Documented violations - actual number of cases may be higher
Ethiopia - 2012
Population: 83,000,000
Capital: Addis-Ababa
Capital: Addis-Ababa
Members of the National Teachers Association (NTA) face harassment and surveillance, as their organisation continues to be denied recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
. The government still interferes in trade union affairs and unions have reported strong anti-union attitudes by Chinese employers.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
The ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF) continued to crush any potential political opposition or dissent. There were mass arrests of ethnic Oromo in March, and a wider crackdown with arrests of journalists and opposition politicians from June to September 2011. In August, an Amnesty International delegation to Ethiopia was ordered to leave the country. Several journalists were arbitrarily arrested and detained in 2011, including two Swedish journalists arrested in July while covering the conflict in the Ogaden region. In December, the two were found guilty of supporting terrorism and sentenced to 11 years in jail.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 83,000,000
Capital: Addis-Ababa
Capital: Addis-Ababa
reported violations- 2012
Documented violations - actual number of cases may be higher
Trade union rights in law
The Constitution recognises the right to form and join trade unions, but much of the labour legislation is based on the restrictive 2003 Labour Proclamation, which excludes many categories of workers primarily in the public sector. Furthermore, the law does not prevent an employer from creating or supporting a workers’ organisation with a view to controlling it.
Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is limited, and all negotiations aimed at amending or replacing a collective agreement must be finished within three months or the provisions cease to apply. In addition, civil servants are not allowed to bargain on wages or working conditions. Although workers have the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , they must follow lengthy and complicated procedures which make legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action difficult. Trade unions can be dissolved if they carry out a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, the list of which is extensive, or engage in political action.
See collective bargaining agreement
is limited, and all negotiations aimed at amending or replacing a collective agreement must be finished within three months or the provisions cease to apply. In addition, civil servants are not allowed to bargain on wages or working conditions. Although workers have the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , they must follow lengthy and complicated procedures which make legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action difficult. Trade unions can be dissolved if they carry out a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, the list of which is extensive, or engage in political action.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
The Constitution recognises the right to form and join trade unions, but much of the current labour legislation is based on the 2003 Labour Proclamation.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The law does not prevent an employer from creating or supporting a workers' organisation with a view to controlling it.
- >Restrictions on the right to freely organise activities and formulate programmes
- Trade unions are prohibited from taking political action.
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- The government can appeal to the courts to cancel union registration if the union has engaged in prohibited activities, such as political action.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- The 2003 Labour Proclamation excludes many categories of workers in the public sector, including judges, prosecutors, educators and security service workers.
- >Managerial and supervisory staff
- The 2003 Labour Proclamation excludes workers in managerial posts.
- >Others categories
- The 2003 Labour Proclamation excludes workers in the non-profit sector.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Imposition of fixed and unreasonable procedural requirements (e.g. short time-limits for reaching an agreement)
- Pursuant to a 2006 government regulation, if negotiations aimed at amending or replacing a collective agreement are not finished three months after its expiry, the provisions on wages and other benefits cease to apply.
Limitations or ban on collective bargaining in certain sectors:
- >Other civil servants and public employees
- Civil servants are not allowed to negotiate for better wages or working conditions. The government has told the ILO it is studying other countries’ legislation with a view to drafting a Labour Code giving civil servants, including teachers in the public sector, the right to bargain collectively. The ILO has also raised concerns that arbitration procedures in the public sector are more restrictive than those in the private sector.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is regulated by a Labour Code.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- A strike vote should be taken by the majority of the workers concerned at a meeting in which at least two-thirds of the members of the trade union are present.
- >Other excessively complex or time-consuming formalities to call a strike
- While workers not in essential services are allowed to strike, the procedure they have to follow is so lengthy and complicated that it is difficult to take any legal strike action.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Trade unions can be dissolved if they carry out strikes in 'essential' services.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The list of essential services exceeds the ILO definition, by including air transport and urban bus services.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 83,000,000
Capital: Addis-Ababa
Capital: Addis-Ababa
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Government interference: The government blatantly interferes in trade union affairs in all sectors, notably the banking and education sectors. Many trade union leaders are regularly intimidated and most are removed from their posts and/or forced to leave the country. The government closely monitors the Confederation of Ethiopian Trade Unions (CETU).
Teachers denied the right to organise :
Teachers in public schools continue to be deprived of the right to form and join trade unions. The independent National Teachers’ Association (NTA), an Education International (EI) affiliate, was formed in 2008 after the Federal Supreme Court ruled that the name, logo, all property and bank assets of the then Ethiopian Teacher’s Association (ETA) be given to the government-recognised entity, thereby dismantling the once largely independent teacher association. The NTA was denied legal registration by the Ministry of Justice on the ground that a national teacher association already exists. The second attempt to register in February 2010 has consistently been discouraged verbally by officials of the newly created Charities and Societies Agency. However, no official notification from the Agency has been received by NTA to date. Given that it is not yet registered, NTA members do not have a guaranteed right to conduct collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
Over the years, members of the independent teachers’ association have faced harassment, dismissal, arrest, torture and even death. The Government of Ethiopia has not yet initiated steps to conduct a full and independent inquiry into allegations of trade unionists’ arrests, their torture and mistreatment when in detention.
The ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
has urged the government to register NTA without delay.
Chinese employers anti-union: When Building and Wood Workers’ International (BWI), in partnership with Energi Industri of Norway, carried out a project with its affiliate Ethiopian Industrial Federation of Construction, Wood and Allied Sectors in 2009-2010 to tackle HIV/AIDS in the workplace, it encountered particular difficulties with Chinese owned companies which displayed an anti-union mentality and resistance to organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
. In general, most Chinese employers do not allow workers to form a union, and in case they do manage to form one anyway, its leaders are often transferred or sacked, and its members intimidated and pressurised to leave the union.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 83,000,000
Capital: Addis-Ababa
Capital: Addis-Ababa
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Continued harassment of the National Teachers’ Association: In additional information sent to the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights in March 2011, Education International (EI) reported that members of the National Teachers’ Association (NTA) were under the surveillance of government security agents. Harassment by security agents and government authorities is exacerbated partly at the request of the pro-government Ethiopian Teachers’ Association leadership. Their purpose is to intimidate teachers to abandon the NTA and to force them to give up their longstanding demand for the formation of an independent union independent union A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.
See yellow union
. Further pressure comes from landlords renting office space to NTA branches. The landlords ask for at least six months of rent to be paid in advance and increase the rent from time to time which the NTA cannot afford. In addition, some landlords have indirectly been forced by security agents to ask the NTA for a licence to show for what purpose the NTA uses the offices. The NTA is therefore often forced to move some of its offices or even close some of them down.
See tripartism, ITUC Guide to international trade union rights in March 2011, Education International (EI) reported that members of the National Teachers’ Association (NTA) were under the surveillance of government security agents. Harassment by security agents and government authorities is exacerbated partly at the request of the pro-government Ethiopian Teachers’ Association leadership. Their purpose is to intimidate teachers to abandon the NTA and to force them to give up their longstanding demand for the formation of an independent union independent union A trade union that is not affiliated to a national union. Can also be a union that is not dominated by an employer.
See yellow union
. Further pressure comes from landlords renting office space to NTA branches. The landlords ask for at least six months of rent to be paid in advance and increase the rent from time to time which the NTA cannot afford. In addition, some landlords have indirectly been forced by security agents to ask the NTA for a licence to show for what purpose the NTA uses the offices. The NTA is therefore often forced to move some of its offices or even close some of them down.
Attempts to establish a yellow union at Balcha Hospital, Addis Ababa, to the detriment of the existing union: At Balcha Hospital, in Addis Ababa, management has deliberately been weakening the existing trade union. Backed by officials from the local government’s Labour and Social Affairs Department, it has been intimidating workers, as well as forcing them to join a puppet organisation.
Trade union leader at sugar factory illegally fired: At the Fincha Sugar Factory, in East Wellega in the Oromia Region, the chairperson of the factory workers’ union, which represents around 7,000 workers, was fired without justification. As was stipulated by the collective agreement, the union leader was freed from his formal duty in order to be able to carry out his legitimate trade union work. There are strong concerns, however, that this was the exact reason why he was fired.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 83,000,000
Capital: Addis-Ababa
Capital: Addis-Ababa
reported violations - 2012
Documented violations - actual number of cases may be higher