Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ethiopia (Ratification: 1963)

The Committee takes note of the observations of the International Confederation of Free Trade Unions (ICFTU) in its communication dated 19 July 2004. The Committee also takes note of the reply of the Government to its observations of 2003.

Articles 2, 3 and 10. Right of teachers to unionize and the right of teachers’ organizations to organize their activities and formulate their programmes without interference by the public authorities. The Committee takes note of the Government’s observation that privately employed teachers can exercise the right to unionize and engage in collective bargaining as per the new Labour Proclamation No. 377/2003, and that teachers in the public sector can form professional associations.

The Committee further notes however, the ICFTU’s observations that the Ethiopian Teachers’ Association (ETA) is being harassed by the authorities, that its funds are frozen, that it is prevented from collecting membership fees and that its members are being harassed, intimidated and jailed, while the Acting Secretary-General Abate Angori has been summoned for questioning on several occasions by the Criminal Investigation Bureau. In addition, the ICFTU indicates that on 5 October 2003, the police prevented ETA from holding a public meeting to celebrate World Teachers’ day in Addis Ababa. According to the ICFTU, armed police surrounded ETA premises and prevented ETA from holding the meeting by blocking the routes to the square where the meeting was to take place and dispersing all those who were going to take part. The Committee further notes that according to the ICFTU, the police alleged that ETA had not given them the required 72 hours’ notice of the meeting while ETA states that it had received a letter alleging that it had not complied with the law or given proof of its legal status.

The Committee notes that the Government in its reply has indicated that all legally established organizations including ETA are free to hold meetings provided that they comply with the relevant law by giving prior notice of the meeting. According to the Government, this is necessary to ensure the maintenance of law and order during meetings. The Government has further indicated that ETA ought to have given prior notice and if it was not satisfied by the decision of the appropriate authority thereon, it could have moved the court for relief.

The Committee recalls in this respect that the right to organize public meetings constitutes an important aspect of trade union rights. Nevertheless, organizations must observe the general provisions relating to public meetings, which are applicable to everyone. The prohibition of demonstrations or processions on public streets, in particular in the busiest parts of the city, when it is feared that disturbances might occur, does not necessarily constitute an infringement of trade union rights, but the authorities should strive to reach agreement with organizers of the meeting to enable it to be held in some other place where there would be no fear of disturbances. While reasonable restrictions are acceptable, they should not result in breaches of fundamental civil liberties (see General Survey on freedom of association and collective bargaining, 1994, paragraph 37). The Committee trusts that the Government will take all measures necessary to ensure that any restrictions on the organization of public meetings by trade unions are reasonable and do not constitute infringement of fundamental civil liberties.

The Committee further notes the Government’s indication that the comments made by the ICFTU relating to the harassment of the officials and members of ETA are of a broad and sweeping nature and that there is no police record showing that Mr. Abate Angori has been summoned for questioning by the Criminal Investigation Bureau. The Committee observes the contradiction between the ICFTU’s comments and the Government’s reply and that the ICFTU has referred to other matters of interference in trade union activities, including the freezing of union funds and obstacles to the collection of dues, to which the Government has not replied. The Committee therefore requests the Government to provide further information on all the matters raised by the ICFTU and trusts that the Government will take all necessary measures to ensure that workers’ organizations may organize their activities and formulate their programmes without interference from the public authorities.

The Committee will examine other aspects of the Government’s report in respect of the application of the Convention during the regular reporting cycle of 2005.