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

The Committee notes with regret that the Government’s report has not been received despite the fact that the Committee on the Application of Standards had requested a detailed report in 2001.

The Committee notes the oral information provided by the Government representative to the Conference Committee in 2001, as well as the discussion which took place therein and the resulting special paragraph in the Conference Committee’s report. It further notes the most recent conclusions and recommendations by the Committee on Freedom of Association in Case No. 1888 (see 325th Report of the Committee on Freedom of Association, approved by the Governing Body at its 281st Session, June 2001).

In its previous comments, the Committee had expressed its deep concern over the current, extremely serious, trade union situation and, in particular, the government interference in trade union activities.

The Committee had also expressed its concern regarding the conviction on charges of conspiracy against the State of the president of the Ethiopian Teachers’ Association, Dr. Taye Woldesmiate, who had been held in preventive detention for three years and who was sentenced to a prison term of 15 years. The Committee now notes with deep concern from the latest examination of the case before the Committee on Freedom of Association, that a hearing on Dr. Woldesmiate’s appeal of this decision has been adjourned 12 times since his conviction in 1999, without a discussion yet even being issued on the receivability of the appeal. In this regard, the Committee stresses the importance it places upon the 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, the right 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).

While noting the Government representative’s statement before the Conference Committee that the drafting of a new law governing teachers’ associations and state administration employees is under way, the Committee recalls that the Government has referred to the drafting of new legislation for over seven years now and regrets that no specific progress or developments have yet occurred.

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. 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 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 once again urges 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. The Committee notes from the Government representative’s statement before the Conference Committee that the draft law, including the proposal for the rights of civil servants to form unions, had already been drafted and had been submitted to the different stakeholders for comment and suggestions. The Committee requests the Government once again to forward 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 reiterates its request that the Government 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. In its previous comments, the Committee noted with concern that the Ministry of Labour had 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. The Government had indicated in its last report that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. The Committee once again requests the Government to transmit with its next report any draft legislation or amendments which would ensure that an organization cannot be dissolved or suspended by an administrative authority.

Articles 3 and 10. Right of workers’ organizations to organize their programme of action without interference by the public authorities. In its previous comments, 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. The definition should, in particular, not include air transport and railway services, urban and inter-urban bus services, filling stations, 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. In order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the Committee suggests that the Government give consideration to the establishment of a system of minimum service in other services which are 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 (see 1994 General Survey on freedom of association and collective bargaining, paragraph 160). The Committee once again requests that the Government amend its legislation so that the ban on strikes be 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 if they are 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 the Government to take all necessary measures to ensure the full respect of the civil liberties essential for the implementation of the Convention. Furthermore, the Committee urges 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 and, in particular, requests the Government to transmit copies of any relevant draft legislation as well as the court judgement concerning the appeal made by the President of the Ethiopian Teachers’ Association, Dr. Taye Woldesmiate.