Effect given to the recommendations of the committee and the Governing Body - Report No 332, November 2003

Case No 1888 (Ethiopia) - Complaint date: 06-JUN-96 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 55. The Committee examined this case, which concerns very serious allegations of violations of freedom of association, at its March 2003 meeting. The Committee made the following recommendations on the issues that were still pending [see 330th Report, paras. 643-662]:
   • (a) Noting with regret that, despite repeated requests, the Government has not provided any new information on the killing of Mr. Assefa Maru, the Committee requests the Government once again to hold an independent inquiry into this matter and to keep it informed of developments.
   • (b) The Committee requests the Government to amend its legislation so that teachers, like other workers, have the right to form organizations of their own choosing and to negotiate collectively, and to keep it informed of developments in this respect, including the current status of legislative reform as regards trade union pluralism and the labour rights of civil servants.
   • (c) The Committee requests the Government to provide its observation concerning the incidents of February and September 2002 during which trade union meetings were delayed or interfered with, and ETA representatives were arrested and detained.
   • (d) The Committee requests once again the complainants to provide updated information on ETA leaders and members still aggrieved by the Government’s actions as regards detention, harassment, transfers and dismissals due to trade union membership or activities.
   • (e) The Committee recalls that the Government may avail itself of the technical assistance of the Office on the matters raised in the present case.
2. 56. In its communication of 15 May 2003, the Government reiterates its previous observations concerning the killing of Mr. Assefa Maru and states that the result of an inquiry previously conducted has established that Mr. Maru died in a shoot out after he had resisted arrest by firing on police. The Government states that it has no basis to reopen the case and the circumstances of Mr. Maru’s death do not show any relationship with his earlier position in the leadership of ETA.
3. 57. Concerning the legislative amendments, the Government states that it has benefited from the ILO’s technical assistance and that the draft amendments are being reviewed for the second time by the Council of Ministers, before final consideration by Parliament.
4. 58. Concerning the alleged incidents of delay or interference with trade union meetings in February and September 2002, the Government states that the Ministry of Labour and Social Affairs has carried out an inquiry concerning these allegations submitted by the complainants. According to the Government, the alleged ETA meeting in Addis Ababa in September 2002 never took place and consequently, there was no interference. With regard to the February 2002 ETA Awassa branch conference, the Government states that the conference was convened as scheduled and denies any interference from the regional authorities. Furthermore, the Government points out that the right of organization and assembly is guaranteed by the constitution.
5. 59. The Committee deplores the Government’s persistent refusal to conduct an independent investigation regarding the killing of Mr. Maru. It recalls once again that when trade union leaders or trade unionists are killed, seriously injured or disappear, it is imperative that independent judicial inquiries be instituted in order to shed full light, as rapidly as possible after the facts, to determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 51] and that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity and which is extremely damaging to the exercise of trade union rights [Digest, ibid., para. 55].
6. 60. The Committee notes with interest that the Government has benefited from the technical assistance of the ILO Regional Office in Addis Ababa as regards the amendments of the labour legislation. The Committee requests the Government to provide it with a copy of the draft amendments prior to its consideration by Parliament and to keep it informed of developments.
7. 61. Lastly, as regards the alleged incidents of February and September 2002 during which trade union meetings were delayed or interfered with, and ETA representatives were arrested and detained, the Committee takes note of the information provided by the Government. The Committee wishes to emphasize the fact that although the freedom of association principles are enshrined in the national constitution, the Government needs to ensure that the practice is in accordance with legislation. The Committee further recalls that all appropriate measures should be taken to guarantee that trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [Digest, ibid., para. 36]. The Committee requests the Government to ensure that these principles are respected.