Informe provisional - Informe núm. 310, Junio 1998

1. 368. The Committee previously examined the substance of this case at its November 1997 meeting, when it presented an interim report to the Governing Body (308th Report, paras. 327-347).
2. 369. The Government has forwarded its further observations in a communication dated 23 February 1998.
3. 370. 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. 371. In November 1997, the Committee addressed very serious allegations of violations of freedom of association involving governmental interference in the administration and functioning of the Ethiopian Teachers' Association (ETA), and the killing, arrest, detention, harassment, dismissal and transfer of members and leaders of ETA.
2. 372. The Committee had observed that these allegations indicated a pattern of repressive governmental action against ETA. The Committee commented on the sparsity of the Government's reply, noting in particular, with deep regret, that the Government had not made any specific comments on a number of the grave allegations raised by the complainants.
3. 373. At its November 1997 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. B. The Government's further reply
12. 374. Concerning the charges against Dr. Taye Woldesmiate, the Government states that Dr. Woldesmiate and five other persons have been accused of the crime of establishing a terrorist organization known as "the National Patriotic Front of Ethiopia", the main goal of which is to overthrow the legitimate Government by force. Dr. Woldesmiate is alleged to be the chairperson of this organization. The main objectives of the organization are alleged to be the following:
13. -- destroying key economic institutions by undertaking an armed rebellion and terrorist activities in order to accumulate capital;
14. -- collecting funds by terrorizing and harassing business organizations and individuals;
15. -- destabilizing the police, security and democratic process of the country by killing government officials and those whom they consider to be supporters of the Government;
16. -- performing terrorist activities on foreign nationals and organizations to worsen the image of the Government and thereby win recognition.
17. 375. The Government claims, therefore, that Dr. Woldesmiate's arrest and the laying of criminal charges were not related to his membership and activities in ETA. The Government contests the complainants' statement that the two most serious charges against Dr. Woldesmiate had been dismissed by the Court, stating that the cases are still pending before the Central High Court.
18. 376. With respect to the status of ETA, the Government states that freedom of association is protected under the country's Constitution; however, associations established for anti-social underground political commitment and those performing illegal activities, are not protected. The Government submits that this right of association has been abused by Dr. Woldesmiate and other former members of ETA. Since ETA leaders have a hidden political agenda and take an antagonistic approach, the Government submits that it was necessary to take legal action against them. Regarding the freezing of ETA's assets, the Government states that it is its belief that the case will be decided by an independent court, and notes that administrative interference in judicial proceedings is forbidden under law.
19. 377. Regarding the allegation that ETA members have been harassed and imprisoned, the Government states that, as far as an association is a legal entity, this kind of mistreatment has never happened. While membership of an association is supported and encouraged in Ethiopia, what is at issue in this case, in the view of the Government, is illegal acts being performed under the cover of an association. The case of Mr. Ato Abate Angore is noted in particular in this respect.
20. 378. Concerning the list of members of ETA alleged to have been detained for their active participation in ETA, the Government states briefly that the allegation is "baseless on any other political grounds unless attached with the rule of law".
21. 379. The Government further states that, with respect to the alleged dismissals of ETA leaders and members, the guarantee of protection from discrimination is premised on being a member or leader of a legally established organization/ association. Noting in particular the allegation of the dismissal of ETA leaders from their posts, the Government states that all leaders of ETA were initially drawn and elected from the teaching profession on a staggered basis. Upon the election of new executive members or in the case of default of performance, they were required to return to and resume their former posts. However, former leaders of ETA did not recognize the changes brought about by the teachers themselves who conducted re-elections, and when they were replaced by others, the former ETA members, who were required to return to their former posts if they wanted to remain employed, chose not to return to their jobs.

C. The Committee's conclusions

1. 380. The Committee recalls that this case addresses grave allegations of freedom of association, in particular, the Government's refusal to continue to recognize ETA, the freezing of its assets and the killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials.
2. 381. In the light of the extremely serious nature of these allegations, the Committee must deeply deplore the fact that the Government has provided the Committee with only a general and partial response, refusing or neglecting to reply in detail to the specific questions posed by the Committee in its earlier recommendations.
3. 382. Regarding the allegation of governmental interference in the administration and functioning of ETA, the Government's general argument appears to be that since the leaders of ETA have been charged with committing terrorist activities, any guarantees of freedom of association are to be denied to ETA and its members. The Committee recalls firstly that cancellation of a trade union's registration should only be possible through judicial channels (Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, para. 670). Furthermore, were it the case that some of the leaders or members of ETA were found to have been involved in illegal activities, the organization per se should still be entitled to continue its activities; workers should not be deprived of their trade union because of a judgement against some leaders or members (see Digest, op. cit., para. 667). In its arguments to justify the measures taken, the Government relies on alleged actions of individuals within the organization, rather than on the activities of ETA as a whole. Given that no leaders or members of ETA have been found guilty of involvement in terrorist activities, since while charges have been laid, no conviction has yet ensued, an even stronger basis exists for finding the deregistration of ETA to be a violation of freedom of association principles. In addition, not only has the cancellation of ETA's registration not been achieved through judicial channels, the Court of Ethiopia has upheld ETA's claim, and it appears that the Government is not willing to give effect to that decision, pending the outcome of the appeal. The Committee deeply regrets that the Government has not provided any information on the decision of the Court and its intention to comply with it, as previously requested. The Committee strongly urges the Government to comply with the decision of the Court, and unfreeze the organization's assets, and requests to be kept informed of action in this regard. The Committee further requests the Government to keep it informed of the status of the appeal and to forward to it a copy of the decision once it has been rendered.
4. 383. Regarding Dr. Woldesmiate's arrest and detention, in the light of the extreme seriousness of the allegation, the Committee must note with deep regret that the Government in its further reply did not provide the specific information requested by the Committee, namely the dates of the arrests, the date on which charges were laid, and the facts upon which the charges were based; the Committee must again request the Government to provided this information. The Government has limited its reply to the nature of the charges laid. The Committee recalls in this regard that, whether the matter is one that relates to criminal law or to the exercise of trade union rights, is not a question that can be determined unilaterally by the government concerned. This is a question to be determined by the Committee after examining all the available information (see Digest, op. cit., paras. 111, 114).
5. 384. The Committee must also deplore the fact that Dr. Woldesmiate has been detained since May 1996, and recalls that every government should ensure the observance of human rights and especially the right of all detained or accused persons to receive a fair trial at the earliest possible moment (see Digest, op. cit., para. 96). The Committee strongly urges the Government to ensure that he is either released, or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for his defence.
6. 385. Concerning the allegations involving the detention and harassment of ETA members and leaders, the Committee again considers that the Government's reply is unsatisfactory, being extremely general in nature. The Government in its response to these allegations does not deny that such acts have taken place, and presents as a justification its claim that ETA is not a legitimate organization. The Committee notes, however, that the Court of Ethiopia has acknowledged that ETA is a legitimate organization.
7. 386. The Committee recalls that the arrest and detention of trade union members and leaders, 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 judicial authority (see Digest, op. cit., paras. 84, 93-95). The Committee further recalls that the rights of workers' organizations can only be exercised in a climate that is 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). The Committee strongly urges the Government to ensure that any ETA members who are still being detained are released or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for their defence. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
8. 387. The Committee recalls that the unilateral introduction of an evaluation system for teachers was alleged to have been a means of government harassment of ETA, giving rise to serious conflict. The Committee reiterates its request that the Government consult with ETA on this matter to ensure that it is not used as a pretext for anti-union discrimination.
9. 388. With respect to the allegation that all the ETA leaders and a number of members were dismissed, the Committee notes that the Government in its response appears to be claiming that such dismissals were justified since protection against anti-union discrimination is available only to those who are members or leaders of a legally established organization. The Government, therefore, appears not to deny that the members of ETA purported to be dismissed, had in fact been dismissed for membership in ETA or related activities. Regarding in particular the leaders of ETA, all of whom were alleged to have been dismissed, the Government denies that they were dismissed, claiming rather that they were required to return to their posts once the new leadership of ETA had been elected, and they chose not to return.
10. 389. Dealing first generally with the dismissal of the officials and members of ETA, the Committee recalls that the dismissal of workers on the ground of membership in a trade union or due to trade union activities, clearly violates the principles of freedom of association (see Digest, op. cit., paras 690, 702). Secondly, regarding the specific allegation that all the leaders of ETA were dismissed, it is agreed by the parties to this complaint that the leaders are not working in their former jobs. The Committee notes that the Government's justification for this situation, as with the dismissal of the members, relates to the illegitimacy of ETA as an organization and of its leadership. In the case at hand, it must again be recalled that the Court of Ethiopia has acknowledged that ETA is a legitimate organization. The Committee must, therefore, strongly urge the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits.
11. 390. The Committee deplores that the Government has not replied to the allegation that Mr. Assefa Maru, ETA Assistant Secretary for development and cooperation and Executive Council member, was killed by police as he walked to work, unarmed and making no attempt to flee. Given the extremely serious nature of this allegation, the Committee must again strongly urge the Government to ensure that an independent judicial inquiry is carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
12. 391. Finally, the Committee must express its grave concern due to the extreme seriousness of this case. The Committee strongly urges the Government to cooperate in furnishing the Committee with a detailed response to all the questions posed by the Committee.