Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the comments of the International Confederation of Free Trade Unions (ICFTU) dated 12 July 2006 on the application of the Convention as well as the Government’s reply thereto. The ICFTU’s comments concern some issues raised in the Committee’s previous observation (limitation on the right to organize of certain categories of workers – employees of state administration, judges and prosecutors – limitations on the right to strike and possible arbitrary dissolution of trade unions) and allegations that in particular, concern violations of teachers’ trade union rights (limitations on the right to organize, creation of a union controlled by the Government, closing and occupation of offices and freezing of financial assets, sentencing and detention of members). The Committee also takes note of the comments dated 31 August 2006 of Educational International (EI) on violations of teachers’ trade union rights already mentioned by the ICFTU.

Concerning the alleged limitations on the right of teachers to organize, the Committee notes the Government’s reply to the effect that teachers in the private sector have the right to form trade unions under Labour Proclamation No. 377/2003 and that teachers employed in the public sector are also guaranteed the right to form professional associations (according to the Government, there are two such associations in Ethiopia) and that the Civil Agency of the Federal Democratic Republic of Ethiopia is still conducting further study as to how public servants in general as state employees can form unions. Recalling that the only exceptions authorized by Convention No. 87 are the members of the police and armed forces, the Committee requests the Government to take all the necessary measures to guarantee that the right to organize of the abovementioned categories of workers is ensured in law and in practice.

Concerning the alleged detention of Mr Kebede, chair of the Addis Ababa’s branch of the Ethiopian Teachers’ Association (ETA), on 1 November 2005, the Committee notes the Government’s statement that his arrest has no relation whatsoever with his affiliation with the ETA as he was detained by a court order for his alleged involvement in the street violence organized by the opposition party, the Coalition For Unity and Democracy (CUD) after the May national elections in Ethiopia, and charged with two offences (outrage against the constitutional order and attack on the political and territorial integrity of the State). The Committee requests the Government to send its observations on the alleged occupation by the police of ETA’s headquarters on the same day and a copy of the judgement rendered against Mr. Kebede.

In respect to the allegation concerning the Government’s creation and control of a teachers’ trade union (according to the Government, called the Confederation of Ethiopian Trade Unions – CETU), the Committee notes the Government’s statement that this is a patently false and defamatory allegation. The Government underscores that CETU is an independent organization, which is established based on ILO Conventions, the Constitution, the labour law and other related rules and regulations, and has its own constitution and organizational modalities to perform its tasks free of government interference. In this respect, the Committee requests the Government to send its observations on the allegation that ETA’s union dues are being redirected to a controlled trade union.

Finally, the Committee notes the Government’s statement concerning the other ICFTU allegations that replies have been given to most of them and that others are out of date in the sense that files concerning them have been closed. In this respect, the Committee requests the Government to send its observations regarding the following ICFTU and EI concrete comments: (1) ETA’s offices closed, documents and electronic equipment confiscated from offices in 2005 and its financial assets frozen since 1993; (2) nine teachers from the ETA’s Addis Ababa branch arrested and two badly beaten on 25 September 2005 following a meeting to discuss preparations for World Teachers’ Day; (3) approximately 24 teachers/ETA members detained in November 2005; (4) charges including conspiracy, armed insurrection, high treason and genocide brought against ETA’s leaders carrying sentences ranging from three years to the death penalty; (5) 58 teachers and ETA members believed to be still in prison, denied release on bail and prevented from meeting their lawyers at the end of 2005. Furthermore, the Committee requests the Government to send its response to the Committee’s previous observation (see 2005 observation, 76th Session) for examination during the regular reporting cycle.