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