Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 330, Marzo 2003

1. 643. The Committee previously examined the substance of this case at its November 1997, June 1998, June 1999, May-June 2000, November 2000, June 2001 and March 2002 meetings, presenting an interim report to the Governing Body in all these instances [see 308th Report, paras. 327-347; 310th Report, paras. 368-392; 316th Report, paras. 465-504; 321st Report, paras. 220-236; 323rd Report, paras. 176-200; 325th Report, paras. 368-401; and 327th Report, paras. 563-588].
2. 644. The Government provided further information in communications dated 29 May and 3 October 2002. Education International provided additional information in a communication dated 22 October 2002.
3. 645. 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. Previous examination of the case

1. 646. This case, which dates back to June 1996, concerns very serious allegations of violations of freedom of association: the Government’s interference in the functioning and administration of the Ethiopian Teachers’ Association (ETA), its refusal to continue to recognize it, the freezing of its assets and the killing (including that of Mr. Assefa Maru, one of the ETA leaders), arrest, detention (notably the trial, sentencing and detention of Dr. Taye Woldesmiate, Chairman of the ETA), harassment, dismissal and transfer of ETA members and officials. The Committee expressed on several occasions its grave concern with respect to the extreme seriousness of the case and urged the Government to cooperate by providing a detailed response to all the questions posed by the Committee.
2. 647. At its March 2002 session, in the light of the Committee’s interim conclusions, the Governing Body, whose attention had been drawn to the case at its June 2001 session in view of the seriousness of the pending issues [325th Report, para. 9], approved the following recommendations [327th Report, para. 588]:
   • (a) The Committee requests the Government to ensure that Dr. Taye Woldesmiate be afforded all guarantees of due process, and to transmit the decision of the Supreme Court as soon as it is issued; noting that the matter was due to be heard on 23 October 2001, the Committee further requests the Government to keep it informed of developments in this respect, in particular as regards any measure taken to release Dr. Taye Woldesmiate and his co-accused.
   • (b) Noting with regret that, despite repeated requests to that effect, the Government has not provided any information on the killing of Mr. Assefa Maru, the Committee requests it once again to hold an independent inquiry into this matter and to keep it informed of developments.
   • (c) The Committee requests the Government to amend its legislation so that teachers, like other workers, have the right to form organizations of their own choosing and to negotiate collectively, and to keep it informed of developments in this respect, including the various steps currently pending before the legislative and executive bodies as regards trade union pluralism and the labour rights of civil servants.
   • (d) The Committee, once again, requests both the Government and the complainants to provide updated information on ETA leaders and members still aggrieved by the Government’s actions as regards detention, harassment, transfers and dismissals due to trade union membership or activities.
   • (e) The Committee, once again, suggests that the Government avail itself of the technical assistance of the Office on the matters raised in the present case.

B. The complainants’ new information

1. 648. In its communication of 22 October 2002, Education International indicates that it sent a mission to Ethiopia in June 2002 to meet with ETA executive committee. The mission also met teachers from Addis Ababa and representatives of ETA women’s wing. According to EI, the June meeting was allowed to proceed but was observed by the authorities. The ETA also tried to organize two meetings of the Addis Ababa branch on 3 and 28 September 2002; both meetings were blocked by the police and teachers were denied access to the ETA compound.
2. 649. In February 2002, an ETA conference was held in Awassa to discuss education and trade union issues, with 600 ETA members attending. The authorities tried to stop the conference, which could eventually be held. However, upon returning home, a number of ETA representatives were arrested and held for up to 15 days in prison.
3. 650. While Dr. Woldesmiate has been released from prison, the incidents which occurred in 2002 show that the authorities still interfere in trade union activities. Also, the other issues have not been resolved: there has been no independent inquiry into the murder of Mr. Assefa Maru and the union dues deducted from the salaries are being paid to the ETA formed with the assistance of the authorities, in opposition to the original ETA led by Dr. Woldesmiate.

C. The Government’s new observations

1. 651. In its communication of 29 May 2002, the Government points out that the delay in the appeal process concerning the trial of Dr. Taye Woldesmiate was due to the appellant’s failure to lodge his appeal within the period prescribed by law. The Federal Supreme Court, the highest court in the land, has issued its decision on 10 May 2002; it ruled that the lower court had found Dr. Taye Woldesmiate and one of the co-defendants guilty on counts different from the initial charges, and reduced their sentence to five-years’ imprisonment; since they have already served the time since their arrest, they have been released as from the date of the Supreme Court decision. The other co-defendants have been acquitted under article 195(2)(b)(1) of the Code of Criminal Procedure. According to the Government, that decision confirms its contention that the case had nothing to do with the defendant’s trade union activities.
2. 652. In its communication of 3 October 2002, the Government provides a copy of the Supreme Court’s judgement. The Government also indicates that the amendment process of the labour law is a complex one which requires time. The law is currently under examination by the social partners. The Government is firmly convinced that the drafting process will be concluded soon; the outcome will be as comprehensive as possible, considering the interests of all concerned parties.
3. 653. As regards the alleged detentions, harassment, transfers and dismissals of trade unionists, the Government reiterates that freedom of thought, opinion, expression and association is a constitutional right in the country. Further, the complainants have not provided information on the trade unionists in question, as requested by the Committee in previous reports.
4. 654. The Government states it has clearly established the circumstances of the death of Mr. Assefa Maru. In the absence of new facts no further inquiry is warranted into his death, which has nothing to do with his earlier position in ETA leadership.
5. 655. With regard to the technical assistance suggested by the Committee, the Government indicates that the Ministry of Labour is closely working with the ILO Office in Addis Ababa on various projects, including a workshop and meetings where the present case and the labour law amendment were discussed. The Ministry and the ILO Area Office are working to develop a programme of assistance.

D. The Committee’s conclusions

1. 656. The Committee notes that Dr. Taye Woldesmiate and one of his co-defendants have been released from prison, and notes that the other defendants have been acquitted. Regretting that Dr. Taye Woldesmiate was sentenced for his legitimate trade union activities and had to serve five years in prison, the Committee hopes that the Government will refrain from such measures in the future.
2. 657. The Committee notes with regret that the Government does not intend to hold an independent inquiry into the killing of Mr. Assefa Maru. It recalls that a climate of violence such as that surrounding the murder or disappearance of trade union leaders constitutes a serious obstacle to the exercise of trade union rights [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 49] and that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity and which is extremely damaging to the exercise of trade union rights [Digest, ibid., para. 55].
3. 658. The Committee notes from the complainants’ communication of 22 October 2002, that two ETA meetings were blocked in September 2002 as teachers were denied access to the ETA compound, and that a number of representatives, upon returning from an ETA conference in February 2002 were arrested and held for up to 15 days in prison. The Committee recalls that freedom of association implies not only the right of workers’ and employers’ organizations to form freely organizations of their own choosing but also the right of organizations to pursue lawful activities for the defence of their occupational interests [Digest, op. cit., para. 447] and that the arrest, even if only briefly, of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association [Digest, op. cit., para. 70]. The Committee requests the Government to provide its observations on the events of September and February 2002.
4. 659. In previous recommendations, the Committee had recalled that teachers, like other workers, should have the right to form organizations of their own choosing and to negotiate collectively, and requested the Government to amend its legislation accordingly and to keep it informed of developments. The Committee noted in this respect, in its last examination of the case [327th Report, para. 585], that the Government had undertaken a study on the need to amend the labour legislation, which had been discussed in the Tripartite Labour Advisory Board, that amendments relating to trade union pluralism and other subjects were before the Council of Ministers, and that the Law on Civil Service Reform, including the labour rights of civil servants, was before the House of People’s Representatives. Noting the Government’s conviction, in its communication of 3 October 2002, that the drafting process of the labour law amendment would be “finalized soon”, the Committee recalls its suggestion that the Government avails itself of the technical assistance of the Office with a view to ensuring the compatibility of new provisions with freedom of association principles. Recalling further its general comments in this respect [327th Report, para. 587] the Committee requests the Government to keep it informed on developments on these issues, in particular as to the current status of the reform of the Law on Civil Service.
5. 660. In previous recommendations, the Committee had requested the complainants to provide updated information on ETA leaders and members still aggrieved by the Government’s actions as regards charges, detention or harassment due to trade union membership or activities, transfers and dismissals. The Committee has not been provided with this information in spite of several requests, which it reiterates here.
6. 661. The Committee notes with regret that, despite repeated requests, the Government has not provided any new information on the killing of Mr. Assefa Maru. The Committee requests the Government once again to hold an independent inquiry into this matter and to keep it informed of developments.