Rapport intérimaire - Rapport No. 308, Novembre 1997

Cas no 1888 (Ethiopie) - Date de la plainte: 06-JUIN -96 - Clos

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

1. 327. Education International (EI) and the Ethiopian Teachers' Association (ETA) presented a complaint against the Government of Ethiopia in a communication dated 6 June 1996, alleging violations of trade union rights. Further information was received from the complainants in communications dated 19 November 1996 and 21 August 1997. The Government forwarded information in communications dated 26 May 1997 and 29 August 1997.
2. 328. 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. The complainants' allegations

1. 329. In a communication of 6 June 1996, the EI and ETA allege that the Government has refused to recognize the duly elected leadership of ETA, has interfered in its internal organization and has prevented it from functioning normally and freely. Further, the complainants allege a number of acts of intimidation and anti-union discrimination.
2. 330. The complainants state that when the Transitional Government took power, ETA was restructured, new leaders were elected, and it was recognized by the Government. Subsequently, a breakaway group of ETA was registered and recognized by the Government as "the Ethiopian Teachers' Association". The Government had the membership fees transferred to the rival group and froze the complainant's accounts. The complainants contend that the ETA has effectively been suspended by administrative authority and that the Government has supported the establishment of an alternative to ETA with the object of placing that organization under its control. The elected leadership of ETA expressed their willingness to submit to new elections to confirm who the teachers wanted to represent them; however, the rival group would not agree. The complainants state that in December 1994 the Court of Ethiopia ruled that the leaders elected and led by Dr. Woldesmiate, President of the complainant organization, were the legitimate leaders of ETA. The rival group lodged an appeal of this decision, however the hearing has been adjourned until 22 July 1998. The complainants suggest that the judge who initially ruled in ETA's favour was dismissed, making other judges wary of dealing with the case.
3. 331. According to the complainants, the elected leaders of ETA were dismissed from their employment, as were a number of active members. The list of those purportedly dismissed is attached as Annex 1. The 134 regional offices of ETA were closed and thousands of teachers have been transferred, with more transfers having been announced. It is stated that as of 4 January 1997, 84 members of ETA were in detention for their active participation in ETA. The list of those purportedly detained is attached as Annex 2.
4. 332. The complainants allege that on 28 May 1995, Dr. Taye Woldesmiate, President of ETA, was arrested without any formal charges being laid. The complainants suggest that the arrest was related to the fact that Dr. Woldesmiate had been invited to the United States to attend the General Assembly of the National Education Association. Dr. Woldesmiate's visa for the United States had been revoked. In early June 1995, Dr. Woldesmiate was released. He was detained again on 29 May 1996, again with no formal charges having been laid at that time. In its communication of 19 November 1996, EI states that Dr. Woldesmiate remains in custody, having been charged with conspiracy against high level personnel. EI states that these charges are part of an attempt by the authorities to break the ETA. EI also expresses concern regarding the conditions of Dr. Woldesmiate's imprisonment. According to EI, he was kept in solitary confinement unable to receive visitors until August 1996, at which time he was given restricted visiting privileges of half an hour, two days a week. He had been handcuffed 24 hours a day, however, due to international protest, he is no longer shackled. In their most recent communication, the complainants note that on 28 February 1997 the two most serious charges against Dr. Woldesmiate were dismissed by the Federal High Court. However, he remains in prison pending the determination of the remaining charge of incitement to armed uprising.
5. 333. It is further alleged that police and security forces forcibly entered ETA's head office on 19 March 1996, harassing those in the office and assaulting and arresting Mr. Ato Abate Angore, an ETA Executive Board Member. The police and security forces broke into the offices of the ETA President and General-Secretary and seized some personal and ETA documents. No reason was given or authorization shown for the search and seizure. Mr. Ato Abate Angore was released on 24 April 1996. During the same period, the complainants state that the police broke into Dr. Woldesmiate's residence and seized personal property. Two police officers remained in the house, prohibiting his family from contacting relatives or others. On 22 March 1996, the police also searched Mr. Woldesmiate's father's home.
6. 334. In their communication of 21 August 1997, EI and ETA cite further developments since the complaint was initially lodged. It is alleged that at 8.20 a.m. on 8 May 1997, Mr. Assefa Maru, ETA Assistant Secretary for development cooperation and Executive Council member, was killed by police as he walked to work, unarmed and making no attempt to resist or flee. The Government has refused to hold a public inquiry into the killing. According to the complainants, immediately following the killing ETA's offices were raided, 34 of the people found on the premises were detained and virtually all documents were seized. Further, a programme on a government-owned television station showed the names of ETA Executive Council members taken from a report of an Executive Council meeting, as if they were part of another document purportedly from an illegal terrorist organization. As a result of this broadcast, the ETA General Secretary, Mr. Gemoraw Kassa, fearing for his life, was forced to seek asylum in the United Kingdom.
7. 335. The complaints further contend that recent harassment of ETA members includes the introduction of an evaluation system which provides for the assessment of teachers by non-professional, governing party members. One teacher in Eastern Shoa is alleged to have been killed as a result of the conflict arising from this evaluation system. The Government has also refused to negotiate or consult with ETA on this issue.
8. 336. The EI sent a mission to Ethiopia from 18 to 24 May 1997. While refusing to meet officially with the members of the mission, Prime Minister Meles agreed to meet with one member of the delegation as a private individual. The Prime Minister stated that he was prepared to reopen discussions with ETA, providing they agree to renounce violence, uphold the Constitution and reject any association with terrorist organizations. The complainants state that ETA is willing to make such an agreement, since it reflects its own commitment to peaceful and democratic ways of working. The complainants further underline that they will do everything possible to ensure that dialogue does resume between the Government and ETA, while noting that the difficulties will be considerable, due to the prevailing culture of an absence of negotiation and compromise.

B. The Government's reply

1. 337. The Government states that Dr. Woldesmiate and others are accused of having undertaken an armed rebellion and of terrorist activities against the Government, contrary to the Penal Code of Ethiopia, and not for their membership in ETA or other trade union activities. The Government asserts that the Police Force Central Bureau discovered that a terrorist organization, led by Dr. Woldesmiate, had been established, which was "involved in jeopardizing the peace and the security of the land, performing armed robbery on government and business organizations, performing terrorist activities on foreign nationals and inflicting damage on government officials and on those whom they consider supporters of the Government". It notes that the criminal cases are pending before the Central High Court.
2. 338. Regarding the conditions of detention of Dr. Woldesmiate, the Government states that he is not singled out in solitary confinement, he is well treated like other prisoners and is permitted to receive visits from relatives and colleagues for one hour, twice a week.

C. The Committee's conclusions

1. 339. The Committee notes that the allegations in this case concern very grave violations of freedom of association which can be divided into two categories. First, government interference in the administration and functioning of ETA; secondly, killing, detention and discrimination of members and leaders of ETA.
2. 340. EI and ETA allege that the Government refused to continue recognizing ETA, choosing instead to recognize a rival group and to register it under the same name. The complainants further allege that the Government has frozen ETA's accounts, transferred the membership fees earmarked for ETA to the rival group and closed down ETA's regional offices. The Committee notes with regret that the Government has not replied to these allegations and requests it to do so urgently. According to the complainants, the Court of Ethiopia upheld ETA's claim, though it appears that the Government was not willing to give effect to the decision pending the outcome of the appeal, which is now scheduled for 22 July 1998. The Committee further urges the Government to assist in having the appeal procedure expedited, and in the meantime to recognize ETA according to the Court's judgement. It also requests the Government to keep the Committee apprised of the status of the appeal and to forward to it a copy of the decision once it has been rendered. Regarding the introduction of an evaluation system for teachers, the Committee urges the Government to consult with ETA on this matter to ensure that it is not used as a pretext for acts of anti-union discrimination, and in this regard the Committee expresses its hope that the preliminary discussions commenced during EI's mission will give rise to a true dialogue between the parties.
3. 341. In the light of the allegations set out in the previous paragraph, the Committee reminds the Government of the importance of the right to inviolability of trade union premises and the right to protection of trade union funds against intervention by the public authorities (see resolution on trade union rights and their relation to civil liberties, International Labour Conference, 1970; see also Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 174 et seq.). The Committee also recalls that the freezing of union bank accounts may constitute a serious interference by the authorities in trade union activities (see Digest, op. cit., para. 439).
4. 342. The further allegations involve various action taken against ETA members and officials, including killing, arrest, detention, harassment, dismissal and transfer. These allegations are closely linked to those stated above in that together they indicate a pattern of repressive government action against ETA. The Committee recalls that the rights of workers' organizations can only be exercised in a climate free from violence, pressure or threats of any kind against the leaders or members of these organizations, and it is for the Government to ensure that this principle is respected (see Digest, op. cit., para. 47).
5. 343. The Committee notes that the Government has limited its replies to a few statements regarding Dr. Woldesmiate's arrest and detention. The Committee notes with deep regret that the Government has not made any specific comments on any of the other allegations raised by the complainants. Given the serious nature of the complaints, the Committee urges the Government to provide information urgently regarding those listed in Annex 1 who were allegedly dismissed, those listed in Annex 2 who were allegedly detained, as well as information on the assault and arrest of Mr. Ato Abate Angore and the alleged harassment of Dr. Woldesmiate and his family. Further information regarding the arrests and detention of Dr. Woldesmiate is also requested, in particular the dates of the arrests, the date on which charges were laid and the facts on which the arrests and charges were based.
6. 344. In view of the seriousness of the allegations regarding the arrest and detention of trade union leaders and members, the Committee would like to stress that such arrest and detention, even for reasons of internal security, may constitute serious interference with trade union rights unless attended by appropriate judicial safeguards, including being informed at the time of the arrest of the reasons for the arrest, promptly notified of any charges, and brought without delay before the appropriate judge (see Digest, op. cit., paras. 84, 93-95). It further recalls that the arrest of trade unionists may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities (see Digest, op. cit., para. 76). In view of the length of time that Dr. Woldesmiate has been detained, the Committee urges the Government to ensure he is brought to trial without any further delay or is released.
7. 345. On the issue of the dismissal of trade union leaders and members, the Committee recalls that no person is to be prejudiced in his or her employment due to trade union membership or legitimate trade union activities (see Digest, op. cit., para. 690). Given that all the leaders of ETA were dismissed, the Committee can only conclude that they have been punished for their trade union activities and have been discriminated against. The Committee, therefore, urges the Government to take the necessary measures to ensure the reinstatement of those workers in their jobs, if they so desire, with compensation for lost wages and benefits.
8. 346. Regarding the death of Mr. Assefa Maru, ETA Assistant Secretary for development cooperation and Executive Council member, the Committee strongly urges the Government to ensure that an independent judicial inquiry is 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 of the outcome of the inquiry.

The Committee's recommendations

1. 347. In the light of its interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee recalls that the right of workers' organizations can only be exercised in a climate free from violence, pressure or threats of any kind against the leaders or members of these organizations, and it is for the Government to ensure that this principle is respected.
   • (b) The Committee urges the Government to provide information urgently regarding (i) the allegations of interference in the administration and functioning of the ETA; (ii) the decision of the Court of Ethiopia regarding the leadership of ETA and its intention to comply with that decision; (iii) those allegedly dismissed, listed in Annex 1; (iv) those allegedly detained, listed in Annex 2; (v) the alleged assault and arrest of Mr. Ato Abate Angore; (vi) the arrests and detention of Dr. Woldesmiate, including the dates of the arrests, the date on which charges were laid and the facts on which the arrests and charges were based.
   • (c) In view of the length of time that Dr. Woldesmiate has been detained, the Committee urges the Government to ensure he is brought to trial without any further delay or is released.
   • (d) The Committee urges the Government to assist in having the appeal procedure expedited and in the meantime to recognize ETA in line with the Court's decision, and to keep the Committee apprised of the status of the appeal and to forward to it a copy of the decision once it has been rendered.
   • (e) The Committee also urges the Government to consult with ETA regarding the introduction of an evaluation system on teachers to ensure that it is not used as a pretext for acts of anti-union discrimination, and expresses its hope that a true dialogue between the parties will soon be established.
   • (f) The Committee urges the Government to take the necessary measures to ensure the reinstatement of the leaders of ETA in their jobs, if they so desire, with compensation for lost wages and benefits.
   • (g) The Committee strongly urges the Government to ensure that an independent judicial inquiry into the death of Mr. Assefa Maru is carried out immediately to determine the facts, establish responsibility and appropriately punish the perpetrators if any wrongdoing is found, and requests the Government to keep it informed of the outcome of the inquiry.

Z. Annex 1

• Members of ETA purportedly dismissed
• Mulugheta W/Quirqos
• Ketema Belachew
• Mesfin Mengistu
• Ayke Asfaw
• Yohanns Tola
• Alemayehu Melake
• Abeta Anghure
• Sira Bizu
• Eyassu Albezo
• Eshato Denege
• Tesegaye Hunde
• Taye W/Semayat
• Ghemoraw Kasa
• Shimellis Zewde
• Adinew Ghetanhun
• Aweqe Mulugheta
• Aseffa Maru
• Abate Anghure
• Ghebeyaw Niguse
• Ghetachew Feysia
• Asrat Woldeyes
• Taye Mekuria
• Alemayehu Tefera
• Alemayehu Haile
• Worku Tefera
• Mekonnen Bishaw
• Befekadu Degifie
• Ayele Terfie
• Alemayehu Haile
• Tsehay B. Sellassie
• Assefaw Desta
• Messay Kebede
• Taddese Beyene
• Seifu Metaferia
• Tesfaye Shewaye
• Negatu Tesfaye
• Hailu Araya
• Admassu Wassie
• Sebhat M/Hazen
• Mekonnen Dilgassa
• Solomon Terfa
• Tamiru Hawando
• Fesseha Zewdie
• Dawit Zewdie
• Ayele Tarekegn
• Fekade Shewakena
• Aklilu Taddese
• Aynalem Ashebir
• Berhanu Bankashie
• Lealem Berhanu
• Huluanten Abate
• Mekuria Asffa
• Feleke Desta
• Solomon Wondwossen
• Shiferaw Agonafir
• Zerihun Teshome
• Mendaralew Zewdie
• Meskerem Abebe
• ETA Executive Committee Members and regional officers, purportedly dismissed
• Dr. Taye Woldesmiate - President of ETA since April, 1993
• Mr. Abate Angorie, Members Affairs Officer since January 1993, Addis Ababa,
• March 1993
• Mr. Gemoraw Kassa, Secretary General of ETA, since July 1993, Addis Ababa
• Mr. Shimelis Zawdie, Assistant Secretary General of ETA, since July 1993,
• Addis Ababa
• Mr. Adinew Getahun, Administrative and Finance Officer, since July 1993, Addis
• Ababa
• Mr. Awoke Mulugeta, Humanitarian Services and Supplies Officer, since July
  1993. 1993, Addis Ababa
• Mr. Asefa Maru, Cooperative Services Officer, since July 1993, Addis Ababa
• Mr. Mulatu Mekonnen, Art and Research Department Officer, since July 1993,
• Addis Ababa (recently reinstated)
• Mr. Muhammed Umer, South Wollo, February 1994
• Mr. Fekadu Negash, South Gonder, June 1994
• Mr. Alula Abegaz, North Wollo, September 1994
• Annex 2
• Members of ETA alleged to have been repeatedly detained for their active
• participation in ETA
• Ato Gennene H/Silasie Ato Getaneh Abebe
• Ato Moges Taddese Ato Merkebu Taddesie
• Ato Ashenafi Legebo Ato Mudisu Yasin
• Ato Mohammed Ussien Ato Bekele Abay
• Ato Yibellae Ato Hailu Derso
• Ato Endalkachew Molla Ato Ketema Belachew
• Ato Mohamed Umer Ato Mesfin Mengistu
• Ato Mekonnen Dawud Ato Alemayehu Melake
• Ato Wogayehu Tessema Ato Yohannes Tolla
• Ato Wollee Ahmed Ato Aykie Asfaw
• Ato Yimam Ahmed Ato Alemu W/Silasie
• Ato Sollomon H/Silsie Ato Fikru Melka
• Ato Sisay Mitiku Ato Workneh Dinssa
• Ato Limenih Nienie Ato Assefa Geleta
• Ato Nikodmos Aramdie Ato Kebede Aga
• Ato Ambachew W/Tsadik Ato Wubie Zewdie
• Ato Demeke Seifu Ato Asfaw Tessema
• Ato Wondimu Bekele Ato Abate Angorie
• Ato Sollomon Tesfaye Ato Eshetu Deneke
• Ato Zewdu Teshome Ato Bekele Mengistu
• Ato Girma Tolossa Ato Kinfie Abate
• Ato Gemoraw Kassa Ato Tomas Egzikuret
• Ato Adinew Getahun Ato Sollmon Girma
• Ato Shimelis Zewdie Ato Fereja Feleke
• Ato Getachew Feyisa Ato Demissie Tesfaye Haile
• Ato Gebeyaw Nigusie Ato Gizachew Balcha
• Ato Assefa Maru W/t S/Wongel Belachew
• Ato Ashenafi Mengistu Ato Yigzaw Mekonnen
• Ato Getinet Asnake Ato Fekadu Negash
• Ato Befikadu Firdie Ato Tesfaye Daba
• Ato Baye Abera Ato Diana Kefeni
• Ato Desta Titto Ato Berrecha Kumssa
• Ato Woreyelew Demissie W/ro W/Yesus Mengesha
• Ato Dessie Keffele Ato Tamirat Daba
• Ato Tarekegn Terefe Ato Futa Sori
• Ato G/Hiywot Gebru Ato Legesse Lechissa
• Ato Fekade Nidda Ato Admasu W/Yesus
• Ato Mulugeta W/Kiros Ato Abbie Dessalegn
• Ato Mohamed Seid Ato Shukie Dessalegn
• Ato Wondafrash Millon W/ro Tewabech H/Michael
• Ato Melessie Taye Dr. Taye W/Semiat
• Ato Ali Mengesha Ato Alemu Desta Ketema