Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (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.]