Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 308, Noviembre 1997

1. 348. The Committee already examined the substance of this case at its March 1997 meeting, when it presented an interim report to the Governing Body (see 306th Report, paras. 439 to 461, approved by the Governing Body at its 268th Session (March 1997)).
2. 349. The Government forwarded further observations on the case in a communication dated 29 August 1997.
3. 350. 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. Previous examination of the case

1. 351. The International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) presented allegations to the effect that members of the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF), backed by security and police personnel, forcefully occupied the offices of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP), an affiliate of FIET. FIET further contended that since 1994, the EPRDF had succeeded in turning seven of the nine federations affiliated to the Confederation of Ethiopian Trade Unions (CETU) into pro-government organizations and that it was now trying to silence the only two independent federations left, including the FCTP.
2. 352. The Confederation of Ethiopian Trade Unions (CETU) further alleged that the Treasurer of the FCTP had been physically assaulted by EPRDF members and that the elected trade union leaders of the FCTP had been forcibly removed. Finally, according to CETU, the Executive and Audit Committees of eight pro-government federations, in collusion with the Government, decided on 4 January 1997, to reorganize CETU anew and to establish a coordinating committee to administer its property and assets. CETU pointed out that it had appealed to the Labour Division of the Federal High Court over the question of the cancellation of its registration by the Ministry of Labour and that the case was still pending before the High Court which had yet to render a final decision.
3. 353. In its reply, the Government indicated that neither the EPRDF nor the security and police personnel had occupied the offices of the FCTP. What had actually occurred was that on 22 October 1996, the executive office of the FCTP had requested the Ministry of Labour and Social Affairs to provide identity cards for its newly elected leaders who had replaced those who had left the federation for their own reasons. Therefore, and as per the request, the Ministry which was the government body responsible for the registration and certification of organizations and their leaders had issued identity cards after examining the relevant documents. Moreover, the issuance of identity cards to the newly elected leaders was not exceptional since the leaders of the eight other federations also had identity cards issued to them by the Ministry in the same manner. The Government reaffirmed its commitment to the free exercise of trade union rights in conformity with the Conventions on freedom of association.
4. 354. At its March 1997 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee requests the Government to ensure that an independent investigation is carried out immediately into: (i) the alleged attack against, and subsequent occupation of, the premises of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP) on 4 November 1996; and (ii) the alleged physical assault on Mr. Mulatu Gurmu, the FCTP Treasurer, on the same day, so as to identify and punish the guilty parties. It further requests the Government to keep it informed of the outcome of such an investigation.
   • (b) The Committee requests the Government to institute an independent judicial inquiry into the allegation that irregular procedures were followed in nominating the new leaders of the FCTP. It asks the Government to keep it informed of the results of such an inquiry.
   • (c) The Committee requests the Government to reply, without delay, to the allegations concerning attempts by eight pro-government federations to reorganize CETU and to administer its property and assets.

B. The Government's reply

1. 355. In a communication dated 29 August 1997, the Government states that many crises arose within CETU shortly after its establishment. Since then, the majority of the industrial federations that constitute CETU have tried their best to resolve differences between themselves through negotiation. Moreover, although the Government had no intention of interfering in the internal affairs of unions, the Ministry of Labour and Social Affairs nevertheless extended its support to solve the conflict within the Confederation peacefully. However, the leadership of CETU failed to resolve these differences. On the contrary, it was more inclined to creating conflict and division amongst the federations and their workers. Finally, eight of the nine federations merged together and reached an agreement on 3 January 1997 to reorganize the Confederation through the establishment of a coordinating committee. After three months of relentless efforts, the coordinating committee called the eighth General Congress of CETU from 22 to 24 April 1997 in Addis Ababa and reorganized CETU.
2. 356. Turning to the alleged occupation of the FCTP offices, the Government states that if such an offence had occurred, a case could have been brought before the courts. There is, however, no such case pending. Moreover, the Government points out that the FCTP is one of the eight federations that now form part of the newly reorganized CETU and which has good working relations with the Ministry of Labour and Social Affairs.
3. 357. The Government further points out that the newly established Confederation was registered and certified by the Ministry as a legal body and started functioning immediately. Its offices opened as of 12 May 1997 and it has started to administer its property and assets. The Government adds that the appeal made by the former President of CETU to the Labour Division of the Federal High Court in connection with the cancellation of the registration of the former CETU was rejected by the Court on 24 April 1997. Hence, the steps taken by the Ministry of Labour and Social Affairs proved legal. Finally, the Government reaffirms its commitment to the free exercise of trade union rights.

C. The Committee's conclusions

1. 358. The Committee notes that the allegations in this case concern the occupation by force of the premises of the Federation of Commerce, Technical and Printing Industry Trade Unions (FCTP), an affiliate of FIET, by six members of the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF), backed by the security and police forces. These allegations further refer to the physical assault on the Treasurer of the FCTP as well as the forced removal of elected trade union leaders of the same federation. These allegations finally refer to the attempts by eight pro-government federations, in collusion with the Government, to reorganize CETU anew and to administer its property and assets.
2. 359. As regards the alleged entry into, and occupation of, FCTP premises by six EPRDF members, as well as the subsequent physical assault on the FCTP Treasurer, the Government had categorically denied that such an attack had ever taken place during the previous examination of this case (306th Report, para. 453). The Committee notes that the Government now states that if such an attack had in effect taken place, the persons concerned could have taken the matter to the courts. The Government points out that there is no such case pending before the courts. However, during its previous examination of this case, the Committee had noted that this incident had been reported to the police (306th Report, para. 458). Moreover, the Committee had requested the Government to ensure that an independent investigation was carried out into the above incidents. Noting with deep regret that this has not been done, the Committee would once again draw the Government's attention to the principle that attacks against trade unionists and trade union premises and property create a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 179). The Committee therefore urges the Government to ensure that an independent investigation is carried out immediately into the alleged attack against FCTP premises and the FCTP Treasurer on 4 November 1996 so as to identify and punish the guilty parties. It further requests the Government to keep it informed of the outcome of such an investigation.
3. 360. Concerning the allegation that elected trade union leaders of the FCTP were forcibly removed and replaced by persons recruited by the Government, the Committee had requested the Government to institute an independent judicial inquiry into this matter during its previous examination of the case. The Committee regrets to note that the Government has not instituted any such inquiry nor has it provided any information in respect of the above allegation except to indicate that it has good working relations with the new leadership of FCTP within the framework of the newly reorganized CETU. Consequently, the Committee would once again recall the principle that the nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions and is incompatible with Convention No. 87 (Digest, op. cit., para. 396). In the light of the serious doubts which appear to surround the regularity of procedures followed leading to the nomination of the new FCTP leaders and in view of the principle that in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial and objective procedure which should also be expeditious (Digest, op. cit., para. 405), the Committee urges the Government to institute an independent judicial inquiry into the above allegation and to keep it informed.
4. 361. Finally, with regard to the allegations concerning attempts by eight pro-government federations to reorganize CETU and to administer its property and assets, the Committee notes the Government's reply that following great internal conflict and division among the federations under the former leadership of CETU, eight of the nine industrial federations finally decided to reorganize CETU by forming a coordinating committee on 3 January 1997. This coordinating committee reorganized CETU at its eighth General Congress held in Addis Ababa from 22 to 24 April 1997. The Government adds that the newly reorganized Confederation was registered and certified by the Ministry as a legal entity and started to administer its property and assets as of 12 May 1997. Finally, the Government points out that the appeal lodged by the former President of CETU to the Labour Division of the Federal High Court over the question of the cancellation by the Ministry of the registration of the former CETU was rejected by the Court on 24 April 1997. As a result, the actions of the eight federations which aimed at re-establishing CETU anew and at administering its property and assets were not illegal, as alleged by the complainants. While noting that the Federal High Court has confirmed the decision of the Ministry of Labour and Social Affairs to cancel the former CETU's registration, the Committee regrets that this decision was taken by the administrative authorities in the first place. In order to have precise information at its disposal on the specific reasons for which the former CETU's registration was cancelled, the Committee would request the Government to send a copy of the Federal High Court's decision in this matter.