Interim Report - Report No 348, November 2007

Case No 2516 (Ethiopia) - Complaint date: 11-SEP-06 - Closed

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INTRODUCTION
A. The complainants’ allegations
C. The Committee’s conclusions
The Committee's recommendations
Annex

Allegations: The complainant organizations allege serious violations in the ETA’s trade union rights including continuous interference in its internal organization preventing it from functioning normally, and interference by way of threats, dismissals, arrest, detention and maltreatment of ETA members

629. The complaint is contained in communications dated 11 September and 10 October 2006 and 18 June 2007 from the Ethiopian Teachers’ Association (ETA) and Education International (EI). The International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL) associate themselves with the complaint in a communication dated 13 September 2006.

630. The Government sent its observations in communications dated 22 February, 23 May and 19 October 2007.
631. Ethiopia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

632. In their communications of 11 and 13 September 2006, the complainants allege that, since April 2003, when the Committee on Freedom of Association last commented on the EI/ETA complaint against the Government for non-compliance with Conventions Nos 87 and 98 [see Case No. 1888, 332nd Report], the Government has continued to interfere in ETA activities and to harass and repress its members.
Exclusion of teachers from the right to join unions
633. The complainant organizations state that teachers employed in the public sector are deprived of trade union rights. Under the new Labour Proclamation of 2003, only teachers employed in private schools have the right to form and join trade unions and to engage in collective bargaining. However, more than 130,000 teachers employed in the public sector are only guaranteed the right to form professional associations. In fact, the Constitution of the country excludes many categories of workers, such as teachers and civil servants, from the right to form and join trade unions. This is enshrined in the Labour Proclamation of 2003.
Interference in ETA activities and functioning
634. The complainant organizations allege that the Government has continued to interfere in the administration of the ETA preventing it from organizing its activities normally. The complainants give numerous examples of cases of interference in ETA activities by the authorities, including the suspension of numerous ETA meetings by the security forces since 2003, harassment of ETA members and confiscation of ETA materials.
635. The complainant organizations indicate that the issue as to which of the two coexisting executive boards of the ETA represented the legitimate leadership of the ETA was still in dispute. Closely linked to that issue are the assertions that the ETA’s assets and property have been misappropriated. Indeed, a ruling from the Federal High Court on 28 November 2003 asking for the reopening of the ETA’s offices had never been implemented. On the contrary, the ETA received a warrant in December 2003 summoning it to the Supreme Court which decided on 14 January 2004 that ETA offices should be resealed and a further hearing would take place. While the hearing referred to never took place, in March 2006, the Federal High Court revoked its decision of November 2003 and ruled that leaders of the original ETA were to hand over all properties and assets to the leadership of the new ETA. The ETA appealed this decision.
636. As of April 1993, the membership dues of the ETA have been channelled to the new ETA through the check-off system, despite petitions and protests by teachers who claimed that their membership fees were not going to the right organization. Teachers who filed suit were subject to harassment. Some chose to voluntarily pay another contribution to the ETA since their fees were being redirected to the new ETA. To be able to operate, the ETA issued membership cards in February 2003 aimed at providing a more regular payment of the union dues. As the ETA is reluctant to provide public information about the number of members, the subscription forms are kept hidden so that the police cannot get hold of the list of names. The ETA asserts that this situation underlines that openly declaring membership in the ETA is perceived as a risk.
637. In a communication of June 2007, the complainants indicate that, in November 2006, the Supreme Court ruled against the Federal High Court decision of 30 March 2006 on the grounds that it had failed to address the main issues of the dispute and instructed that they had to be properly investigated. Yet, in its latest ruling of 21 June 2007, the Federal High Court failed to follow the instructions of the Supreme Court, holding that the new ETA has a legal status which entitles it to possess the property of the previous ETA. The complainants consider that the Federal High Court did not base its verdict upon an independent and proper examination of the facts. The court has not only failed to explain the legal status of the original ETA; it also ignored the general assembly and leadership election organized in February 1993 by the original ETA (before those of the new ETA) and its initial registration with the Ministry of Interior.
638. The complainant organizations also referred to the occupation of the ETA’s offices. The ETA headquarters in Addis Ababa is a large compound of 400 m2 composed of a three-storey building, a one-floor building, a meeting hall of 80 m2 and a yard enclosed by a fence. These offices were sealed for the first time in 1993 after the creation of the new ETA. In March 1996, seals were apposed on the meeting hall and offices of the president and the secretary-general. Most of the offices of the three-storey building have been rented out and the tenants have received notification that their rent is being paid to the new ETA. Despite a ruling by the Federal High Court of 28 November 2003 that the ETA offices be reopened, on 30 January 2004, ten policemen and leaders of the new ETA entered the ETA compound to seal the offices once again. As of 31 August 2006, most ETA offices and the meeting hall were still sealed.
639. On 1 November 2005, six armed representatives of the federal police force in uniform entered the ETA compound in the evening, harassed ETA staff and ransacked the premises. The offices were occupied and searched until 14 November, when electronic equipment was seized. On 2 November 2005, the secretary-general of the ETA, Mr Gemoraw Kassa, accompanied by representatives of the Dutch Teachers’ Union (Algemene OnderwijsBond (AOb)) were not allowed to enter the ETA compound guarded by armed policemen. On 14 November, Mr Kassahun Kebede, chairperson of the Addis Ababa branch, was briefly taken out of prison to witness how his office was searched by the police. The offices of the ETA president and a typist which had been sealed since March 1996 were also searched. The court warrant was only produced that same day. Materials, including a computer, a laptop, a fax, a scanner, floppy disks, books and training materials were confiscated. The materials, which were donated to the ETA via the international trade union movement, have not yet been returned. The ETA insists that the confiscation of such material and documents seriously undermines its capacity to carry out the work for its members and to implement some projects. It firmly asks that the equipment and the documents be returned.
640. An urgent General Assembly was called for by ETA members following the ruling of March 2006 by the Federal High Court. Accordingly, arrangements were made for the meeting to take place on 30 April at a hotel facility in Addis Ababa. However, two days before the meeting, the ETA secretary-general was informed by the management of the hotel that it received a warning from government security forces not to hold the meeting. As an alternative, the ETA had to quickly rent tents and erect them in the trade union compound. While regional delegates were gathering at the head office to report their arrival and collect relevant documents, the trade union officials realized the presence of security forces in the compound and in nearby streets. Two ETA Executive Board members were followed by men on their way home. On 30 April, special forces, heavily armed and in their military fatigues, encircled the trade union compound. The officer in command entered the compound and ordered its immediate evacuation on the grounds that the meeting was illegal. People were forced to vacate. On their way back to their hotels, certain delegates (whose names were provided by the complainants) were dispossessed of their identity cards and trade union papers, their names were recorded and some were arrested for a few minutes. The identity cards were returned but not the documents. The meeting which was disbanded had to be reconvened later that year.
641. Another session of the special General Assembly had to be planned on 30 August 2006. The meeting was scheduled to take place at the Confederation of Ethiopian Trade Unions (CETU) building in Addis Ababa. The ETA had notified all relevant authorities. However, after the morning session of the first day of the meeting, which was attended by some local and foreign guests, the police – armed with batons and guns – surrounded the meeting hall and locked personal belongings inside it. The search for an alternative venue showed that at least three hotel managements had been warned by security forces not to rent their facilities to the ETA. Consequently, the meeting was reconvened the day after in the ETA compound with a reduced audience and agenda. On 1 September, the ETA was informed that the documents and belongings locked inside the CETU building could be collected. However, various writings such as personal notes of the morning session of 30 August, reports from regions, lists of members and some identification cards were removed from folders and notebooks. Furthermore, ETA officials carrying confidential documents were intercepted by the police the same day, taken to the Central Criminal Investigation Bureau (known as Maekelawi) and detained for the remainder of the day.
Harassment, arrest, detention and maltreatment of teachers in connection with their affiliation to the ETA
642. The complainants allege that, since 2003, dozens of teachers and ETA members have been dismissed, involuntarily transferred, and many detained and ill-treated, particularly during the widespread demonstrations after the parliamentary elections of May 2005.
643. The complainants provided the Committee with a list of 243 teachers who had been harassed, sacked, tortured or detained in 2002 and 2003, a list of 94 ETA members who had been arbitrarily relocated, dismissed or detained in 2004, and a list of 68 ETA members who were reported to have been imprisoned in 2005. According to the complainants, detained teachers are sometimes imprisoned far away from their place of residence and their families.
644. The complainants reported that, after the negotiations between the Government and opposition parties broke down sparking a new wave of protests, teachers were summoned on 5 November 2005 to show up in schools whatever the circumstances, even if they had to cross walls of bullets. Teachers were told to keep the children in schools and not let them leave the school compounds. In the event that parents came to collect their children, teachers were instructed to refuse and keep the pupils. Failure to do so would be severely sanctioned.
645. On 21 November 2005, the ETA provided EI with a list of 40 teacher members of the ETA who were reported to have been imprisoned in the context of a government crackdown. It is believed that they have been targeted for being ETA members and that many more teachers have been detained, particularly in Bahir-Dar and Dessie, as well as in Awassa and Ambo. The ETA also found out that a list of persons supposedly wanted by the police appeared in the weekly newspaper Efitin. The name of Dr Taye Woldesmiate, president of the ETA who lives in exile, appeared on that list. In December 2005, the ETA National Board was informed through reports from regions that at least 68 teachers were arbitrarily arrested and detained. Ten teachers were released within a few days; however, many teachers remained detained without any charge filed against them (see list transmitted with the complaint in the annex). The complainants assert that detained teachers are imprisoned in jails far away from their families. The complainants referred to the cases of Ms Mulunesh Ababayehu Teklewold and Mr Mazengia Taddesse who are teachers in Addis Ababa where their families reside but were taken to Zuwai prison which is 165 kilometres away.
646. Seven teachers who were arrested in November/December 2005 were still in detention on 14 March 2006. Mr Kassahun Kebede, chairperson of the Addis Ababa branch of the ETA, was detained in the capital; Ms Mulunesh Ababayehu Teklewold was imprisoned in Zuwai, Mr Mesfin Balcha was detained since 5 November in Awassa, Mr Wolle Ahmed was detained since 14 November in Wollo, and Mr Sahlu Ayalew, Mr Mulugeta Gebru and Mr Yehualaeshet Molla were imprisoned in Dessie. Mr Asmare Abreha, teacher at Abyot Qiris High School in Addis Ababa, was reported missing since 18 February 2006.
647. Mr Abate Angore, a senior ETA National Board member, was brought to court in February 2005 after being freed on bail since his first arrest in December 2002 when he had been charged for an interview made in 2001 on police violence against an Addis Ababa university student protest. His arrest, on 2 February 2005, came on the day he was due to address a meeting on human rights and teachers’ issues in Wolaita.
648. Teferi Gessesse, Kassahun Kebede, Tesfaye Yirga, Tamirat Testfaye, Wasihun Melese, Dibaba Ouma, Ocha Wolelo, Bekele Gagie and Serkaalem Kebede, all members of the ETA Addis Ababa branch, were arrested by security forces in September 2005 following a meeting held to discuss the preparation of World Teachers’ Day. Each was detained for a whole day and treated rudely. Teferi Gessesse and Tamirat Tesfaye reported they were severely beaten when they objected to having their picture taken.
649. Ms Mulunesh Ababayehu Teklewold, a teacher in a junior secondary school and member of the ETA, was arrested on 9 November 2005 and detained without charge in the Kality central prison until her release on 9 June 2006, despite the fact that the Constitution of Ethiopia mandates that detainees be taken to court within 48 hours of their arrest and informed of the reasons for their detention. She was freed without any explanation and did not receive any pay during her time in detention. She resumed teaching but has been transferred to a school away from her place of residence.
650. Mr Wasihun Melese, an elected officer of the ETA National Board since August 2006, was arrested in his house without any warrant and taken to the Maekelawi Investigation Bureau on 23 September 2006. Mr Melese who is chairperson of the Addis Ketema zone teachers’ association, had already been previously arrested and detained in 2005 for having participated in the preparations for World Teachers’ Day.
651. Mr Anteneh Getnet, member of the ETA Addis Ababa Regional Council, was suddenly dismissed in 2005 after providing his colleagues with ETA material. After winning his case in court, he was awarded financial compensation and a position in another school. However, on May 2006, he was abducted by four unidentified men, beaten and left for dead in the south-west region of Addis Ababa. He suffered broken ribs and numerous contusions and lung problems which would prevent him from ever teaching again. Mr Getnet was subsequently arrested on 23 September 2006 during a teachers’ meeting he was attending in Addis Ababa. He appeared in court the following day with Mr Wasihun Melese. During the hearing, nothing was stated or mentioned about the nature of the offence they were allegedly accused of. However, they were remanded in custody for 14 days on request of the police for additional time to investigate their case. They were released on 4 October 2006 and were to appear in court again on 9 October 2006.
652. In their communication of 18 June 2007, the complainants indicate that Mr Getnet had again been arrested on 30 May 2007 and detained with two other members of the ETA in the Kality Central Prison. The complainants express concern at the fact that all three had previously been arrested in December 2006, detained and tortured, and feared that they might be submitted to ill-treatment to make them confess membership in an illegal organization. Mr Getnet was accused of “involvement in criminal activities and acting as a member of an illegal organization called the Ethiopian Patriotic Front”. The complainants assert however that Mr Getnet had explained on several occasions that he was tortured during his detention, suspended with his limbs tied and forced to confess that he was a member of the Ethiopian Patriotic Front. One of his arms is still misshapen.
653. The complainants also report the rearrest and detention on 30 May 2007 of Mr Meqcha Mengistu, chairperson of the ETA’s East Gojam Zonal Executive. He had been arrested previously on 17 December 2006 and detained for four months during which he was heavily beaten. To make him confess that he was a member of the Ethiopian Patriotic Front, security agents searched his home without any warrant, mistreated his parents and locked up his children. Another member of the ETA, Mr Woldie Dana was arrested and detained from December 2006 to 22 March 2007 by a court ruling. He too was subsequently arrested on 4 June 2007 and charged with being a member of the Ethiopian Patriotic Front.
654. The complainants also expressed concern about Mr Tilahun Ayalew, chairperson of the ETA Awi zone, who disappeared on 28 May 2007 when security agents came to arrest him in his house. His wife was also arrested and detained until 29 May. Mr Tilahun Ayalew had previously been arrested on December 2006 – with Mr Anteneh Getnet and Mr Meqcha Mengistu – without any court warrant. However, he was not immediately taken to the police station, but abducted to the jungle where he was beaten until he lost consciousness. He was tortured for four days and transferred to the Addis Ababa Police Commission on 26 December 2006. He was released two days after by order of the Addis Ababa City Administration First Instance Court. However, he was again arrested by the police and remained imprisoned until the Federal First Instance Court ordered his release on 12 March 2007. Mr Ayalew was unable to walk properly due to injuries suffered in detention.
655. Mr Kassahun Kebede, chairperson of the ETA Addis Ababa branch, was arrested on 1 November 2005 and has been detained ever since. He is not a member of any political party or grouping. Mr Kebede was arrested together with other civil society leaders, following general public unrest related to the parliamentary elections. On 7 November 2005, he had not yet been made aware of the charges against him. A week later, he was briefly taken out of prison to witness how his office and the office of the president of the ETA – Dr Taye Woldesmiate, who has been in exile in the United States since August 2005 – were searched by the police. Documents and electronic equipment were removed and the offices sealed. Mr Kebede appeared at the Federal High Court in December 2005 with 50 other civil society leaders and senior leaders of the Coalition for Unity and Democracy (CUD). They were charged, in different groups, with treason, outrages against the Constitution, armed conspiracy or attempted genocide. Nearly all the charges can carry death sentences. The lawyers for Mr Kebede and two others argued that the charges were vague, absurd and unfounded and asked that they either be dismissed or amended. The ETA maintains that these individuals organized peaceful protests and were not responsible for the violence that erupted, particularly when security forces used live ammunition against demonstrators and killed dozens. Mr Kebede and all defendants were moved to the Kality prison in December 2005, where their conditions of detention are reported to be very difficult. While his trial began on 2 May 2006, no evidence has been produced to justify Mr Kebede’s presence in the so-called “Defendant’s trial”, let alone his imprisonment.
656. The complainants regretted the actions taken by the Government to discourage teachers from seeking membership in the ETA as well as the continuous repression and interference. They recalled that the case of Ethiopia was recently discussed during the 96th Session (June 2007) of the International Labour Conference where the Committee on the Application of Standards requested the Government to accept an ILO direct contacts mission.
B. The Government’s reply
657. In its communication of 22 February 2007, the Government provided extensive background information on the country’s history, with an emphasis on international treaties guaranteeing labour rights ratified by the country and its collaboration with the ILO. The Government explains that, in accordance with article 9(4) of the Constitution, “all international agreements ratified by Ethiopia are integral part of the law of the land”. Judicial organs, both at federal and regional levels, have the obligation to ensure the enforcement of human rights and the House of Federation has the duty to guarantee the compatibility of domestic legislation with international instruments ratified by the country. This has necessitated the revision of numerous legislative texts including the Labour Proclamation.
658. Article 31 of the Constitution provides that “every person has the right to freedom of association for any cause or purpose”, and article 42 lists categories of workers – including factory workers and farmers – who have the right to form associations to protect and improve their conditions and economic interests and to express grievances, including the right to strike. The Labour Proclamation of 1993 had already guaranteed several rights of workers including the right to form and join trade unions. While the Labour Proclamation of 2003 amending the text of 1993 was adopted to bring existing labour law more in line with international Conventions and other legal commitments, the new Labour Proclamation protects the rights of workers, such as right to equal pay, rest, compensation, public holidays, leave, decent working conditions, occupational safety, collective bargaining and the right to strike. The text also provides for the right to establish and form trade unions for every worker, the right to collective bargaining and a complaint mechanism for trade union-related discriminatory practices. The Labour Proclamation entrusts the Ministry of Social and Labour Affairs with the authority to register organizations including trade unions, federations and confederations. The Government explained that the Ministry is required to issue a certificate of registration within 15 days of receiving the application, that limited grounds for cancellation are admitted and that cancellation of registration of an organization may only be pronounced by courts of law in accordance with the grounds specified under the Labour Proclamation.
659. In relation to the rights of teachers in the public sector, the Government confirmed that a civil service law reform is ongoing with a view to provide further protection and guarantees to the rights of civil servants.
660. As regards the situation of the ETA, the Government stated that the education sector in Ethiopia is one of the biggest employers in the country. In 1949, teachers in Addis Ababa formed the first teachers’ association. The ETA, a nationwide organization, was established in 1968. However, under the Derg regime, this organization became an ideological tool for mobilizing teachers. Following the overthrow of the Derg regime, teachers initiated the process of forming a new association. At that time, a group of individuals headed by Dr Taye Woldesmiate gathered themselves as a coordination committee.
661. However, in March 1994, teachers representing all regions of the country decided to form another national coordination team. They organized and held a founding national conference in June/July 1994. The new ETA’s Articles of Association were adopted and the Association officially launched. The Association under the same name, ETA, applied for registration and was given a certificate since there was no other organization having legal status at the time. Since then, it continues to process the renewal of its certificate by providing annual activity and financial reports. According to the Government, teachers pay their dues to the organization they are registered with as members. Thus, the Government rejects the allegations according to which it had illegally transferred union funds to the new ETA.
662. The Government affirms that the rival group which called itself a coordination committee – headed by Dr Taye Woldesmiate – attempted to discredit the new ETA. Owing to their opposition to the Government, they worked hard to discredit it, often by mobilizing people for violent action against the new political dispensation, including the new education policy implemented in 1994. They also corresponded with international organizations in which the previous ETA had been a member and claimed themselves as legitimate successors.
663. The Government supports the new ETA bringing a case against these individuals who are allegedly undertaking activities illegally under its name. In its submission, the new ETA requested the Federal High Court to condemn the individuals and to order the transfer of certain properties they possessed. In its decision of 28 November 2003 the Federal High Court ruled that the plaintiffs did not present sufficient evidence establishing that they had standing in the case and dismissed it. However, the Supreme Court reversed the decision on 22 February 2006 ruling that the appellants have legal standing to bring the case and ordered the Lower Court to try the case on its merits. On 30 March 2006, the Federal High Court ruled that properties should be handed over to the new ETA. On 27 November 2006, the Supreme Court again reversed the Lower Court decision on the grounds that it was based on the wrong premise that the Supreme Court had decided on the question of which group comprised the legitimate representatives of the ETA. The Lower Court was ordered to retry the case. On 19 October 2007, the Government transmitted the judgement of the Federal High Court of 21 June 2007 whereby the Court decided that the new ETA had a legal status which entitled it to possess all properties of the previous ETA, including buildings, equipment and vehicles worth 620,000 Ethiopian birr. The Government expressed the view that the judgement had clarified the legal status of the Association, the status of the competing executive committees and the restitution of the properties belonging to the Association. While the defendants have the right to appeal the judgement to the Federal Supreme Court, the Government indicated that there was no information as to whether they have exercised their right. The Government emphasized that the ILO supervisory bodies should play a constructive role in acknowledging that due process of law is followed smoothly without any undue external intervention or pressure.
664. The Government further provided background information on the condition of teachers and education policy over the last decades as well as on the context of the elections in May 2005 and emphasized that they were a mark of its readiness to consolidate democracy. The Government affirmed that a complete overhaul of teachers’ education was undertaken through Teachers Education System Overhaul (TESO) in 2003 with the view to “democratize” teachers’ education by giving teachers the opportunity to take the initiative in shaping the content of education and the way it is delivered. The Government pointed out that it does not force teachers to follow or accept the ruling party’s political views. Trade unions participated fully during the May 2005 election campaign by providing voters’ education and holding debates. However, following the election results and before the finalization of dispute resolution, extreme elements of the opposition, journalists and members of non-governmental organizations (NGOs) called for a violent insurrection which devastated the country. In response to the targeting of schools, the Government decided to take measures to ensure that they remained an open and a safe place for children. It is therefore unfounded to allege that the Government closed down schools.
665. The Government asserts that measures had to be taken to address the violence. An independent inquiry commission was set up to investigate the circumstance in which the violence occurred and concluded that the measures taken were not disproportionate. This contradicts the allegations of the complainants which referred to massive human rights violations.
666. The Government stresses that the arrests of alleged ETA members does not relate to their trade union membership, neither were they ill-treated during their arrest. Mr Kasshun Kebede, Mr Wasihun Meles and Mr Anteneh Getnet were arrested on grounds of their direct involvement in the violence and their statements to incite people to be involved in the violence. They are charged with crimes of treason, disrupting the constitutional order and attempted genocide and are being tried before the criminal bench of the Federal High Court since May 2006. Their conditions of detention are respectful of those guaranteed under the Constitution and visits by their families, lawyers and international institutions are assured. Concerning Dr Taye Woldesmiate, he is being tried in absentia for his actions in inciting people to engage in violent insurrection.
667. In its concluding remarks, the Government insists that the domestic legislations are consistent with international human rights instruments including ILO Conventions ratified by Ethiopia. Several trade unions are registered both at regional and federal levels. The CETU, as an umbrella group for trade unions, is conducting its activities independently without any interference from the Government and with the support of the ILO. The Government emphasized that it improved the status and condition of teachers by taking measures to rectify previous misguided education-related polices. Teachers in Ethiopia currently run one of the largest and most active professional unions working for the protection of the interest of teachers.
668. In its communication of 23 May 2007, the Government provided additional information on the situation of Mr Kassahun Kebede. In its decision of April 2007, the Federal High Court in the case of outrages against the constitutional order of the State ordered the release of Mr Kebede and 27 other individuals saying that they had no case to answer. The Government recalled that the case against Mr Kebede had no relation whatsoever to his trade union activities.
669. Although of the view that most of the allegations are baseless and inaccurate, the Government stated that, in conformity with its approach to fully cooperate with the ILO, it had decided to investigate all allegations of the complainants. The Government would reply to them as promptly as possible in a detailed report.
670. In its communication of 19 October 2007, the Government recalls the invitation made by the ILO Conference Committee on the Application of Standards to the Government to accept a direct contacts mission on matters also concerning the ETA, and states that the modalities for such a mission are being worked out between the Government and the Office.

C. The Committee’s conclusions

671. The Committee observes that the present case refers to allegations relating to the exclusion of teachers in the public sector from the right to join trade unions by virtue of the national legislation; interference in ETA administration and activities; and harassment, arrest, detention and maltreatment of teachers in connection with their affiliation to the ETA.
672. The Committee recalls that it has been addressing very serious allegations of violations of freedom of association involving governmental interference in the administration and functioning of the ETA, and the killing, arrest, detention, harassment, dismissal and transfer of members and leaders of ETA since November 1997 [see 308th Report, paras 348–362].
673. While noting that the Government had committed itself to send as promptly as possible a report responding to all allegations of the complainant organizations, the Committee observes with regret that the Government has limited its reply to a general overview and a few statements with regard to the extremely serious allegations of detention and torture of ETA members.
674. With respect to the allegations relating to the exclusion of teachers in the public sector from the right to join trade unions by virtue of the national legislation, the Committee notes that, under the new Labour Proclamation of 2003, teachers employed in private schools have the right to form and join trade unions and to engage in collective bargaining. However the complainants state that certain categories of workers, including teachers employed in the public sector and civil servants, are excluded from the right to form and join trade unions. This is enshrined in the Labour Proclamation of 2003.
675. The Committee wishes to recall that the standards contained in Convention No. 87, ratified by Ethiopia, apply to all workers without distinction whatsoever, and are therefore applicable to employees of the State. Therefore, public employees (with the sole possible exception of the armed forces and the police, by virtue of Article 9 of the Convention) should, like workers in the private sector, be able to establish organizations of their own choosing to further and defend the interests of their members [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 218 and 220].
676. The Committee notes from the Government’s reply that, in the process of revision of the civil servant Proclamation, the right of civil servants (including teachers in public schools) would be further protected and guaranteed. The Committee urges the Government to take the necessary measures as a matter of urgency to ensure observance of the right to freedom of association of civil servants, including teachers in the public sector in accordance with Convention No. 87, ratified by Ethiopia. The Committee asks the Government to keep it informed on any progress made in this respect.
677. With regard to the allegations relating to interference in ETA administration and activities, the Committee notes the large number of ETA meetings being suspended by security forces that were mentioned by the complainants. These include among others the ban of the World Teachers’ Day celebrations in 2003 and 2004, and the suspension of the special General Assembly of the ETA in April and August 2006 by the use of force, even in trade union premises. The Committee also notes the complainants’ allegations of harassment of ETA members during these interferences and of the confiscation of ETA materials and documents which undermined the capacity of the organization to carry out its daily work and impeded the implementation of projects.
678. In this regard, the Committee recalls that the right to organize public meetings constitutes an important aspect of trade union rights. In particular, the right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered [see Digest, op. cit., para. 130]. Furthermore, the entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities. Searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the premises material to a prosecution for a penal offence and on condition that the search be restricted to the purpose in respect of which the warrant was issued [see Digest, op. cit., paras 181 and 185]. The Committee observes that the Government has not provided its observations on these very serious allegations of trade union rights infringement and requests it to do so without delay so that it may examine this question in full knowledge of the facts. In the meantime, it requests the Government to ensure respect for these principles and to return any confiscated material that may have been seized without an appropriate warrant or that has no relation to any outstanding charges.
679. Regarding information on the case brought before the court and the numerous court decisions on the properties and assets of the ETA, the Committee notes that, in its latest ruling of 21 June 2007, the Federal High Court awarded the property of the previous ETA to the new ETA, which was considered as legally registered and entitled to possess the property. According to the complainants, the Federal High Court did not base its verdict on an independent and proper examination of the facts and had not only failed to explain the legal status of the original ETA, but had also ignored the general assembly and leadership election organized in February 1993 by the original ETA and its registration with the Ministry of Interior. In the Government’s opinion, the judgement had clarified the legal status of the Association, the status of the competing executive committees and the restitution of the properties belonging to the Association. The Government further requested that due process of law be allowed to take place without any undue external intervention or pressure.
680. While taking due note of the Government’s request that the Committee not prejudge the domestic judicial process, the Committee wishes to recall that, although the use of internal legal procedures, whatever the outcome, is undoubtedly a factor to be taken into consideration, the Committee has always considered that its competence to examine allegations is not subject to the exhaustion of national procedures. In addition, the Committee wishes to recall a certain number of points which it considers should be borne in mind when reviewing the issues raised in this case.
681. The Committee recalls that it has been examining the question of Government interference in the ETA on and off for over a decade, when it considered an earlier complaint on essentially the same issues raised here (Case No. 1888). At that time, the Committee had taken note of the allegations concerning the restructuring of the ETA in 1993–94, the election of new leaders and its recognition by the Government, only to be confronted shortly afterwards by a breakaway group of the Association registered and recognized by the Government as “the Ethiopian Teachers’ Association”. According to the complainants at the time (also EI and the ETA), the Government had the membership fees transferred to the rival group and froze the complainants’ accounts, resulting in its effective suspension by administrative authority. While the elected leadership of the ETA had expressed its willingness to submit to new elections to confirm who the teachers wanted to represent them, the rival group would not agree [see 308th Report, paras 327–347].
682. Later, the Government argued that, since the leaders of the ETA were charged with committing terrorist activities, any guarantees of freedom of association must be denied to them and their members. To justify the measures taken, the Government relied on alleged actions of individuals within the organization, none of whom had been found guilty of involvement in terrorist activities [see 310th Report, para. 382]. In addition, the Government provided the court judgement of December 1994, which had not taken any decision as to the legitimate leadership of the ETA, but rather stated that the decision was to be taken by the ETA’s General Assembly. The Government claimed that a General Assembly had been called and the members of the Executive Committee duly elected thereby did not include those led by Dr Woldesmiate, whereas the complainants maintained that their willingness to submit to new elections had been rejected by the rival group [see 316th Report, para. 493].
683. As a result, from 1994 to June 2007, and with a background of numerous allegations of recurring interference, sealing of premises, confiscation of property, transfer of union dues to the rival ETA group, harassment, arrests and detentions, no final decision had been reached as to the legitimate representatives of the ETA and even the Government itself has referred to two ETAs, separate organizations with the same name (see Provisional Record No. 22, International Labour Conference, Geneva 2007). In these circumstances, the Committee can only express its deep concern at the extreme delay in the determination of the legitimate ETA leadership – some 13 years – and finds itself bound to query whether, in light of the background given above, such a determination can actually be made without a full and independent investigation into all of the allegations made in this case and in the earlier Case No. 1888 relating to the steps taken by the Government to support the rival ETA group and undermine the complainant organization. The Committee urges the Government to take the necessary steps to institute such an investigation and to provide full details on the progress made in this regard and on the conclusions reached. In the meantime, the Committee urges the Government to ensure that the ETA may carry out its activities without any government repression. The Committee further requests the Government to provide information on any measure or action taken following the ruling of 21 June 2007 by the Federal High Court.
684. With regard to the alleged acts of harassment, arrest, detention and maltreatment of teachers in connection with their affiliation to the ETA, the Committee deplores the seriousness of the alleged acts and the large number of ETA members affected. The Committee firmly recalls that, as a general principle of trade union rights, the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 44].
685. The Committee notes the extensive information provided by the complainants on the arrest on 2 February 2005 of Mr Abate Angore, a senior ETA National Board member; the arrest and detention in September 2005 of Teferi Gessesse, Kassahun Kebede, Tesfaye Yirga, Tamirat Testfaye, Wasihun Melese, Dibaba Ouma, Ocha Wolelo, Bekele Gagie and Serkaalem Kebede, all members of the ETA Addis Ababa branch; the arrest and detention on 9 November 2005 of Ms Mulunesh Ababayehu Teklewold, member of the ETA, and her release on 9 June 2006 without explanation; the arrest on 23 September 2006 of Mr Wasihum Melese, an elected officer of the ETA National Board, and his detention for 14 days; the disappearance of Mr Tilahun Ayalew, chairperson of the ETA Awi zone, following his arrest by security agents on 28 May 2007.
686. The Committee further notes the information provided by the complainants on the detention of Mr Kassahun Kebede, chairperson of the ETA Addis Ababa branch, since 1 November 2005. Charges filed against Mr Kebede and other civil society leaders and senior leaders of the opposition party include treason, outrages against the Constitution, armed conspiracy or attempted genocide. Nearly all the charges can carry death sentences. Mr Kebede and all defendants had been moved to the Kality Central Prison, where their conditions of detention were reported to be very difficult.
687. The Committee is deeply concerned about the information provided on the successive arrests, detentions and alleged torture of Messrs Anteneh Getnet and Meqcha Mengistu to make them confess their membership in the Ethiopian Patriotic Front, an illegal organization, and the complainants’ fear that ETA members arrested might be submitted yet again to ill-treatment. According to the most recent communication from the complainants, Messrs Getnet and Mengistu were once again arrested on 30 May 2007 on the grounds of “involvement in criminal activities and acting as a member of the Ethiopian Patriotic Front”.
688. The Committee takes due note of the Government’s statement, according to which the arrest of these ETA members does not relate to their trade union membership, nor have they been submitted to ill-treatment during their detention. In particular, the Government indicated that Messrs Kasshun Kebede, Wasihun Melese and Anteneh Getnet were arrested on grounds of their direct involvement in violent demonstrations after the May 2005 elections and their statements to incite others to be involved in the violence. They were charged with crimes of treason, disrupting the constitutional order and attempted genocide and were being tried on the criminal bench of the Federal High Court since May 2006. Their conditions of detention have been respectful of those guaranteed under the Constitution and visits by their families, lawyers and international institutions have been assured.
689. The Committee further notes that, in its decision of April 2007 in the case of outrages against the constitutional order of the State, the Federal High Court ruled that Mr Kassahun Kebede was to be released without charge, as the defendant had no case to answer.
690. While welcoming the release of Mr Kassahun Kebede, the Committee must deplore the extreme seriousness of the allegation regarding arrests, detentions and disappearance of ETA members. In particular, it must express its deep concern that Mr Kebede was detained for over one-and-a-half years only to be released by virtue of a court ruling that there was no case to answer. The Committee further notes with regret that the Government only replies to the allegations relating to the arrest of Messrs Kassahun Kebede, Wasihun Melese and Anteneh Getnet. The Committee recalls that the arrest and detention of trade union members and leaders, even for reasons of internal security, may constitute serious interference with trade union rights, unless attended by appropriate judicial safeguards. Detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and communicate freely with counsel of their own choosing, and a prompt trial by an impartial and independent judicial authority [see Digest, op. cit., paras 75 and 102].
691. The Committee strongly urges the Government to ensure that any ETA members who are still being detained are released or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for their defence. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities. The Committee urges the Government to send its observation without delay on the allegations relating to the arrest, detention or disappearance of the following individuals: Abate Angore, Teferi Gessesse, Tesfaye Yirga, Tamirat Testfaye, Dibaba Ouma, Ocha Wolelo, Bekele Gagie, Serkaalem Kebede, Mulunesh Ababayehu Teklewold and Tilahun Ayalew, as well as the list of 68 arrested teachers provided by the complainants (see the annex). The Committee asks the Government to keep it informed of any decisions handed down by the courts in respect of these ETA members and to take steps to ensure the immediate release of any of these members and union leaders that may still be detained for their trade union activities and membership and to take steps for the payment of adequate compensation for any damage suffered.
692. In view of the seriousness of the allegations concerning the torture of Messrs Getnet and Mengistu during their detention to make them confess their membership in an illegal organization, the long period of detention, the vague nature of the charges, their release on several occasions without any explanation as to the reasons for their detention only to be rearrested, the Committee urges the Government to initiate without delay an independent inquiry, to be led by a person that has the confidence of all the parties concerned, to fully clarify the circumstances surrounding their successive arrests and detentions, determine responsibility if it is found that they have been subjected to maltreatment and punish those responsible. If their detention is found to be based on anti-union grounds, the Committee requests the Government to take steps for their immediate release and for the payment of appropriate compensation for any damage suffered. The Committee requests the Government to keep it informed of the results of the inquiry.
693. In light of the longstanding and serious nature of the allegations and the often conflicting versions provided by the complainant organizations and the Government, and taking due note of the discussions currently under way between the Government and the Office to determine the modalities for a direct contacts mission as requested by the Conference Committee on the Application of Standards in relation to Convention No. 87, the Committee firmly urges the Government to accept such a mission in the very near future and hopes that it will include an examination of all matters raised in the present complaint.
694. Before concluding, the Committee is bound to note that the situation of the ETA seems not to have evolved since its last examination of interference in ETA administration and activities [see 332nd Report, paras 55–61]. The Committee urges the Government to intensify its efforts to ensure that the principles of freedom of association and collective bargaining are fully respected, particularly as regards the effective recognition of the trade union rights of teachers in the public sector. The Committee calls on the Government to fully observe the right of the ETA to organize its internal administration free from interference by the public authorities and to provide a full and detailed reply in respect of the numerous and serious allegations raised in this case of repeated government interference and harassment, arrest, detention and torture of ETA members for over a decade.

The Committee's recommendations

695. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) The Committee calls on the Government to fully observe the right of the ETA to organize its internal administration free from interference by the public authorities and to provide a full and detailed reply in respect of the numerous and serious allegations raised in this case of repeated government interference and harassment, arrest, detention and torture of ETA members for over a decade.
- (b) The Committee urges the Government to take the necessary measures as a matter of urgency to ensure observance of the right to freedom of association of civil servants, including teachers in the public sector in accordance with Convention No. 87 ratified by Ethiopia. The Committee requests the Government to keep it informed on any progress made in this respect.
- (c) With regard to the allegations relating to interference in ETA activities and confiscation of its materials and documents, the Committee observes that the Government has not provided its observations on these very serious allegations of trade union rights infringement and requests it to do so without delay so that it may examine this question in full knowledge of the facts. In the meantime, it requests the Government to ensure respect for trade union rights and to return any confiscated material that may have been seized without an appropriate warrant or that has no relation to any outstanding charges.
- (d) The Committee requests the Government to initiate a full and independent investigation into all of the allegations made in this case and in the earlier Case No. 1888 relating to the steps taken by the Government to support the rival ETA group and undermine the complainant organization and to provide full details on the progress made in this regard and on the conclusions reached. In the meantime, the Committee urges the Government to ensure that the ETA may carry out its activities without any government repression. The Committee further requests the Government to provide information on any measure or action taken following the ruling of 21 June 2007 by the Federal High Court.
- (e) The Committee strongly urges the Government to ensure that ETA members who are still being detained are released or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for their defence. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities. The Committee urges the Government to send its observation without delay on the allegations relating to the arrest, detention or disappearance of the following individuals: Abate Angore, Teferi Gessesse, Tesfaye Yirga, Tamirat Testfaye, Dibaba Ouma, Ocha Wolelo, Bekele Gagie, Serkaalem Kebede, Mulunesh Ababayehu Teklewold and Tilahun Ayalew, as well as the list of 68 arrested teachers provided by the complainants (see the annex). The Committee asks the Government to keep it informed of any decisions handed down by the courts in respect of these ETA members and to take steps to ensure the immediate release of any of these members and union leaders that may still be detained for their trade union activities and membership and to take steps for the payment of adequate compensation for any damage suffered.
- (f) In view of the seriousness of the allegations concerning the torture of Messrs Getnet and Mengistu during their detention to make them confess their membership in an illegal organization, the long period of detention, the vague nature of the charges, their release on several occasions without any explanation as to the reasons for their detention only to be rearrested, the Committee urges the Government to initiate without delay an independent inquiry, to be led by a person that has the confidence of all the parties concerned, to fully clarify the circumstances surrounding their successive arrests and detentions, determine responsibility if it is found that they have been subjected to maltreatment and punish those responsible. If their detention is found to be based on anti-union grounds, the Committee requests the Government to take steps for their immediate release and for the payment of appropriate compensation for any damage suffered. The Committee requests the Government to keep it informed of the results of the inquiry.
- (g) The Committee firmly urges the Government to accept the direct contacts mission requested by the Conference Committee on the Application of Standards in the very near future and hopes that it will include an examination of all matters raised in the present complaint.

Annex

ETA list of 68 arrested teachers
(List dated 29 December 2005)
No.
Name
Sex
Address
Date
Place of detention
1
Kassahun Kebede
M
Addis Ababa
01.11.05
Maekelawi, Addis Ababa
2
Mazengia Taddesse
M
Addis Ababa
09.11.05
Zuwai
3
Tesera Asmare
M
Debre Markos
31.10.05
Birr Sheleko
4
Eneyewe Alemayehu
M
Markos
31.10.05
Birr Sheleko
5
Temesgen Erigetu
M
Debre Markos
31.10.05
Birr Sheleko
6
Menberu Kebede
M
Debre Markos
07.11.05
Birr Sheleko
7
Agar Adane
M
Debre Markos
07.11.05
Birr Sheleko
8
Meketa Mengistu*
M
Dejen
01.11.05
Dangilla
9
Belete Gebre
M
Woldia
Woldia
10
Tilahun Ayalew*
M
Dangla
30.10.05
Woldia
11
Berihum Bekele
M
Metekele
Chagne
12
Wondimu Lemech
M
Metekel
Chagne
13
Fantahun Bezuayehu
M
Metekel
Chagne
14
Awoke Mekoria
M
Metekel
Chagne
15
Ayenew Fanta
M
Metekel
Chagne
16
Abreham Belai
M
Finote Sellam
Finote Sellam
17
Melku Bayabil
M
Finote Sellam
Finote Sellam
18
Yeshiwas Tekle
M
Finote Sellam
Finote Sellam
19
Desalegn Abera
M
Finote Sellam
Finote Sellam
20
Degu Mulat
M
Merawi
Merawi
21
Sileshi Dagne
M
Merawi
Merawi
22
Ferede Wole
M
Merawi
Merawi
23
Debasu Gedame
M
Merawi
14.11.05
Merawi
24
Mehamed Indiris
M
Merawi
14.11.05
Merawi
25
Seifu Degu
Dessie
14.11.05
Jara
26
Wole Admed
M
Dessie
14.11.05
Jara
27
Bizu Mekonnen
M
Dessie
14.11.05
Jara
28
Chane Reta
M
Dessie
14.11.05
Jara
29
Yehualaeshet
M
Dessie
14.11.05
Jara
30
Tilahun Shiferaw
M
Dessie
14.11.05
Jara
31
Tatek
M
Dessie
14.11.05
Jara
32
Berhane Berihun
Woldia
14.11.05
Woldia
33
Fentahu Bayou
M
Woldia
14.11.05
Woldia
34
Amare Keteme
M
Woldia
14.11.05
Woldia
35
Adane Tilahun
M
Woldia
14.11.05
Woldia
36
Fekadu Taye
M
Addis Ababa
04.11.05
Unknown
37
Moges Zewale
M
Gonder
06.11.05
Unknown
38
Yehualaeshet Molla
M
Dessie
03.11.05
Unknown
39
Yehualaeshet Ketsela
M
Enarj Enawga
02.11.05
Unknown
40
Fiseha Zewdu
M
Yirga Chefe
11.11.05
Unknown
41
Yilekal Bitew
M
Bahir Dar
14.11.05
Unknown
42
Mersa Berhane
M
Bahir Dar
13.11.05
Unknown
43
Asres Alem
M
Bahir Dar
14.11.05
Unknown
44
Abreham Meket
M
Bahir Dar
Unknown
45
Asmama Asere
M
Merawi
13.11.05
Unknown
46
Ketemaw Sintayehu
M
Bahir Dar
14.11.05
Unknown
47
Mulunesh Ababayehu
F
Addis Ababa
09.11.05
Zuwai
48
Tigabu Habte
M
Gonder
05.11.05
Unknown
49
Birhan Ayichew
M
Gonder
05.11.05
Unknown
50
Dejene Asfaw
M
Gonder
07.11.05
Unknown
51
Bethlehem Terefe
F
Addis Ababa
02.11.05
Released
52
Solomon Mesfin
M
Jima
05.11.05
Released
53
Getahun Tefera
M
Arba Minch
07.11.05
Released
54
Wondimu Getachew
M
Arba Minch
07.11.05
Released
55
Taddesse Melaku
M
Arba Minch
07.11.05
Released
56
Abebe Folla
M
Wolaita Sodo
07.11.05
Released
57
Tekele Loreto
M
Wolaita Sodo
07.11.05
Released
58
Markos Keba
M
Wolaita Sodo
07.11.05
Released
59
Mulugeta Tirfo
M
Wolaita Sodo
07.11.05
Released
60
Kiya Mulugeta
F
Addis Ababa
06.11.05
Released
61
Asnake Jemaneh*
M
Wolaita Sodo
02.11.05
Released on 11.11.05
62
Girma Wondimu
M
Bonga
01.11.05
Released
63
Mulugeta Fentaw
M
Dessie
Unknown
Unknown
64
Berhanu
M
Shaka
Unknown
Released
65
Abera Tamirat
M
Wolaita Sodo
Unknown
Released
66
Shitaye (wife of previous)
F
Wolaita Sodo
Unknown
Released
67
Berhanu Belai
M
Finote Sellam
Unknown
Released
68
Ferede Wole
M
Merawi
Unknown
Unknown
* ETA officials:
– Meketa Mengistu is the chairperson of the ETA Dejen Woreda branch, Dejen;
– Asnake Jemaneh is the chairperson of the ETA Wolaita zone branch, Wolaita Sodo;
– Tilahun Ayalew is the chairperson of the ETA Awi zone branch, Dangla.