Informe provisional - Informe núm. 306, Marzo 1997

Caso núm. 1908 (Etiopía) - Fecha de presentación de la queja:: 14-NOV-96 - Cerrado

Allegations: Occupation of trade union premises, physical assault on a trade unionist and forced removal of elected trade union leaders

1. 439. In a communication of 14 November 1996, the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) submitted a complaint of infringements of trade union rights against the Government of Ethiopia. The Confederation of Ethiopian Trade Unions (CETU) submitted allegations concerning this case in a communication also dated 14 November 1996. CETU submitted further allegations in a communication dated 27 January 1997.
2. 440. The Government supplied its observations on the case in communications dated 17 January and 6 February 1997.
3. 441. 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

1. 442. In its communication of 14 November 1996, FIET alleges that on 4 November 1996, six members of the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF), backed by security and police personnel, forcefully occupied the offices of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP), an affiliate of FIET. FIET asserts that the attack is the culmination of a campaign by the Government against the FCTP. The attack follows the constant harassment by government officials and intervention by government departments in the affairs of this federation which has defended free, independent and democratic trade unionism in Ethiopia.
2. 443. FIET contends that since 1994, the EPRDF and the respective government department have succeeded - by manipulating first-level unions and putting pressure on individuals and unconstitutional congresses - in turning seven of the nine federations affiliated to CETU into pro-government organizations. According to FIET, they are now trying to silence the only two independent federations left and the CETU President. It further fears for the physical integrity of the leaders of the FCTP and the other affiliate of FIET, the Industrial Federation of Banking and Insurance Trade Unions (IFBITU), and of the CETU President, Mr. Dawey Ibrahim.
3. 444. In its communication of 14 November 1996, CETU also alleges that on 4 November 1996, six members of the EPRDF, fully backed by the security and police forces, forcefully occupied the offices of the FCTP. CETU stresses that the FCTP, an affiliate, struggles for the existence of free, independent and democratic trade unions in Ethiopia. As a result, it has been a target of propaganda which culminated in the illegal attack on its office which in turn was fully backed by the Government.
4. 445. CETU indicates more specifically that the six EPRDF members first of all entered the office of Mr. Mulatu Gurmu, the Treasurer, who, at the time, was alone there. They then insisted that he hand over the keys of the FCTP offices. When he resisted, he was brutally beaten up by them. Subsequently, they took the office keys, money and personal documents from him. The FCTP offices are now under the control of persons recruited by the Government and are therefore government stooges.
5. 446. CETU adds that a complaint has been registered with the police and the public prosecutor. However, it does not expect any immediate action from them since the takeover of the FCTP offices was fully supported by the Government and moreover, there is no respect for the rule of law. CETU therefore appeals to the ILO to put pressure on the Government to respect the trade union rights guaranteed by Conventions Nos. 87 and 98 which have been ratified by Ethiopia.
6. 447. In its most recent communication of 27 January 1997, CETU alleges that legal proceedings between itself and the Ministry of Labour are under way in the Labour Division of the Federal High Court over the question of the cancellation of its registration. Regarding this very matter, CETU contends that the Executive and Audit Committees of the so-called "eight federations" adopted a declaration on 4 January 1997 in which it was decided to reorganize CETU anew and to establish a coordinating committee to administer its property and assets.
7. 448. CETU points out, in respect of the decision to re-establish its organization, that according to article 123 of Labour Proclamation No. 42/93, a trade union whose registration is cancelled by the Ministry of Labour ceases to exist if it fails to appeal to the competent court within the time-frame set by this law or when the decision of the Ministry is confirmed upon appeal. Since CETU had appealed to the court in accordance with the procedures prescribed by the law and in view of the fact that the case is still pending before the court which has not yet rendered a final decision, the Confederation is still a legally viable entity. Therefore, acts which aim at re-establishing CETU anew are illegal and would pre-empt the position of the court, which, in essence, amounts to undermining the independence of the judiciary.
8. 449. As regards the decision to establish a coordinating committee to administer its property and assets, CETU indicates that six of the "eight federations" had earlier on applied to the Ministry to set up a caretaker committee. Endorsing this, the Ministry then submitted its application for the setting up of this committee to the court where CETU's above-mentioned appeal was pending. With regard to this question, the court ruled on 4 August 1995 that the need to set up a caretaker committee did not arise for the simple reason that the Confederation did have legal existence and could administer its property. CETU asserts that since this decision has never been reversed, it still remains binding. Hence, the very recent declaration of the above-mentioned Executive and Audit Committees of the "eight federations" amounts to no less than a challenge to the decision of the High Court.
9. 450. Apart from this, the above-mentioned Executive and Audit Committees have no legal or constitutional mandate to terminate CETU's legal status, or reorganize, replace or assume its functions. Their only mandate is to represent the workers of their respective industrial sectors and carry out their duties as per the constitutions of the respective federations. These federations' councils and congresses have no power, either by law or by their respective constitution, to decide over the existence of CETU or over the administration of its property.
10. 451. CETU contends therefore that the declaration issued by the Executive and Audit Committees not only violates the resolutions of the General Congress of Ethiopian Workers concerning the manner of administration of properties that had been owned and held by the previous national centre (ETU) but also contravenes national labour laws and international labour standards. The attempt being made to take control of CETU's properties, by pure executive fiat, amounts to none other than a gross act of illegality of the highest order. CETU asserts that the Ministry of Labour should ensure respect for the rule of law. Moreover the Ministry should not give any permission to set up nor to recognize the above-mentioned caretaker committee before the court makes a final ruling on the dispute over the cancellation of CETU's registration.

B. The Government's reply

1. 452. In its communications dated 17 January and 6 February 1997, the Government, referring to the fears expressed by FIET with regard to the physical integrity of the leaders of the two federations, the FCTP and the IFBITU, as well as that of CETU President, Mr. Dawey Ibrahim, states categorically that it has made no attempt and does not have any intention of attacking any trade union leader nor of interfering in internal union affairs. On the contrary, it has always stood up for trade union rights and the strict observance of freedom of association principles.
2. 453. The Government asserts that the allegation concerning the forceful occupation of FCTP offices by six members of the EPRDF, backed by security and police personnel, is totally unfounded.
3. 454. The Government indicates that what it knows about the FCTP is that, in a letter dated 22 October 1996, the executive office of this federation requested the Ministry of Labour and Social Affairs to provide identity cards for its newly elected leaders. According to the Government, the executive office of the FCTP indicated in this letter that in accordance with its constitution, its General Assembly which was held on 19 October 1996 elected new union leaders to replace those who had left the federation for their own reasons.
4. 455. Therefore, and as per the request, the Ministry which is a government body responsible for the registration and certification of organizations and their leaders issued identity cards after examining the relevant documents. The Government stresses, however, that the issuance of identity cards to the newly elected union leaders is not exceptional. The other eight federations' leaders have also had identity cards issued to them by the Ministry in the same manner.
5. 456. Furthermore, the Government emphasizes that neither the EPRDF nor the police and security personnel has occupied the offices of the FCTP. It points out that it discourages harassment and other undemocratic practices. Finally, it reaffirms its commitment to the free exercise of trade union rights in conformity with the Conventions on freedom of association.

C. The Committee's conclusions

1. 457. The Committee notes that the allegations in this case concern the occupation by force of the premises of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP), an affiliate of FIET, by six members of the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF), backed by the security and police forces. These allegations further refer to the physical assault on the Treasurer of the FCTP as well as the forced removal of elected trade union leaders of the same federation. These allegations finally refer to the attempts by eight pro-government federations, in collusion with the Government, to reorganize CETU anew and to administer its property and assets.
2. 458. As regards the alleged entry into, and occupation of, FCTP premises by six EPRDF members, the Committee observes that the Government categorically denies that such an attack ever took place. Therefore, a fortiori, no trade unionist was physically assaulted. In view of the very large contradiction between the complainants' and Government's statements as to what actually did or did not occur on FCTP premises on 4 November 1996, the Committee would recall the principle that attacks against trade unionists and trade union premises and property create a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 179). The Committee notes that this incident has been reported to the police. It therefore requests the Government to ensure that an independent investigation is carried out immediately into the alleged attack against FCTP premises and FCTP Treasurer on 4 November 1996 so as to identify and punish the guilty parties. It further requests the Government to keep it informed of the outcome of such an investigation.
3. 459. As regards the alleged control of the FCTP offices by persons recruited by the Government, the Committee notes that the Government once again refutes this allegation. The Committee notes the Government's statement that it was the executive office of the FCTP which requested the Ministry of Labour and Social Affairs to issue identity cards for its newly elected leaders. Moreover, according to the Government, the issuance of such identity cards is quite a regular procedure that has been used vis-à-vis the leaders of the other eight federations. Once again, given the striking contradictions between the complainants' and Government's statements as to whether the new FCTP leaders were democratically elected or not, the Committee recalls the principle that the nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions and is incompatible with Convention No. 87 (Digest, op. cit., para. 396). In the light of the serious doubts which appear to surround the regularity of procedures followed leading to the nomination of the new FCTP leaders and in view of the principle that in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial and objective procedure which should also be expeditious (Digest, op. cit., para. 405), the Committee would request the Government to institute an independent judicial inquiry into the above allegation and to keep it informed.
4. 460. Finally, the Committee notes that the Government has not provided its observations on the allegations made by CETU in its communication of 27 January 1997 concerning attempts by eight pro-government federations to reorganize CETU and to administer its property and assets. It requests the Government to reply to these allegations without delay.

The Committee's recommendations

1. 461. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations.
   • (a) The Committee requests the Government to ensure that an independent investigation is carried out immediately into: (i) the alleged attack against, and subsequent occupation of, the premises of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) on 4 November 1996; and (ii) the alleged physical assault on Mr. Mulatu Gurmu, the FCTP Treasurer, on the same day, so as to identify and punish the guilty parties. It further requests the Government to keep it informed of the outcome of such an investigation.
   • (b) The Committee requests the Government to institute an independent judicial inquiry into the allegation that irregular procedures were followed in nominating the new leaders of the FCTP. It asks the Government to keep it informed of the results of such an inquiry.
   • (c) The Committee requests the Government to reply, without delay, to the allegations concerning attempts by eight pro-government federations to reorganize CETU and to administer its property and assets.