Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee recalls 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 by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). 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 invited the Committee of Experts to review the situation also in respect to Eritrea when the Government reports on the application of Convention No. 111.

2. In the context of the above, the Committee requested the Government to include in its first report on the Convention 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 who may be accused in the future of engaging in activities prejudicial to the security of the State.

3. The Committee notes from the Government’s first report that under article 14 of the Constitution all persons are equal under the law and that no person may be discriminated against on account of race, ethnic origin, language, colour, gender, religion, disability, age, political view, or social or economic status or any other improper factors. According to section 23(4) of the Labour Proclamation of Eritrea (No. 118/2001) an employee’s race, colour, nationality, sex, religion, lineage, pregnancy, family responsibility, marital status, political orientation or social status may not constitute legitimate grounds for the termination of an employment contract by an employer. Section 118(7) provides that acts done by an employer, which discriminate on the grounds of race, colour, social origin, nationality, sex, political orientation or religion, are considered to be unfair labour practice, an offence punishable under section 156 of the Proclamation. The Committee asks the Government to provide information on the application of these provisions in practice and on any concrete measure 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. Further, the Committee reiterates its request for information on points (a)-(c) mentioned in point 2 of the present observation.

In addition, a request regarding other points is being addressed directly to the Government.