Cas individuel (CAS) - Discussion : 1998, Publication : 86ème session CIT (1998)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Ethiopie (Ratification: 1963)

A Government representative of Ethiopia indicated that his Government had responded to all questions and comments made by the Committee of Experts and the Committee on Freedom of Association. Hence, he would limit his comments to some of the highlights of his Government's replies. With regard to the request by the Committee of Experts to indicate how teachers' associations, employees of state administration, judges, prosecutors and other categories of employees enjoyed the right to establish and join organizations for the promotion of their occupational interests, his Government had clearly indicated in its previous reports that civil service employees were governed by laws other than the labour law. Moreover, the Constitution of Ethiopia guaranteed civil service employees the right to organize and conclude agreements with their employers. To this effect, civil service reform programmes and specific legislation were under consideration.

The Committee of Experts had also referred to Cases Nos. 1888 and 1908, currently before the Committee on Freedom of Association. The Government had also replied to questions raised by the Committee on Freedom of Association. With regard to Case No. 1908 his Government had indicated that the executive office of the Federation of Commerce, Technical and Printing Industry Trade Union (FCTP) had requested the Ministry of Labour and Social Affairs to provide identity cards for its newly-elected leaders who had replaced those who had left the Federation for their own reasons. The Ministry, as the body responsible for the registration and certification of trade unions and their leaders, issued identity cards after examining the relevant documents. Hence the allegations presented to the Committee on Freedom of Association were unfounded. The Federation had also provided separate explanations to the Committee on Freedom of Association in order to clarify the situation and had requested that the allegation forwarded on its own behalf be rejected. It should also be mentioned that the FCTP was one of the eight federations that reorganized the CETU and that there was no case pending before the court with regard to this matter. Therefore the allegations amounted to sheer fabrication and misrepresentation by former trade union leaders. In this regard, he wished to inform this Committee that the appeal made by the former president of CETU to the Labour Division of the Federal High Court in connection with the cancellation of the registration of the former CETU was rejected by the Court and the Government had already sent the English translation of the court decision to the Committee on Freedom of Association. With regard to Case No. 1888 his Government had also forwarded its observations on all the comments of the Committee on Freedom of Association. In its submission, his Government had mentioned that the former president of ETA and five other persons were detained not for their membership in ETA or other trade union activities but because they were accused of having established a terrorist clandestine organization known as "National Patriotic Front of Ethiopia" and had undertaken an armed insurrection and terrorist activities against the Government and foreign nationals to ferment terror and anarchy in the country. They were arrested and brought to court in accordance with due process of law and their cases were still pending before the Central High Court. With regard to ETA the Constitution of Ethiopia provided that "Every person has the right to freedom of association for any cause or purpose. Organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited". The Constitution also provided that all citizens, organs of state, political organizations, other associations as well as their officials had the duty and responsibilities to ensure observance of the Constitution and to obey it. However, associations set up for anti-social underground political commitments and for performing illegal activities were not accepted.

The most saddening situation was that the profession and the association had been abused by some members of ETA like Dr. Taye Woldesmiate. Since the Ethiopian Teachers' Association considered ETA to be the only organization of its kind and preferred to lead a hidden political agenda and terrorist activities, it was evident that legal action had to be taken. As such the Government of Ethiopia had neither the right, nor the interest to interfere in the internal affairs of trade unions or other associations. In addition, the question of funds and properties of ETA was before the competent court and his Government would inform the Committees when a decision was handed down. Similarly, the allegation that former ETA members were dismissed unfairly was totally baseless. The true state of affairs was that Ethiopian teachers took the initiative to reconstitute their association and elect new leaders. Normally, when newly-elected leaders take over the responsibility of an association, the former leaders had the right to go back to their former jobs. However, the former leaders of ETA did not choose to follow this pattern. As per their decision and choice, they remained out of jobs and the Ethiopian Government should not be blamed for such actions wilfully taken by these individuals.

With regard to the allegations, he explained that educational institutions functioned autonomously with the necessary authority, responsibility and accountability. Accordingly, universities and colleges could hire their teaching staff on merit and could fire them, when the need arose, for dereliction of duty, incompetence and other failures. These educational institutions had full-fledged academic freedom and had their own salary scale. Neither the Ministry of Education nor any other body could interfere in any decision made by the administrative body of the universities and colleges. Moreover, the teaching staff had full rights to be members of, or participate in, leadership bodies of the Ethiopian Teachers' Association (ETA). Their job security was maintained so long as they performed their duties and responsibilities. In closing, he reiterated the commitment of his Government to promote and fully respect the fundamental rights and freedoms enshrined in the federal Constitution and the international treaties that Ethiopia had ratified.

The Workers' members pointed out that the last occasion on which Ethiopia was examined under Convention No. 87 in this Committee was in 1992. At that time, the representative of the transitional Government announced the very welcome news that the country was experiencing a new era of peace and democracy. The transitional Government had issued a Democratic Charter which guaranteed, among other things, freedom of association, and it was also in the process of preparing a new Labour Code. A draft had already been prepared providing that workers could organize without interference from the public authorities. In particular, a single trade union system was no longer imposed, and the right to strike was recognized. However, as the Committee of Experts noted in its report, teachers were excluded from the scope of the application of Labour Proclamation No. 42/1993. Furthermore, a new law governing employees of the state administration, judges, prosecutors and others, which was expected to come into effect, had not yet been introduced.

At the same time as the new legislation was adopted in 1993, and when it appeared that there was now space for democratic freedoms, the practice of freedom of association in Ethiopia began to suffer new, immediate and severe setbacks. Firstly, by the end of 1994, the Ministry of Labour had cancelled the registration of the national trade union centre, the Confederation of Ethiopian Trade Unions, (CETU), because the Confederation had opposed the Government's harsh structural adjustment policy. CETU's offices were sealed, its bank accounts were frozen and its vehicles were immobilized. Although the High Court made two rulings ordering the Government to reopen the headquarters, unfreeze the bank accounts and reinstate Confederation property, the Government ignored the High Court rulings. The Government then began to encourage a breakaway faction in the national Confederation with a view to turning it into a pro-Government organization, and indeed it succeeded in this. In the second place and beginning in 1993, the Ethiopian Teachers' Association (ETA) began to face severe harassment and government interference in its affairs. The Government registered and recognized a breakaway group from the ETA which it could control, thereby effectively suspending the authentic ETA. It closed the ETA's bank account and the bank accounts of its regional offices. It closed down the regional offices. The Government transferred union dues to the breakaway group. Twenty ETA members, including all the union leaders were dismissed. Hundreds of teachers were transferred. In December 1994, the Government ignored a court ruling ordering it to recognize the democratically-elected ETA. The judge who made the ruling was dismissed shortly afterwards. The Government appealed against the decision -- which was adjourned until July 1998. On 19 March 1996, security forces invaded and ransacked the ETA head office. An executive committee member, Abata Angore, was beaten and detained for over one month. The union's president, Dr. Taye Woldesmiate, was arrested on 29 May 1996. His home was raided and belongings were taken. Dr. Woldesmiate was imprisoned in solitary confinement and for several months his hands were shackled for 24 hours a day. He was not allowed to see a lawyer nor his family until August that year when he was charged with conspiracy against high-level government personnel. Dr.Taye Woldesmiate was still in prison today although two of the most serious charges against him were dismissed by the High Court in February 1997. The remaining trumped up charge concerned incitement to armed uprising. At a hearing of the case against Dr. Woldesmiate in July 1997, two other defendants with the same charges said that the police had tried to make them incriminate him. In October 1997, another co-defendant said that he had been tortured to force him into incriminating Dr. Woldesmiate. On 8 May 1997, the police killed a member of the ETA executive council, Mr. Assefa Maru, who, it seemed they had intended to arrest. The Government refused to hold a public inquiry into the killing. Shortly afterwards, the ETA office in Addis Ababa was ransacked by police and security forces and 34 union members were detained. State-owned television subsequently attempted to link ETA executive committee members with an illegal terrorist organization. The ETA general secretary fled the country, fearing for his life. During the next few days, some 70 ETA members and other teachers were detained around the country for signing a letter denouncing the Government's repression against trade union and human rights organizations. In its reply to the Committee on Freedom of Association, which examined two complaints against the Government of Ethiopia in November 1997, the Government was unable to make any specific comments on a number of grave allegations in respect to the ETA, in particular the allegation that Assefa Maru was killed by the police.

The third specific aspect of government interference concerned the Federation of Commerce, Technical and Printing Industry Trade Unions -- a member of the CETU. The union had been experiencing constant harassment and interference from the authorities who wished to silence this and other federations affiliated to the national Confederation. In November 1996, members of the Government, backed by police and security officials, forced their way into the offices of the union. The union's treasurer, Mulatu Gurmu, was brutally assaulted. The elected leaders of the Federation were forcibly removed from office in 1996. The vice-secretary of the union was forced to flee the country in March 1997 after four attempts on his life and several police raids on his home during the night. By 1997, the national Confederation, CETU, was reorganized and held a congress on 22-24 April. Its headquarters and bank accounts were reopened. The Government registered the new organization in May 1997. It was curious, that on 24 April 1997, the last day of the CETU congress, the High Court confirmed the Ministry of Labour's 1994 decision to cancel the original CETU's registration. CETU's former president and other executive members fled the country in April 1997 fearing for their lives.

The Workers' members had many concerns in respect of this case. They included several aspects of the law, including the broad powers it appeared to give the Ministry of Labour, the application of the law in practice and the violent and repressive actions and attitude of the Government. Hence, the Workers' members wanted conclusions in the strongest possible terms in order to send the correct message in this case, and they wished to have the opportunity to come back to it next year for continued failure to implement the provisions of the Convention. They asked the Government to indicate whether it would be willing to receive assistance from the ILO in the above-mentioned matters unless there was substantial progress.

The Employers' members pointed out that this case contained problems in law and in practice. The Labour Proclamation of 1993 excluded teachers from its scope of application. In consequence, teachers' associations could not promote or protect their occupational interests. Moreover, on several prior occasions the Government had announced that new legislation governing employees of state administration, judges, prosecutors and the like would be enacted in the near future. However, the Government representative had not provided any information on when and to what extent this new legislation would be enacted. Turning to the exercise of freedom of association in practice, the Employers' members noted that trade union leaders had been removed and that the Government had appealed a judgement rendered by the High Court upholding the claims made by the leadership of the Ethiopian Teachers Association (ETA) that they represented Ethiopian teachers. This information illustrated the non-application of the principles set out in Convention No. 87. As a result, national legislation should first of all be reviewed and amended in order to comply with the provisions of Convention No. 87. Moreover, the Government should be urged to supply full and detailed information on the questions raised in the report of the Committee of Experts.

The Worker member of Swaziland indicated that this was a very serious case where fundamental rights were grossly violated: where the process of justice was obstructed; where the rule of law was not respected by the Government; where human life had no value; where job security had no meaning; where property rights were not respected; where there was no freedom of association; and where the operative word was adapt or die. The Government representative himself admitted guilt when he stated that the funds and property of CETU were in the custody of the competent authorities. This simply was not acceptable. When the CETU challenged the confiscation of its moveable and immoveable property, as well as the sealing of its offices before the High Court, a decision in its favour was obtained which was subsequently ignored by the Government. Consequently the speaker urged for the maximum condemnation of the Government within the authority of this Committee.

The Worker member of New Zealand wished to focus on the treatment of the Ethiopian Teachers' Association (ETA) which was an affiliate of Education International. What had emerged from the ETA experience parallelled what had happened to the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) and the former Confederation of Ethiopian Trade Unions (CETU). It confirmed a pattern of systematic interference in trade union affairs and the use of state force against any trade union leader or activist who questioned any aspect of Ethiopian government policy.

In the past year, repression against ETA leaders had intensified. For example, on 8 May 1997, the Ethiopian police killed Mr. Assefa Maru, Assistant Secretary of ETA. This occurred at 8.20 a.m. as he walked to work. He was carrying no weapons, he put up no resistance and he did not try to run away. The Government had refused to hold a public inquiry into the killing. Another example related to ETA President, Dr. Taye Woldesmiate, who had been imprisoned for over two years. Two of the most serious charges against him had been dismissed by the Federal High Court on 28 February 1997. He remained in prison, however, pending the determination of the remaining charge relating to armed uprising. Dr.Taye Woldesmiate had always maintained his complete innocence of all charges. At the most recent hearings of his case, testimony was received from two co-accused about police efforts to get them to incriminate the ETA President, including the use of torture.

Furthermore, a rival group encouraged by the Government had instituted an appeal against the court decision which found that Dr. Taye Woldesmiate and the current Executive Council of ETA were the legitimately-elected leaders of ETA and entitled to access its properties and bank accounts. This appeal was constantly being adjourned with no decision. Moreover, she had been informed that the judge who had initially ruled in ETA's favour, was dismissed shortly after doing so. As a result, other judges were trying to avoid having to deal with the case at least until ETA had been completely crushed. Two months ago ETA's bank account was handed over to the rival group. Other acts of harassment of ETA members included the use of an evaluation system of teachers by non-professionals, and in particular, by members of the governing party who assessed teachers' work in the classroom. Refusal to talk with ETA, let alone consult or have negotiations on the issue demonstrated the extent of political interference throughout the education system. Despite all these difficulties, ETA still commanded considerable support from teachers throughout Ethiopia. In February 1998, a very successful executive council meeting and workshop were held with elected representatives from all but two of Ethiopia's provinces. The speaker emphasized that ETA did not, as claimed by the Government, support any terrorist organization. It simply wanted to be able to survive and organize its members and bargain with the appropriate authorities at the provincial and federal levels.

In conclusion, the speaker requested that the Committee urge the Government to first of all condemn the police killing of Mr. Assefa Maru and set up an independent and public inquiry into his death. Moreover, the Government should be urged to recognize the elected leadership of ETA; reinstate all dismissed ETA members with pay; give ETA access to its own bank account and return the funds that were handed over to the rival group; and cease harassment of ETA, its leaders and members. Finally, the Committee should urge the Government to reopen dialogue with ETA as offered by the Prime Minister and offer the services of the ILO to provide technical support on the implementation of Convention No. 87.

A Worker member of Germany agreed with the interventions already made on this case. Referring to the general discussion on the report of the Joint ILO/UNESCO Committee of Experts on the Application of the Recommendations concerning the Status of Teachers, he stated that one case in question, namely Case No. 1888 of the Committee on Freedom of Association, had also been presented in the ILO/UNESCO joint report. Quoting the main findings of the ILO/UNESCO Committee on this case, he asked the Government representative how an education system could develop, if its representatives, namely the teachers, had been dismissed, persecuted, abducted and murdered.

The Worker member of the Netherlands indicated that he had been in Ethiopia from 18-22 May, 1998 to participate in a large international conference responsible for establishing an Ethiopian Human Rights Commission and an Ombudsman which the Government was obliged to set up under the new Ethiopian Constitution. After making a general statement on violations of trade union rights in Ethiopia to this Conference, the speaker had drawn its attention to the conclusions and recommendations drawn up by the Committee on Freedom of Association at its meeting in November 1997 in respect of Cases Nos. 1888 and 1908 on Ethiopia. Unfortunately, the Chairman of the Conference who was the Speaker of the Ethiopian Parliament, responded by dismissing the conclusions as unsubstantiated lies even when informed subsequently that these conclusions were contained in an ILO Governing Body report and not a trade union report. The speaker was curious to know what the Government representative had to say in respect of the above incident.

The Worker member of Ethiopia pointed out that Ethiopian workers had gone through a series of ups and downs for years to fight for their rights and benefits, especially in respect of freedom of association and the right to bargain collectively. Nevertheless, the Government had not been willing to pay attention to these pertinent issues till the collapse of the military regime and the establishment of the new Government in 1991. New labour laws were promulgated thereafter and the new Labour Proclamation of 1993 enabled workers to organize their unions freely and independently. Unfortunately, the then leadership of the Confederation of Ethiopian Trade Unions (CETU) failed almost immediately after its formation. One reason for this crisis situation was that there was misunderstanding and lack of trust between the leaders of the former CETU. The most important reason, however, was that the then leadership violated the autonomy of its affiliated industrial federations. The presidents, secretary-generals and treasurers of six of the nine industrial federations, were illegally suspended from the General Council by the President of CETU and a handful of his collaborators. Hence the main reason for the failure of the former CETU leadership resided in its dictatorial nature. Decisions on many important labour issues had been made in the absence of consultation due to the serious problems encountered in CETU's leadership and Ethiopian workers had had to go without a national centre for almost three years. However, eight of the nine industrial federations subsequently formed a coordinating committee to reorganize CETU and this committee had carried out a series of campaigns throughout the country to reach out to all members at the grass-roots level. In addition, the coordinating committee had organized a conference for all trade union representatives to examine the root cause of the union's problems and to resolve them. Further to discussions, trade union leaders and members decided to reorganize the Confederation. The coordinating committee called the Eighth General Congress in April 1997. The Congress adopted a revised Constitution and the Confederation was reorganized democratically and independently in the presence of, amongst others, representatives of the ILO, the International Confederation of Free Trade Unions (ICFTU) and the Secretary-General of the Organization of African Trade Union Unity (OATUU). This newly-established Confederation of Ethiopian Trade Unions had prepared a series of training programmes and organized workshops to make workers aware of their rights and benefits. It had also tried to organize its members so that they could negotiate collective agreements with employers. Moreover, these workshops and seminars had assisted members of the newly-established Confederation in proposing amendments to existing labour laws. In particular, the Confederation had put forward an important proposal to amend the 1993 Labour Proclamation to extend the right to organize to teachers and public servants. Hence the Government had been requested to improve existing labour laws with the full participation of workers. The newly-established Confederation had also been fighting against the unfair dismissal of workers by certain companies. In conclusion, the newly-established Confederation of Ethiopian Trade Unions had been working and would continue to work to safeguard the interests of its members. In this regard, it would continue to cooperate with the ILO until workers' rights were fully respected and ILO Conventions applied fully in Ethiopia.

The Government representative thanked all the speakers who had intervened although only a few had presented the true state of affairs in Ethiopia. With regard to the charges pending against Dr. Woldesmiate he indicated that the outcome of the court decision in this respect would be communicated to the ILO as soon as it was handed down. With regard to the alleged incident between the police and Mr. Assefa Maru, he explained that the latter had refused to surrender and therefore had died in the ensuing exchange of fire. The circumstances of this incident had not been correctly established by previous speakers. The true picture was that the situation of human rights had improved in Ethiopia. He concluded by stating that his Government valued the respect of ILO standards and welcomed any future ILO assistance to his country.

The Government representative assured the Worker member of the Netherlands that the statement alleged to have been made by a Government official concerning a report of an ILO supervisory body was certainly not the view held by the Ethiopian Government.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. It recalled that the Committee of Experts had expressed its concern about allegations pending before the Committee on Freedom of Association which concerned the forced removal of elected trade union leaders and the direct nomination by administrative authorities of members of the executive committees of these trade unions, as well as the cancellation of registration of a trade union confederation. It further deplored from the discussion that the Government had not yet re-recognized a teachers' association leadership despite a court decision to do so, and recalled the Committee of Experts' request for information on the manner in which teachers' associations could promote their occupational interests given their exclusion from the scope of the labour proclamation. The Conference Committee expressed the firm hope that the Government would reopen the dialogue with the Ethiopian Teachers' Association. Furthermore, the Committee observed with deep concern that the reports of the Committee on Freedom of Association also related to detentions of trade union leaders without trial. The Committee strongly urged the Government to take without delay all the necessary steps to ensure that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities in accordance with the requirements of Article 3 of the Convention. The Committee urged the Government to supply a detailed report for the next session of the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention both in law and practice.