Rapport intérimaire - Rapport No. 155, Mars 1976

Cas no 815 (Ethiopie) - Date de la plainte: 26-MAI -75 - Clos

1. 4. The complaint of the International Confederation of Free Trade Unions was contained in a telegram received by the Director-General on 26 May 1975. In further communications, dated 8 and 31 October 1975, the ICFTU presented further allegations relating to the complaint.
2. 5. The original complaint and the further allegations were transmitted to the Government which, in communications received on 2 June and 3 November 1975, presented its observations on certain of the allegations which had been made.
3. 6. 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. A. The complainants' allegations

• Allegations relating to the Arrest and Detention pf Mr. Beyene Solomon and His Associates, and the Dissolution of the CELU
  7. 7 In its complaint the ICFTU expressed its deep concern at the continued detention, without trial, of Mr. Beyene Solomon, President of the Confederation of Ethiopian Labour Unions (CELU) and Deputy Workers' member of the Governing Body of the ILO, Mr. Gidey Gebre, Vice-President of the CELU, and Mr. Fisseha Tsion Tekie, General Secretary of the CELU. The ICFTU also protested against the reported dissolution of the CELU by government decree which, it stated, was in violation of trade union rights.
  8. 8 In its reply to the allegations, received on 2 June 1975, the Government pointed out that because of rivalry between two factions in the leadership of the CELU, which had threatened the unity of the workers and the maintenance of law and order, the Government had been compelled to close down the CELU headquarters temporarily. Local unions, it explained, continued to operate freely and their representatives would meet soon to elect new leaders. The national union, stated the Government, would resume operation thereafter.
  9. 9 With regard to the situation of Mr. Beyene Solomon, Mr. Gidey Gebre and Mr. Fisseha Tsion Tekie, the Government referred to an earlier telegram which the Director-General had forwarded to the Government in connection with the arrest of Mr. Solomon, and to the explanations which the Government had given in a telegram dated 14 October 1974, in a letter dated 29 April 1975 addressed to the ILO Regional Office in Addis Ababa and during discussions held in Addis Ababa on this subject between a representative of the Director-General and the Provisional Military Council. The Government added that further information on the nature of the specific charges to be brought against the three trade unionists in question and the time of the trial would be communicated as soon as the information was made public. The Government stated that it was not against organised labour, 140 unions having been registered in the past year as against 173 registered by the former regime in 10 years.
  10. 10 From the information at its disposal, the Committee observes that Mr. Beyene Solomon, Mr. Gidey Gebre and Mr. Fisseha Tsion Tekie were arrested in September 1974. In a telegram dated 11 October 1974, the Government stated that the detention of the three CELU officials was not connected with their trade union activities but with subversive acts in which they had indulged with a view to advancing the interests of former government officials. The Government also added that their detention was ordered because of their personal corruption and gross misuse and abuse of power. The unions, the Government had stated, had been advised to elect new officials.
  11. 11 With regard to the discussions held in Addis Ababa in January 1975, to which the Government refers in its reply, the representative of the Director-General declared before the Governing Body at its session in March 1975 that he had drawn the attention of the Ethiopian Government to the concern felt by the Governing Body and the Director-General at the lack of information on the grounds for the detention of Mr. Solomon and the other trade union leaders and the need to ensure full respect for freedom of association. He had expressed the hope that they would appear before the competent court as soon as possible and that they would be given a fair trial. In reply, the Chairman of the Military Council had given an assurance that the detainees would receive fair trial.
  12. 12 In a letter dated 29 April 1975 the Provisional Military Government, in reply to an intervention by the Director-General concerning the arrest of Mr. Solomon and his associates, had stated that freedom of association and the right to organise were encouraged by it in accordance with ILO principles. The detention of Mr. Solomon, the Government added, was in no way an attack against the trade union movement in Ethiopia; the legitimate measures taken by a State against its citizens should not be confused with the country's international obligations and the nature of the charges against Mr. Solomon, as well as the date of his trial, would be made known to the ILO as soon as this information was made public.
  13. 13 At its May 1975 Session, the Governing Body was informed by the Director-General of the contents of the above communication. In addition, the Director-General informed the Governing Body that, on 20 May 1975, he had received information from the Provisional Military Government that it had decided to close down temporarily, as from 19 May 1975, the headquarters of the Confederation of Ethiopian Trade Unions. The Government had indicated that this decision did not affect the functioning of various local trade unions and that the Government would issue, as soon as possible, the necessary directives so that the workers could elect their true leaders in line with the aims and objectives of Ethiopian Socialism. The statement of the Government disclosed that leaders and representatives of various local unions would be asked to make arrangements for the election of new labour leaders. The Director General told the Governing Body that he had thereupon addressed a cable to the Government in which he recalled the serious concern which had been expressed by the Governing Body and requested information on the fate of Mr. Solomon, but that no reply had yet been received from the Government.
  14. 14 On 2 June 1975, the Government informed the Director-General that the CELU headquarters had been reopened and that the organisation had started functioning. According to the Government, a provisional Committee had been elected in the CELU and normal elections would take place in accordance with a new labour relations proclamation soon to be issued. Again, on 2 June 1975, the Director-General received a communication from the Government enclosing a copy of a letter of resignation which, the Government states, had been submitted to the Executive Council of the CELU by Mr. Beyene Solomon prior to his detention.
  15. 15 On 13 June 1975, the Director-General had a meeting with the Government delegate of Ethiopia attending the 60th Session of the International Labour Conference, informed him of his concern and that of the Governing Body at the continuing detention of Mr. Solomon and his associates, and expressed the hope that the issue would be favourably resolved by the Government of Ethiopia before, the next session of the Governing Body in November 1975.
  16. 16 On 8 October 1975, Mr. Bolin, Deputy Director-General, called on the Ethiopian Ambassador to the United Nations and its specialised agencies in Geneva and appealed through him to his Government on the matter. The Ambassador said Mr. Solomon and his colleagues could not be given preferential treatment until they had been cleared of any wrong-doing.
  17. 17 On 14 October 1975, the Director-General sent an urgent communication to the Chairman of the Ethiopian Military Council, expressing once again his deep concern and that of the Governing Body, and appealing to the Government of Ethiopia to provide, before 1 November 1975, a firm assurance that Mr. Solomon would be released, or submitted, along with his colleagues in the former CELU, to a fair and impartial trial at an early date, in line with the principles constantly upheld by the International Labour Organisation.
  18. 18 In a communication received on 3 November 1975, the Government gave its assurance that the cases of Mr. Beyene Solomon and his colleagues had been passed to the prosecutor of the special court martial, and that the result of the trial would be communicated as soon as the information was made public.
  19. 19 In the present case the Committee deplores the fact that, despite the fact that more than one year has elapsed since the three officials of the CELU were arrested, these persons are still in detention without any formal charges having been brought against them and without having been brought before the courts.
  20. 20 The Committee would point out, as it has done in all previous cases' in which trade union leaders have been preventively detained, that such measures may involve a serious interference with the exercise of trade union rights and that all detained persons have the right to receive a fair trial at the earliest possible moment. In addition, the Committee has always attached importance to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions.
  21. 21 The Committee has also pointed out that if, in certain cases, it has reached the conclusion that allegations relating to measures taken against trade unionists did not call for further examination, this was only after it had received information from the Government showing sufficiently precisely and with sufficient detail that the measures were in no way occasioned by trade union activities. Furthermore, the Committee has considered that, in cases involving the arrest, detention or sentencing of a trade union official, taking the view that individuals have the right to be presumed innocent until found guilty, it is incumbent upon the Government to show that the measures it has taken were in no way occasioned by the trade union activities of the individual concerned.
  22. 22 The Committee requested the Director-General to send a telegram to the Government requesting it, in the name of the Committee, to supply details of the charges brought against Beyene Solomon and his colleagues, to consent to receiving a tripartite delegation of the Governing Body before any trial of these persons, and to reply to these points before 18 November 1975, so that the Governing Body may have the information before it during its discussion of this case.
  23. 23 As regards the allegations concerning the CELU, it would appear from the information at the disposal of the Committee that this organisation has not been dissolved, although there was a temporary suspension of its activities and closure of its headquarters by the government authorities. The temporary suspension of the activities of the CELU was ordered, according to the Government, because rivalry between the two factions in the CELU leadership threatened the unity of the workers and the maintenance of law and order. In this connection, the Committee wishes to emphasise the importance which it has always attached to the generally accepted principle that employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority. Where measures of suspension are issued by the administrative authorities, there may be a danger that they will appear to be arbitrary, even though they are issued only temporarily or for a limited time. 3 The Committee would also point out that freedom of association implies the right of workers and employers to elect representatives in full freedom and to organise their administration and activities without any interference by the public authorities.
  24. 24 No information is available from which it can be established that elections have taken place for the appointment of new leaders in the CELU, although it would appear that a provisional executive was appointed pending proper elections which were to take place in accordance with a proclamation which would be published at some future date. The Committee, accordingly, in drawing the attention of the Government to the principles and considerations set forth above, requests the Government to indicate whether, and in what circumstances, elections have taken place in the CELU and also to indicate whether this organisation is carrying out its normal trade union functions in full freedom in accordance with the guarantees contained in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by which Ethiopia is bound.
• Allegations relating to the Ethiopian Airline Workers' Union
  25. 25 In its communication of 8 October 1975, the ICFTU stated that recent events in Ethiopia had resulted in the death of seven trade unionists, members of the Ethiopian Airline Workers' Union, and in the declaration of a state of emergency. Strikes were banned and further restrictions on basic rights and freedoms had been introduced. The complainants added that it had been reported that the Airline Workers' Union had been in the process of negotiating with the authorities and, in view of the latter's refusal to come to a mutually satisfactory agreement, the union had threatened strike action. According to the complainants, this was unacceptable to the authorities and led to the security forces opening fire on the airline employees on the grounds of obstruction and the dissemination of anti-government propaganda. In addition, the complainants alleged that the trade unionist Marcos Hagos and twelve members of the current Executive of the CELU had been arrested.
  26. 26 By a communication dated 5 November 1975, and received by the Committee during its session, the Government asserted that the ICFTU has grossly misrepresented the facts in its account of what took place on the premises of Ethiopian Airlines. The Government states that on 25 September 1975, security officers arrested an employee of the company as he was distributing an illegal pamphlet. According to the Government, several hundred employees tried to obstruct the officers from performing their duty, refused to disperse peacefully and in fact encircled the security officers. The officers then resorted to tear gas to disperse the crowd, which was becoming violent, in the course of which someone in the crowd fired a shot at them. The security officers then opened fire and some casualties resulted. This incident, claims the Government, had no connection with the trade union movement or with trade disputes.
  27. 27 As it has done previously in cases of this kind, the Committee would like to know whether the Government intends to carry out a detailed inquiry in order to determine the facts and establish responsibility in connection with the events referred to above. In addition, the Committee would like the Government to communicate the text of the pamphlet which was distributed.

The Committee's recommendations

1. 28. In the circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (i) to deplore the fact that although more than one year has elapsed since the three officials of the CELU were arrested, these persons are still in detention without any formal charges having been brought against them, and without having been brought before the courts;
   • (ii) to draw the attention of the Government to the principles contained in paragraphs 20 and 21 above, and in particular to the importance of a prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
   • (iii) to take note that the Committee has asked the Director-General to send a telegram to the Government, in the name of the Committee, requesting it to supply details of the charges brought against Beyene Solomon and his colleagues, to consent to receiving a tripartite delegation of the Governing Body before any trial of these persons, and to reply on these points before 18 November 1975;
   • (iv) without prejudice to the reply of the Government, to request the Government to liberate Mr. Solomon and his colleagues if no charges are brought against them, or, if charges are brought, to ensure that they are tried promptly and fairly by an independent and impartial judiciary and to communicate the date fixed for the trial;
   • (v) to draw the attention of the Government to the principles and considerations expressed in paragraph 23 above, and in particular, to the principle that employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority, and to the right of workers and employers to elect their representatives in full freedom and to organise their administration and activities without any interference by the public authorities;
   • (vi) to request the Government to indicate whether, and in what circumstances, elections have taken place in the CELU, and also to indicate whether this organisation is carrying out its normal trade union functions in full freedom without interference by the public authorities, in accordance with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by which Ethiopia is bound;
   • (vii) to request the Government to indicate whether it intends to carry out a detailed inquiry in order to determine the facts and establish responsibility in connection with the events which took place on the premises of Ethiopian Airlines and to communicate the text of the pamphlet which was distributed;
     • (viii) to request the Government to transmit at an early date its observations on the allegations made by the complainants concerning the restrictions on trade union rights under the state of emergency and the arrest of Marcos Hagos and 12 members of the Executive of the CELU; and
   • (ix) to take note of this interim report, it being understood that the Committee will submit a further report when it has received the information requested above.
     • Geneva, 13 November 1975. (Signed) Roberto AGO, Chairman.