-93 excluded many important sectors from the right to strike through a definition of essential services which was too broad and ambiguous. This broad restriction should be lifted, although there should be some flexibility with regard to essential services whose interruption might endanger the lives of persons. Labour disputes could also be referred to the Ministry of Labour and Social Affairs for voluntary conciliation. In conclusion, he recalled that at last year's session of the Committee, the Government member of Ethiopia had announced that Proclamation No. 42-93 would be amended within six months. As this still had not been done, he urged the Government to amend the labour law as soon as possible.

The Government member of the United States recalled that the Committee's discussion in 2000 had laid out very specific terms, based on the observations of the Committee of Experts, regarding what the Ethiopian Government should do to bring law and practice into conformity with Convention No. 87. The Committee had urged the Government to take these steps as a matter of urgency and had reminded the Government that the ILO was at its disposal to provide necessary technical assistance. The Committee had noted the Government's statement that it was committed to bringing law and practice into line with the Convention. It was unfortunate to note that this year's Committee of Experts' observation regarding this case did not indicate any progress or apparent change from last year. Indeed, very little news had been added by the intervention of the representative of the Government of Ethiopia today. She urged the Government to move forward without further delay to implement the recommendations of the ILO supervisory bodies, with the technical assistance of the Office, if necessary, in order to bring law and practice into full conformity with the freely ratified Convention.

The Government representative of Ethiopia indicated that the allegations raised in this Committee were too many to respond to in detail. Any suggestion that this case could be solved by putting Ethiopia in a special paragraph was a mistake. Moreover, nowhere in the report of the Committee of Experts was it indicated that the Government had refused to comply with Convention No. 87. The speaker acknowledged the need to amend the legislation; however, the new Constitution had been adopted only in 1994 and any changes in the civil service law could not be carried out quickly. Moreover, although the country had been freed from a military dictatorship it had still suffered the consequences of an international conflict, civil war and natural disasters. The Ministry of Labour could do so much by submitting the draft civil service law to Parliament, but it was up to Parliament to decide on its priorities and there was a large body of laws to be adopted. He stressed that it was very erroneous to state that this case had been pending for 20 years since the new Government had come into power only ten years ago. Moreover, the Labour Proclamation of 1993 guaranteed the basic rights enshrined in Convention No. 87. However, in order to amend the legislation there was a need to have the consensus of stakeholders. He was appalled to hear the statement of the Worker member of Ethiopia regarding the lack of consultation since during the last two meetings of the Labour Advisory Board, the workers' representatives were absent. He pointed out that his Government's representative was unduly optimistic in specifying a timeframe of six months for the completion of the legislative process during last year's meeting of this Committee. In effect, there was a process to be followed and the ultimate decision lay with Parliament. With regard to the alleged violations of human rights, the Worker members had mentioned new names of persons allegedly detained that the Government delegation had not even heard of. Also, he had not read the report of the ICFTU mission to Ethiopia last year. In any case the Government representative asserted that the individuals allegedly detained could have challenged their detainment in courts of the country. Regarding the allegation that the Supreme Court had adjourned Dr. Taye's appeal 12 times, the Government representative indicated that this was because Dr. Taye had appealed only after the expiry of the 60 days' deadline to appeal. Finally, the Supreme Court accepted the appeal and it was being actively heard. With regard to the alleged violations of freedom of association of ETA and its leaders and members, the Government had just received the report of Education International (EI) after its recent mission to Ethiopia. Accordingly, the Government would send a reply to the Committee on Freedom of Association. He reiterated that his Government would continue to cooperate with the Committee on the Application of Standards. Therefore, the proposal to include Ethiopia in a special paragraph was unwarranted and would not be conducive to the spirit of cooperation that should exist between the Government and the Committee.

The Worker members pointed out that in their statement as well as that of the Employer members, there were historical references made with a view to giving a certain context to the case under discussion. However, they emphasized that this case had been pending for ten years since this Government had taken over from the previous dictatorship. They repeated the names of the trade union leaders who were detained since the Government member indicated he had never heard of them before. They pointed out that goodwill was excellent but needed to be demonstrated which had not been the case for this Government for the past ten years. Although this Government had indicated that it wanted to correct the wrongs of the previous Government, it had not done so.

The Employer members stated that the intervention by the Government member of Ethiopia had, in their view, made no difference in this case. They recalled that under international law, member States were bound by ILO Conventions, not individual governments. They noted that in 1994, the present Ethiopian Government had already promised to make the necessary changes to its laws in order to comply with the Convention. Once again, in the year 2001, the Ethiopian Government was promising all sorts of measures yet cautioning that progress should not be made too quickly. In fact, the process of change in this case was all too slow. The inclusion of this case in a special paragraph of the Committee's report was justified.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. The Committee shared the serious concern of the Committee of Experts with regard to the trade union situation. The Committee was deeply concerned by the fact that no progress had been made in respect of the serious complaint pending before the Committee on Freedom of Association concerning government interference, in particular, with the functioning of the Ethiopian Teachers' Association and that its President had now been convicted, after three years of preventive detention, on charges of conspiracy against the State and sentenced to 15 years' imprisonment. It recalled that the Committee of Experts had requested the Government to indicate that the precise provisions permitting teachers' associations to promote the occupational interests of their members and to provide information on the progress made in adopting legislation to ensure the right to organize for employees of the state administration. It also recalled the concern raised by the Committee of Experts about the cancellation of the registration of a trade union confederation, as well as broad restrictions placed on the right of workers' organizations to organize their activities in full freedom. The Committee regretted to note that apparently no progress had been made in this respect since the last time this case was before it. The Committee strongly urged the Government to take all the necessary steps as a matter of urgency to ensure that the right of association was recognized for teachers to defend their occupational interests, that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities and that workers' organizations were not subject to administrative dissolution, in accordance with the requirements of the Convention. It urged the Government to respect fully the civil liberties essential for the implementation of the Convention. The Committee expressed the hope that the ILO Office in Addis Ababa could visit the detained trade unionists. While noting the statement of the Government representative concerning legislative changes under way, the Committee was obliged to note with concern that no progress had been made. The Committee made an urgent appeal to the Government to put an end to all violations to the Convention both in law and in practice. The Committee also requested the Government to provide any relevant draft legislation, as well as the court judgement concerning the appeal made by the President of the Ethiopian Teachers' Association. The Committee urged the Government to supply detailed and precise information on all the points raised in its report due this year on the concrete measures taken to ensure full conformity with the Convention, both in law and in practice. The Committee expressed the firm hope that it would be able to note concrete progress in this case next year. The Committee decided that its conclusions would be placed in a special paragraph of its report.

Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

A Government representative stated that, with regard to the issue of trade union diversity within an enterprise, Ethiopian labour law provided for the possibility of forming multiple industrial federations and confederations, although it permitted the formation of only one trade union per enterprise. This limitation had its origins in the history of the trade union movement in Ethiopia and his Government's lack of experience with regard to the possibility of having multiple unions at the enterprise level. Consultations conducted on this issue revealed that the trade unions believed that the current legislation made them stronger and that introducing multiple unions in an enterprise would weaken their collective bargaining position. The employers' organizations in Ethiopia also supported this longstanding practice and considered that it helped maintain industrial peace in the country. Therefore, the law reflected both the positions and practices of the social partners. The Government did not intend to modify the national legislation in this regard since there had never been a problem in applying the law or enforcing workers' rights to establish and join trade unions of their choice. Noting the longstanding nature of this practice, the Government representative stated that this was the first year that the Committee of Experts had requested the Government to guarantee the possibility of trade union diversity at the enterprise level. He assured the Committee that, in principle, Ethiopia was not opposed to this possibility. Therefore, his Government would hold tripartite discussions to determine the appropriateness of amending the labour law to bring it into conformity with the Committee of Experts' comments.

Referring to the exclusion of teachers from the labour legislation, the Government representative noted that the Ethiopian Teachers' Association was established in 1964, in accordance with the provisions of the Ethiopian Civil Code. Since that time, it had remained active in Ethiopia and had also affiliated with international unions. Following the adoption of the 1994 federal Constitution, teachers and other government employees had been guaranteed the right to form trade unions and other associations in order to bargain collectively with employers or other organizations affecting their interests. In accordance with the relevant constitutional provisions, the Ministry of Labour and Social Affairs and the Civil Service Commission had been preparing draft procedures and regulations on the formation of trade unions and collective bargaining to be included in the draft civil service law. During the preparation of the draft law, the concerned government employees would continue to enjoy their rights of freedom of association and collective bargaining provided for under the Civil Code.

With regard to the power of the Ministry of Labour and Social Affairs to cancel the registration of trade unions under certain circumstances, the Government representative noted that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. Therefore, the administrative authorities would not have the power to dissolve or suspend organizations. The Ministry was currently awaiting approval of the amendment and its adoption would be communicated to the Office. In this regard, the speaker thanked the ILO Area Office in Addis Ababa for facilitating the organization of the tripartite discussion on this matter.

Finally, the Government representative referred to the procedures in Ethiopian legislation on the exercise of the right to strike. First, he noted the nature of the dispute resolution mechanisms which must be utilized before a strike may be called. This binding procedure was handled by a para-judicial body, the Labour Relations Board, which sought to resolve labour disputes and served as a body of last resort before a strike was called. He believed that there was a misunderstanding on this point since the Committee of Experts apparently considered that the Labour Relations Board formed part of the Ministry of Labour and Social Affairs, while in fact the Board functioned as an independent tripartite body. Therefore, the issue of binding arbitration would not arise. Secondly, he referred to the definition of essential services in the context of the right to strike, noting that the issue of limiting the definition of essential services was being discussed in the Ministry. In its review of the matter, the Government was also seeking information from other countries regarding their experiences. At the appropriate stage, it would also seek assistance from the Office to provide technical support in organizing tripartite discussions on the matter.

In conclusion, the Government representative expressed regret for any delays in reporting as well as in performing certain undertakings, such as enactment of the suggested legislative amendments. Despite the adverse circumstances in his country, which included severe drought and a war, the Government representative reiterated Ethiopia's commitment to comply fully with ratified ILO Conventions.

The Worker members noted that this was a serious case which had been before the Committee on numerous occasions and that, throughout the past seven or eight years, Ethiopia had repeatedly promised to bring its legislation into conformity with the provisions of the Convention. The Worker members attributed the Government's non-compliance in this regard to the position taken by the Government representative in his statements denying any violations of the Convention.

Ethiopian legislation effectively established a trade union monopoly at the enterprise level. Referring to the comments made by the Committee of Experts, the Worker members indicated that, since 1993, the Committee had been urging the Government to amend its legislation. While acknowledging the adverse circumstances Ethiopia was facing, the Worker members nevertheless pointed out that the issues before the Committee had been raised prior to the outbreak of the war and that the Government's response at that time had been no quicker. Referring to the second sentence in the comments of the Committee of Experts regarding Ethiopia's interference in trade union activities, the Worker members stated that the Committee of Experts' sentence referred to incidents of abuse of power. Last year, a long list of examples had been cited of the Government's interference, including the murder, arrest and imprisonment without trial of trade union leaders and their mistreatment while in prison, which had led to the deaths of two trade union leaders. The Government's argument that these trade union leaders had been jailed for engaging in terrorist activities was not credible.

Referring to the case of the President of the Ethiopian Teachers' Association, Dr. Taye Woldesmiate, the Worker members referred to the findings of the Committee on Freedom of Association which had strongly urged the Government to take steps to secure Dr. Woldesmiate's immediate release. The Committee of Experts had not referred to the conclusions and recommendations of the Committee on Freedom of Association, nor had the Committee of Experts reacted to the issues raised in the Conference Committee's discussions on Ethiopia. The Worker members deplored this.

The Worker members noted that the conclusions and recommendations of the Committee on Freedom of Association stemmed from its examination of Ethiopian law and practice. It was therefore appropriate to cite those findings, particularly those interim recommendations urging the Government to ensure that all union members and leaders detained or charged were released and that those dismissed were reinstated in their jobs and given compensation for lost wages and benefits.

The Worker members noted that, since last year's Conference, Dr. Woldesmiate had been convicted on charges of conspiracy against the State and sentenced to a prison term of 15 years. The ICFTU had alleged that the trial was improperly conducted and that Dr. Woldesmiate's due process rights had not been observed. An Ethiopian judge who had raised the question of the independence of the judicial system had been dismissed. Noting that this case was still before the Committee on Freedom of Association, the Worker members hoped that the Committee of Experts would take those proceedings into account.

This was clearly a case for a special paragraph since it involved serious and protracted violations of a fundamental Convention. While the Government had made repeated statements promising to comply with the Committee of Experts' requests, the Worker members wished to see the Government take measures immediately and report on the steps taken to satisfy fully the recommendations made by the Committee of Experts before its November meeting, including the answers to the points raised by the Committee on Freedom of Association in paragraph 236(a), (c) and (d) of its most recent report on Case No. 1888. Noting the Government representative's statements that work on the legislative amendments could be completed quickly, the Worker members saw no reason why the Government could not report on these amendments before the Committee of Experts' next session. If the Government of Ethiopia committed itself to this undertaking, the Worker members would refrain from requesting a special paragraph and would be willing to wait and assess the matter again next year. Otherwise, the Worker members would be forced to request the Committee to express its grave concern and to place these concerns in a special paragraph.

The Employer members noted that this case had been discussed at the past two sessions of the Conference Committee and was once again before the Committee. The observation of the Committee of Experts repeated its previous comments, adding only that the limitation of one trade union per undertaking applied only to those undertakings with 20 or more workers. The Employer members pointed out that the legislation in question also excluded teachers, state administration officials, judges and prosecutors from the scope of application of its provisions on the right to organize. While judges and prosecutors might not be the most typical representatives of workers in the civil service, the Employer members nevertheless considered that these exclusions constituted a clear violation of the principle of freedom of association established in the Convention. With regard to the powers vested in the Ministry of Labour to cancel the registration of unions, the Employer members considered this to be in clear violation of the Convention. In respect of the broad restrictions on the right to strike and the Committee of Experts' definition of essential services the Employer members recalled their longstanding reservations in this regard. In conclusion, little had been done by the Government in recent years to bring its law and practice into conformity with the requirements of the Convention.

The Employer members recalled the Government's statement to the Conference Committee in 1994 that new legislation was being drafted to bring Ethiopian law into compliance with the Convention. This statement had also been made to the Conference Committee in 1999. Referring to the Government representative's statement that restrictions limiting the establishment of trade unions to one union per enterprise was in the interests of both employers and workers, but that the possibility of establishing more unions could be discussed in a tripartite committee at the national level, the Employer members pointed out that the Convention established workers' and employers' rights to establish and join organizations of their own choosing to promote their occupational interests. The Government needed to provide for the possibility of trade union diversity in order to conform with the requirements of the Convention and this subject was not appropriate for tripartite consultation, since trade union pluralism was one of the essential principles of the Convention.

The Employer members noted the Government representative's statements that legislative amendments would be possible in respect of teachers' right to organize and that new legislation was under examination with regard to the cancelled registration of former unions. However, the Employer members pointed out that the information provided by the Government was too vague and that it should supply detailed answers to the Committee of Experts' comments. Therefore, the Employer members recommended that the Committee's conclusion should urge the Government to supply a detailed report indicating steps taken to amend Ethiopian legislation and practice in order to comply with the Convention. Alternatively, the statements made by the Worker members recommending that a special paragraph be issued by the Committee should be considered.

The Worker member of Rwanda stated that the Ethiopian case was very serious in that not only legal texts but also human lives were at stake. The Government had continued to destroy these unions which were not under its control. The Ethiopian Teachers' Association (ETA) had been harassed since 1993: on 3 June 1999 its President was sentenced to 15 years' imprisonment and two of its leaders had died in prison following harsh treatment. The Government of Ethiopia must respect the life of trade union members, end harassment of the ETA, free imprisoned trade union members, reinstate them in their positions, and ensure the application of Convention No. 87.

The Worker member of the United Kingdom joined in the comments made by the Worker members as well as those made by the Worker member of Rwanda. He stated that the Ethiopian Government's interference with trade union activities had not only extended to control of the national centre of the Central Ethiopian Trade Union (CETU), but also to eight of its affiliates over the past few years. He noted that, since the beginning of 1999, the Government had constantly harassed the International Federation of Banking and Insurance Trade Unions (IFBITU) which was the one remaining affiliate still independent of government influence. In addition, trade unionists allied to IFBITU President Abiy Melesse had been intimidated, harassed and detained, with many having been forced into exile. In 1999, the Ethiopian authorities placed further pressure upon the leadership of the union, marginalizing it in four out of the five institutions where it was organized. Government security forces were deployed to prevent union leaders from entering their offices. Subsequently, illegal trade union elections were held and the new leadership took the union back into the CETU, thereby placing it under government control.

He emphasized that IFBITU President Abiy Melesse now feared for his life. He recalled that the supervisory bodies of the ILO had repeatedly observed that it was impossible to exercise trade union rights effectively in an atmosphere of fear and violence. He endorsed the comments made by the Worker members and the Worker member of Rwanda with regard to the continued detention and lack of due process in the case of the President of the Ethiopian Teachers' Association, Dr. Woldesmiate, whose case had been followed with great concern, not only by the ILO and the international trade union movement, but also by teachers' unions affiliated to the TUC in the United Kingdom.

He concurred with the Worker members' statements that allegations that the President of the Ethiopian Teachers' Association was a terrorist were simply not credible. Noting the seriousness and longstanding nature of the case, he joined the Worker members in calling for the Committee to issue the strongest conclusions possible in respect of this matter.

The Worker member of Greece said that the tragic situation of Ethiopian workers could not be reflected in a page and a half of comments. While it was true that in any organized society the different categories of workers did not have the same possibilities of free speech, it was very disturbing to know that in Ethiopia even judges and public prosecutors could not set up associations to defend their professional interests. In these conditions, it was difficult to imagine that unskilled workers or agricultural workers would have the right of free speech.

Moreover, little pleasure could possibly be felt concerning the return to dialogue with the Government of Ethiopia given that the announcement that the law would shortly be modified had been made in 1994. Six years after this statement, the Government should undertake to act within a definite time frame. Invoking old practices was no excuse for new delays.

The Worker member of Senegal noted that following accession to independence, governments had been able to lure trade unions into participating in united fronts with a view to economic reconstruction of their countries. This period was now over and trade union pluralism was today a reality in Africa. The observations made by the Government representative of Ethiopia were not acceptable. This was why this case should be mentioned in a special paragraph. It would also be appropriate to consider other measures that could be envisaged to bring an end to the harassment of the Ethiopian workers and ensure that they enjoyed freedom of association and the right to organize in order to defend their interests.

The Government representative of Ethiopia stated that he had listened carefully to the comments made by the Employer members and Worker members as well as other speakers and thanked those who had made constructive comments and suggestions. As in previous years, some delegates had again raised the issue of cases concerning some of the former members of the executive committee of the Ethiopian Teachers' Association, particularly referring to the trial and conviction of Dr. Taye Woldesmiate. In the past, his Government had provided detailed responses to these allegations. Referring to the case of Dr. Woldesmiate, the Government representative asserted that the trial and conviction was not related to Dr. Woldesmiate's former membership in the Ethiopian Teachers' Association. He maintained that Dr. Woldesmiate had been duly charged, tried and found guilty for engaging in violent actions against the public order. He had defended himself with a lawyer of his choice and the constitutional guarantees of a speedy and impartial trial had been fully observed, as had his human rights during detention. Noting that this matter was being discussed in the Committee on Freedom of Association, he offered to provide the English translation of the court's judgement once it became available. He also assured the Committee that, in accordance with the request made by the Worker members, his Government would supply all information on progress made in connection with the case of the Ethiopian Teachers' Association.

He stated that the problems relating to the Industrial Federation of Banking and Insurance Trade Unions (IFBITU) had been resolved and that the IFBITU was now an affiliate member of the Confederation of Ethiopian Trade Unions. Concerning the amendments to the Labour Proclamation, Ethiopia had fully committed itself to bring its legislation into conformity with the provisions of ratified Conventions. He noted that the issue of the cancellation of registration of unions had already been resolved and that the power to cancel the registration of such organizations had been vested exclusively in the Ethiopian courts. The Government would notify the Office as soon as this amendment was adopted.

In connection with the issue of the right to organize of civil servants, including teachers, progress had been made in this area. The Federal Constitution and the Ethiopian Civil Code fully guaranteed the right to form trade unions and the right to collectively bargain. What had been lacking previously were procedures and regulations determining the manner in which civil servants exercised these rights. These procedures and regulations had been under consideration for a long time and were now finalized. He again informed the Committee that these procedures might well be adopted by the end of this year. The Government representative assured the Committee that his Government would submit reports on the follow-up measures requested by the Committee of Experts and the Conference Committee before the end of 2000 and reiterated that his Government would continue to extend its full cooperation to the ILO supervisory mechanisms. He reaffirmed Ethiopia's strong commitment to the fundamental principles of the ILO.

In response to comments made by the Worker members, the Government representative affirmed his Government's commitment to report to the Committee of Experts before its next session on the application of the Convention in practice, including providing detailed responses to all the issues raised in the Committee of Experts' comments and providing evidence of tangible progress made in amending the legislation concerned to bring it into conformity with the Convention. He noted the problem with the issue of the right to strike, concerning essential services, but maintained that the moment was not propitious to finding a solution. Ethiopia was attempting to obtain information from other countries on their experiences in this regard and might not have completed its study within the next six months. However, he agreed to provide a detailed report to the Committee of Experts on all concrete progress made in this regard.

The Worker members referred to what they had said in their first statement on the need for a special paragraph, since they noted that the Government representative had not given any prospect for future action to be taken by Ethiopia. It was necessary to make progress in a case which had been at a standstill for years. While recognizing that this case had some complex aspects that could not be resolved overnight but on which the Government apparently was working, notably the problem related to the essential services, the Worker members nevertheless wished to see evidence of the Government's commitment.

The Worker members did not agree with the Government representative that the union members and leaders mentioned were "former members" of the Ethiopian Teachers' Association, but rather considered them the leaders of that union who had wrongfully been pushed out of their jobs. Moreover, it was not enough for the Government to provide information on the legal proceedings against Dr. Woldesmiate. The Worker members wanted the Government to provide specific responses on the issues regarding the lack of due process in Dr. Woldesmiate's trial raised in the proceedings before the Committee on Freedom of Association. The Worker members also requested responses from the Government on the issues raised in the interim recommendations of the Committee on Freedom of Association regarding the release of detained members and leaders of the union, as well as reinstatement and compensation for those union members and leaders dismissed from their jobs.

The Worker members requested the Government to provide responses to the Committee of Experts before the end of the year on three main points. First, they requested detailed responses regarding Ethiopia's application of the Convention in practice. Second, they requested the Government to report to the Committee of Experts before the end of the year on measures taken to bring the law into conformity with the Convention. They noted the Government representative's statements that Ethiopia was not opposed to establishing the possibility of trade union pluralism subject to the opinions of employers' or workers' organizations. On this point, however, the Worker members concurred with the Employer members, noting that regardless of the opinions of the social partners, the Government was required to bring its legislation into conformity with the Convention. The Worker members wanted nothing more nor less than to hear that the Government had complied with its obligation in this regard. As to the issue of the cancellation of the registration of trade unions, the Worker members requested the Government to report to the Committee of Experts in detail on the manner in which this problem was resolved. In addition, with regard to the right to strike and the definition of essential services, the Worker members noted that the Government was conducting a comparative study on this issue. The report provided should nevertheless reflect the progress made in this area and should identify the technical assistance needed from the multidisciplinary advisory team in Addis Ababa. The Worker members would consider it acceptable if the report provided evidence of compliance on the first two points and evidence of progress on the third point.

In response to comments made by the Government representative, the Worker members stressed that, since the Government was apparently close to amending its legislation, it should be able to report tangible progress in this regard. In light of the Government's undertaking to provide before December next full and detailed reports on the three points mentioned, including evidence of compliance with the Committee of Experts' requests, the Worker members agreed to defer consideration of a special paragraph.

The Employer members found that the issues in the case were quite clear. With the exception of the question of the right to strike, which they viewed in a different light from the Worker members, all of the other matters raised by the Committee of Experts required amendments to the legislation and changes in national practice. They regretted that the statement by the Government representative had been rather vague and unclear. In particular, his position on trade union pluralism, and his statement regarding its dependency on tripartite consultation, was simply inappropriate. The Government should provide a detailed reply addressing all the points raised by the Committee of Experts, which could assess whether the Government was prepared to amend its law and practice. The Government should be sent a very urgent reminder that action was required to give effect to the Convention, and not merely promises. A clear and precise report should therefore be supplied promptly, which could provide a good basis for the Committee to discuss the case once again next year.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. The Committee shared the serious concern of the Committee of Experts with regard to the trade union situation, and in particular in relation to the Government's interference in trade union activities. The Committee was deeply concerned by the fact that a serious complaint remained pending before the Committee on Freedom of Association concerning government interference in particular with the functioning of the Ethiopian Teachers' Association and the detention of its president since May 1996, as well as the arrest, detention, dismissal and transfer of other leaders and members. It recalled that the Committee of Experts had requested the Government to indicate the precise provisions permitting teachers' associations to promote the occupational interests of their members and to provide information on the progress made in adopting legislation to ensure the right to organize for employees of the state administration. It also recalled the concern raised by the Committee of Experts about the cancellation of the registration of a trade union confederation, as well as broad restrictions placed on the right of workers' organizations to organize their activities in full freedom. The Committee strongly urged the Government to take all the necessary steps as a matter of urgency to ensure that the right of association was recognized for teachers to defend their occupational interests, that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities and that workers' organizations were not subject to administrative dissolution, in accordance with the requirements of the Convention. It urged the Government to respect fully the civil liberties essential for the implementation of the Convention. It recalled that the International Labour Office was at the Government's disposal to provide the technical assistance which might be necessary to assist in overcoming obstacles to the full application of the Convention. The Committee took note of the statement of the Government representative committing itself to changing the legislation and bringing it into conformity with the Convention. The Committee requested a report before the end of this year about the last question in the observation of the Committee of Experts. The Committee urged the Government to supply detailed and precise information on all the points raised in its report due this year to the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention, both in law and in practice. The Committee expressed the firm hope that it would be able to note concrete progress in this case next year.

Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

A Government representative expressed his surprise to have been called to address this Committee this year since the cases on which the Committee of Experts had made comments were considered by this Committee at the 86th Session of the International Labour Conference. At that time, the Ethiopian delegation appeared before this Committee and provided a detailed explanation on concerns raised with regard to the application of Convention No. 87 by Ethiopia. At the conclusion of the discussion, the Conference Committee made recommendations and asked the Ethiopian Government to supply a detailed report for the subsequent session of the Committee of Experts. Accordingly, detailed reports were furnished to the Committee of Experts and the Committee on Freedom of Association with the necessary documents, including a translation of a supporting court decision. In these reports, the Government explained the concrete measures taken to ensure full conformity with Convention No. 87 both in law and practice. In this regard, the active and ongoing consultation with the social partners with a view to amending the Labour Proclamation was one concrete example of the efforts undertaken by the Government to continue to fully comply with the Convention. This exercise bore witness to the fact that the comments made by the Committee of Experts and the discussion held in this Committee in 1998 had been taken account of. While the Government highly appreciated the constructive comments and suggestions which would contribute to the ongoing tripartite dialogue in the country, it considered that the repetition of these comments this year was unwarranted and that this Committee should have waited for the conclusion of the discussion and the conclusions of the Committee on Freedom of Association. As such, the Ethiopian delegation did not wish to burden the Committee by repeating the views of the Government already presented last year on the same set of issues and only wished to highlight some of these issues. With regard to the former members of the Executive Committee of the Ethiopian Teachers' Association, the Federal High Court in Addis Ababa had ruled that "... as the name itself states, the Ethiopian Teachers' Association is an association established by teachers. It, therefore, logically follows that it is only members of the association who as per the rules of the ETA could elect their representatives. Hence, the Court has no jurisdiction to determine which of the disputing Executive Committees is the legal representative of the ETA. The matter has to be left to the ETA's General Assembly decision ...". Therefore, the Court in its decision did not give legitimacy to any of the Executive Committees including the one held by Dr. Taye Woldesmiate. Rather, it empowered the ETA's General Assembly to rule on the legitimacy of the Executive Committee. On the basis of this decision, the ETA General Assembly was called on 18 October 1995 and freely elected the new Executive Committee members. The Court also passed decisions on the management of the property and the assets of the ETA. There was no unilateral action whatsoever which the Ethiopian Government has taken in this regard. Detailed responses with the English translation, of the High Court decision has been provided to the Committee on Freedom of Association. With regard to Dr. Taye Woldesmiate, a former Executive Committee member of the ETA, the Government representative recalled that the Ethiopian Government had repeatedly stated the reasons for his arrest and trial. Currently, the cases of Dr. Woldesmiate and his accomplices were before the second division of the Federal High Court. Dr. Taye Woldesmiate had been held humanely with full respect for his person. Consequently, the allegations of mistreatment were totally unfounded. He had been put on trial for reasons totally unrelated to his activities as a former member of the Executive Committee of the ETA. The charges brought against him related exclusively to his role with the other defendants in an attempted armed uprising to forcibly overthrow the Ethiopian Government. With regard to the recommendations for the amendment of the Labour Proclamation, the Government representative recalled that the Ministry had been holding consultations with the social partners with a view to drawing up concrete proposals to submit to the Government in due course. Any amendment or promulgation of a new law would be carried out in accordance with the priorities and work programme of the legislature. Finally, the Government representative reiterated that the Government would continue to extend its full cooperation to the ILO's supervisory bodies and that the ratifications of the three fundamental ILO Conventions by the Ethiopian Government demonstrated its strong commitment to the fundamental principles of the ILO.

The Worker members recalled that this case had been discussed last year. However, during the past 12 months there had been no respite in the Ethiopian Government's repression of any trade union which was not under its control or that of its supporters. The Worker members provided the example of the national trade union centre, the Confederation of Ethiopian Trade Unions (CETU) which had been deregistered in 1994 by the administrative authorities, in line with provisions of the 1993 labour law, following the Confederation's criticism of the harsh structural adjustment policy implemented in the country. The authorities reregistered the Confederation in 1997, under a new leadership which was acceptable to the Government. All but one of the nine federations affiliated to the CETU had been brought under government control. One remaining federation, the Industrial Federation of Banking and Insurance Trade Unions, remained free from government interference in 1998, but reported that the authorities constantly interfered in the affairs of its member unions. At the Ethiopian Insurance Corporation, an unconstitutional branch meeting was organized with only a minority of members present, and appointed new union officials. Similar events took place at the Construction and Business Bank. In September 1998, during the first round of redundancies, the president of the Banking and Insurance Federation was forced to take voluntary retirement from his position at the Ethiopian Insurance Corporation -- despite the legislative provisions which provide that trade union leaders should be the last to be made redundant. This also meant that he was no longer able to continue as president of the union. Sixty-nine other trade union leaders and members also lost their jobs at the Insurance Corporation.

For the Worker members, the most severe harassment continued to be directed at the unaffiliated Ethiopian Teachers' Association (ETA). They recalled that in December 1994, after a legal challenge from a government backed breakaway faction of the ETA, a court had ruled that the ETA leadership of Dr. Taye Woldesmiate was indeed the legitimate leadership. The breakaway group appealed and the court froze the ETA's bank account. It appeared that over time all their offices had been seized by the security forces and handed over to the breakaway group. ETA harassment only began after the association started to question aspects of the Government's educational policy and to bargain collectively on teachers' pay and conditions of work. In 1997, the Assistant General Secretary of the ETA, Mr. Assefa Maru, was killed by security forces. No independent investigation took place into the murder. Shortly after the murder of Mr. Maru, the ETA General Secretary, Mr. Gemoraw Kassa, went into exile. On 13 August 1998, the ETA head office was occupied and sealed by 30 people, comprising police, security forces and members of the breakaway group. Two members of the union's Executive Committee were detained for seven hours. Tenants in the building were told in future to pay their rent to the Government and not to the ETA. The Worker members further gave examples of events where the police broke up a seminar organized by the ETA, broke into ETA offices and arrested ETA members. Despite two court appearances, ETA members were not prosecuted. One of the ETA members, the acting General Secretary, Mr. Shimales Zewdie, who suffered from tuberculosis, had been held in a cell with around a dozen others and denied medication. All were released on 15 October. In April of this year, the ETA acting General Secretary, Mr. Shimales Zewdie, died as a result of serious health complications following his imprisonment.

The Worker members recalled that the President of the ETA, Dr. Taye Woldesmiate, who had been arrested in May 1996, had now been in prison for three years. He had been charged with conspiracy against high-level government personnel in August 1996, and needless to say, denied bail. Early in 1997, two of the most serious charges against him were dropped. The two main prosecution witnesses had retracted their evidence, stating that evidence had been extracted under torture. One of the prosecutions' witnesses was Dr. Woldesmiate's co-defendants, Kebite Desita, the President of the Retired Teachers' Association, affiliated to the ETA, who had also been in prison for three years following his arrest in March 1996. Dr. Taye Woldesmiate appeared in court once again in July 1998. On this occasion, he said that prison guards had been harassing him and had threatened to shoot him. The judge replied that he had no power over the prison administration and ordered him to remain handcuffed until his next court appearance on 15 September. He actually remained handcuffed until 28 September. His handcuffs were removed once a day when he was allowed to go to the toilet. In August 1998, Amnesty International issued an urgent appeal on behalf of Dr. Taye Woldesmiate and the cruel, inhuman and degrading treatment he was receiving. Amnesty International reported that his cell had no natural daylight and that an electric light was switched on for 24 hours a day. In 1999, Dr. Taye Woldesmiate appeared in court several times but the case was adjourned each time because of the illness of his co-defendant, Kebite Desita. On 29 March this year, after three years in prison and of ill-treatment, Kebite Desita died in prison. On 3 June 1999, Dr. Taye Woldesmiate was convicted on the false charge of conspiracy to overthrow the State. The conviction carried a possible sentence of five to 25 years in prison, or death. The Worker members were outraged at this conviction. Needless to say, there were serious questions about the whole process of the trial. Changes to the judiciary had raised serious questions about its independence.

The Worker members observed that, in its observation, the Committee of Experts noted with serious concern the grave allegations in respect to Ethiopia which had been brought before the Committee on Freedom of Association. The Committee of Experts also noted that Ethiopia's 1993 Labour Proclamation excluded teachers from its scope of application. Furthermore, workers in the state administrations, judges and prosecutors could not join trade unions. There were broad restrictions on the right to strike, and essential services were given too broad a definition. Labour disputes could be reported to the Ministry of Labour by one of the parties for conciliation and binding arbitration. They recalled that, one year ago, they expressed the wish to come back to this case this year in order to measure whether there had been any progress. However, despite the Worker members' efforts to hold a dialogue with the Government, the situation had in fact deteriorated. Despite the Committee's conclusion requesting the Government to reopen dialogue with the ETA, this had not taken place. Instead three of its leaders were now dead and another one was still in prison because of their trade union activities. The Worker members demanded the immediate release of Dr. Taye Woldesmiate, and demanded that the Government guarantee the safety of ETA leaders as they tried to meet with their members in various regions of the country. For the Worker members, Ethiopia was guilty of the most brutal treatment of trade unionists. The strongest language possible should be used and the Committee's conclusion of last year needed to be reiterated.

The Employer members stated that no new information had been provided since 1998, when the case had been discussed by the Conference Committee. Referring to the exclusion of teachers from the scope of application of the labour legislation, they stated that the Government had already indicated in 1995 that it was drafting a Bill to amend the existing legislation, which blatantly violated the provisions of the Convention. With reference to a case where trade union leaders had been removed, he noted from the Committee of Experts' report that the Government had lodged an appeal on this decision. Although the Government representative had provided some oral information on this case, written information was required to enable the Committee to examine the Government's compliance with the principles enshrined in the Convention. The Employer members further stated that the Ministry of Labour had cancelled the registration of the former CETU, which was tantamount to extensive government interference in the right on freedom of association, and a violation of the Convention. As regards the restrictions on the right to strike imposed by the Labour Proclamation, the Employer members disagreed with the Committee of Experts' definition of "essential services" which it considered too broad. The Government could therefore not be requested to follow the Committee of Experts' recommendations in respect of "essential services". In conclusion, the Employer members acknowledged the large number of discrepancies between the legislation and the provisions of the Convention. The Government should therefore be urged to take serious action in order to bring its law and practice into conformity with the Convention.

The Worker member of Ethiopia disagreed with the Committee of Experts' observations to the effect that trade union leaders were nominated and removed by the administrative authorities. He assured the Committee that no trade union leader had been proposed by the Government. The Labour Proclamation clearly laid down that workers could freely elect their representatives. As regards the need to amend the Labour Proclamation, he acknowledged that labour legislation failed to include important provisions and that certain sections were ambiguous. In this regard he strongly endorsed the Committee of Experts' request to the Government to amend the labour legislation and indicated that his Confederation had been collaborating with other organizations to that end. He explained that having identified the inadequacies of existing labour legislation, certain amendments had been prepared by the workers and would be submitted to the National Symposium. He also mentioned that in support of these efforts, the East Africa Multidisciplinary Team was playing an important role in coordinating and bringing together the social partners. Finally, he pointed out that Ethiopia had ratified 19 ILO Conventions, six of which were core Conventions. In this regard, he supported and encouraged the Government to ratify more Conventions in order to increase the protection of workers' rights.

The Worker member of the Netherlands underlined that the present regime in Ethiopia had promised fundamental changes in the legislation but that no changes had been implemented to date. He stated that the Government, just as the Dergue regime, had been trying to use the trade union movement as a transmission belt for its own political purposes. This was clearly illustrated by the fact that the CETU had refrained from criticizing the Government's position. He then brought the Committee's attention to a number of trade unionists, which he named, and who had recently disappeared without trace. He accused the Government of using the conflict with Eritrea to abduct trade unionists. Finally, he again questioned the Employer members' stance on the right to strike, and in particular the discrepancies between their positions in the Conference Committee, on the one hand, and in the Committee on Freedom of Association, on the other.

The Worker member of Ghana expressed his full support of the statement made by the Worker members but wished to emphasize a few points. The statement made by the Government in defence of the serious violations of the Convention was all too familiar. In fact, in his view, there had been absolutely no improvement in the situation in Ethiopia as far as this particular case was concerned. As far back as 1994, the Government had stated in its report that it expected to adopt a new law "in the very near future" to redress the issue of the violation of the Convention raised by the Committee of Experts. Five years later, this law had still not been adopted. It was apparent that the Government of Ethiopia did not intend to take measures to improve the situation of teachers and that other workers in Ethiopia would continue to suffer serious denials of basic human rights. Furthermore, it was not a matter for the Government of Ethiopia or for any other government for that matter to decide on behalf of workers which associations or unions they should become members of. Such acts constituted gross and blatant violations of the Convention and should not be allowed. He therefore suggested that the Government should not only be criticized in the most serious terms possible, but that it should also be requested to bring its law and practice into conformity with the provisions of the Convention as a matter of urgency. Finally, in referring to the statement made by the Worker member of Ethiopia, he denounced the Government representative's apparent efforts to extract a statement from the workers' benches endorsing the Government's actions but trusted that the Committee would be fully able to evaluate the merits of the statement made.

The Worker member of Germany noted with deep concern the present situation as illustrated by the Committee of Experts and the Committee on Freedom of Association in the country regarding freedom of association. A report, published by the ICFTU a few days ago, had also illustrated the serious violations of the Convention in the country. For this reason, a German trade union had addressed the Foreign Minister of Germany and the Prime Minister of Ethiopia. He further recalled that a leading union activist, Mr. Assefa Maru, had been murdered two years ago in Addis Ababa and the Secretary of the ETA, Mr. Tange, had been imprisoned. To date, no judgement had been pronounced. He further stated that, in general, union activists were frequently imprisoned, dismissed or tortured. Moreover, the restrictions concerning the right to strike were very serious. Referring to the privatization of the telecommunications sector, he considered that workers in telecommunications could not be considered workers of an essential service. In conclusion, he urged the Government to implement the recommendations made by the Committee of Experts and the Committee on Freedom of Association.

The Worker member of Senegal endorsed the observations of the Worker members and the long list of facts which bore witness to the serious violations of the Convention and stressed the importance of denouncing these violations in such international forums as the ILO. As regards the Committee of Experts' observations, which serve as a basis for the present Committee's work, he considered wholly unacceptable several of the serious issues raised, such as the question of forced dismissal of trade union leaders. He underlined the importance of the ILO's nominative function in the legal arsenal of member States. However, he expressed his doubts that the forthcoming legislative amendments announced would serve only as a delaying tactic. He also questioned the capacity and the extent of government interference in seeking to replace organizations which had been freely elected by government-controlled organizations.

The Government representative thanked all the speakers for their comments and endorsed a number of points raised. However, he expressed his profound disappointment in respect of statements made by a number of speakers and completely rejected any suggestion that his Government was blatantly violating the Convention. He mentioned that, for the first time in the history of his country, trade unions enjoyed real freedom of association. He also showed his appreciation for the constructive comments of the Committee of Experts and stated that legal amendments to the Labour Proclamation would be passed in due course. However, he pointed out that such amendments took a considerable length of time and were dependent upon the Government's legislative agenda. As regards Dr. Taye Woldesmiate, he recalled that the charges against him were still being deliberated before the courts and that, in any case, they were not related to his trade union activities. As regards the incident between the police forces and Mr. Assefa Maru, he also recalled that Mr. Assefa Maru had died in an exchange of gunfire when he refused to surrender and that these facts had been clearly established. As regards the issue of deportation, he indicated that it was still under discussion with the tripartite committee. This issue had been introduced to the Governing Body under the false pretence of non-observance of ratified Conventions, and the Governing Body had established a tripartite committee to examine the matter. Hence, it would be adequately addressed by that committee. He indicated that he would not go into detail, but that he wished to inform the Committee that deportation was taking place in full conformity with its international obligations and the relevant national laws. Finally, he reiterated his Government's strong commitment to the principles of the ILO.

The Government representative of Eritrea initially thanked the Committee for its efforts to halt the blatant violations of human rights in Ethiopia. He expressed his regret at hearing a worker betray workers' principles and wished to give evidence in respect of the actual violations of the Convention which had been brought to his attention. He declared that thousands of workers and members of executive committees of trade unions had been deported from Ethiopia to Eritrea on the alleged grounds that they were of Eritrean origin. He maintained that some 60,000 workers had been deported and had also been denied the right to wages earned. He also denounced the alleged practice of maintaining and exposing prisoners to prison conditions which endangered their health. He concluded by strongly condemning the behaviour of the Ethiopian Government.

The Government representative of Ethiopia wished to put on record his most serious disagreement with the misrepresentations made by the Government member of Eritrea. In his view, these statements constituted a serious affront to this Committee and a flagrant abuse of this forum. This Committee should not be used to advance narrow political agendas. In any event, he wished to clarify that the deportations of Eritreans, which had taken place in Ethiopia, related to Eritreans whose clandestine presence in Ethiopia could not be accepted on grounds of national security. These events had nothing to do with the issues presently under discussion.

The Worker member of the Netherlands stated that he believed that the two previous interventions were irrelevant in the context of the Committee's work.

The Worker members called on the CETU to clearly show that they were representing workers' interests and that they were not Government appointees. As regards the position of the Employer members on the right to strike, they made a reference to two resolutions which had been adopted by the Conference in 1957 and 1970.

The Employer members referred to the question, of a more technical nature, raised by the Worker members, regarding the presentation of the Employers' view on the right to strike. In this respect, they recalled article 7 of the Standing Orders of the Conference defining the mandate of the Conference Committee, which had been in existence since 1926 and which differed from the Committee of Experts' mandate. Moreover, the Committee on Freedom of Association, established in 1950, had similar functions to the Fact-finding and Conciliation Commission on Freedom of Association. Its task was to compile facts on the subject in question and to undertake an initial evaluation. In this regard, it was of no importance whether a State had ratified the Convention. The Conference Committee's mandate was in fact to examine the application of ratified Conventions. In this regard the positions expressed by the Employer members had been first discussed among themselves and subsequently presented to the Committee by its spokesperson.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. It was deeply concerned also with the Committee of Experts that the Committee on Freedom of Association had to examine, once again, very serious complaints against the Government. These complaints related to the removal of elected trade union leaders and the nomination by the administrative authorities of members of the executive committees of these trade unions, as well as the cancellation of registration of a trade union confederation and detention of trade unionists. It further deplored that the Government had not yet re-registered a teachers' association despite a court order to do so, and asked for information on the manner in which teachers' associations could promote their occupational interests given their exclusion from the scope of the Labour Proclamation. Recalling that last year it had expressed the firm hope that the Government would reopen dialogue with the Ethiopian Teachers' Association, the Committee noted with deep concern that the Committee on Freedom of Association had deplored the fact that trade union leaders have been detained without trial for more than three years. The Committee finally insisted on the urgent need to remove the discrepancies between the law and practice, and the Convention. It strongly urged the Government to take all the necessary steps without delay to ensure that the right of association was recognized for teachers to defend their occupational interests, that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities, and that workers' organizations were not subject to administrative dissolution in accordance with the requirements of Articles 2, 3 and 4 of the Convention. It asked the Government to respect fully the civil liberties essential for the implementation of the Convention. The Committee expressed the firm hope that the Government would supply detailed information in its report due this year to the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention both in law and in practice.

Individual Case (CAS) - Discussion: 1998, Publication: 86th ILC session (1998)

A Government representative of Ethiopia indicated that his Government had responded to all questions and comments made by the Committee of Experts and the Committee on Freedom of Association. Hence, he would limit his comments to some of the highlights of his Government's replies. With regard to the request by the Committee of Experts to indicate how teachers' associations, employees of state administration, judges, prosecutors and other categories of employees enjoyed the right to establish and join organizations for the promotion of their occupational interests, his Government had clearly indicated in its previous reports that civil service employees were governed by laws other than the labour law. Moreover, the Constitution of Ethiopia guaranteed civil service employees the right to organize and conclude agreements with their employers. To this effect, civil service reform programmes and specific legislation were under consideration.

The Committee of Experts had also referred to Cases Nos. 1888 and 1908, currently before the Committee on Freedom of Association. The Government had also replied to questions raised by the Committee on Freedom of Association. With regard to Case No. 1908 his Government had indicated that the executive office of the Federation of Commerce, Technical and Printing Industry Trade Union (FCTP) had requested the Ministry of Labour and Social Affairs to provide identity cards for its newly-elected leaders who had replaced those who had left the Federation for their own reasons. The Ministry, as the body responsible for the registration and certification of trade unions and their leaders, issued identity cards after examining the relevant documents. Hence the allegations presented to the Committee on Freedom of Association were unfounded. The Federation had also provided separate explanations to the Committee on Freedom of Association in order to clarify the situation and had requested that the allegation forwarded on its own behalf be rejected. It should also be mentioned that the FCTP was one of the eight federations that reorganized the CETU and that there was no case pending before the court with regard to this matter. Therefore the allegations amounted to sheer fabrication and misrepresentation by former trade union leaders. In this regard, he wished to inform this Committee that the appeal made by the former president of CETU to the Labour Division of the Federal High Court in connection with the cancellation of the registration of the former CETU was rejected by the Court and the Government had already sent the English translation of the court decision to the Committee on Freedom of Association. With regard to Case No. 1888 his Government had also forwarded its observations on all the comments of the Committee on Freedom of Association. In its submission, his Government had mentioned that the former president of ETA and five other persons were detained not for their membership in ETA or other trade union activities but because they were accused of having established a terrorist clandestine organization known as "National Patriotic Front of Ethiopia" and had undertaken an armed insurrection and terrorist activities against the Government and foreign nationals to ferment terror and anarchy in the country. They were arrested and brought to court in accordance with due process of law and their cases were still pending before the Central High Court. With regard to ETA the Constitution of Ethiopia provided 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". The Constitution also provided that all citizens, organs of state, political organizations, other associations as well as their officials had the duty and responsibilities to ensure observance of the Constitution and to obey it. However, associations set up for anti-social underground political commitments and for performing illegal activities were not accepted.

The most saddening situation was that the profession and the association had been abused by some members of ETA like Dr. Taye Woldesmiate. Since the Ethiopian Teachers' Association considered ETA to be the only organization of its kind and preferred to lead a hidden political agenda and terrorist activities, it was evident that legal action had to be taken. As such the Government of Ethiopia had neither the right, nor the interest to interfere in the internal affairs of trade unions or other associations. In addition, the question of funds and properties of ETA was before the competent court and his Government would inform the Committees when a decision was handed down. Similarly, the allegation that former ETA members were dismissed unfairly was totally baseless. The true state of affairs was that Ethiopian teachers took the initiative to reconstitute their association and elect new leaders. Normally, when newly-elected leaders take over the responsibility of an association, the former leaders had the right to go back to their former jobs. However, the former leaders of ETA did not choose to follow this pattern. As per their decision and choice, they remained out of jobs and the Ethiopian Government should not be blamed for such actions wilfully taken by these individuals.

With regard to the allegations, he explained that educational institutions functioned autonomously with the necessary authority, responsibility and accountability. Accordingly, universities and colleges could hire their teaching staff on merit and could fire them, when the need arose, for dereliction of duty, incompetence and other failures. These educational institutions had full-fledged academic freedom and had their own salary scale. Neither the Ministry of Education nor any other body could interfere in any decision made by the administrative body of the universities and colleges. Moreover, the teaching staff had full rights to be members of, or participate in, leadership bodies of the Ethiopian Teachers' Association (ETA). Their job security was maintained so long as they performed their duties and responsibilities. In closing, he reiterated the commitment of his Government to promote and fully respect the fundamental rights and freedoms enshrined in the federal Constitution and the international treaties that Ethiopia had ratified.

The Workers' members pointed out that the last occasion on which Ethiopia was examined under Convention No. 87 in this Committee was in 1992. At that time, the representative of the transitional Government announced the very welcome news that the country was experiencing a new era of peace and democracy. The transitional Government had issued a Democratic Charter which guaranteed, among other things, freedom of association, and it was also in the process of preparing a new Labour Code. A draft had already been prepared providing that workers could organize without interference from the public authorities. In particular, a single trade union system was no longer imposed, and the right to strike was recognized. However, as the Committee of Experts noted in its report, teachers were excluded from the scope of the application of Labour Proclamation No. 42/1993. Furthermore, a new law governing employees of the state administration, judges, prosecutors and others, which was expected to come into effect, had not yet been introduced.

At the same time as the new legislation was adopted in 1993, and when it appeared that there was now space for democratic freedoms, the practice of freedom of association in Ethiopia began to suffer new, immediate and severe setbacks. Firstly, by the end of 1994, the Ministry of Labour had cancelled the registration of the national trade union centre, the Confederation of Ethiopian Trade Unions, (CETU), because the Confederation had opposed the Government's harsh structural adjustment policy. CETU's offices were sealed, its bank accounts were frozen and its vehicles were immobilized. Although the High Court made two rulings ordering the Government to reopen the headquarters, unfreeze the bank accounts and reinstate Confederation property, the Government ignored the High Court rulings. The Government then began to encourage a breakaway faction in the national Confederation with a view to turning it into a pro-Government organization, and indeed it succeeded in this. In the second place and beginning in 1993, the Ethiopian Teachers' Association (ETA) began to face severe harassment and government interference in its affairs. The Government registered and recognized a breakaway group from the ETA which it could control, thereby effectively suspending the authentic ETA. It closed the ETA's bank account and the bank accounts of its regional offices. It closed down the regional offices. The Government transferred union dues to the breakaway group. Twenty ETA members, including all the union leaders were dismissed. Hundreds of teachers were transferred. In December 1994, the Government ignored a court ruling ordering it to recognize the democratically-elected ETA. The judge who made the ruling was dismissed shortly afterwards. The Government appealed against the decision -- which was adjourned until July 1998. On 19 March 1996, security forces invaded and ransacked the ETA head office. An executive committee member, Abata Angore, was beaten and detained for over one month. The union's president, Dr. Taye Woldesmiate, was arrested on 29 May 1996. His home was raided and belongings were taken. Dr. Woldesmiate was imprisoned in solitary confinement and for several months his hands were shackled for 24 hours a day. He was not allowed to see a lawyer nor his family until August that year when he was charged with conspiracy against high-level government personnel. Dr.Taye Woldesmiate was still in prison today although two of the most serious charges against him were dismissed by the High Court in February 1997. The remaining trumped up charge concerned incitement to armed uprising. At a hearing of the case against Dr. Woldesmiate in July 1997, two other defendants with the same charges said that the police had tried to make them incriminate him. In October 1997, another co-defendant said that he had been tortured to force him into incriminating Dr. Woldesmiate. On 8 May 1997, the police killed a member of the ETA executive council, Mr. Assefa Maru, who, it seemed they had intended to arrest. The Government refused to hold a public inquiry into the killing. Shortly afterwards, the ETA office in Addis Ababa was ransacked by police and security forces and 34 union members were detained. State-owned television subsequently attempted to link ETA executive committee members with an illegal terrorist organization. The ETA general secretary fled the country, fearing for his life. During the next few days, some 70 ETA members and other teachers were detained around the country for signing a letter denouncing the Government's repression against trade union and human rights organizations. In its reply to the Committee on Freedom of Association, which examined two complaints against the Government of Ethiopia in November 1997, the Government was unable to make any specific comments on a number of grave allegations in respect to the ETA, in particular the allegation that Assefa Maru was killed by the police.

The third specific aspect of government interference concerned the Federation of Commerce, Technical and Printing Industry Trade Unions -- a member of the CETU. The union had been experiencing constant harassment and interference from the authorities who wished to silence this and other federations affiliated to the national Confederation. In November 1996, members of the Government, backed by police and security officials, forced their way into the offices of the union. The union's treasurer, Mulatu Gurmu, was brutally assaulted. The elected leaders of the Federation were forcibly removed from office in 1996. The vice-secretary of the union was forced to flee the country in March 1997 after four attempts on his life and several police raids on his home during the night. By 1997, the national Confederation, CETU, was reorganized and held a congress on 22-24 April. Its headquarters and bank accounts were reopened. The Government registered the new organization in May 1997. It was curious, that on 24 April 1997, the last day of the CETU congress, the High Court confirmed the Ministry of Labour's 1994 decision to cancel the original CETU's registration. CETU's former president and other executive members fled the country in April 1997 fearing for their lives.

The Workers' members had many concerns in respect of this case. They included several aspects of the law, including the broad powers it appeared to give the Ministry of Labour, the application of the law in practice and the violent and repressive actions and attitude of the Government. Hence, the Workers' members wanted conclusions in the strongest possible terms in order to send the correct message in this case, and they wished to have the opportunity to come back to it next year for continued failure to implement the provisions of the Convention. They asked the Government to indicate whether it would be willing to receive assistance from the ILO in the above-mentioned matters unless there was substantial progress.

The Employers' members pointed out that this case contained problems in law and in practice. The Labour Proclamation of 1993 excluded teachers from its scope of application. In consequence, teachers' associations could not promote or protect their occupational interests. Moreover, on several prior occasions the Government had announced that new legislation governing employees of state administration, judges, prosecutors and the like would be enacted in the near future. However, the Government representative had not provided any information on when and to what extent this new legislation would be enacted. Turning to the exercise of freedom of association in practice, the Employers' members noted that trade union leaders had been removed and that the Government had appealed a judgement rendered by the High Court upholding the claims made by the leadership of the Ethiopian Teachers Association (ETA) that they represented Ethiopian teachers. This information illustrated the non-application of the principles set out in Convention No. 87. As a result, national legislation should first of all be reviewed and amended in order to comply with the provisions of Convention No. 87. Moreover, the Government should be urged to supply full and detailed information on the questions raised in the report of the Committee of Experts.

The Worker member of Swaziland indicated that this was a very serious case where fundamental rights were grossly violated: where the process of justice was obstructed; where the rule of law was not respected by the Government; where human life had no value; where job security had no meaning; where property rights were not respected; where there was no freedom of association; and where the operative word was adapt or die. The Government representative himself admitted guilt when he stated that the funds and property of CETU were in the custody of the competent authorities. This simply was not acceptable. When the CETU challenged the confiscation of its moveable and immoveable property, as well as the sealing of its offices before the High Court, a decision in its favour was obtained which was subsequently ignored by the Government. Consequently the speaker urged for the maximum condemnation of the Government within the authority of this Committee.

The Worker member of New Zealand wished to focus on the treatment of the Ethiopian Teachers' Association (ETA) which was an affiliate of Education International. What had emerged from the ETA experience parallelled what had happened to the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) and the former Confederation of Ethiopian Trade Unions (CETU). It confirmed a pattern of systematic interference in trade union affairs and the use of state force against any trade union leader or activist who questioned any aspect of Ethiopian government policy.

In the past year, repression against ETA leaders had intensified. For example, on 8 May 1997, the Ethiopian police killed Mr. Assefa Maru, Assistant Secretary of ETA. This occurred at 8.20 a.m. as he walked to work. He was carrying no weapons, he put up no resistance and he did not try to run away. The Government had refused to hold a public inquiry into the killing. Another example related to ETA President, Dr. Taye Woldesmiate, who had been imprisoned for over two years. Two of the most serious charges against him had been dismissed by the Federal High Court on 28 February 1997. He remained in prison, however, pending the determination of the remaining charge relating to armed uprising. Dr.Taye Woldesmiate had always maintained his complete innocence of all charges. At the most recent hearings of his case, testimony was received from two co-accused about police efforts to get them to incriminate the ETA President, including the use of torture.

Furthermore, a rival group encouraged by the Government had instituted an appeal against the court decision which found that Dr. Taye Woldesmiate and the current Executive Council of ETA were the legitimately-elected leaders of ETA and entitled to access its properties and bank accounts. This appeal was constantly being adjourned with no decision. Moreover, she had been informed that the judge who had initially ruled in ETA's favour, was dismissed shortly after doing so. As a result, other judges were trying to avoid having to deal with the case at least until ETA had been completely crushed. Two months ago ETA's bank account was handed over to the rival group. Other acts of harassment of ETA members included the use of an evaluation system of teachers by non-professionals, and in particular, by members of the governing party who assessed teachers' work in the classroom. Refusal to talk with ETA, let alone consult or have negotiations on the issue demonstrated the extent of political interference throughout the education system. Despite all these difficulties, ETA still commanded considerable support from teachers throughout Ethiopia. In February 1998, a very successful executive council meeting and workshop were held with elected representatives from all but two of Ethiopia's provinces. The speaker emphasized that ETA did not, as claimed by the Government, support any terrorist organization. It simply wanted to be able to survive and organize its members and bargain with the appropriate authorities at the provincial and federal levels.

In conclusion, the speaker requested that the Committee urge the Government to first of all condemn the police killing of Mr. Assefa Maru and set up an independent and public inquiry into his death. Moreover, the Government should be urged to recognize the elected leadership of ETA; reinstate all dismissed ETA members with pay; give ETA access to its own bank account and return the funds that were handed over to the rival group; and cease harassment of ETA, its leaders and members. Finally, the Committee should urge the Government to reopen dialogue with ETA as offered by the Prime Minister and offer the services of the ILO to provide technical support on the implementation of Convention No. 87.

A Worker member of Germany agreed with the interventions already made on this case. Referring to the general discussion on the report of the Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning the Status of Teachers, he stated that one case in question, namely Case No. 1888 of the Committee on Freedom of Association, had also been presented in the ILO/UNESCO joint report. Quoting the main findings of the ILO/UNESCO Committee on this case, he asked the Government representative how an education system could develop, if its representatives, namely the teachers, had been dismissed, persecuted, abducted and murdered.

The Worker member of the Netherlands indicated that he had been in Ethiopia from 18-22 May, 1998 to participate in a large international conference responsible for establishing an Ethiopian Human Rights Commission and an Ombudsman which the Government was obliged to set up under the new Ethiopian Constitution. After making a general statement on violations of trade union rights in Ethiopia to this Conference, the speaker had drawn its attention to the conclusions and recommendations drawn up by the Committee on Freedom of Association at its meeting in November 1997 in respect of Cases Nos. 1888 and 1908 on Ethiopia. Unfortunately, the Chairman of the Conference who was the Speaker of the Ethiopian Parliament, responded by dismissing the conclusions as unsubstantiated lies even when informed subsequently that these conclusions were contained in an ILO Governing Body report and not a trade union report. The speaker was curious to know what the Government representative had to say in respect of the above incident.

The Worker member of Ethiopia pointed out that Ethiopian workers had gone through a series of ups and downs for years to fight for their rights and benefits, especially in respect of freedom of association and the right to bargain collectively. Nevertheless, the Government had not been willing to pay attention to these pertinent issues till the collapse of the military regime and the establishment of the new Government in 1991. New labour laws were promulgated thereafter and the new Labour Proclamation of 1993 enabled workers to organize their unions freely and independently. Unfortunately, the then leadership of the Confederation of Ethiopian Trade Unions (CETU) failed almost immediately after its formation. One reason for this crisis situation was that there was misunderstanding and lack of trust between the leaders of the former CETU. The most important reason, however, was that the then leadership violated the autonomy of its affiliated industrial federations. The presidents, secretary-generals and treasurers of six of the nine industrial federations, were illegally suspended from the General Council by the President of CETU and a handful of his collaborators. Hence the main reason for the failure of the former CETU leadership resided in its dictatorial nature. Decisions on many important labour issues had been made in the absence of consultation due to the serious problems encountered in CETU's leadership and Ethiopian workers had had to go without a national centre for almost three years. However, eight of the nine industrial federations subsequently formed a coordinating committee to reorganize CETU and this committee had carried out a series of campaigns throughout the country to reach out to all members at the grass-roots level. In addition, the coordinating committee had organized a conference for all trade union representatives to examine the root cause of the union's problems and to resolve them. Further to discussions, trade union leaders and members decided to reorganize the Confederation. The coordinating committee called the Eighth General Congress in April 1997. The Congress adopted a revised Constitution and the Confederation was reorganized democratically and independently in the presence of, amongst others, representatives of the ILO, the International Confederation of Free Trade Unions (ICFTU) and the Secretary-General of the Organization of African Trade Union Unity (OATUU). This newly-established Confederation of Ethiopian Trade Unions had prepared a series of training programmes and organized workshops to make workers aware of their rights and benefits. It had also tried to organize its members so that they could negotiate collective agreements with employers. Moreover, these workshops and seminars had assisted members of the newly-established Confederation in proposing amendments to existing labour laws. In particular, the Confederation had put forward an important proposal to amend the 1993 Labour Proclamation to extend the right to organize to teachers and public servants. Hence the Government had been requested to improve existing labour laws with the full participation of workers. The newly-established Confederation had also been fighting against the unfair dismissal of workers by certain companies. In conclusion, the newly-established Confederation of Ethiopian Trade Unions had been working and would continue to work to safeguard the interests of its members. In this regard, it would continue to cooperate with the ILO until workers' rights were fully respected and ILO Conventions applied fully in Ethiopia.

The Government representative thanked all the speakers who had intervened although only a few had presented the true state of affairs in Ethiopia. With regard to the charges pending against Dr. Woldesmiate he indicated that the outcome of the court decision in this respect would be communicated to the ILO as soon as it was handed down. With regard to the alleged incident between the police and Mr. Assefa Maru, he explained that the latter had refused to surrender and therefore had died in the ensuing exchange of fire. The circumstances of this incident had not been correctly established by previous speakers. The true picture was that the situation of human rights had improved in Ethiopia. He concluded by stating that his Government valued the respect of ILO standards and welcomed any future ILO assistance to his country.

The Government representative assured the Worker member of the Netherlands that the statement alleged to have been made by a Government official concerning a report of an ILO supervisory body was certainly not the view held by the Ethiopian Government.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. It recalled that the Committee of Experts had expressed its concern about allegations pending before the Committee on Freedom of Association which concerned the forced removal of elected trade union leaders and the direct nomination by administrative authorities of members of the executive committees of these trade unions, as well as the cancellation of registration of a trade union confederation. It further deplored from the discussion that the Government had not yet re-recognized a teachers' association leadership despite a court decision to do so, and recalled the Committee of Experts' request for information on the manner in which teachers' associations could promote their occupational interests given their exclusion from the scope of the labour proclamation. The Conference Committee expressed the firm hope that the Government would reopen the dialogue with the Ethiopian Teachers' Association. Furthermore, the Committee observed with deep concern that the reports of the Committee on Freedom of Association also related to detentions of trade union leaders without trial. The Committee strongly urged the Government to take without delay all the necessary steps to ensure that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities in accordance with the requirements of Article 3 of the Convention. The Committee urged the Government to supply a detailed report for the next session of the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention both in law and practice.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative acknowledged that the Committee of Experts had been making observations concerning the application of the Convention for the past ten years. The Ministry of Labour had been aware of these observations, and had conducted several studies to revise Labour Proclamation No. 64/1975 and other labour-related legislation in order to conform with the relevant ILO Conventions. However, the political situation in Ethiopia at the time did not favour the enactment of a progressive labour law. The country was now experiencing a new era of peace and democracy. The transitional Government had issued a Democratic Charter fully endorsing the principles of the United Nations Universal Declaration of Human Rights; it guaranteed freedom of conscience, expression, association and peaceful assembly and demonstration, and specifically provided that a just labour law protecting the rights and interests of workers should be promulgated. She stated that the Ministry of Labour and Social Affairs was now preparing a new draft Labour Code, taking into account the comments of the Committee of Experts and making all possible efforts to bring the law into conformity with the principles of ILO Conventions ratified by Ethiopia, as well as principles in Conventions which it had not ratified, in particular those stipulating fundamental standards regarding working conditions. The draft law provided that workers may organise without interference from public authorities. A single trade union system was not imposed, and federations and confederations could be formed upon the initiative of workers. Employers may also establish and join employers' organisations. She noted that the Labour Proclamation of 1975 and Proclamation 222/83 omitted the question of the right of association of employers. She stated that trade unions did not need to obtain previous authorisation from competent authorities in order to affiliate, either with national organisations or with international organisations, and were not subject to any kind of scrutiny. They could establish their own constitution and by-laws and organise their administration and activities as they wished in order to achieve their objectives. Under the draft law, trade unions were no longer obligated to disseminate government ideology or serve as government spokesmen. They were free to protect their members' interests and to negotiate with employers on any labour matters. The right to strike in furtherance and defence of their interests was recognised. A tripartite tribunal was authorised to determine the legality of strikes, but no unnecessary conditions restricting the exercise of the right to strike were imposed. Lockouts by employers were also permitted. It was emphasised that the draft law, which replaced all previous labour legislation, was comprehensive, and covered all forms of employment relationships existing between workers and their employers. An effective labour inspectorate was established, and inspectors were empowed to bring court proceedings in respect of any violation of the labour law. Tripartite consultation was stressed for all spheres of industrial relations. The Government representative noted that the draft labour law had been discussed at length in the Council of Ministers, and that the final draft would be submitted this summer to the Council of Representatives, which was the highest competent authority in the country. The Government intended to send the text of the law to the Committee of Experts so that it could be examined in detail to determine whether it conformed with ILO standards; any suggestions from the Committee of Experts would be welcomed, as there remained an opportunity to improve the draft law prior to presentation for debate in the Council of Representatives. She noted that during the Organisation of African Unity's Commission Conference, the Prime Minister had informed the ILO Director-General that the Government was committed to implementing the principles of ILO Conventions and stated that the final text would be sent to the ILO as soon as it was adopted.

The Employers' members considered that the statement of the Government representative was very good news, especially when compared to that which they had heard about the case in previous years. In many ways, legislation and practice in this country contravened the Convention: for example, a single trade union system was imposed, trade unions were required to represent particular political views, and there was an absence of employers' organisations. In the report of the Committee of Experts it was pointed out that the transitional Government had undertaken the revision of the labour legislation. The Government representative referred to the content of this new legislation, which seemed to meet all the points referred to in the report of the Committee of Experts. They hoped that all the discrepancies between the Convention and national legislation would be eliminated in this way. It was clear that a democratic State was pluralist by nature and could not impose a political point of view on social groups. They encouraged the Government to put its intentions into practice as soon as possible so that at a later stage the Committee of Experts might ascertain whether the points raised had actually been addressed.

The Workers' members thanked the Government representative for informing them about the improvements and developments noted in the report of the Committee of Experts. As they had been waiting to receive the text prepared by the committee responsible for revising the national legislation, the Experts could only refer to the previous comments which noted the discrepancies between the legislation in force and the Convention. In this respect, it was necessary to raise two matters. Firstly, as the 1983 General Survey on Freedom of Association and Collective Bargaining had clearly indicated, the legislation could not impose a single trade union system. If the workers themselves decided to form a single trade union, this was their right, but other choices - in particular, trade union pluralism - must remain possible. The second point concerned the crucial importance of the right to strike as an essential element of freedom of association. It was hoped that in the examination of this question the Government would duly take into account the decisions of the Committee on Freedom of Association and the conclusions of the Committee of Experts. Finally, in view of the importance of the announced changes, it was essential that the legislative text be supplied in the near future to the ILO, so that the Committee of Experts could examine the planned legislation to determine whether it had eliminated the discrepancies that had been pointed out for many years.

A Workers' member from Italy considered that it was necessary to take into account the very serious economic and political conditions faced by Ethiopia during its transition towards democracy. It was necessary for this democratisation process to gain support from ILO assistance and from bilateral relations.

A Government member of Germany referred to the fundamental changes which had taken place in recent months in Ethiopia, which had not only brought peace to the country but had also led to a completely different political, economic and social orientation. The events which were related by the Government representative were further evidence that the Government was proceeding in the right direction. These statements demonstrated the influence which ILO standards could have on the national legislation of member States. The Government representative from Germany wished to join in the comments made by the preceding speakers and hoped that in the next report of the Committee of Experts it would be able to take note of significant changes in this case.

The Government representative reiterated that the Government would send an English translation of the draft labour law to the Committee of Experts for its review; the draft was approved by the Council of Ministers in June 1992.

The Committee welcomed the information given by the Government. It understood that the transitional Government had started a process of changing the existing labour legislation, with a view to bringing it into full conformity with the Convention, which process had already led to a draft. It noted that the Government had mentioned that that draft was likely to be passed during this calendar year. It also noted the Government's undertaking to send a copy of the draft to the ILO as soon as possible, which undertaking was welcomed. It therefore hoped that the Committee of Experts would be able to find the legislation in conformity with the Convention in its next report.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

It is to be recalled that the delegation of Socialist Ethiopia on several occasions had indicated that after the coming into effect of the Constitution, the legal provisions that the Committee of Experts thinks infringe Conventions Nos. 87 and 98 would be examined in the light of the said Constitution and the subsequent laws that would be enacted.

The new Ethiopian Constitution by which the Peoples' Democratic Republic of Ethiopia (PDRE) is to be established and administered has now been already approved by 81 per cent of the population that were registered. It will soon be approved by the Peoples' Assembly which will soon be constituted. Elections at the primary level have already been completed.

The broad masses of Ethiopia have been able to take part actively and democratically in drafting and endorsing the Constitution through a referendum and in the preparation for the election of the members to the National Assembly. Thus the people have participated for the first time in a remarkable event in the history of our country.

The Government's reply to the various comments of the Committee of Experts will therefore be given after the constitution of the National Assembly and the promulgation of various laws later on.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. In its previous comment the Committee had requested the Government to clarify a number of points concerning the nature of the conciliation and other collective labour dispute settlement procedures set forth in the Labour Proclamation No. 1156/2019 (LP) and the impact they may have on the exercise of the right to strike. The Government reports in this regard that: (i) the issues on which no agreement is reached during collective bargaining are submitted to the conciliator, and the outcome of the conciliation process becomes binding only when the parties agree to include it in the collective agreement; (ii) the right to strike is legally recognized in Ethiopia, but to create sustainable industrial peace and strengthen amicable dispute settlement methods, the LP requires that the dispute first be considered by the Labour Board or Court before taking strike action. Therefore, workers are forced to stay away from taking strike action only for the maximum time limits of 30 or 60 days while the case is pending in Labour Board or Court. At the end of this time limit, whether the case is concluded or not, workers have the right to take strike action; and (iii) strike action should be used as a last resort upon exhausting all other alternatives. In most cases strikes may cause significant damages to the employer, the workers and the nation at large. Therefore, the Government requests the Committee to reconsider the comment in view of the explanations provided.

The Committee notes the Government indication that, by the end of 30 or 60 days, workers can take strike action, whether the case is concluded or not. However, it also notes that pursuant to section 153.1 of the LP, decisions of labour relations boards have an immediate effect, and that section 161.2 provides that “it shall be unlawful to resist or unduly delay the execution of an order or a decision of a Board or Court disposing, in whole or in part, a labour dispute or to take or continue to strike or to lock-out in protest to such order or decision of the Board or Court; provided, however, that the strike or lock-out shall not be unlawful if initiated in order to ensure compliance with such order or decision”. Considering these provisions, the Committee notes that all collective labour disputes referred to in section 143.1 of the LP, except disputes concerning wages and benefits in non-essential services which are not determined by work rules or collective agreements (section 143.1(a)), are liable to compulsory settlement by labour relations boards/courts at the initiative of one of the parties only, and that as soon as the proceedings are launched unilaterally pursuant to section 143.3 of the LP, initiation of a strike action becomes unlawful pursuant to section 161. The Committee notes that this system significantly restricts the right to strike, making it almost impossible to have recourse to strike action in practice, in relation to disputes other than those of section 143.1(a). The Committee recalls again in this regard that: (i) the imposition of procedures to facilitate settlement before resorting to a strike should have the sole purpose of facilitating bargaining and should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness; and (ii) 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 (that is to a binding adjudication of the dispute) should be allowed only upon the request of both parties; as the systematic recourse to such procedure would be tantamount in practice to a general prohibition of strikes, which is incompatible with the Convention. Therefore, the Committee requests the Government to take the necessary measures to amend section 143.3 of the Labour Proclamation, with a view to ensuring that in case of failure of the conciliation process within 30 days, submission of the dispute to the Labour Relations Board will be possible only at the request of both parties, and that initiation of strike action is not adversely affected by any unilateral submissions. The Committee requests the Government to provide information on any steps taken in this respect.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, as well as those of Education International (EI), received on 31 August 2023 concerning matters examined in this comment.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) concerning the application of the Convention and examines the effect given to its conclusions below.

Articles 2 and 5 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The right to establish and join federations and confederations. The Conference Committee called upon the Government to amend section 3 of the Labour Proclamation No. 1156/2019 (LP) to recognize and guarantee the right to organize for the categories of workers excluded from its scope. The Committee recalls that section 3(2) of the LP excludes the following categories of employment relations or workers in both public and private sectors from its scope: (a) contracts for the purpose of upbringing, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentices; (c) managerial employees; (d) contracts of personal (domestic) service, and (e) employees of state administration, judges, prosecutors and others whose employment is governed by special laws. The Committee notes that, regarding domestic workers, section 3(3)(c) of the LP provides that the Council of Ministers shall issue a Regulation governing their conditions of work. The Committee further notes that certain excluded groups such as teachers have formed “professional associations” governed by the Organizations of Civil Societies Proclamation No. 1113/2019 (CSOP), but that according to the ITUC and EI, these organizations cannot join federations and confederations. The Committee notes the Government’s indication that every effort will be made to solve the problem by conducting a research-based discussion with the stakeholders using the newly created platform relating to the inclusion of the right to establish and join organizations in the special laws governing the conditions of work of excluded workers. The Committee notes with concern that four years after its previous examination of the application of the Convention in Ethiopia and two years after the Conference Committee discussion, no concrete measures have been taken to recognize and guarantee the right of excluded workers and employers to establish and join organizations. Recalling that the only possible exception to the application of the Convention pertains to the members of the police and the armed forces, the Committee urges the Government to either amend section 3 of the LP oradopt adequate legal provisions to recognize and guarantee the rights enshrined in the Convention to the excluded categories of workers and employers.The Committee requests the Government to provide detailed information on the steps taken in this respect.

Civil servants. The Conference Committee requested the Government to provide information on the status of the ongoing civil service reform as regards the granting of the right to organize to all civil servants. The Committee previously noted that the Government had repeatedly affirmed its readiness to address the matter and that, in full consultations with the social partners, it would 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. The Committee notes with concern that the Government does not report any progress in this regard but only indicates that civil servants can form “professional associations” and that the Government is still in the process of studying and discussing measures to ensure their right to organize. The Committee further notes that the “professional organizations” formed under the CSOP do not appear to enjoy important rights specific to employers and workers’ organizations, such as the right to represent their members in labour relations and to establish or join federations and confederations, whereas these rights are defined within the framework of the LP only. The Committee is therefore bound to urge the Government to take the necessary measures, in full consultation with organizations representing the employees concerned, to recognize and guarantee the right to organize of all civil servants, including employees of state administration, teachers in public schools, care workers, judges, prosecutors and managerial workers and to provide information on any progress in this respect.

Teachers. The Conference Committee called upon the Government 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. The Committee notes the Government’s indication that the National High Court ruled that, due to the existence of a professional association previously registered under the name of the National Teachers’ Association (NTA), no other association could be registered under this name. The Committee also notes the Government’s submission to the Conference Committee that the Ethiopian Teachers’ Association (ETA), an affiliate of EI which has more than 600,000 members, has been registered since 1949 and operates for the advancement of teachers’ rights and interests. The Committee notes that according to the EI, the ETA is unable to become a member of the Confederation of Ethiopian Trade Unions because of the exclusion of workers involved in education and training from the coverage of the LP. It further notes the ITUC’s indication that while the registration request of the NTA appears to have failed, the ETA is only recognized as an occupational organization, although it has been requesting recognition as a trade union for a long time to be able to fully represent its associates in collective bargaining and to join a trade union confederation; however, in absence of legislative reforms, such recognition remains impossible. The Committee recalls that in May 2013, in the framework of the Joint Statement on the Working Visit of the ILO Mission, the Government had committed itself to registering the NTA under the Charities and Societies Proclamation (the predecessor of the CSOP). The Committee notes with regret that despite this longstanding formal commitment of the Government, the NTA has not succeeded in obtaining registration. The Committee notes that the legal issues raised in relation to the full recognition and guarantee of Ethiopian teachers’ right to organize are due to: (i) the exclusion of private and public sector teachers from the scope of the LP and, (ii) the inadequacy of the guarantees granted to teachers’ associations governed by the CSOP, which do not allow the ETA to join a confederation or represent its members in collective bargaining. Therefore, the Committee urges the Government to, in full consultation with the social partners, review the legislation with a view to giving full recognition and guarantee to the rights of private and public sector teachers under the Convention. The Committee requests the Government to provide information on any steps taken in this respect.

Articles 2 and 7. Right to establish organizations without previous authorization, conditions of recognition of legal personality. The Conference Committee called upon the Government to revise section 59.1(b) of the CSOP in order to ensure that the grounds for refusal of trade union registration are not excessively broad. The Committee notes that section 59.1(b) provides that the Civil Societies Organization Agency shall refuse to register an organization where it finds that the aim of the organization or the activities description under its rules are contrary to law or public morals. The Committee notes with regret that the Government does not provide any information in this regard, while in its written submission to the Conference Committee it had indicated that this provision primarily aims to prevent wrongdoing by civil society organizations and NGOs. The Committee further notes that pursuant to section 61 of the CSOP, the acquisition of legal personality depends on registration. The Committee once again recalls that registration should be a simple formality and should not amount to a requirement of prior authorization for establishment of organizations, and that “public moral grounds” constitute too wide and vague a ground for refusal of registration and acquisition of legal personality, giving an excessively broad discretion to the authorities to block the registration and acquisition of legal personality for organizations. Therefore, the Committee once again requests the Government to take the necessary measures to revise section 59.1(b) of the CSOP with a view to removing “contrary to public morals” as grounds for refusal of registration of an organization and to provide information on the steps taken in this respect.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Essential services. In its previous comments the Committee requested the Government to take the necessary measures to delete air transport and urban light rail transport services from the list of essential services. The Committee notes the Government’s indication that currently, light rail transport constitutes the main means of transportation for large numbers of people in urban areas and would be deleted from the list of essential services when other public transportation options start being widely used. 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 once again that the Government take the necessary measures so that the air and urban light rail transport services are deleted from the list of essential services in section 137.2(a) and (d) of the LP 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 steps taken or envisaged in this respect.

Quorum required for a strike ballot. The Committee notes that section 159.3 of the LP requires that a decision to take a strike action must be supported by a simple majority of the workers concerned in a meeting attended by at least two-thirds of the trade union members. The Committee recalls that it requested the Government to revise the legislation, with a view to reducing the two-thirds quorum required for the strike ballot, which may unduly hinder the possibility of calling a strike. The Committee notes the Government’s indication that the right to strike would not be effective in the absence of support by the majority of workers. Recalling that strikes are essential means available to workers and their organizations to protect their interests, the Committee considers that where the law requires a vote by workers before a strike can be held, account should be taken only of the votes cast and the required quorum and majority should be fixed at a reasonable level. The observance of a quorum of two-thirds of union members may be difficult to reach and can unduly hinder the right to strike in practice. Therefore, the Committee once again requests the Government to take the necessary measures to amend section 159.3 of the LP and to provide information on the steps taken in this respect.

Article 4. Dissolution and suspension of organizations by the administrative authority. The Conference Committee called upon the Government to make sure that the appeal of members, founders or managers against dissolution of their organization by administrative decision has suspensive effect. The Committee notes that section 77.4 of the CSOP gives the Director General of the Civil Societies Organization Agency the power to order the suspension of the activities of an organization for a period not exceeding three months, when investigation has revealed a grave violation of the law in relation to those activities. A right to appeal of the organization to the board of the Agency and then to the Federal High Court is provided in section 77.5. The power of the Director General to suspend the activities of the organization is also provided under section 78.4, in case an organization does not alter or rectify its practice after receiving a strict warning. In this case, the suspension order can entail the dissolution of the organization unless it has been lifted by the Board of the Agency or by court order. Section 78.5 of the CSOP provides for a right to appeal to the Federal Hight Court for the members, founders or managers of the organization dissolved by decision of the Board. The Committee notes with regret that the Government does not provide any information regarding the suspensive effect of appeals, and recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees. This can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution (see the 2012 General Survey on the fundamental Conventions, paragraph 162). Therefore, the Committee requests the Government to take the necessary measures to amend the CSOP so as to ensure that the appeal against such administrative decisions has suspensive effect. The Committee requests the Government to provide information on the steps taken in this respect.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance regarding the issues raised in this comment.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programme. In previous comments, the Committee had considered that the Labour Proclamation No. 377/2003 allowed one of the parties to a labour dispute to impose arbitration and to unduly preclude the exercise of the right to strike (section 143(2) allowed the aggrieved party to the labour dispute to take the case to the Labour Relations Board for arbitration or to the appropriate court and section 160(1) provided that in the latter case the strike was unlawful). The Committee notes the Government’s indication that after having discussed with the social partners, the consensus reached was that sections 143(2) and 160(1) did not breach the Convention and that, consequently, the Labour Proclamation No. 1156/2019 includes them again. The Committee further notes that in previous reports the Government had indicated that the Committee had not grasped the rationale behind such provisions, and affirmed that the decision out of the conciliation or arbitration processes had a binding effect if and only if the parties agreed upon it and that the prohibition of resorting to strike action was only for a period of 30 days to seek settlement of the case. The Committee observes that the 2019 Labour Proclamation No. 1156/2019: (i) provides conciliation at the request of either party on a list of labour disputes, including the conclusion of collective agreements; and affords 30 days to the conciliator to try to settle the dispute, failing which a report will be issued and any of the parties may submit the matter to a labour relations board (sections 142 and 143); (ii) allows parties to a dispute to submit their case to conciliators or arbitrators of their own choice for settlement and, if they fail to reach an agreement, or if so decided by a party aggrieved by the arbitration decision, the matter may be taken to the board or appropriate court (section 144); (iii) provides that the decisions of a permanent or ad hoc board shall have immediate effect, with all findings of fact being deemed final and conclusive, and in any labour dispute an appeal may be taken to the high court by an aggrieved party on questions of law (sections 153–155); and (iv) deems a strike to be unlawful if initiated after a dispute has been referred to a board or a court and 30 days have not elapsed before an order or decision is given (or the prescribed period has elapsed before the court has given a decision) (section 161(1)). The Committee requests the Government to clarify: (i) whether, and on what legal basis, the decisions resulting from conciliation or arbitration procedures set out in the Labour Proclamation No. 1156/2019 for labour disputes (such as on the conclusion of a collective agreement) are only binding if so agreed by the parties, and how such agreement is expressed; (ii) the length of time that these procedures can preclude the exercise of the right to strike without the agreement of both parties (for example, if a dispute is first referred to a conciliator or arbitrator, subsequently to a labour relations board (or to a court), and finally the board’s decision is appealed to the high court); and (iii) what legal provisions ensure that such procedures cannot be used to unduly restrict the exercise of the right to strike (for example, allowing one party to either preclude it or delay for more than 30 days) and what legal mechanisms are available to a party wanting to exercise its right to strike after having sought but not reached settlement for a period of 30 days under said procedures.

The Committee recalls in this regard that: (i) the imposition of procedures to facilitate settlement before resorting to a strike should have the sole purpose of facilitating bargaining and should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness (with regard to the duration of prior conciliation and arbitration procedures, the Committee has considered, for example, that the imposition of a duration of over 60 working days as a prior condition for the exercise of a lawful strike may make the exercise of the right to strike difficult, or even impossible); and (ii) 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 (that is to a binding adjudication of the dispute) should be allowed only upon the request of both parties; as the systematic recourse to such procedure would be tantamount in practice to a general prohibition of strikes, which is incompatible with the Convention. The Committee trusts that, in light of the clarifications requested, the Government will take any necessary measures to ensure that the Labour Proclamation No. 1156/2019 fully complies with the above, so as to ensure respect of the right of workers’ organizations to organize their activities and formulate their programme, including through strike action.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), in a communication received on 31 August 2016, which refer to issues pending before this Committee, as well as the Government’s comments thereon. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

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, on behalf of the Government, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization, as it represented a significant step towards resolving long-standing issues in line with the provisions of the Convention. The Committee also takes note of the outcome of two ILO missions in the country (March 2015 and September 2016) highlighting the availability of the technical assistance of the Office to address the necessary reforms.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers. In its previous comments, the Committee, encouraged by the commitment undertaken by the Government in the Joint Statement firmly expected that the National Teachers’ Association (NTA) be promptly and unconditionally registered. Recalling in this respect the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2516 (371st Report, paragraphs 475–481), the Committee notes with regret that the Government, while reaffirming its readiness to register the NTA, indicated that it could not do so as the latter had not fulfilled the necessary requirements. The Committee firmly expects that the Government will finally be able to report progress or related developments in this respect in the near future.

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, while pursuing the reform, the right to organize would first 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. Noting that the reform has not been achieved yet, the Committee firmly expects that the Government will increase its efforts and take the necessary steps to ensure that the right to organize is granted to all civil servants, including teachers in public schools and employees of the state administration. The Government is urged to continue tripartite discussions in this regard.

Articles 2 and 3. Amendments to the 2003 Labour Proclamation. In its previous comments, the Committee had requested the Government to amend the following sections of the 2003 Labour Proclamation: section 3 (need to guarantee the right to organize of several categories of workers excluded from the scope of application of the Proclamation); sections 136(2), 143(2), 158(3) and 160(1) (restrictions to the right of organizations freely to organize their activities and formulate their programmes); and section 120(1)(c) (need to ensure that the cancellation of the registration of an organization is not based on provisions of the Labour Proclamation identified as restricting the right to organize). Referring to its previous comments and the Government’s commitment to expedite the process for the submission of the relevant amendments to Parliament, the Committee notes with regret that the information before it does not show progress in this respect, with the exception of the proposal under consideration to extend section 3 of the Labour Proclamation to domestic workers and managerial employees. The Committee firmly expects that the necessary measures will be taken by the Government without delay, and in full consultation with the social partners, to amend the abovementioned provisions of the Labour Proclamation in line with the Convention. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Recalling that the technical assistance of the Office is available, the Committee firmly expects that the Government will make every effort to take the necessary action so as to bring the legislation and practice into full conformity with the provisions of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC), in a communication dated 30 August 2013, which refer to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516, as well as the Government’s observations thereon. The Committee also notes the report of the ILO Mission that made a working visit to the country at the invitation of the Minister of Labour and Social Affairs from 13 to 16 May 2013. The Committee welcomes the outcome of the Mission in the form of the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed on 16 May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government of Ethiopia, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers. In its previous comments, the Committee had urged the Government to ensure that the National Teachers’ Association (NTA) is registered without delay so that teachers may fully exercise their right to form organizations for furthering and defending teachers’ occupational interests. The Committee notes that, according to the Joint Statement, the Government is ready and committed to register the NTA under the Charities and Societies Proclamation (No. 621/2009), and, following discussions with the Charities and Societies Agency (CSA), agreement was reached to register the NTA in accordance with the Proclamation. In addition, the Committee notes that, in its report, the Government: (i) urges the Committee to take into consideration that it has never denied the registration of the NTA and that it is the organization that has failed to fulfil the registration requirements under the Charities and Societies Proclamation; and (ii) indicates that, since the signing of the Joint Statement, the NTA has never appeared for registration nor has sought to submit its application to the CSA. As regards the registration requirements, the Committee refers to its previous observation of 2010, in which it had identified a number of provisions of the Charities and Societies Proclamation that raised issues of compatibility with the Convention. Furthermore, the Committee considers that since more than four years had elapsed without the CSA issuing any decision (whether affirmative or negative) concerning the registration of the NTA, it has thus deprived this organization of the possibility to appeal. The Committee recalls that such a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization. Moreover, the Committee notes from the information provided by the NTA to the mission that the long idle time as a non-registered association and years of harassment have led to a situation where the conditions that the NTA had met or could have easily met at the time of application might be difficult or impossible to fulfil at present. The Committee, encouraged by the commitment undertaken by the Government in the Joint Statement, firmly expects that, in light of the special circumstances described above, the necessary measures will be taken to ensure that the appropriate authorities promptly and unconditionally register the NTA, so as to eventually resolve this longstanding issue in line with the provisions of the Convention.

Civil servants and employees of the state administration. In its previous comments, the Committee noted that neither the Labour Proclamation nor the Federal Civil Servants Proclamation was guaranteeing civil servants and employees of the state administration the exercise of freedom of association rights. The Committee notes that, according to the Joint Statement: (i) the Government has reiterated its commitment and determination to follow-up on the Committee’s comments concerning the Labour Proclamation and the Civil Servants Proclamation, and indicates that the civil service reform is a broad exercise and that a recent comprehensive assessment review undertaken is proposing a civil service reform roadmap; (ii) there is a common understanding of all parties concerned that the Constitution embeds the right of all workers to be able to establish and join organizations of their own choosing; (iii) the Government takes note of the view of the ILO supervisory bodies that the current legislative framework does not fully give effect to this right as regards civil servants, since the Charities and Societies Proclamation only enables individual civil service associations to be registered as professional associations; and (iv) in this regard, the Government reaffirmed its commitment to the mission to continue to make every effort to address these issues as a matter of priority. The Committee feels encouraged by the Government’s commitment and the indication in its report that it is in the process of undertaking an in-depth study in this regard. Having understood from the Mission report that the comprehensive civil service reform has recently undergone major adjustments, the Committee highlights that freedom of association is an enabling right which renders possible the exercise of all other rights at work and firmly expects that, while pursuing the civil service reform, the right to organize will first be granted to all civil servants, including teachers in public schools and employees of the state administration.

Articles 2 and 3. Right of workers, without distinction whatsoever, to establish organizations; and right of workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee had requested the Government to amend the following sections of the 2003 Labour Proclamation: section 3 (need to guarantee the right to organize of several categories of workers excluded from the scope of application of the Proclamation); sections 136(2), 143(2), 158(3) and 160(1) (restrictions to the right of organizations freely to organize their activities and formulate their programmes); and section 120(1)(c) (need to ensure that the cancellation of the registration of an organization is not based on provisions of the Labour Proclamation identified as restricting the right to organize). The Committee notes that, according to the Joint Statement: (i) in view of the fact that the Committee has been requesting the Government for several years to amend certain provisions of the Labour Proclamation, the Government has reiterated its commitment and determination to follow up on these comments; (ii) the Government has reviewed all relevant provisions and the Tripartite Labour Advisory Board has completed its review of these amendments, which will soon be submitted to the Council of Ministers; and (iii) the Government commits to do all it can to expedite the process for the submission of the amendments to Parliament. In addition, the Committee notes that the Government indicates in its report that: (i) while acknowledging the comments on section 136(2) in principle, the country is not economically strong enough to minimize the list of essential services in which strike action is prohibited, and in a few years it would hopefully be in a position at least to exclude air transport and urban bus services from the list; and (ii) the intention behind sections 143(2) and 160(1), and section 158(3) is not properly understood by the Committee. In this regard, the Committee refers to paragraphs 132, 147 and 153 of its 2012 General Survey on the fundamental Conventions and firmly trusts that the necessary measures will be taken by the Government without delay, and in full consultation with the social partners, to amend the abovementioned provisions of the Labour Proclamation, so as to bring it into full conformity with the provisions of the Convention in the near future. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Lastly, noting that, according to the Joint Statement, the Government, as well as employers’ and workers’ organizations, consider that ILO technical assistance would be important to assist them in moving forward on all the issues raised by the ILO supervisory bodies, the Committee hopes that such technical assistance will take place in the very near future and invites the Government to establish with the Office a timetable in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee also notes the comments submitted by the International Trade Union Confederation (ITUC), in a communication dated 31 July 2012, and by Education International (EI), in collaboration with the National Teachers’ Association (NTA), in a communication dated 31 August 2012, which refer to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516 (exclusion of various categories of workers, primarily in the public sector, from the right to form and join trade unions, lack of independent investigations of serious violations of trade unionists’ rights). The Committee notes the latest conclusions and recommendations of the CFA in this case (see 365th Report, November 2012, paragraphs 681–692). It also notes the Government’s reply to the previous comments of the ITUC and EI.

Teachers’ associations. In its previous comments, the Committee had urged the Government to ensure that the NTA is registered without delay so that teachers may fully exercise their right to form organizations for furthering and defending teachers’ occupational interests. The Committee notes with regret that the Government merely reiterates in its report the information it had previously provided to this Committee and to the CFA in Case No. 2516. The Committee notes the latest conclusions and recommendations of the CFA which are relevant in this regard, in particular in relation to the Charities and Societies Proclamation and with regard to the question of the registration of the NTA. While noting that in the past the Government has indicated that, in order to be registered, the NTA should revise its application in accordance with the Charities and Societies Proclamation, the Committee reiterates its comments concerning this Proclamation. Deploring that more than three years after the NTA’s request for registration, this organization is still not registered, the Committee is bound to recall, once again, that the right to official recognition through legal registration is an essential facet of the right to organize, since that is 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 strongly urges the Government to take all necessary measures to ensure that the appropriate authorities register the NTA without further delay so that teachers may fully exercise their right to form organizations of their own choosing for the furthering and defence of teachers’ occupational interests. It requests the Government to provide information on the concrete steps taken in this regard.

Civil servants and employees of the state administration. In its previous comments, the Committee noted that neither the Labour Proclamation nor the Civil Servant Proclamation was guaranteeing civil servants and employees of the state administration the exercise of their freedom of association rights. The Committee notes with regret that the Government’s report does not indicate that progress has been made in this regard. The Government merely reiterates its previous statement that: (1) the country is under a comprehensive civil service reform programme which will guarantee the rights of all citizens in the country, including civil servants; (2) the right of workers, including civil servants, to form an association is enshrined under article 42 of the Constitution; (3) civil servants can organize under professional associations; and (4) public school teachers are presently enjoying the enabling environment to exercise their constitutional right to form an association, as most have, by being members of the Ethiopian Teachers Association (ETA). In relation to this latter point, the Committee wishes to recall that the right of workers to establish and join organizations of their own choosing in full freedom cannot be said to exist unless such freedom is fully established and respected in law and in practice, and that this implies, in particular, the effective possibility for forming and joining organizations independent of those which already exist in the country. The Committee urges the Government to take, without delay, concrete measures, including in the framework of the civil service reform, in order to fully guarantee the right of civil servants, including teachers in public schools, and employees of the state administration, to establish and join organizations of their own choosing for the promotion and defence of their occupational interests. It requests the Government to provide information on progress made in this respect.

Labour Proclamation (2003)

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. In its previous comments, the Committee had requested the Government to ensure the right to organize of the following categories of workers who were excluded, by section 3, from the scope of application of the Labour Proclamation: workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); workers under contract of personal service for non-profit-making purposes; managerial employees; and judges and prosecutors. The Committee notes the Government’s indications that: (1) it is studying the question of this first category of workers, so that these employment relations could be part of the Labour Proclamation; (2) the process of preparing the regulation governing the conditions of work of workers under contract of personal service for non-profit-making purposes has not yet been finalized; (3) it is examining the necessity of setting a regulation to address the working conditions of managerial employees, including the right to form an organization; and (4) the Constitution guarantees the right to organize for any lawful purposes or causes and that, accordingly, judges and prosecutors are able to form associations of their own. The Committee trusts that the necessary measures will be taken, without delay, to ensure that the abovementioned categories of workers enjoy the rights afforded by the Convention, and that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future. It requests the Government to provide information on all progress made in this respect, as well as on any existing organizations of workers in these various sectors.

Article 3. Right of workers’ organizations to organize their activities and formulate their programme. In its previous comments, the Committee had requested the Government to amend the following sections of the Labour Proclamation: section 136(2), concerning the list of essential services in which strike action is prohibited; sections 143(2) and 160(1), concerning conciliation and arbitration procedures; and section 158(3), relating to the quorum and majority required to initiate a strike. The Committee notes the Government’s indication concerning the list of essential services that it may not be very far from considering the issue. It also notes the Government’s indications in relation to the intention behind sections 143(2) and 160(1), as well as its remarks concerning the required quorum and majority established in section 158(3). The Committee expresses the hope that the necessary measures will be taken, without delay, and in full consultation with the social partners, to amend the abovementioned sections of the Labour Proclamation, to bring it into conformity with the principles that the Committee has been recalling in its previous comments. It requests the Government to provide information on all progress made in this respect.

Cancellation of registration (section 120 of the Labour Proclamation). The Committee notes the Government’s indication that the cancellation of registration of an organization (which used to be an administrative measure) is now a decision taken by the competent court, to which the matter is referred by the ministry. The Committee once again requests the Government to ensure that the provisions of the Labour Proclamation 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 120(1)(c) until they have been brought into conformity with the provisions of the Convention.

The Committee once again requests the Government to take the necessary measures, without delay, to bring the legislation and practice into full conformity with the Convention, and to provide detailed information in its next report on the progress made thereon, as well as on the time frame for such action. The Committee encourages the Government to seek technical assistance from the Office on all the issues raised in its comments.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in communications dated 4 and 31 August 2011, and the comments submitted by Education International (EI) in a communication dated 31 August 2011, referring to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516 (exclusion of various categories of workers, primarily in the public sector, from the right to form and join trade unions, lack of independent investigations of serious violations of trade union rights) and alleging the Government’s failure to implement the recommendations of the ILO supervisory bodies. The Committee also notes the Government’s reply to the previous comments of the ITUC and EI. The Committee further notes the conclusions and recommendations of the CFA of November 2011 in Case No. 2516.

Teachers’ associations. In its previous comments, the Committee had urged the Government to take all the necessary measures to ensure that the National Association of Ethiopian Teachers (NTA) is registered without delay. The Committee notes that the Government indicates, in its report, that the NTA submitted its application for registration to the Charities and Societies Agency (CSA) and that the CSA refused in writing its registration and requested the NTA to revise its application in accordance with the Charities and Societies Proclamation (No. 621/2009) and the Charities and Societies Regulations (No. 168/2009). In particular, the Government indicates that according to article 69/4 of the Proclamation and article 5/1 of the Regulation, the CSA shall refuse the registration if the name proposed for registration is similar to the name of another charity or society or any other institution. The Government indicates that the CSA pointed out that all the names suggested by the NTA were similar to the names of already registered organizations. The Government indicates that the Agency had therefore requested the NTA to change its name. The Government further indicates that according to article 15/2 and articles 55 and 57 of the Proclamation, charities or societies may be established either for charitable purposes or for the promotion of the rights and interests of its members. The Government indicates that the NTA’s rules enabled it to function as charity and society at the same time, and that the CSA had therefore requested the NTA to correct its rules. The Government further indicates that instead of resubmitting an application accordingly, the NTA submitted a complaint to the Institute of Ombudsperson (IO) alleging refusal of registration by the Ministry of Justice. It also indicates that this complaint is still pending, NTA having failed to appear at the office of the IO to follow the case.

The Committee notes contradictory information in EI’s communication, which indicates that NTA’s registration has been denied verbally by the Agency and that, despite the repeated requests from the NTA’s representative and contrary to article 3(3) of the Regulation, the Agency did not respond in writing to the refusal to register, which prevents the NTA from appealing the refusal. EI further indicates that since the initial meeting with the Ombudsperson in January 2009, when the Vice Commissioner guaranteed that she will discuss the issue with the concerned colleagues in the IO, and despite the various reminder visits of the NTA’s representatives, the Ombudsperson has been completely silent.

The Committee further notes the Government’s indication that teachers of public schools are enjoying their rights by being members of the Ethiopian Teachers Association (ETA). In this respect, the Committee recalls that workers and employers have the right to establish and join organizations of their own choosing and that an organization in a specific occupation should not constitute an obstacle to the establishment of another organization, if the workers so wish.

The Committee deeply regrets that three years after the NTA’s request for registration, this organization is still not registered. It recalls that the right to official recognition through legal registration is an essential facet of the right to organize since that is 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 draws the Government’s attention to its responsibilities in ensuring that this right is respected in law and in practice. The Committee urges the Government to ensure that the NTA is registered without further delay so that teachers may fully exercise their right to form organizations for furthering and defending teachers’ occupational interest and to provide information on the progress made in this respect.

With regard to the Charities and Societies Proclamation, the Committee recalls that it has previously noted with concern that the Proclamation organizes an ongoing and close monitoring of the organizations established on its basis and gives governmental authorities, in particular through the establishment of the CSA, 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 concerned organizations with respect to those falling within its scope, which appear to encompass civil servants, including teachers in public schools. The Committee urged the Government to take the necessary measures, without delay, to ensure that the Proclamation is not applicable to workers’ and employers’ organizations and that such organizations are ensured effective recognition through legislation which is in full conformity with the Convention. The Committee regrets that the Government’s report contains no information on the measures taken to this effect. The Committee expresses the hope that the Government will provide information on the progress made in this regard in its next report and reminds the Government that it may avail itself of the technical assistance of the ILO in this respect.

Civil servants. The Committee recalls that in its previous comments it had requested the Government to take the necessary measures to amend the Civil Servant Proclamation, so as to ensure that the freedom of association rights of civil servants, including teachers in public schools, are fully guaranteed. The Committee notes that the Government reiterates its previous statement that the right of workers, including civil servants, to form association is enshrined under article 42 of the Constitution. The Government further indicates that the country is under a comprehensive civil service reform programme designed to provide efficient and effective services to the public and that civil servants, as part and parcel of the executing body, have a key role to play in implementing the reform. The Government also indicates that the reform will have a significant role in strengthening democracy, ensuring good governance and guaranteeing the rights of all citizens in the country; and that, within this process, it commits itself to ensure all the benefits of civil servants. The Committee expresses the hope that the Government’s next report will contain full information of the measures taken to amend the Civil Servant Proclamation, including in the framework of the reform referred to by the Government, so as to guarantee the right of civil servants, including teachers in public schools, to establish and join organizations of their own choosing for the promotion and defence of their occupational interests.

Labour proclamation (2003). In its previous comments, the Committee had requested the Government to ensure the right to organize of the following categories of workers who were excluded, by section 3, from the scope of application of the Labour Proclamation.

Concerning workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), the Committee notes the Government’s indication that such workers are not in a relationship for employment purposes but in a relationship focusing on how the individual is brought up, treated or rehabilitated, and that the relationship that exists between such two parties is not considered as a proper employer–employee relationship. The Government indicates that for this reason, the abovementioned category of workers is excluded from the scope of the Proclamation. The Government also indicates its intention to undertake further examination that will enable it to take appropriate measures in this respect. The Committee takes note of the Government’s desire to avail itself of the technical assistance of the Office in this process. The Committee recalls that all workers, without distinction whatsoever, including without discrimination in regard to occupation, should have the right to establish and join organizations of their own choosing. The Committee trusts that the necessary measures will be taken by the Government to ensure that the abovementioned categories of workers enjoy the rights afforded by the Convention, and that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.

Concerning the right to organize of workers under contract of personal service for non-profit-making purposes, the Committee notes the Government’s indication that the Labour Proclamation provides in article 3, sub-article 3/C that the Council of Ministers shall issue a regulation governing the condition of work applicable to personal services, including the right to organize. The Government’s report adds that the newly adopted ILO instrument on domestic workers will help the country with the drafting of this regulation. The Committee expresses the hope that the new regulation will be issued without further delay so as to ensure that workers under contract of personal service for non-profit-making purposes have the right to organize in law and in practice. It requests the Government to provide information on the progress achieved in this respect and to transmit a copy of this regulation once it is adopted.

In relation to the right to organize of managerial employees, the Committee notes the Government’s indication that their exclusion is explained by the fact that they have different interests of those of other employees. The Government also indicates that managerial employees are those working in the interest and on behalf of the employer and can, therefore, conclude a contract of employment to protect their conditions of employment in accordance with the Ethiopian Civil Code and can form an association for lawful purposes based on the Constitution. It further indicates that this matter will be studied and that the experiences of other countries on the matter will be explored. The Committee recalls that Article 2 of the Convention makes no distinction based on the nature of the functions or the hierarchical level of workers, who should all enjoy the right to organize, including managerial and executive staff. The Committee considers that provisions which prohibit workers in this category from joining trade unions in which other workers are represented are not necessarily incompatible with the Convention, provided they have the right to establish their own organizations and that the right to belong to those organizations was restricted to persons performing senior managerial or decision-making functions. The Committee requests the Government to take the necessary measures in order to ensure that the right of managerial employees to establish and join organizations of their own choosing for furthering and defending their interests is fully guaranteed. It requests the Government to provide information on all measures taken in this respect.

In relation to the right to organize of judges and prosecutors, the Committee takes note of the Government’s indication that the Constitution guarantees the right to organize for any lawful purposes or causes and that, accordingly, judges and prosecutors are able to form associations of their own. The Committee requests the Government to provide information on the existing organizations of judges and prosecutors.

Concerning the right to organize of employees of state administration, the Committee regrets that no information has been provided by the Government on the measures taken to ensure their right to organize. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee once again urges the Government to take all the necessary measures, without further delay, to ensure that employees of state administration have the right to organize, and to provide information in its next report on the progress made in this respect.

In its previous comments, the Committee had requested the Government to delete air transport and urban bus services from the list of essential services in which strike action is prohibited (section 136(2)). The Committee notes the Government’s indication that these services are essentials for Ethiopia since the private sector for these services has not been developed yet; and that, since the Government is subsidizing the sector, the removal of these services would affect the poor part of the population who is benefiting from them. The Government indicates that for this reason, the interruption of these services would endanger the life, personal safety or health of the whole or part of the population directly or indirectly. Recalling once again that these services do not constitute essential services in the strict sense of the term, the Committee suggests, once again, 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 once again requests the Government to delete the abovementioned services from the list of essential services and to provide information on the measures taken or envisaged in this respect.

The Committee recalls that it had previously requested the Government to amend its sections 143(2) and 160(1) so as to ensure that, except in situations concerning essential services in the strict sense of the term, acute national or local crisis and public servants exercising authority in the name of the State, recourse to compulsory arbitration is allowed only upon request of both parties. It notes the Government’s indication that the majority of cases submitted to the Labour Relations Board were in accordance with the collective agreements signed between employers and trade unions. The Committee once again recalls that in cases of disputes of interest, a provision which permits either party unilaterally to request the intervention of the labour authority to resolve a dispute may undermine effectively the right of workers to call a strike. Therefore, the Committee once again requests the Government to amend its legislation so as to bring it into conformity with the Convention and to provide information concerning the measures taken or envisaged in this respect.

The Committee had previously requested the Government to amend section 158(3) which 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 Government indicates that the requirement of two-thirds of the members of the union is not to decide on the action but to give the chance to the majority of members to attend and discuss the issue, to prevent unnecessary strike action and to protect the interests of most of the employees who could be affected by the action. 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. The Committee also recalls that the observance of a quorum of two-thirds of the members of a trade union may be difficult to reach especially where the trade unions have large numbers of members covering a large area. The Committee therefore once again requests the Government to amend section 158(3) of the Labour Proclamation so as to lower the quorum required for a strike ballot and to provide information in its next report on the progress made in this respect.

The Committee once again requests the Government to ensure that the provisions of the Labour Proclamation 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 120(c) until they have been brought into conformity with the provisions of the Convention.

The Committee once again requests the Government to take the necessary measures, without delay, to bring the legislation and practice into full conformity with the Convention, and to provide detailed information in its next report on the progress made thereon, as well as on the time frame for such action.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the communication dated 24 August 2010 submitted by Education International (EI), as well as the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) in 2008. The Committee further notes the conclusions and recommendations of the Committee on Freedom of Association of June 2010, as regards allegations of serious violations of trade union rights and interference in the internal organization of the Ethiopian Teachers’ Association (Case No. 2516).

The Committee notes that the Government indicates, in its reply, that it categorically rejects the allegations of interference in the affairs of independent associations and states that, without the free and unfettered operation of independent associations, the democratization effort in the country will not succeed. The Government’s report adds that it has repeatedly explained that the right to form associations was a constitutionally protected freedom that citizens freely exercise, that the 2006 Labour Proclamation upholds this fundamental constitutional right and guarantees to trade unions the right to engage in organized collective bargaining within the scope delineated by its provisions; that the numerous freely functioning trade union and professional associations attest to the fact that the national legislation is in compliance with the Convention; and that the labour law provides unions and associations with a “legal arsenal” to defend themselves against any form of undue intervention. The Committee also notes that the Government indicates that the allegation that the new Charities and Societies Proclamation No. 621/2009 limits the right to strike and collective bargaining is completely without legal or practical foundation; that the conditions for the exercise of the right to strike and collective bargaining are governed by the Labour Proclamation; that unions can pursue their objective through this available option; and that the law provides for a list of essential public services to be maintained during a strike and holds the guilty party accountable in the event that property damage occurs in the course of the exercise of such activities.

Teachers’ associations. In its previous comments, the Committee, also referring to the conclusions of the Conference Committee in 2009, had urged the Government to take without delay the necessary measures to ensure the resolution of the registration of the National Association of Ethiopian Teachers (NTA). The Committee notes that the Government indicates in its report that the NTA can request registration from the newly formed Charities and Societies Agency (CSA), established on the basis of the newly published Charities and Societies Proclamation No. 621/2009, and that, if registration is refused by the CSA, the NTA can bring the issue before a court of law, which could establish that the organization was unfairly denied registration. The Committee also notes that the Government’s report indicates that, at this stage, before the issues have found legal closure, it is not appropriate for the Government to get involved in this regard, but that, once the NTA is registered, the Government reiterates its assurance that, as required by law, the NTA will enjoy all the entitlements of recognition and services that all legal associations are entitled to receive.

The Committee notes that the EI indicates, in its communication, that, after an unsuccessful attempt by the NTA to be registered with the Ministry of Justice in December 2008, the second attempt to register, in February 2010, has consistently been discouraged verbally by officials of the newly created CSA. According to the EI, three officers of the CSA commented that some of the objectives of the NTA, specifically the task to promote quality education and implementing Education for All and HIV/AIDS prevention programmes, are the sole responsibility and duty of the Government and warned that a union had to stick to only defending the rights of its members. Moreover, the officers of the CSA allegedly instructed the NTA representatives to convince teachers to join the existing teachers’ association. On 7 May 2010, the NTA representatives requested the Director-General of the CSA to take the following actions: (i) either order the concerned officers to register NTA and issue certificate without further delay, or inform the NTA in writing of the refusal to register, in accordance with article 3.3; and (ii) provide the NTA with the address of the Charities and Societies Board since no one at the CSA could tell NTA the address of the Board, in order for NTA to be able to appeal grievance. As of 20 August 2010, no official response was notified to NTA representatives. Deeply regretting the time that has elapsed since the NTA first sought registration and recalling that the right to official recognition through legal registration is an essential facet of the right to organize since that is the first step that workers’ or employers’ organizations must take in order to be able to function efficiently, the Committee urges the Government to take all necessary measures to ensure that the NTA is registered without further delay so that teachers may fully exercise their right to form organizations for the furthering and defence of teachers’ occupational interests, and to provide information on the progress made in this respect in its next report.

As to the Charities and Societies Proclamation No. 621/2009, which was published on 13 February 2009, the Committee notes that the Government indicates in its report that the law was promulgated after extensive public discussions involving all stakeholders, and entered into force after the expiry of the period of time which was given to associations and various charities and societies to align themselves with its requirements. The Government’s report adds: that the Charities and Societies Proclamation aims at enhancing the participation of civil society organizations in developmental efforts of the country; that it clearly defines and regulates charities and societies and provides the necessary safeguards and due process in the framework of democratization efforts; and that no trade union or related association raised complaints on being aggrieved or restrained by this new law. The Committee notes that, according to its preamble, the Charities and Societies Proclamation is based on the need to “enact a law in order to ensure the realization of citizens’ right to association enshrined in the Constitution” and that the abovementioned CSA is the newly established state agency for the registration of associations. Nevertheless, the Committee notes with concern that the Charities and Societies Proclamation organizes an ongoing and close monitoring of the organizations established on its basis and gives governmental authorities great discretionary powers to interfere in the registration, internal administration and dissolution of the concerned organizations with respect to those falling within its scope, which appear to encompass civil servants, including teachers.

The Committee notes that a number of provisions of the Charities and Societies Proclamation raise issues of compatibility with the Convention:

–      the Charities and Societies Proclamation establishes 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 receive from foreign sources (article 2(2) and (3)); and, pursuant to article 14(5), only “Ethiopian Charities and Societies” – that is organizations all of whose members are Ethiopians, generate income from Ethiopia, are wholly controlled by Ethiopians and receive not more than 10 per cent of their funds from foreign sources – can take part in activities linked with the advancement of human and democratic rights, the promotion of the rights of the disabled and children’s rights, the promotion of conflict resolution or reconciliation and the promotion of the efficiency of the justice and law enforcement services. The Committee understands that workers’ and employers’ organizations the members of which “reside” in the country – who are not all nationals – that are receiving more than 10 per cent of their funds from foreign sources and whose purpose is to defend the social and economic rights and interests of their members would not be permissible under the Act and would not be able to carry out their activities in the defence of the interests of their members;

–      the Charities and Societies Proclamation authorizes the CSA to interfere in a range of administrative, financial and accounting issues concerning the internal functioning of the organizations, either explicitly or by using general wording that leaves a great margin of appreciation to the supervisory body through, inter alia, the following provisions: (i) pursuant to article 84(1) and (2), the CSA may “from time to time” institute inquiries with regard to charities or societies, either generally or for particular purposes and for the purposes of any such inquiry, the CSA “may by order” require the organization to furnish accounts and statements in writing, with respect to any matter in question at the inquiry, to furnish copies of documents in his custody or under his control, or to attend at a specified time and place and give evidence or produce documents; (ii) pursuant to article 85(1)(a), the CSA may, by order, require any charity or society or an employee thereof to furnish orally or in writing any information in her/his possession which relates to any charity or society; (iii) pursuant to article 86, any society shall notify the CSA in writing of the time and place of any meeting of its General Assembly, not later than seven working days prior to such meeting; (iv) pursuant to article 88(1), any organization shall allocate not less than 70 per cent of the expenses in the budget year for the implementation of its purposes and an amount not exceeding 30 per cent for its administrative activities; (v) pursuant to article 90, where, “at any time”, the CSA, upon an inquiry with respect to any organization, “is satisfied that there is or has been any misconduct or mismanagement” in the administration of the organization and that it is “necessary to act for the purpose of protecting the property” of the organization, the CSA may, inter alia, suspend the officer responsible for the misconduct or mismanagement; and (vi) an organization may not establish a branch, change its name, place of work or amend its rules without giving prior notice to the CSA (articles 72–73) and shall not use any symbol without having it previously registered by the CSA (article 74);

The Committee recalls that the right of workers and employers to establish organizations of their own choosing, without interference by the public authorities includes the right to freely decide on the structure and composition of the organization, as well as autonomy and financial independence; that legislative provisions regulating in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by public authorities; that such provisions should simply establish an overall framework in which the greatest possible autonomy is left to the organizations; that there is no infringement of these rights if, for example, the supervision is limited to the obligation of submitting periodic financial reports; that problems of compatibility with the Convention arise when the law requires that certain financial operations – such as the receipt of funds from abroad – be approved by the public authorities as well as when the administrative authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time; and that both the substance and the procedure of such verifications should always be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity (General Survey of 1994 on freedom of association and collective bargaining, paragraphs 78, 107, 124–126 and 135).

–      as regards the dissolution of organizations, pursuant to article 92(2)(e) of the Charities and Societies Proclamation, the licence of any organization shall be cancelled, inter alia, “where it commits a crime by violating the provisions of the criminal code or that of the Proclamation”; noting that, pursuant to article 93, an organization may be dissolved by the CSA when its licence has been cancelled, it would thus appear that any violation, by an organization, of any provision of the Proclamation, including minor administrative requirements, may lead to the cancellation of its licence and to its dissolution;

–      no suspensive effect is provided to the appeal procedure, since, pursuant to article 104(4), any organization in an appeal process, “in relation to registration or cancellation, shall be deemed not registered or cancelled until the final decision is made by the concerned authority”.

The Committee recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations, and should therefore be accompanied by all the necessary guarantees; that the organizations affected by such measures must have the right of appeal to an independent and impartial judicial body; and that the administrative decision should not take effect until a final decision is handed down (General Survey, op. cit., paragraphs 185 and 188).

–      as regards the registration process, the Charities and Societies Proclamation makes the acquisition of legal personality a prerequisite for the existence of an organization (articles 56(1) and 64(2)); moreover, the obligation to register with the CSA also applies to organizations that had already been registered before the publication of the Proclamation (article 111); in addition, the licence of the organization has to be renewed every three years (article 76(1)); and the wording used by article 69(2) would appear to allow the CSA to refuse to register an organization on a discretionary basis, since, according to this provision, the CSA shall refuse to register a charity or society where the proposed organization “is likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order”.

The Committee recalls that when legislation makes the acquisition of legal personality a prerequisite for the existence and functioning of an organization, the conditions for acquiring legal personality must not be such that they amount to a de facto requirement for previous authorization to establish an organization, which would be tantamount to calling into question the application of Article 2 of the Convention (General Survey, op. cit., paragraph 76);

–      as to the sanctions and penalties, noting that the Charities and Societies Proclamation requires the organizations to fulfil a large number of requirements – ranging from minor administrative demands to structural clauses and detailed accounting – the Committee understands that any failure to adhere to any of these provisions may constitute a criminal offence, since, pursuant to article 102(1), “any person who violates the provisions of the Proclamation shall be punishable in accordance with the provisions of the Criminal Code”; in addition to prison terms, heavy fines can also apply when any organization fails, inter alia, to keep its books of accounts, to record money received, its source and the amount expended, or fails to submit an annual statement of account, or fails to allocate not less than 70 per cent of its expenses for the implementation of its purposes and not exceeding 30 per cent for its administrative activities (article 102(2)); in addition, any employee who participates in the “criminal acts” established under article 102(2) shall, “without prejudice to the applicability of the relevant provisions of the Criminal Code prescribing a penalty of imprisonment”, be punishable with a fine (article 102(3)).

In these circumstances, taking into account the broad discretionary powers provided by the Charities and Societies Proclamation No. 621/2009 to public authorities, in particular through the establishment of the CSA, to interfere in the right to organize of workers and employers, as well as the requirement in the Proclamation that the funds of an association received from foreign sources not exceed 10 per cent, contrary to the right of workers’ organizations to organize their administration, the Committee urges the Government to take the necessary measures, without delay, to ensure that the Charities and Societies Proclamation is not applicable to the workers’ and employer’s organizations covered by the Convention and that such organizations are ensured effective recognition through legislation which is in full conformity with the Convention. The Committee requests the Government to provide information on all the steps taken in this regard and reminds the Government that it may avail itself of the technical assistance of the ILO in this respect.

Civil servants. Furthermore, in its previous observation, the Committee had recalled that it had requested the Government to take measures to amend the Civil Servant Proclamation, so as to ensure the right of civil servants, including teachers in public schools, to form and join trade unions. The Committee had noted that the Government indicated that this right is enshrined under article 42 of the Constitution and that government employees whose work compatibility allows for it and who are below a certain level of responsibility have the right to form associations to improve their conditions of employment and economic well-being. The Committee had also noted that the Government had expressed to all relevant bodies that it shall achieve full compliance gradually by preparing the necessary conditions and the capacity of the country to shoulder the full extent of this right.

The Committee notes that the Government indicates, in its report, that it is important to re-emphasize the fundamental fact that the Constitution explicitly provides that every person, including every civil servant, has the right to form associations for any cause or purpose; that civil servants with grievances in respect of their conditions of work are entitled to resort to legal mechanisms of redress under the legislation governing the civil service and other legal recourses, including the Office of the Ombudsperson; that it reiterates its position that there was not, nor could there be, any difference on whether civil servants should be able to form associations; and that the only difference is the timing. The Government’s report indicates that it is the Government’s assessment that the country is not ready to fully cater for such a framework; that this is the only explanation why the civil service legislation did not yet provide a separate association in the civil service; that as part of the democratization process in the country, the Government is fully engaged in implementing the civil service reform programme designed to provide efficient and speedy service to citizens; that at the present juncture, the Government has not developed the capacity to engage in a fully fledged collective bargaining process with civil servants; and that this is a matter to be presented for consideration by the legislature once the reform programme is successfully implemented and the necessary national capacity is in place. The Committee recalls the importance of ensuring that public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests. The Committee requests the Government to take the necessary measures to ensure that the freedom of association rights of civil servants, including teachers in the public sector, are fully guaranteed, and to provide information on the progress made in this respect in its next report.

Furthermore, in its previous comments, the Committee had urged the Government to conduct a full and independent inquiry without delay into the allegations made by the ITUC and EI, relating to arrests of trade unionists, their torture and mistreatment while in detention, and continuing intimidation and interference. The Committee had noted the Government’s statement that all allegations that are presented with credible evidence will be fully investigated by constitutional bodies including the courts, the Ethiopian Human Rights Commission, the Office of the Ombudsperson, or by a mechanism approved by the House of Peoples’ Representatives. The Committee notes that the Government further indicates in its report that, on 8 May 2009, the second Criminal Bench of the Federal High Court found Mr Meqcha Mengistu guilty and sentenced him to three years’ imprisonment; that he was released after receiving a pardon and that Ms Wubit Ligamo, who the Government denies was mistreated while in prison, was also released. While welcoming these releases, the Committee deeply regrets that the Government has never provided any information on the investigations expected into the allegations of torture and maltreatment of the detained trade unionists.

Labour Proclamation (2003). Finally, the Committee recalls that for several years it has been expressing its concern over the Labour Proclamation (2003), which falls short of ensuring full application of the Convention. In particular, the Committee recalls that it had previously requested the Government:

–      to ensure the right to organize of the following categories of workers who are excluded, by section 3, from the scope of application of the Labour Proclamation: workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); workers under contract of personal service for non-profit-making purposes; managerial employees, as well as employees of state administration; judges and prosecutors, who were governed by special laws;

–      to delete air transport and urban bus services from the list of essential services in which strike action is prohibited (section 136(2));

–      to amend its legislation so as to ensure that, except in situations concerning essential services in the strict sense of the term, acute national crisis and public servants exercising authority in the name of the State, recourse to compulsory arbitration is allowed only upon the request of both parties;

–      to amend section 158(3), according to which the strike vote should be taken by the majority of the workers concerned in a meeting in which at least two‑thirds of the members of the trade union were present, so as to lower the quorum required for a strike ballot; and

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

The Committee requests the Government to take the necessary measures, without delay, to bring the legislation and practice into full conformity with the Convention, and to provide detailed information in its next report on the progress made thereon, as well as on the time frame for such action.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in relation to the recommendations of the 2008 direct contacts mission, the comments submitted by the International Trade Union Confederation (ITUC) in communications dated 29 August 2008 and 26 August 2009 on the application of the Convention. The Committee further notes the discussion that took place in the Conference Committee on the Application of Standards in June 2009.

In its previous comments, the Committee had urged the Government to conduct a full and independent inquiry without delay into the allegations made by the ITUC and the Education International (EI) relating to arrests of trade unionists, their torture and mistreatment when in detention, and continuing intimidation and interference. The Committee notes the Government’s indication that all allegations presented with credible evidence are fully investigated by constitutional bodies including the courts, the Ethiopian Human Rights Commission, the Office of the Ombudsman, or by a mechanism approved by the House of Peoples’ Representatives. The Committee requests the Government to indicate in its next report the status and specific details on the outcome of the ongoing investigations of each of the abovementioned allegations.

In its previous comments, the Committee urged the Government to take the necessary measures to ensure the resolution of the registration of the National Association of Ethiopian Teachers (NTA). It further notes the conclusions of the Conference Committee in which the Government was asked to report on the measures taken to ensure concrete progress including the registration of the NTA. The Committee regrets to note that the NTA has not yet been registered despite its comments and the conclusions of the Conference Committee and urges the Government to ensure its registration without delay so that all teachers may fully exercise the right to establish and join organizations of their own choosing.

The Committee recalls that in previous comments it had requested the Government to take measures to amend the Civil Servant Proclamation, so as to ensure the right of civil servants, including teachers in public schools, to form and join trade unions. The Committee notes that the Government indicates that this right is enshrined under article 42 of the Constitution and provides that government employees whose work compatibility allows for it and who are below a certain level of responsibility have the right to form associations to improve their conditions of employment and economic well-being. In addition, the Government states that it has expressed to all relevant bodies that it shall achieve full compliance gradually by preparing the necessary conditions and the capacity of the country to shoulder the full extent of this right. The Committee recalls that public servants, like all other workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests. The Committee once again urges the Government to provide in its next report information on the measures taken to fully guarantee the rights under the Convention to civil servants (including teachers in the public sector).

The Committee once again recalls that for several years it has been expressing its concern over the Labour Proclamation (2003), which falls short of ensuring full application of the Convention. In particular, the Committee recalls that it had previously requested the Government:

–      to ensure the right to organize of the following categories of workers excluded, by section 3, from the scope of application of the Labour Proclamation: workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); contract of personal service for non-profit-making purposes; managerial employees, as well as employees of state administration; judges and prosecutors, who were governed by special laws;

–      to delete air transport and urban bus services from the list of essential services in which strike action is prohibited (section 136(2));

–      to amend its legislation so as to ensure that, except in situations concerning essential services in the strict sense of the term, acute national crisis and public servants exercising authority in the name of the State, recourse to arbitration is allowed only upon the request of both parties;

–      to amend section 158(3), according to which the strike vote should be taken by the majority of the workers concerned in a meeting in which at least two-thirds of the members of the trade union were present, so as to lower the quorum required for a strike ballot; and

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

The Committee regrets that the Government provides no indication as to the concrete measures taken to bring the legislation and practice into greater conformity with the Convention, nor is there any mention of a timetable on steps to be taken as requested by the Conference Committee. In these circumstances, the Committee urges the Government to provide detailed information with its next report on the measures envisaged in this regard and on the time frame for such action.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee regrets that the Government’s report contains no observations on the comments previously submitted by the International Confederation of Free Trade Unions (ICFTU, now ITUC), the Education International (EI) and the ITUC alleging serious violations of teachers’ trade union rights and, in particular, of the Ethiopian Teachers’ Association (ETA). The Committee expresses deep concern over the failure of the Government to conduct a full and independent inquiry into the allegations made relating to arrests of trade unionists, their torture and mistreatment when in detention, and continuing intimidation and interference. The Committee recalls that when disorders have occurred involving loss of human life or serious injuries, the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions. Judicial inquiries of this kind should be conducted as promptly and speedily as possible, since otherwise there is a risk of de facto impunity which reinforces the climate of violence and insecurity and which is therefore highly detrimental to the exercise of trade union activities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 29). The Committee urges the Government to conduct a full and independent inquiry without delay into all of the comments made by the ITUC and earlier by the ICFTU and EI and to provide information on the outcome.

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

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

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

–      to ensure the right to organize of the following categories of workers excluded, by section 3, from the scope of application of the Labour Proclamation: workers who’s employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); contract of personal service for non-profit-making purposes; managerial employees, as well as employees of state administration; judges and prosecutors, who were governed by special laws;

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

–      to amend its legislation so as to ensure that, except in situations concerning essential services in the strict sense of the term, acute national crisis and public servants exercising authority in the name of the State, recourse to arbitration is allowed only upon the request of both parties. In this respect, the Committee had noted that section 143(2) of the Labour Proclamation allowed the aggrieved party to the labour dispute to take the case to the Labour Relations Board for arbitration or to the appropriate court. In this case, the strike was considered unlawful (section 160(1)). In the case of essential services, as listed in section 136(2), the dispute was referred to an ad hoc board for arbitration (section 144(2));

–      to amend section 158(3), according to which the strike vote should be taken by the majority of the workers concerned in a meeting in which at least two-thirds of the members of the trade union were present, so as to lower the quorum required for a strike ballot; and

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

The Committee notes the Government’s indication that the Labour Proclamation is being examined with a view to amendment. In this regard, the Government indicates that employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes, as well as of managerial employees are the issues to be discussed by the labour proclamation drafting committee. The Government further indicates that the Committee’s observations on essential services, compulsory arbitration, the need to lower the strike quorum required for a strike ballot, as well as the matter of dissolution of trade unions are also to be discussed by the drafting committee. The Committee expects that the Labour Proclamation will be soon amended so as to ensure its full conformity with the Convention. It requests the Government to indicate any progress made in this respect.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. The Committee regrets that the Government’s report is limited to the indication of legislative provisions which, according to the Government, ensure the application of the Convention, despite the fact that the Conference Committee on the Application of Standards, after noting the non-application of the Convention over many years, had requested the Government in June 2007 to provide detailed information to the Committee of Experts.

The Committee regrets that the Government provided no reply to the previous comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) and the Education International (EI), which concerned similar allegations and specifically the following: (1) Ethiopian Teachers’ Association’s (ETA) offices closed, documents and electronic equipment confiscated from offices in 2005 and its financial assets frozen since 1993; (2) nine teachers from the ETA’s Addis Ababa branch arrested and two badly beaten on 25 September 2005 following a meeting to discuss preparations for World Teachers’ Day; (3) approximately 24 teachers/ETA members detained in November 2005; (4) charges including conspiracy, armed insurrection, high treason and genocide brought against ETA’s leaders carrying sentences ranging from three years to the death penalty; (5) 58 teachers and ETA members believed to be still in prison, denied release on bail and prevented from meeting their lawyers at the end of 2005. The Committee takes note of the comments of the ITUC dated 28 August 2007 on the application of the Convention referring to the issues raised by the Committee above and alleging violations of teachers’ trade union rights (creation of a union controlled by the Government, disruption of trade union meetings, harassment, arrests, detention, torture and abduction of members of the ETA).

Furthermore, the Committee takes note of the discussion held on the application of the Convention in the Conference Committee in June 2007. The Committee notes the observations of the Government provided during the discussion on the allegations concerning the ETA with regard to the detention of some of its members, the alleged closure of its office and the alleged confiscation of the association’s property and documents provided by the Government to the Conference Committee. According to the Government, the allegations that it was supporting one ETA over the other, illegally transferring ETA union funds, detaining members of the other association and confiscating its property were utterly false and unfounded. Concerning the alleged detention of Mr Kebede, Chair of the Addis Ababa’s branch of the ETA, the Committee notes the Government’s statement that in April 2007, the Federal High Court ruled that Mr Kebede was to be released without charge, as he had no case to answer to. The Government indicated that there were no teachers in custody. While welcoming the acquittal and release of Mr Kebede and his colleagues, the Committee expresses deep concern over the new allegations made relating to recent arrests of trade unionists, their torture and mistreatment when in detention, and continuing intimidation and interference. The Committee recalls that when disorders have occurred involving loss of human life or serious injuries, the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions. Judicial inquiries of this kind should be conducted as promptly and speedily as possible, since otherwise there is a risk of de facto impunity which reinforces the climate of violence and insecurity and which is therefore highly detrimental to the exercise of trade union activities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 29). The Committee urges the Government to conduct a full and independent inquiry without delay into all of the allegations made by the ITUC and earlier by the ICFTU and EI and to keep it informed of the outcome. The Committee firmly encourages the Government to accept a direct contacts mission to the country, as requested by the Conference Committee on the Application of Standards and the Committee on Freedom of Association.

The Committee recalls that in its previous comments, it had addressed the following matters.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee had previously noted that according to the Labour Proclamation of 2003, by virtue of its section 3, was not applicable to the employment relations arising out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship), contract of personal service for non-profit-making purposes, managerial employees, as well as to employees of state administration, judges and prosecutors, who were governed by special laws. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee once again requests the Government to indicate how the right to organize of the abovementioned categories of workers is ensured in law and in practice and to transmit with its next report  any specific legislation in this respect.

The Committee notes Case No. 2516 pending before the Committee on Freedom of Association. It notes, in particular, that teachers employed in the public sector and civil servants are excluded from the right to form and join trade unions and that the Government is in the process of revision of the Civil Servant Proclamation, which would protect and guarantee the right of civil servants (including teachers in public schools). The Committee therefore urges the Government to ensure the right to freedom of association of civil servants, including teachers in the public sector, and to keep it informed of any progress made in this respect.

Article 3. Right of workers’ organizations to organize their programme of action without interference from public authorities. The Committee had previously noted that air transport and urban bus services were listed as essential services in which strike action is prohibited (section 136(2) of the Labour Proclamation). The Committee considers that these services do not constitute essential services in the strict sense of the term. The Committee therefore 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 had previously raised a concern over the compulsory arbitration imposed at the request of one party. The Committee had noted that section 143(2) of the Labour Proclamation allowed the aggrieved party to the labour dispute to take the case to the Labour Relations Board for arbitration or to the appropriate court. In this case, the strike 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 the request of both parties. The Committee therefore once again 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 had previously noted that section 158(3) of the Labour Proclamation concerning a strike ballot provided 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 were 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, op. cit., paragraph 170). The Committee once again requests the Government to 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 had also noted that section 120(c) of the Labour Proclamation allows the cancellation of an organization’s certificate of registration where an organization was found to have engaged in activities which were 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 the Government to 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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the comments of the International Confederation of Free Trade Unions (ICFTU) dated 12 July 2006 on the application of the Convention as well as the Government’s reply thereto. The ICFTU’s comments concern some issues raised in the Committee’s previous observation (limitation on the right to organize of certain categories of workers – employees of state administration, judges and prosecutors – limitations on the right to strike and possible arbitrary dissolution of trade unions) and allegations that in particular, concern violations of teachers’ trade union rights (limitations on the right to organize, creation of a union controlled by the Government, closing and occupation of offices and freezing of financial assets, sentencing and detention of members). The Committee also takes note of the comments dated 31 August 2006 of Educational International (EI) on violations of teachers’ trade union rights already mentioned by the ICFTU.

Concerning the alleged limitations on the right of teachers to organize, the Committee notes the Government’s reply to the effect that teachers in the private sector have the right to form trade unions under Labour Proclamation No. 377/2003 and that teachers employed in the public sector are also guaranteed the right to form professional associations (according to the Government, there are two such associations in Ethiopia) and that the Civil Agency of the Federal Democratic Republic of Ethiopia is still conducting further study as to how public servants in general as state employees can form unions. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee requests the Government to take all the necessary measures to guarantee that the right to organize of the abovementioned categories of workers is ensured in law and in practice.

Concerning the alleged detention of Mr Kebede, chair of the Addis Ababa’s branch of the Ethiopian Teachers’ Association (ETA), on 1 November 2005, the Committee notes the Government’s statement that his arrest has no relation whatsoever with his affiliation with the ETA as he was detained by a court order for his alleged involvement in the street violence organized by the opposition party, the Coalition For Unity and Democracy (CUD) after the May national elections in Ethiopia, and charged with two offences (outrage against the constitutional order and attack on the political and territorial integrity of the State). The Committee requests the Government to send its observations on the alleged occupation by the police of ETA’s headquarters on the same day and a copy of the judgement rendered against Mr. Kebede.

In respect to the allegation concerning the Government’s creation and control of a teachers’ trade union (according to the Government, called the Confederation of Ethiopian Trade Unions – CETU), the Committee notes the Government’s statement that this is a patently false and defamatory allegation. The Government underscores that CETU is an independent organization, which is established based on ILO Conventions, the Constitution, the labour law and other related rules and regulations, and has its own constitution and organizational modalities to perform its tasks free of government interference. In this respect, the Committee requests the Government to send its observations on the allegation that ETA’s union dues are being redirected to a controlled trade union.

Finally, the Committee notes the Government’s statement concerning the other ICFTU allegations that replies have been given to most of them and that others are out of date in the sense that files concerning them have been closed. In this respect, the Committee requests the Government to send its observations regarding the following ICFTU and EI concrete comments: (1) ETA’s offices closed, documents and electronic equipment confiscated from offices in 2005 and its financial assets frozen since 1993; (2) nine teachers from the ETA’s Addis Ababa branch arrested and two badly beaten on 25 September 2005 following a meeting to discuss preparations for World Teachers’ Day; (3) approximately 24 teachers/ETA members detained in November 2005; (4) charges including conspiracy, armed insurrection, high treason and genocide brought against ETA’s leaders carrying sentences ranging from three years to the death penalty; (5) 58 teachers and ETA members believed to be still in prison, denied release on bail and prevented from meeting their lawyers at the end of 2005. Furthermore, the Committee requests the Government to send its response to the Committee’s previous observation (see 2005 observation, 76th Session) for examination during the regular reporting cycle.

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

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the observations of the International Confederation of Free Trade Unions (ICFTU) in its communication dated 19 July 2004. The Committee also takes note of the reply of the Government to its observations of 2003.

Articles 2, 3 and 10. Right of teachers to unionize and the right of teachers’ organizations to organize their activities and formulate their programmes without interference by the public authorities. The Committee takes note of the Government’s observation that privately employed teachers can exercise the right to unionize and engage in collective bargaining as per the new Labour Proclamation No. 377/2003, and that teachers in the public sector can form professional associations.

The Committee further notes however, the ICFTU’s observations that the Ethiopian Teachers’ Association (ETA) is being harassed by the authorities, that its funds are frozen, that it is prevented from collecting membership fees and that its members are being harassed, intimidated and jailed, while the Acting Secretary-General Abate Angori has been summoned for questioning on several occasions by the Criminal Investigation Bureau. In addition, the ICFTU indicates that on 5 October 2003, the police prevented ETA from holding a public meeting to celebrate World Teachers’ day in Addis Ababa. According to the ICFTU, armed police surrounded ETA premises and prevented ETA from holding the meeting by blocking the routes to the square where the meeting was to take place and dispersing all those who were going to take part. The Committee further notes that according to the ICFTU, the police alleged that ETA had not given them the required 72 hours’ notice of the meeting while ETA states that it had received a letter alleging that it had not complied with the law or given proof of its legal status.

The Committee notes that the Government in its reply has indicated that all legally established organizations including ETA are free to hold meetings provided that they comply with the relevant law by giving prior notice of the meeting. According to the Government, this is necessary to ensure the maintenance of law and order during meetings. The Government has further indicated that ETA ought to have given prior notice and if it was not satisfied by the decision of the appropriate authority thereon, it could have moved the court for relief.

The Committee recalls in this respect that the right to organize public meetings constitutes an important aspect of trade union rights. Nevertheless, organizations must observe the general provisions relating to public meetings, which are applicable to everyone. The prohibition of demonstrations or processions on public streets, in particular in the busiest parts of the city, when it is feared that disturbances might occur, does not necessarily constitute an infringement of trade union rights, but the authorities should strive to reach agreement with organizers of the meeting to enable it to be held in some other place where there would be no fear of disturbances. While reasonable restrictions are acceptable, they should not result in breaches of fundamental civil liberties (see General Survey on freedom of association and collective bargaining, 1994, paragraph 37). The Committee trusts that the Government will take all measures necessary to ensure that any restrictions on the organization of public meetings by trade unions are reasonable and do not constitute infringement of fundamental civil liberties.

The Committee further notes the Government’s indication that the comments made by the ICFTU relating to the harassment of the officials and members of ETA are of a broad and sweeping nature and that there is no police record showing that Mr. Abate Angori has been summoned for questioning by the Criminal Investigation Bureau. The Committee observes the contradiction between the ICFTU’s comments and the Government’s reply and that the ICFTU has referred to other matters of interference in trade union activities, including the freezing of union funds and obstacles to the collection of dues, to which the Government has not replied. The Committee therefore requests the Government to provide further information on all the matters raised by the ICFTU and trusts that the Government will take all necessary measures to ensure that workers’ organizations may organize their activities and formulate their programmes without interference from the public authorities.

The Committee will examine other aspects of the Government’s report in respect of the application of the Convention during the regular reporting cycle of 2005.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports and the oral information provided by the Government representative to the Conference Committee in 2003, as well as the discussion which took place therein. It further notes the most recent conclusions and recommendations by the Committee on Freedom of Association in Case No. 1888 (see 330th Report, paragraphs 643-662). In this respect, the Committee has recently learned of the ruling made by the Ethiopian Federal High Court on 28 November 2003 concerning the legitimacy of the former leadership  of the Ethiopian Teachers’ Association (ETA). It requests the Government to transmit a copy of this ruling with its next report and to indicate all measures taken to ensure the full implementation of this ruling.

For many years, the Committee has been making comments concerning serious violations of the Convention which obstructed the rights of workers, without distinction whatsoever, to establish organizations of their own choosing and the right of these organizations to organize their activities without interference from the public authorities.

The Committee now notes from the Government’s report that after passing through exhaustive consultations with the social partners, the draft amendments have been finalized and submitted to the legislature.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee notes the proposed section 114(1), which stipulates that a trade union can be established in an undertaking where the number of workers is ten or more but that the number of workers in a trade union should not be less than ten. Noting from the Government’s report that this amendment is intended to allow for union diversity, the Committee asks the Government to confirm that this draft is indeed to be interpreted as meaning that more than one trade union may be established in the same enterprise.

Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants. In its previous comments, the Committee noted that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application and requested the Government to forward any draft legislation governing teachers’ associations and other government employees. In its latest report, the Government mentions that the new law for state administration has already been issued and entered into force. The Government also specifies that teachers are free to form associations to promote their occupational interests and that those working in Government institutions are governed by the Civil Servants Law, while those working in private undertakings are governed by the Labour Law. Recalling that teachers are excluded from the Labour Proclamation, the Committee requests the Government to transmit, with its next report, the specific provisions which guarantee to teachers, both civil servants and non-civil servants, the rights under the Convention. Furthermore, the Committee had noted in its previous comments that judges and prosecutors are also excluded from the Labour Proclamation. The Government states in its latest report that there are specific laws and regulations which govern the employment conditions of judges and prosecutors, namely the Federal Prosecutor Administration Council of Ministers Regulations No. 44/1996 and the Judicial Administration Commission Establishment Proclamation No. 24/1996. Having examined the latter, the Committee notes that this law does not deal with the freedom of association of judges and prosecutors. The Committee therefore requests the Government to transmit with its next report the specific provisions which guarantee to these categories of workers the right to organize to further and defend their occupational interests.

Articles 3 and 10. Right of worker’s organization to organize their programme of action without interference from public authorities. The Committee notes with interest the proposal to amend the definition of the list of essential services so as to remove railway services, inter-urban services, banks and postal services. It further notes, however, that air transport and urban bus services and filling stations would remain on the list. 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 the Government to take the necessary measures so that the abovementioned services are also deleted from the list of essential services.

As concerns compulsory arbitration, sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported by either of the disputing parties to the Ministry for conciliation and binding arbitration by the Labour Relations Board. The draft legislation proposed would channel interest disputes through conciliation and compulsory arbitration leading to a decision of the Labour Relations Board which can be appealed, on both questions of law and of fact, to the Federal High Court. However, the decision of the Federal High Court would still be final and binding. The Committee recalls that, except in situations concerning essential services in the strict sense of the term, and acute national crisis, arbitration awards should only be binding in cases where both parties agree. Furthermore, arbitration procedures should not be excessively long. The Committee therefore requests the Government to modify its draft legislation in this respect.

Article 4. Administrative dissolution of trade unions. The Committee notes with interest section 120 of the proposed amendment, which states that the Ministry may apply to the competent courts to cancel the certificate of registration of an organization on any one of the grounds contained in its subsections, thus eliminating the direct powers of cancellation of the administrative authorities to dissolve workers’ organizations or cancel their registration.

The Committee further notes that both the current and the proposed subsection 120(c) would allow 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, that some of the provisions of the Labour Proclamation restrict the right of workers to organize their activities contrary to the Convention, it requests the Government to 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.

Recalling that the Government has been referring to the draft legislation for nine years now, the Committee urges the Government to adopt rapidly the necessary modifications to the Labour Proclamation in order to bring it fully into line with the requirements of the Convention and take all the necessary measures to ensure the full respect of the civil liberties essential for the meaningful exercise of trade union rights.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, the oral information provided by the Government representative to the Conference Committee in 2002, as well as the discussion which took place therein and the resulting special paragraph in the Conference Committee’s report. It further notes the most recent conclusions and recommendations by the Committee on Freedom of Association in Case No. 1888 (see 327th Report, approved by the Governing Body at its 283rd Session (March 2002)).

In its previous comments, the Committee had expressed its deep concern over the extremely serious trade union situation, the Government’s interference in trade union activities, and the sentencing of Dr. Taye Woldesmiate, President of the Ethiopian Teachers’ Association, to a prison term of 15 years. The Committee notes with interest from the judgement of the Supreme Court of Ethiopia (10 May 2002) that Dr. Taye Woldesmiate and one co-defendant have been released and notes with satisfaction that the other co-defendants were acquitted.

As concerns the legislation relating to freedom of association, while noting the Government representative’s statement before the 2002 Conference Committee, that the initial draft of a new labour law has been examined by the appropriate authorities and is now in its final phase of exhaustive review, and noting in the Government’s report that the drafting process will be finalized soon, the Committee points out that the Government has been referring to the drafting of new legislation for over nine years now. The Committee is compelled to express, once again, its deep regret that no concrete progress or developments have yet occurred.

The Committee recalls that its previous comments concerned the following issues.

Article 2 of the Convention. Right of workers without distinction whatsoever to join an organization of their own choosing. The Committee had noted that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee considers that legislation which provides that only one trade union may be established for a given category of workers runs counter to the provisions of the Convention. It therefore once again urges the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants. In its previous comments, the Committee had noted that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application and had requested the Government to indicate how teachers’ associations could promote their occupational interests. It noted the Government’s statement for several years that a new law governing teachers’ associations and state administration employees was under way. The Committee urges the Government to take the necessary measures in the very near future to ensure that teachers and other civil servants may exercise fully the right to join and form the organization of their own choosing and requests it to forward any draft legislation governing teachers’ associations and other government employees, so that it may examine its conformity with the provisions of the Convention. Furthermore, having also noted that state administration officials, judges and prosecutors are also excluded from Proclamation No. 42-1993, the Committee reiterates its request that the Government indicate whether these categories of workers are entitled to associate to further and defend their occupational interests and if they will be covered by the proposed draft legislation mentioned above.

Article 4. Administrative dissolution of trade unions. In its previous comments, the Committee had noted with concern that the Ministry of Labour had cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. The Government had indicated in its last report that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. The Committee urges the Government to make diligent efforts to move their bill towards passage. It once again requests the Government to transmit with its next report any draft legislation or amendments which would ensure that an organization cannot be dissolved or suspended by an administrative authority.

Articles 3 and 10. Right of workers’ organizations to organize their programme of action without interference by the public authorities. In its previous comments, the Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike, namely: the definition of essential services contained in section 136(2) is too broad. The definition should, in particular, not include air transport and railway services, urban and inter-urban bus services, filling stations, bank and postal services (section 136(2)(a), (d), (f) and (h)). In addition, sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties. In order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the Committee suggests that the Government give consideration to the establishment of a system of minimum service in other services which are 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee once again requests that the Government amend its legislation so that the ban on strikes be limited to essential services in the strict sense of the term and so that disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or if they are in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee expresses its strong hope that the draft law which, according to the Government, is in its final phase, will contain all necessary provisions to amend the legislation and practice in order to comply with the requirements of the Convention, and to ensure the full respect of the civil liberties essential for the implementation of the Convention. The Committee urges the Government to provide copies of any relevant draft legislation as soon as possible.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received despite the fact that the Committee on the Application of Standards had requested a detailed report in 2001.

The Committee notes the oral information provided by the Government representative to the Conference Committee in 2001, as well as the discussion which took place therein and the resulting special paragraph in the Conference Committee’s report. It further notes the most recent conclusions and recommendations by the Committee on Freedom of Association in Case No. 1888 (see 325th Report of the Committee on Freedom of Association, approved by the Governing Body at its 281st Session, June 2001).

In its previous comments, the Committee had expressed its deep concern over the current, extremely serious, trade union situation and, in particular, the government interference in trade union activities.

The Committee had also expressed its concern regarding the conviction on charges of conspiracy against the State of the president of the Ethiopian Teachers’ Association, Dr. Taye Woldesmiate, who had been held in preventive detention for three years and who was sentenced to a prison term of 15 years. The Committee now notes with deep concern from the latest examination of the case before the Committee on Freedom of Association, that a hearing on Dr. Woldesmiate’s appeal of this decision has been adjourned 12 times since his conviction in 1999, without a discussion yet even being issued on the receivability of the appeal. In this regard, the Committee stresses the importance it places upon the observance of the right of all detained or accused persons, including trade unionists, to be tried promptly through normal judicial procedures, which includes in particular: the right to be informed of the charges brought against them, the right to have adequate time for the preparation of their defence, the right to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority in all cases, including cases in which trade unionists are charged with criminal offences, whether of a political nature or not, which in the Government’s view have no relation to their trade union functions (see General Survey on freedom of association and collective bargaining, 1994, paragraph 32).

While noting the Government representative’s statement before the Conference Committee that the drafting of a new law governing teachers’ associations and state administration employees is under way, the Committee recalls that the Government has referred to the drafting of new legislation for over seven years now and regrets that no specific progress or developments have yet occurred.

The Committee further recalls that its previous comments concerned the following.

Article 2 of the Convention. Right of workers without distinction whatsoever to join an organization of their own choosing. The Committee had noted that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee considers that legislation which provides that only one trade union may be established for a given category of workers runs counter to the provisions of the Convention. It therefore once again urges the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants. The Committee had noted that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application and had requested the Government to indicate how teachers’ associations could promote their occupational interests. The Committee notes from the Government representative’s statement before the Conference Committee that the draft law, including the proposal for the rights of civil servants to form unions, had already been drafted and had been submitted to the different stakeholders for comment and suggestions. The Committee requests the Government once again to forward any draft legislation governing teachers’ associations and other government employees. Furthermore, having also noted that state administration officials, judges and prosecutors are also excluded from Proclamation No. 42 1993, the Committee reiterates its request that the Government indicate whether these categories of workers are entitled to associate to further and defend their occupational interests and if they will be covered by the proposed draft legislation mentioned above.

Article 4. Administrative dissolution of trade unions. In its previous comments, the Committee noted with concern that the Ministry of Labour had cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. The Government had indicated in its last report that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. The Committee once again requests the Government to transmit with its next report any draft legislation or amendments which would ensure that an organization cannot be dissolved or suspended by an administrative authority.

Articles 3 and 10. Right of workers’ organizations to organize their programme of action without interference by the public authorities. In its previous comments, the Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike, namely: the definition of essential services contained in section 136(2) is too broad. The definition should, in particular, not include air transport and railway services, urban and inter-urban bus services, filling stations, bank and postal services (sections 136(2)(a), (d), (f) and (h)). In addition, sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties. In order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the Committee suggests that the Government give consideration to the establishment of a system of minimum service in other services which are 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 (see 1994 General Survey on freedom of association and collective bargaining, paragraph 160). The Committee once again requests that the Government amend its legislation so that the ban on strikes be limited to essential services in the strict sense of the term and so that disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or if they are in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee urges the Government to take all necessary measures to ensure the full respect of the civil liberties essential for the implementation of the Convention. Furthermore, the Committee urges the Government to communicate in its next report the measures taken to amend its legislation and practice in order to comply with the requirements of the Convention and, in particular, requests the Government to transmit copies of any relevant draft legislation as well as the court judgement concerning the appeal made by the President of the Ethiopian Teachers’ Association, Dr. Taye Woldesmiate.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s report as well as the statement of the Government’s representative to the Conference Committee on the Application of Standards in 2000 and the discussion that followed.

The Committee recalls its serious concern with regard to the trade union situation and in particular in relation to the government interference in trade union activities.

The Committee also expresses its concern regarding the conviction after three years of preventive detention of the president of the Ethiopian Teachers’ Association, Dr. Taye Woldesmiate, on charges of conspiracy against the State and sentenced to a prison term of 15 years. In this regard, the Committee recalls that the authorities must ensure observance of the right of all detained or accused persons, including trade unionists, to be tried promptly through normal judicial procedures, which includes in particular: the right to be informed of the charges brought against them, the right to have adequate time for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority in all cases, including cases in which trade unionists are charged with criminal offences, whether of a political nature or not, which in the Government’s view have no relation to their trade union functions (see General Survey on freedom of association and collective bargaining, 1994, paragraph 32).

The Committee further recalls that its previous comments concerned the following.

Article 2 of the Convention. Right of workers without distinction whatsoever to join an organization of their own choosing.  Trade union monopoly at the enterprise level.  The Committee had noted that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee notes that the Government states that it would hold tripartite discussions to determine the appropriateness of amending the labour law on this question. The Committee considers that legislation which provides that only one trade union may be established for a given category of workers runs counter to the provisions of the Convention. It therefore urges once again the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. Restrictions on the right to unionize of teachers and civil servants.  The Committee had noted that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application and had requested the Government to indicate how teachers’ associations could promote their occupational interests. In this regard, the Government states that following the adoption of the 1994 Constitution, teachers and other government employees had been guaranteed the right to form trade unions in order to bargain collectively with employers or other organizations affecting their interests. In accordance with the relevant constitutional provisions, the Ministry of Labour and Social Affairs and the Civil Service Commission have been preparing draft procedures and regulations on the formation of trade unions and collective bargaining to be included in the draft civil service law. During the preparation of the draft law, the concerned government employees would continue to enjoy their rights of freedom of association and collective bargaining provided for under the Civil Code. While taking note of this information, the Committee requests the Government once again to forward it any draft legislation governing teachers’ associations and other government employees. Furthermore, having also noted that state administration officials, judges and prosecutors are also excluded from Proclamation No. 42-1993, the Committee requests the Government to indicate whether these categories of workers are entitled to associate to further and defend their occupational interests and if they will be covered by the proposed draft legislation mentioned above.

Article 4. Administrative dissolution of trade unions.  The Committee had noted with concern that the Ministry of Labour cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. In this regard, the Government states that the Ministry of Labour and Social Affairs has submitted a draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. The Committee requests the Government to forward it any draft legislation or amendments which would ensure that an organization cannot be liable to be dissolved or suspended by administrative authority.

Articles 3 and 10. Right of workers’ organizations to organize their programme of action without interference by the public authorities.  The Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike, namely: the definition of essential services contained in section 136(2) is too broad and should in particular not include air transport and railway services, urban and inter-urban bus services and filling stations and bank and postal services (sections 136(2)(a), (d), (f) and (h)). In addition, sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties. While noting the Government’s statement according to which the issue of limiting the definition of essential services was being discussed in the Ministry and that the Labour Relations Board functions as an independent tripartite body, the Committee requests the Government once again to amend its legislation so that the ban on strikes is limited to essential services in the strict sense of the term and so that disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee urges once again the Government to communicate in its next report the measures taken to amend its legislation and practice in order to comply with the requirements of the Convention.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report as well as the statement of the Government's representative to the Conference Committee in 1999 and the discussion that followed.

The Committee recalls its serious concern with regard to the trade union situation and in particular in relation to the Government interference in trade union activities.

Article 2 of the Convention. The Committee notes from the Government's report that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee insists that a legislation which provides that only one trade union may be established for a given category of workers runs counter to the standards expressly laid down in the Convention. It therefore requests the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. In its previous comments, the Committee, noting that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application, requested the Government to indicate how teachers' associations could promote their occupational interests. The Committee requests once again the Government to indicate the precise provisions permitting teachers' associations to promote their occupational interests, and to forward to the Committee any draft legislation governing teachers' associations.

The Committee notes that despite being informed by the Government in its report of 1994 that a new law was expected to be adopted "in the very near future" to address the concerns that had been raised by the Committee with respect to the exclusion of state administration officials, judges and prosecutors from Proclamation No. 42, the Government has not since provided any information on the progress of this law. The Committee would once again ask the Government to indicate whether judges and prosecutors are entitled to associate to further and defend their occupational interests and requests it to inform the Committee of the status of any law related to this matter.

Article 4. The Committee had noted with concern that the Ministry of Labour cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. The Committee requests once again the Government to take measures to amend the legislation to ensure that an organization shall not be liable to be dissolved or suspended by administrative authority, and to keep it informed of any progress in this regard.

Articles 3 and 10. The Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike: the definition of essential services contained in section 136(2) is too broad and should in particular not include air transport and railway services, urban and inter-urban bus services and filling stations, bank and postal services (section 136(2)(a), (d), (f) and (h)); sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the ministry for conciliation and binding arbitration by either of the disputing parties. The Committee therefore requests once again the Government to amend its legislation so that the ban on strikes is limited to essential services in the strict sense of the term and disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee urges the Government to communicate in its next report the measures taken or contemplated to amend its legislation and practice in order to comply with the requirements of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report. It also notes the statement of the Government representative to the Conference Committee in 1998 and the discussion that followed, as well as the most recent conclusions of the Committee on Freedom of Association in Cases Nos. 1888 and 1908 (see 310th Report of the Committee on Freedom of Association, approved by the Governing Body at its 272nd Session, June 1998).

The Committee must again note with serious concern the grave allegations of violations of trade union rights brought before the Committee on Freedom of Association.

Articles 2 and 10 of the Convention. In its previous comments, the Committee, noting that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application, requested the Government to indicate how teachers' associations could promote their occupational interests. The Committee notes the statement of the Government representative to the Conference Committee that, as civil servant, they are governed by laws other than labour laws, and that specific legislation was under consideration. The Committee requests the Government to indicate the precise provisions permitting teachers' associations to promote their occupational interests, and to forward to the Committee any draft legislation governing teachers' associations.

The Committee notes that despite being informed by the Government in its report of 1994 that a new law was expected to be adopted "in the very near future" to address the concerns that had been raised by the Committee with respect to the denial of the right of state administration, judges, prosecutors and others to establish and join organizations for the promotion of their occupational interests, the Government has not since provided any information on the progress of this law. The Committee requests the Government to inform it of the status of this law, and reminds the Government that workers' and employers' without distinction whatsoever, are to have the right to establish and join organizations of their own choosing.

Article 3 (Right of workers to elect their representatives). The Committee notes that the Committee on Freedom of Association cases concern, inter alia, the forced removal of elected trade union leaders of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) and of the Ethiopian Teachers' Association (ETA). In this regard, the Committee recalls that the removal of trade union leaders and the nomination by the administrative authorities of members of the executive committees of trade unions constitutes a violation of Article 3 of the Convention. Noting that a judgement rendered by the Court of Ethiopia has upheld the claims made by ETA's elected leadership that they represent Ethiopian teachers, the Committee requests the Government to comply with this decision. The Committee notes that the Government has lodged an appeal on this decision. The Committee requests the Government to inform it of the outcome of the appeal and to provide a copy of the higher-court judgement as soon as it is handed down.

Article 4. The Committee notes with concern that the Ministry of Labour has cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation, and observes that the Federal High Court has confirmed the decision of the Ministry. The Committee requests the Government to take measures to amend the legislation to ensure that an organization shall not be liable to be dissolved or suspended by administrative authority, in conformity with Article 4 of the Convention and to keep it informed of any progress in this regard.

Articles 3 and 10. The Committee notes that Labour Proclamation contains broad restrictions on the right to strike: the definition of essential services contained in section 136(2) is too broad and should notably not include air transport and railway services, urban and inter-urban bus services and filling stations, banks and postal and telecommunications services (section 136(2)(a), (d), (f) and (h)); sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties.

The Committee therefore requests the Government to amend its legislation so that the ban on strikes is limited to essential services in the strict sense of the term and disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree or in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

Finally, the Committee is addressing a request directly to the Government.

[The Government is requested to report in detail in 1999.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with serious concern the grave allegations of violations of trade union rights brought before the Committee on Freedom of Association in Cases Nos. 1888 and 1908 (see 308th Report of the Committee on Freedom of Association approved by the Governing Body at its 270th Session (November 1997)).

Articles 2 and 10. Noting that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application, the Committee asks the Government to indicate how teachers' associations can promote their occupational interests.

Noting further that a new law to govern employees of state administration, judges, prosecutors and others was expected to be in effect in the near future, the Committee requests the Government to provide information in its next report on any progress made in the adoption of this draft legislation so as to ensure that these categories of employees enjoy the right to establish and join organizations for the promotion of their occupational interests.

Article 3. (Right of workers to elect their representatives). The Committee notes that these cases concern, in particular, the forced removal of elected trade union leaders of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) and of the Ethiopian Teachers' Association (ETA). In this regard, the Committee recalls that the removal of trade union leaders and the nomination by the administrative authorities of members of the executive committees of trade unions constitutes a violation of Article 3 of the Convention. Noting that the Government has appealed a judgement rendered by the Court of Ethiopia upholding the claims made by ETA's elected leadership that they represent Ethiopian teachers, the Committee requests the Government to provide a copy of the higher court judgement as soon as it is handed down.

Article 4. The Committee notes with concern that the Ministry of Labour has cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) and observes that the Federal High Court has confirmed the decision of the Ministry. The Committee requests the Government to send a copy of the Court decision in this matter.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the Government's report has not been received.

2. The Committee notes the comments made by the Ethiopian Teachers' Association (ETA) and Education International (EI) in a complaint lodged before the Committee on Freedom of Association (Case No. 1888), relating to alleged violations of freedom of association carried out by the Government vis-à-vis ETA, thereby resulting in ETA's inability to exercise any free and legitimate trade union activities. The Committee would request the Government to provide its comments on the above-mentioned observations especially in view of the fact that section 3(2)(b) of Labour Proclamation No. 42/1993 excludes teachers from its scope of application. The Committee would further request the Government to provide a copy, if any, of relevant legislation that allows teachers to establish and join organizations in order to promote their occupational interests.

3. The Committee had previously noted that a new law, which would govern employees of state administration, judges, prosecutors and others, was expected to be in effect in the near future. The Committee requests the Government to inform it, in its next report, of any progress made in the adoption of this draft legislation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information provided by the Government in its report. The Committee notes with interest that a new law, which would govern employees of state administration, judges, prosecutors and others, is expected to be effective in the very near future. The Committee would request the Government to keep it informed of any progress made in the adoption of this draft legislation, as well as to transmit a copy of the text of the legislation as soon as it has been adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report in relation to the Committee's comments concerning Labour Proclamation No. 42/1993.

1. The Committee notes from the Government's report that persons such as employees of state administration, judges, prosecutors and others are governed by special laws (section 3(2)(e)).

The Committee would remind the Government that the Convention provides that workers, without distinction whatsoever, shall have the right to establish and join organizations of their own choosing (Article 2 of the Convention), and that only the armed forces and the police can be excluded from this right (Article 9(1)). The Committee requests the Government to indicate in its next report the names and provide copies of the special laws that govern the persons excluded by section 3(2)(e) of the Proclamation from its scope of application.

2. In its previous direct request, the Committee had considered that in view of the prohibition on the right to strike for workers of undertakings which rendered essential services (section 157(3)), the definition of essential services contained in section 136(2) was too broad and should notably not include air transport and railway services, urban and inter-urban bus services and filling stations, banks and postal and telecommunications services (section 136(2)(a), (d), (f) and (h)). The Committee notes the Government's statement that, given the fact that there are only single enterprises which render services in the above sectors, stoppage of such services would disrupt and endanger the normal lives of the public. Consequently, it would be difficult to lift the restrictions on the right to strike in these sectors until such time that other alternatives develop to render similar services to the public in case of strikes which might occur in these single enterprises.

The Committee recalls the importance of the principle that workers and their organizations should have the possibility to strike in furtherance and defence of their economic, social and professional interests. It stresses that in situations where limitations or prohibition of strike apply, as in services whose interruption would unsettle or endanger the life of the population, the workers are deprived of all essential means to further their collective claims. They should, in compensation, be able to avail themselves of the guarantees for the settlement of collective disputes and workers and employers should be able to participate in the various stages of the procedure.

The Committee would ask the Government to indicate in its next report any decision taken where recourse to industrial action was prohibited in the above-mentioned sectors during the period covered by the report, as well as any situation in which the guarantees of settlement of collective disputes have been applied.

3. The Committee notes the Government's statement that federations and confederations enjoy the same protection as is afforded to first-level organizations under the Proclamation.

4. The Committee notes from the Government's report that Labour Proclamation No. 223/83, respecting the consolidation of peasants' organizations, deals with peasants who are self-employed and that they are therefore outside the scope of labour-related legislation.

The Committee would ask the Government to indicate whether peasants employed on their own account enjoy the right to establish organizations of their own choosing to further and defend their economic and social interests outside the existing structure, under Proclamation No. 223 which as yet does not seem to have been repealed.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes with satisfaction that Labour Proclamation No. 42/1993 which entered into force on 20 January 1993 removes most of the incompatibilities with the Convention that was established by previous labour legislation. It would however request the Government for clarification on the following points:

1. The Committee would ask the Government to provide information on what measures have been taken to allow workers mentioned in section 3(2)(a), (b), (c) and (e) of the Proclamation and who are currently excluded from its scope, to establish and join organizations in order to promote their occupational interests, in conformity with Article 2 of the Convention. The Committee further requests the Government to provide copies, if any, of the relevant legislation.

2. The Committee notes that the legislation contains broad restrictions on the right to strike: the definition of essential services contained in section 136(2) is too broad and should notably not include air transport and railway services, urban and inter-urban bus services and filling stations, banks and postal and telecommunications services (section 136(2)(a), (d), (f) and (h)); sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the Ministry for conciliation and binding arbitration by either of the disputing parties.

The Committee therefore requests the Government to amend its legislation so that the ban on strikes is limited to essential services in the strict sense of the term and disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree or in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

3. The Committee requests the Government to provide information on whether federations enjoy the same protection as is afforded to first-level organizations under the Proclamation, in conformity with Article 6 of the Convention.

4. The Committee requests the Government to indicate whether Labour Proclamation No. 223 respecting the consolidation of peasants' organizations has been repealed since section 192 of this Proclamation which repeals other labour-related legislation does not refer to it.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report as well as the discussion which took place at the Conference Committee in June 1992.

With reference to its previous comments, the Committee notes with satisfaction that Labour Proclamation No. 42/1993, which repeals previous labour legislation and which takes into account the Committee's previous observations, entered into force on 20 January 1993. This Labour Proclamation removes the imposition of a single trade union system established by previous legislation and recognizes the right of workers and employers to establish and join trade unions and employers' associations respectively in order to represent their members in collective bargaining. It also provides for the right to strike of workers to some extent. It does not exclude domestic workers from its scope of application.

However, the Committee is addressing a direct request to the Government concerning certain aspects of this Proclamation with regard to the application of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and notes, in particular, that the transitional Government of Ethiopia has set up a committee that will revise the labour legislation in the light of the new developments in the country which include the new economic policy and the charter of the transitional Government.

While noting these developments, the Committee refers to its previous comments - particularly its detailed observation of 1989 - and points out that the discrepancies between the legislation and the Convention concern the following points, in relation to Proclamations Nos. 148, 222 and 223 and the Labour Proclamation of 1975:

- the organisation of workers and peasants into a single trade union system imposed by legislation;

- the obligation upon workers' trade unions and peasants' associations to disseminate among workers the Government's development plans and Marxist-Leninist theory, and to apply the political and economic directives of the higher authorities;

- the formulation of the rules of workers' organisations and peasants' associations by the higher trade union organisations referred to by name in the legislation;

- the right of affiliation to international organisations, which is reserved to the All-Ethiopia Trade Union;

- restrictions on the right to strike;

- the non-recognition of trade union rights for public servants and domestic staff;

- the right of workers, including self-employed persons associated in cooperatives, and the right of employers to establish occupational organisations of their own choosing, including organisations outside the existing structure, if they so wish, in accordance with the principles set out in the Convention.

The Committee trusts once again that the new labour legislation, giving effect to the Convention and taking account the above comments and its previous observations, will be adopted at an early date. It requests the Government to transmit a copy of it as soon as it is adopted.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes the information supplied by the Government in its last report and, in particular, that Ethiopia has now adopted a new economic policy based on a mixed system combining private and state property and co-operatives. This economic reform involves a re-examination of the new draft Labour Code, which is soon to be adopted by the national assembly (the National Shengo), since the committee that was set up to review it has now finished its work and submitted its opinion to the State Council.

While noting these developments, the Committee refers to its previous comments - particularly its detailed observation of 1989 - and points out that the discrepancies between the legislation and the Convention concern the following points, in relation to Proclamations Nos. 148, 222 and 223 and the Labour Proclamation of 1975:

- the organisation of workers and peasants into a single trade union system imposed by legislation;

- the obligation upon workers' trade unions and peasants' associations to disseminate among workers the Government's development plans and Marxist-Leninist theory, and to apply the political and economic directives of the higher authorities;

- the formulation of the rules of workers' organisations and peasants' associations by the higher trade union organisations referred to by name in the legislation;

- the right of affiliation to international organisations, which is reserved to the All-Ethiopia Trade Union;

- restrictions on the right to strike;

- the non-recognition of trade union rights for public servants and domestic personnel;

- the right of workers, including self-employed persons associated in co-operatives, and the right of employers to establish occupational organisations of their own choosing, including organisations outside the existing structure, if they so wish, in accordance with the principles set out in the Convention.

The Committee trusts that a new Labour Code, giving effect to the Convention and taking account of the above comments and its previous observations, will be adopted rapidly. It requests the Government to transmit a copy of it as soon as it is adopted.

[The Government is asked to supply full particulars to the Conference at its 78th Session and to report in detail for the period ending 30 June 1991.]

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its last reports and, in particular, that the draft Labour Code is currently being completed in the light of the Committee's comments and that in the near future it is due to be submitted to the "National Shengo".

2. The Committee recalls that the discrepancies between the legislation and the Convention concerned the following points:

- the organisation of workers and peasants into a single trade union system (sections 6, 9 (4), (5) and (11) of Proclamation No. 222 respecting trade unions, and sections 9, 10 (3), 29 and 30 of Proclamation No. 223 respecting the consolidation of peasants' organisations);

- the obligation upon workers' trade unions and peasants' associations to disseminate among workers the Government's development plans and Marxist-Leninist theory, and to apply the political and economic directives of the higher authorities (section 5 of Proclamation No. 222 and sections 6 (3), 15 (4) and 22 (4) of Proclamation No. 223);

- the formulation of the rules of workers' organisations and peasants' associations by the higher trade union organisations referred to by name in the legislation, namely: the All-Ethiopia Trade Union (section 6 (7) of Proclamation No. 222) for workers' trade unions, and the All Ethiopia Peasants' Association (section 30 (6) of Proclamation No. 223) for peasants' associations;

- the right of affiliation to international organisations, which is reserved to the All-Ethiopia Trade Union (section 6 (6) of Proclamation No. 222);

- restrictions on the right to strike (sections 99 (3) and 106 of the Labour Proclamation of 1975);

- the non-recognition of trade union rights for public servants and domestic personnel;

- the right of employers to establish employers' organisations in accordance with the principles set forth in the Convention. (Proclamation No. 148 of 1978 on the Chamber of Commerce entrusts employers' organisations with the implementation of the revolutionary programme and lays down that the Secretary-General of the National Chamber of Commerce is appointed by the responsible Minister).

Single trade union system set forth by law

(a) For several years, the Committee noted that Proclamation No. 222 imposed upon workers a system of organisation which, at the highest level, resulted in the creation of an expressly designated single national trade union, namely the All-Ethiopia Trade Union (AETU), by obliging base-level trade unions to conform to the rules formulated by the AETU and by subordinating trade union bodies to ideological and economic policies. It requested the Government to amend the legislation in order to safeguard the right of workers to establish trade union organisations of their own choosing outside the existing trade union structure.

According to the information supplied by the Governement, the system of trade union organisation that is currently in force is a result of the common will of the workers. However, in accordance with section 47 of the Constitution, which guarantees the right of association, the Government states that it is prepared to envisage amending the legislation in the light of the Committee's comments.

The Committee notes these statements and points out that the principle of workers' freedom of choice of their organisations, as set forth in Article 2 of the Convention, does not imply an expression of support for the idea of trade union unity or for trade union pluralism. It means that pluralism must remain possible under the legislation. Furthermore, it wishes once again to emphasise that where a single trade union system implies that the trade union organisations are to conform to the rules formulated by the single national trade union, to disseminate Marxist-Leninist theory and to apply the Government's economic and political directives, workers' organisations do not have the right to organise their administration and activities and to formulate their programmes without interference from the public authorities (Article 3 of the Convention).

The Committee requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention.

(b) The Committee made identical comments concerning the peasants' associations established under the terms of Proclamation No. 223.

The Government once again indicates that peasants are either state employees considered as workers under the terms of the Labour Proclamation of 1975 and covered by Proclamation No. 222, or workers associated in co-operatives, who are excluded from the Proclamation of 1975 by virtue of section 1 (27) and are regulated by Proclamation No. 223.

In the Government's opinion, this latter category of peasants are not workers in the sense of Convention No. 87, but come under the Rural Workers' Organisations Convention, No. 141, which Ethiopia has not ratified.

The Committee nevertheless points out that Convention No. 87, in Article 2, covers workers "without distinction whatsoever". This expression in the sense of Convention No. 87 does not refer to the legal status of workers and cannot, in any case, be restricted to the concept of employee as usually understood in national labour legislation, and consequently all workers irrespective of the juridical nature of employment relationship are covered by the Convention. Furthermore, Convention No. 87, by referring to workers' organisations, does not limit the rights set forth in its second Article only to trade unions, but applies to any form of workers' organisations.

In the Committee's opinion, the rural workers covered by Proclamation No. 223 and the associations that are established in conformity with that Proclamation are respectively workers and workers' organisations in the sense of Convention No. 87.

The Committee trusts that the Government will take this interpretation into account and that the above provisions of Proclamation No. 223 will be amended in order to guarantee peasants employed on their own account or grouped in associations, who so wish, the right to establish organisations of their own choosing to further and defend their economic and social interests, outside the existing trade union structure.

International affiliation

With regard to the right to affiliate with international organisations, which is recognised exclusively for the AETU, the Committee understands, from the information supplied, that this provision may be re-examined. The Committee points out that this right must be recognised for all workers' organisations, without distinction, in accordance with Article 5 of the Convention. It requests the Government to indicate the measures that have been taken in order to give effect to the Convention in this respect.

Restrictions on the right to strike

In its previous comments, the Committee noted that sections 99 (3) and 106 of the Labour Proclamation of 1975 could result in practice in a prohibition of the right to strike. According to the information supplied, the Government considers that the right to strike is not restricted by the Constitution and states that specific legislation is envisaged in this connection once the new Labour Code has been adopted.

While noting this statement, the Committee points out that the right to strike is one of the means available to workers' organisations to defend their interests (Article 10 of the Convention) and to formulate their programmes ( Article 3 of the Convention) and cannot be restricted, following mediation and conciliation procedures, except in the case of public servants acting in their capacity as agents of the public authority, or in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis (see, in this connection, paragraphs 214 and 226 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to indicate the measures that have been taken in order to modify the legislation.

The trade union rights of public servants and domestic personnel

In its previous observations, the Committee noted that distinct practical measures would be taken to recognise the trade union rights of public servants and domestic personnel once the new labour legislation had been adopted.

Noting that the formulation of the new labour legislation is being completed, the Committee trusts that the measures that have been announced concerning these workers will be adopted in the near future and requests the Government to supply information on the progress achieved in this respect.

The right to organise of employers

In its previous observations, the Committee noted that employers' organisations established by virtue of Proclamation No. 148 of 1978 on the Chamber of Commerce were not employers' organisations in the sense of the Convention, that is organisations for furthering and defending the interests of employers without interference by the public authorities.

The Committee notes, from the information supplied by the Government, that a draft Proclamation respecting chambers of commerce has been submitted to the Council of Ministers.

The Committee requests the Government to indicate the measures that have been taken to guarantee employers the right to organise in organisations of their own choosing, without interference from the public authorities, and to transmit a copy of the draft Proclamation.