Application of international labor

standards in Ethiopia

In this very short presentation

Domestic application of ILS
*Solomon Engda
Alemu,LL.B,LL.M,Judge trainer at
federal judicial training center, Ethiopia,
e mail-solomonengda@mail.com
 ILS
 A cross reference to ILS is made whenever it is
required to do so.
 ILS
• Before entering into domestication, it is opt
to briefly explain ILS
 Sources of ILS
 Mainly include:-
 Conventions
 Recommendations
 The ILO constitution
 etc
 conventions
• Are int`l agreements
• Are binding up on ratification
 Recommendations
 Are not supposed to be ratified
 Therefore are not binding
 But still can serve as guidelines in
implementation of national policies
 Basic characteristics of ILS
 Trapartism
 Universality
 flexibility
Domestication of international treaties
 There are two approaches( theories)
1)The monist theory
2)The dualist theory
 The monist theory

• International treaties acquire a force of law up

on ratification
• No other requirement
• Is also called automatic incorporation
 The dualist Theory
• International treaties are not directly
enforceable
• Another statutory incorporation is required
 Theories

• Which theory do think is applicable in Ethiopia

?
 ILS IN ETHIOPIA
• CONSTITUTION
• LABOR PROC
• FEDERAL COURTS PROC
• VIENNA CONVENTION
 ILS in Ethiopia
 Constitution of FDRE
 Articles 9(4) and 13(2)
 Article 9(4) clearly stipulates that:-
“ all international agreements ratified by
Ethiopia are an integral part of the law of the
land”
 Ethiopia
• From the above article, there is no
requirement of another statutory
incorporation for int`l treaties to acquire force
of law in Ethiopia
• Therefore, the moment Eth ratify treaties
,they acquire force of law in the country
 Proc no 377/2003
• Is a labor proclamation which is currently
being used in Ethiopian courts
• It is stated in the preamble of the proc that
one of the reasons for revising the previous
labor proc is to assure compatibility with int`l
conventions and other legal commitments to
which Ethiopia is a party
 Proc no 377/2003
• It is therefore right to interpret the proc in
conformity with ILS
 Federal courts proc no 25/1996
• It is provided under art 6(1) (a) of the proc
that “Federal courts shall settle cases or
disputes ,submitted to them within their
jurisdiction on the basis of Federal laws and
int`l treaties”
• Therefore judges can also rely on int`l treaties
in settling disputes
 Vienna convention
• Called law of treaty
• A party may not invoke domestic law for its
failure to perform a treaty
 Cases where Ethiopian courts applied
international conventions
• though there was no uniformty, Courts in all
levels have been using international treaties in
their judgments
• Recently the cassation bench at the Federal
Supreme court has rendered a very important
judgment citing int`l convention.
 case
• File no 23632
• Tsedale demisse Vs. Kifle Demisse
• The case is a family case
• it is given that the Mother ,child and aunt were
staying together
• Following the death of the mother ,the issue of
guardian and tutorship of the child has come
before the court
•
 case

• When the father of the child filed a case in

bonga woreda court stating that he should be
assigned as guardian and tutor of the child
• The aunt with whom the child spent 12 years
answered that the father of the child should
not be entitled to this right
 case
• The woreda court referring to the family law
which states that one of the parents be
guardian and tutor of the child if the other
parent dies, decided the father be to guardian
and tutor .
• The aunt lodged appeal against this decision
arguing the best interest of the child should
have been taken into account
 case
• But the high court of the region did not find
any reason to reverse the decision
• The aunt still continues her argument and
lodged memo of appeal against the lower
court decisions
• The regional supreme court again said did not
find any reason to reverse the decisions given
by the lower courts
 case
• The case has been finally brought to the
attention of the cassation bench of the FSC.
 case
• The important point here is the bench has
cited the child rights convention which is
ratified by Ethiopia.
• In this convention it has been asserted that
courts and other institutions while handling
cases involving children's rights should decide
taking the Child's safety and best interest in to
account.
 case
• It is provided in the decision that, the father
having not taking care of the child for the last
12 years is not believed to line up (positively
act) for the safety and best interest of the
child
• Therefore the decisions of the lower courts
have been reversed.
 Relevance of the case for our training
• It is important development in Ethiopian legal
system with regard to the application of int`l
conventions in Ethiopian courts
• the cassation bench of the FSC is responsible
to correct any cases from any location in the
country if it has fundamental error of law
• In fact its decisions are binding up on all level
of courts in the nation.
 Approaches used in applying
international laws
1) direct application of ILS
 this is usually true when the domestic law
has deficiency in the matter
 the standards are used as the main rule to
dispose a given case
 approaches
2) as a source of inspiration
• When the domestic law requires to interpret it
inline with ILS
Ex. Article 13(2) of the FDRE constitution
see this art.
3) As a source of inspiration/information or to
strengthen a decision rendered based on
domestic law
 When to apply ILS
When domestic laws are:-
 Unclear
 Vague
 Have lacuna
 etc
 Promoting application of ILS in
domestic courts
• Increase awareness of judges on ILS
• Awareness can be raised in several ways
among which training is one
 Few challenges of applying ILS in
domestic courts
 Lack of access to ILS
 Lack of translated works of ILS in to the
working languages