Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions. The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998 and that it must consider the situation in its broader context, while making it clear that in doing so that only Ethiopia was bound at that time by Conventions Nos. 111 and 158. The Governing Body invited the Committee of Experts to review the situation in respect to Eritrea when the Government reports on the application of Convention No. 111, which entered into force for Eritrea on 22 February 2001 (see GB.282/14/5).

2. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU framework agreement and modalities for its implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief.

3. In the light of the above, the Committee requests the Government to include in its first report on the application of the Convention, which is due in 2002, information on the measures taken to ensure that there is no discrimination against Ethiopian workers and Eritreans of Ethiopian origin on the grounds of political opinion and national extraction, as well as on the following points: (a) the cooperation with the Government of Ethiopia and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (b) the measures taken, in line with any decision of the claims commission, to remedy as fully as possible the situation of the displaced workers and to grant appropriate relief; and (c) the measures taken to provide for an effective right of appeal for those persons that may be accused in future of engaging in activities prejudicial to the security of the State.