Informe provisional - Informe núm. 323, Noviembre 2000

Caso núm. 1888 (Etiopía) - Fecha de presentación de la queja:: 06-JUN-96 - Cerrado

Allegations: Death, detention and discrimination of trade unionists, interference in the internal administration of a trade union

1. 176. The Committee previously examined the substance of this case at its November 1997, June 1998, June 1999 and May-June 2000 meetings, presenting an interim report to the Governing Body in all these instances (308th Report, paras. 327-347; 310th Report, paras. 368-392; 316th Report, paras. 465-504; 321st Report, paras. 220-236).
2. 177. The Government has provided some information in a communication dated 16 May 2000, which the Committee could not take into account at its June session in view of its late arrival, and updated observations in a communication dated 24 October 2000.
3. 178. Ethiopia has ratified both 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. Previous examination of the case

1. 179. During its previous examinations of this case, the Committee addressed very serious allegations of violations of freedom of association, in particular the Government's refusal to continue to recognize the Ethiopian Teachers' Association (ETA), the freezing of its assets and the killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials. The Committee expressed on several occasions its grave concern with respect to the extreme seriousness of the case and urged the Government to cooperate in furnishing the Committee with a detailed response to all the questions posed by the Committee.
2. 180. At its June 2000 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
3. (a) Noting with deep concern that Dr. Taye Woldesmiate did not get the benefit of due process, the Committee urges the Government to provide it without delay with the text of the judgement issued against him, including the precise reasons why he was brought to trial as well as the evidence on which he was convicted, to indicate whether any appeal has been lodged against the sentence, and to keep it informed on developments in his situation, in particular as regards any measures taken to release him.
4. (b) The Committee urges the Government, once again, to provide as soon as possible precise information on all the allegations pending. This information should cover all the following points:
5. (i) any appeal lodged with respect to the leadership of the ETA and any relevant orders or judgements in this regard; to provide information concerning its role with respect to ETA prior to the 1994 court decision;
6. (ii) its involvement in the freezing of ETA's assets prior to the June 1998 court order, and with respect to the delay between the judgement unfreezing ETA's bank account and the order transmitting this decision to the relevant bank; the allegation that the Government has informed tenants in the ETA building to submit their rent payments to the Government;
7. (iii) the specific allegations concerning the occupation and sealing of ETA premises, and the closing by security forces of an ETA/EI workshop;
8. (iv) on the issue of the harassment and detention of ETA leaders and members, to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention, and the legal process that was followed and any decisions or orders arising therefrom;
9. (c) The Committee urges once again the Government to take the necessary measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn, and to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
10. (d) Concerning the dismissal of ETA members and leaders (see Annex I), the Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard.
11. (e) Deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, the Committee once again strongly urges the Government to ensure that an independent judicial inquiry be carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
12. (f) The Committee reiterates its request that the Government consult with ETA on the unilateral introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard.
13. (g) The Committee reiterates its request that the Government reply to the allegation that it refused ETA's attempts to establish a constructive working relationship with it.
14. B. The Government's new observations
15. 181. In its communication of 16 May 2000, the Government explains the historical context of teachers' unionization in Ethiopia, starting with the foundation of the Teachers' Union in 1949, then the Ethiopian Teachers' Association (ETA) in 1964, which obtained legal recognition (Registration No. 25) on 20 December 1968 for an indefinite period, and functioned as such at the national level. Following the overthrow of the Derg regime and in order to reorganize the Association, a new ETA coordinating committee regrouping all the teachers residing in Addis Ababa and environs was created. In February 1993, Dr. Taye Woldesmiate was elected as head of the ETA Executive Committee. During that period, the governmental structure was restructured along settlement patterns of nationalities, a move which was opposed by some, but not all, members of the ETA Executive Committee. As a result, the relations both within the Association, and between the Association and the Government began to sour, with divergent positions in terms both of teachers' rights and benefits, and political viewpoints. These increasingly wide differences between the so-called "liberals" (roughly, teachers and their representatives residing and working in the regions, who endorsed the structure adopted by the Government) and the "conservatives" (roughly, the ETA Executive Committee led by Dr. Woldesmiate). These were the very differences which led to the ensuing disputes between rival factions and, ultimately, to the court proceedings.
16. 182. In that context, the "liberals" organized themselves in every region through ad hoc regional committees and, in June 1993, elected a new Executive Committee. This new Executive was registered and given legal recognition, as the new Ethiopian Teachers' Association, by the Ministry of Interior which revoked at the same time the previous registration, considering that the Association had been dissolved and replaced by a new one. The court seized with this issue decided in December 1994 that this was a problem to be solved by the General Assembly of the Association, in accordance with its by-laws. On that basis, the "liberals" elected a new Executive Committee (led by Mr. Ato Yeshivwas Admassu) at a general assembly held in October 1995, following which the new Executive Committee applied to the Federal Court to obtain the transfer of union property and assets.
17. 183. Following a series of court decisions on the issue of property and assets transfer (the various judiciary proceedings had started back in 1993) the Federal Court directed the Commercial Bank of Ethiopia, in August 1997, to transfer the bank assets to the new Executive Committee, as the only legally recognized body, which the Bank did. As the two executive committees have filed an appeal and a counter-appeal, respectively in August 1997 and May 1998, against the Federal Court order, this matter, which involves complex factual and legal issues (described at some length in the Government's replies) is still pending before the Federal High Court. It is therefore improper to conclude, as the Freedom of Association Committee did, that the bank account and other assets have been transferred to the new Executive Committee under instructions from the Government.
18. 184. As regards the teachers allegedly dismissed from Addis Ababa University, the Government indicates that the University was restructured under Ministerial Regulation No. 113/85 and a new University Board appointed. The Board took a few measures, including appointing the President and Vice-President of the University, and instituted the obligation for academic staff to sign an employment contract, renewable every two years. As a result:
19. - the contracts of some 40 teachers were not renewed;
20. - the contracts of eight other teachers who had reached pensionable age were renewed for various periods and they were pensioned off, effective 9 April 1993. The individuals concerned are: Messrs. Worku Tefera Damtew, Tadesse Beyene Hiwot, Sheferaw Agonafir Zerfu, Asrat Woldeyes Altaye, Seifu Metaferia Firew, Taye Mekuria Betamno, Asfaw Desta Mersha, Hailu Araia Woldegebriel);
21. - another group of 32 teachers filed a lawsuit against the University for wrongful dismissal, requesting reinstatement and/or compensation. The Court of Region 14 rejected the reinstatement demand but granted the compensation requested, i.e. nine months' salary to each plaintiff. This decision was subsequently confirmed by the Federal Court of First Instance on 8 January 1997, and implemented. The individuals concerned are: Messrs. Ayenew Edjigu, Ayele Tirfe, Mekonnen Bishaw, Messay Kebede, Taye Assefa, Alemeyehu Haile, Befekadu Degfe, Mekonnen Delgassa, Sebhat Mersetsehazen, Admassu Gebeyehu, Taye Wolde Semayat, Tsehay Berhaneselassie, Tesfaye Shewaye, Mukuria Mamo, Aklilu Tadesse, Fekadu Shewakena, Berhanu Bankashe, Hulunante Abatye, Lelaem Berhane, Ayele Tarekegne, Mindaralew Zewde, Fisseha Zewide, Aynalem Ashebir. The University has indicated that throughout all these proceedings, the question of ETA membership was never raised. The Government therefore submits that the details of Annexes I and II mentioned in the previous decision of the Freedom of Association Committee are groundless.
22. 185. As regards the other teachers allegedly dismissed on account of their ETA membership, the Government states that the details presented in this respect by the Freedom of Association Committee are groundless, since some of these teachers are still working, some are pensioned off and some are not alive, as listed in the following table:
23. =================================================================
24. Full name Area where they Present condition
25. used to live
26. =================================================================
27. 1. Ato Muligetta E/Shewa Nazareth Pensioned off W/Kirkos
28. 2. Ato Alula Abegaz E/Shewa Nazareth Deceased
29. 3. Ato Solomon Addis Ababa Working at the Wondwossen Commercial Bank having been transferred
30. 4. Ato Befakadu Firde Addis Ababa Pensioned off. Has passed away; his family has received benefit from the mutual aid fund of the association
31. 5. Ato Mohammed Seid Nazareth Still teaching
32. 6. Ato Bekele Bale Goba Teaching at the Batu Mengistu Mountain Senior Secondary Comprehensive School
33. 7. Ato Thomas Egzi Jimma Working as the head of the Bench Maji Zone Cultural Department
34. 8. Ato Solomon Girma Jimma Teaching at the Agaro Senior Secondary School
35. 9. Genene H/Selassie Asosa Teaching at the Assela Senior Secondary Comprehensive School
36. 10. Ato Moges Tadesse Assela Teaching at the Assela Senior Secondary Comprehensive School
37. 11. Ato Mohammed Assela Teaching ast the Assela Hussein Senior Secondary Comprehensive School
38. 12. Ato Ashenafi Assela Working at the Southern Legebo People's National Regional State having been transferred
39. 13. Ato Endalkachew Dessie Working at a private Molla business establishment in Addis Ababa
40. 14. Ato Melese Taye Goba Transferred to Nazareth and was working there. Has been pensioned off
41. 15. Ato Demeke Seifu Asebe Teferi Teaching at the Asebe Teferi Senior Secondary School
42. 16. Ato Womdimu Asebe Teferi Teaching having been Bekele transferred to the Amhara region
43. 17. Ato Solomon Asebe Teferi Working in Dire Dawa Tesfaye having been transferred
44. 18. Ato Zewdu Teshome Asebe Teferi Still working
45. 19. Ato Girma Tolossa Asebe Teferi Working at the Meisso town
46. 20. Ato Tesfaye Daba Ambo Still working
47. 21. Ato Workneh Dinsa Nikempte Still working
48. 22. Ato Duana Kefege Ambo Pensioned off. Currently working with the Abebech Gobena Children village
49. 23. Ato Woldeyesus Ambo Pensioned off. Mengesh Currently working with the Abebech Gobena Children Village
50. 24. Ato Tamrat Daba Ambo Working at the Addis Alem Senior Secondary School
51. 25. Ato Fata Sori Ambo Still working
52. 26. Ato Legesse Ambo Still working Lechisa
53. 27. Ato Admassu Bale/Robi Pensioned off W/Yesus
54. 28. Ato Mohammed Umer Dessie Has left work on his volition
55. 29. Ato Solomon Dessie Still working H/Selassie
56. 30. Ato Mekonnen Dessie Still teaching at the Dawud Hote Senior Secondary School
57. 31. Ato Sisay Mitiku Dessie Director, Kombolcha Junior Secondary School
58. 32. Ato Shuke Jimma Still teaching at the Desalegn Jimma Senior Secondary Comprehensive School
59. =================================================================
60. 186. Concerning the introduction of the new evaluation system, the Government indicates that the previous system had been shown to be among the main causes for the low quality of education in Ethiopia, along with the methods of recruitment, training, deployment and management of teachers. The new evaluation system includes the following aspects: teaching capability and qualifications; capacity to evaluate and develop the curriculum; capacity to follow and build the character of students; work relations and cooperation demonstrated at school, with parents and the community; efforts made to improve qualifications, to share experience with others and to learn from them; dedication for the profession, participation and activities to develop democratic principles. The teachers participate in mutual evaluation, as well as students, parents and the community, since this is a transparent procedure. Membership in ETA is not part of the evaluation. The comments made by the Freedom of Association Committee in this respect are therefore not quite proper.
61. 187. As regards the alleged failure to establish a constructive working relationship with ETA, the Government states that it had no choice but to accept the decision made by the General Assembly of ETA, which has elected a new executive, with whom it has indeed established such a constructive relationship, as the only legitimate representative body of ETA.
62. 188. Concerning the harassment and detention of ETA leaders and members, the Government indicates that the incident concerning Messrs. Abate Angore, Awoke Mulugeta and Shimalis Zewdie occurred in September 1998, when the Federal High Court ordered the impounding of ETA building and other properties. As they refused to cooperate, the police had a warrant issued against them for obstructing implementation of the Court's order and contempt of court. They were arrested and detained for one month, not because of their ETA membership, but for obstructing the execution of a court order.
63. 189. As regards Dr. Taye Woldesmiate, the Government indicates that Dr. Woldesmiate and his five co-accused were found guilty by the Federal High Court of conspiring to overthrow the State on the following grounds: establishing the Ethiopian National Patriotic Front; formulating short- and long-term plans to overthrow the State; drawing up lists of individuals (high government officials) and organizations (economic, military, security and police institutions) they considered as targets; recruiting persons with military training; purchasing weapons. These charges were proved through witnesses, documents, exhibits and technical information, and the accused found guilty in accordance with the Code of Criminal Procedure (a copy of the Federal High Court decision is attached to the Government's communication of 24 October 2000) as follows:
64. - Dr. Taye Woldesmiate: 15 years of rigorous imprisonment (he failed to appeal within the statutory period of limitation and is serving his sentence);
65. - Mr. Ato Tsadik Mariam: 13 years of rigorous imprisonment;
66. - Lt. Chane Tale: ten years of rigorous imprisonment;
67. - Mr. Talegeta Leul (Dagne) Mariam: eight years of rigorous imprisonment;
68. - Captain Moges Assefa: eight years of rigorous imprisonment;
69. - the sixth defendant, Mr. Ato Kebede Desta, is deceased.
70. 190. The Government mentions that it has no right to interfere in the works or the decisions of the courts. In addition, the Government states that the recommendations made in this respect by the Freedom of Association Committee, i.e. to release individuals, like Dr. Taye, who have engaged in terrorist activities and caused great danger for the security of the country and its citizens will have no acceptance either from the standpoint of law or morality. This surely blemishes the work of the Committee.
71. 191. Attached to the communication of 24 October is a document containing the Government's related observations on the comments and recommendations made in June 2000 by the Conference Committee on the Application of Standards. The Government indicates in substance that, taking into account the evolution resulting from globalization, the need has been felt in the country to review existing laws and regulations, including Labour Proclamation No. 42/93, so that they would reflect recent developments. Accordingly, numerous amendments were submitted, with tripartite input, to the Council of Ministers, which decided however that the law as a whole should be revised. The Ministry is therefore organizing a tripartite workshop, with the participation of the ILO office in Addis Ababa, so that all relevant matters, including the recommendations made by the Conference Committee, for example on the right of civil servants to organize, may be reviewed comprehensively.

C. The Committee's conclusions

1. 192. The Committee recalls once again that this case addresses very serious allegations of violations of freedom of association, in particular: government interference with the functioning of ETA; killing of trade unionists; arrest, detention, harassment, dismissal and transfer of ETA members and officials. The Committee also underlines that all these events took place in a context of bitter inter-union rivalry, which complicated the matter further and no doubt exacerbated tensions, leading among others to numerous judicial proceedings being launched by the two executive committees, both claiming to be the truly representative organization of Ethiopian teachers. In such situations, the Committee has consistently recalled the importance it attaches to the resolution of 1952 concerning the independence of the trade union movement, has urged governments to refrain from showing favouritism towards, or discriminating against, any given trade union, and has requested them to adopt a neutral attitude in its dealings with organizations, so that they are all placed on an equal footing (see Digest of decisions and principles of the Committee on Freedom of Association, 4th edition, 1996, para. 305).
   • Trial and sentencing of Dr. Woldesmiate and his co-accused
2. 193. The Committee reiterates its deep concern that Dr. Woldesmiate and his co-accused were found guilty of conspiring to overthrow the State and have received extremely heavy sentences, ranging from eight to 15 years of "rigorous imprisonment". The Committee recalls once again that while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists. In addition, 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 to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority (see Digest, op. cit., para. 102). Whilst noting the judgement of the Federal High Court and the Government's explanation that the accused were found guilty in accordance with the Code of Criminal Procedure, the Committee considers on balance that there still exists serious misgivings as to the regularity of the trial and of the proceedings leading to it, irregularities which were discussed again in the Conference Committee on the Application of Standards at its June 2000 meeting; the Committee notes, in relation to this, the unchallenged allegation made during that debate, that an Ethiopian judge who had raised the question of the independence of the judicial system had been dismissed.
   • Transfer of property and assets
3. 194. The Committee notes the information provided by the Government in this respect, and in particular that several proceedings have been instituted by both executive committees about ownership of said assets, in a context which involves not only legal issues, but numerous and complex factual ones as well. The Committee requests the Government to keep it informed of developments in the situation and to provide it with the final judgement of the Federal High Court, as soon as it has been issued.
   • Introduction of the evaluation system
4. 195. The Committee takes note of the replies of the Government to its previous request on this subject. While noting the explanations given on the rationale for the introduction of the new evaluation system, and on the decision made by the Government to establish a working relationship with the new Executive of ETA, the Committee urges the Government to ensure that the introduction of the evaluation system for teachers not be used as a pretext for anti-union discrimination, and to inform it of progress in this regard.
   • Measures (dismissals and detentions) taken against ETA members
5. 196. The Committee takes note of the partial information provided in this respect, including the Government's statement that the details mentioned in Annex I (ETA members purportedly dismissed) and Annex II (ETA members allegedly detained for their active participation in ETA activities) of its previous decision are groundless. While the Committee reiterates its previous conclusions and recommendations on these aspects of the case - i.e. to reinstate dismissed workers and leaders if they so wish, and to ensure that all detained or charged ETA members be released and that charges against them be withdrawn - it is mindful that their implementation could raise serious difficulties as there are contradictions between the information provided by the complainant organizations and the Government on the names and current status of ETA members. This may be due in part to the fact that most of these events took place a long time ago but, as a result, the Committee is not in a position, on the basis of the available information, to identify those individuals whom the complainant organizations, at this juncture, considers as being still aggrieved by the Government's actions. The Committee invites complainants EI and ETA to provide it with a list of those individuals.
6. 197. The Committee notes the information provided by the Government concerning the arrest and detention of Messrs. Abate Angore, Awoke Mulugeta and Shimalis Zewdie in relation to the impounding of ETA building and other properties.
   • Absence of reply on other pending issues
7. 198. The Committee notes that the Government has not provided information or observations on the killing of Mr. Assefa Maru (see 321st Report, para. 225(i)), and requests it, once again, to provide said information and observations.
   • General concluding remarks
8. 199. In a broader perspective, the Committee wishes to underline that the trade union situation in Ethiopia in general has been discussed several times during the last eight years by the Conference Committee on the Application of Standards, and that the teachers' and ETA's case in particular have been discussed during three consecutive years by the Conference Committee, which expressed its deep concern at the trade union situation in Ethiopia (ILC 1998, Provisional Record No. 18, pp. 91-93; ILC 1999, Provisional Record No. 23, pp. 109-112; ILC 2000, Provisional Record No. 23, pp. 73-76). Taking into account the lengthy period elapsed since the filing of this complaint, the gravity of allegations, the seriousness of this situation as attested by the various interventions of the supervisory bodies, as well as the stated willingness of the Government to make progress, including the latest initiative related to a comprehensive review of the labour legislation, the Committee urges the Government to reconsider the whole situation, with a view to taking a fresh and global look at all the pending issues and working towards their early resolution. On a related point, the Committee emphasizes, in view of the criticism made by the Government of its earlier conclusions and recommendations, that the whole object of the special procedure on freedom of association is not to blame or punish anyone, but rather to engage into a constructive tripartite dialogue to promote respect for trade union rights in law and in fact. The Committee recalls in this respect that the Government may avail itself of the ILO's technical assistance.

The Committee's recommendations

1. 200. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Considering that serious doubts still persist as to whether all the guarantees of due process were afforded to Dr. Woldesmiate and his five co-accused, the Committee requests once again the Government to keep it informed of developments in the situation, in particular as regards any measures taken to release them.
   • (b) The Committee requests the Government to keep it informed of developments concerning the transfer of ETA property and assets, and to provide it with the final judgement of the Federal High Court, as soon as it has been issued.
   • (c) The Committee urges the Government to ensure that the introduction of the evaluation system for teachers is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard.
   • (d) The Committee requests the Government, once again, to take the necessary measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn, and to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities. The Committee invites the complainant organizations to provide updated information on workers still considered as aggrieved by the Government's actions.
   • (e) The Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard. The Committee invites the complainant organizations to provide updated information on those workers still concerned by these measures.
   • (f) Deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, the Committee once again strongly urges the Government to ensure that an independent judicial inquiry be carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
   • (g) Taking into account the lengthy period that has elapsed since the filing of this complaint, the seriousness of the situation as attested by the repeated interventions of the various supervisory bodies, as well as the Government's stated willingness to make progress, the Committee urges the Government to reconsider the whole situation, with a view to taking a fresh and global look at all the pending issues and working towards their early resolution, and recalls that the Government may avail itself for these purposes of the ILO's technical assistance.