Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (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.]