Rapport intérimaire - Rapport No. 353, Mars 2009

1. 968. The Committee last examined this case at its November 2007 meeting [see 348th Report, paras 629–695]. The Ethiopian Teachers’ Association (ETA) and Education International (EI) sent new allegations in communications dated 10 December 2007 and 9 June 2008. In its communication dated 27 January 2009, the International Trade Union Confederation (ITUC) provides additional information on behalf of EI.
2. 969. The Government sent its observations in communications dated 4 February and 2 July 2008 and 19 February 2009.
3. 970. 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. 971. At its November 2007 meeting, the Committee considered it necessary to draw the special attention of the Governing Body to this case because of the extreme seriousness and urgency of the matters dealt with therein and made the following recommendations [see 348th Report, paras 4 and 695]:
   • (a) The Committee calls on the Government to fully observe the right of the ETA to organize its internal administration free from interference by the public authorities and to provide a full and detailed reply in respect of the numerous and serious allegations raised in this case of repeated government interference and harassment, arrest, detention and torture of ETA members for over a decade.
   • (b) The Committee urges the Government to take the necessary measures as a matter of urgency to ensure observance of the right to freedom of association of civil servants, including teachers in the public sector in accordance with Convention No. 87 ratified by Ethiopia. The Committee requests the Government to keep it informed on any progress made in this respect.
   • (c) With regard to the allegations relating to interference in ETA activities and confiscation of its materials and documents, the Committee observes that the Government has not provided its observations on these very serious allegations of trade union rights infringement and requests it to do so without delay so that it may examine this question in full knowledge of the facts. In the meantime, it requests the Government to ensure respect for trade union rights and to return any confiscated material that may have been seized without an appropriate warrant or that has no relation to any outstanding charges.
   • (d) The Committee requests the Government to initiate a full and independent investigation into all of the allegations made in this case and in the earlier Case No. 1888 relating to the steps taken by the Government to support the rival ETA group and undermine the complainant organization and to provide full details on the progress made in this regard and on the conclusions reached. In the meantime, the Committee urges the Government to ensure that the ETA may carry out its activities without any Government repression. The Committee further requests the Government to provide information on any measure or action taken following the ruling of 21 June 2007 by the Federal High Court.
   • (e) The Committee strongly urges the Government to ensure that 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. The Committee urges the Government to send its observation without delay on the allegations relating to the arrest, detention or disappearance of the following individuals: Abate Angore, Teferi Gessesse, Tesfaye Yirga, Tamirat Testfaye, Dibaba Ouma, Ocha Wolelo, Bekele Gagie, Serkaalem Kebede, Mulunesh Ababayehu Teklewold and Tilahun Ayalew, as well as the list of 68 arrested teachers provided by the complainants. The Committee asks the Government to keep it informed of any decisions handed down by the courts in respect of these ETA members and to take steps to ensure the immediate release of any of these members and union leaders that may still be detained for their trade union activities and membership and to take steps for the payment of adequate compensation for any damage suffered.
   • (f) In view of the seriousness of the allegations concerning the torture of Messrs Getnet and Mengistu during their detention to make them confess their membership in an illegal organization, the long period of detention, the vague nature of the charges, their release on several occasions without any explanation as to the reasons for their detention only to be rearrested, the Committee urges the Government to initiate without delay an independent inquiry, to be led by a person that has the confidence of all the parties concerned, to fully clarify the circumstances surrounding their successive arrests and detentions, determine responsibility if it is found that they have been subjected to maltreatment and punish those responsible. If their detention is found to be based on anti-union grounds, the Committee requests the Government to take steps for their immediate release and for the payment of appropriate compensation for any damage suffered. The Committee requests the Government to keep it informed of the results of the inquiry.
   • (g) The Committee firmly urges the Government to accept the direct contacts mission requested by the Conference Committee on the Application of Standards in the very near future and hopes that it will include an examination of all matters raised in the present complaint.

B. The complainants’ new allegations

1. 972. In their communications dated 10 December 2007 and 9 June 2008, the ETA and EI indicate that on 29 October 2007, the Federal Supreme Court decided to release on bail 47 prisoners. Among them were Anteneh Getnet, member of the ETA Addis Ababa Regional Council; Berhanu Aba-Debissa, member of the ETA and teacher at Wolaita Sodo; Woldie Dana, a member of the ETA, teacher in Bodity; and his wife, Wibit Ligamo. According to the information received, each detainee was to be released on 2,000 Ethiopian Birr (ETB) (150 euros (€)) bail. When the process of bailing began, the amount for the bail had reached ETB5,000 (€375) per person. Only the family of Anteneh Getnet was able to pay the ETB5,000 to get him out of prison. The others, Berhanu AbaDebissa, Woldie Dana and his wife stayed in the Kality prison until 17 December 2007. It is reported that the relatives and friends who collected money for the bails have been harassed by the regional government officials. Unlike his union colleagues, Meqcha Mengistu, Chairperson of the ETA East Gojam Zonal Executive and a trained member of the ETA Committee for the implementation of the EI/ETA Education for All-HIV/AIDS programme, was denied the right to be released on bail and remains in prison.
2. 973. The complainants recall that all six were arrested and detained for weeks without being notified of the charges against them. They were detained in various places where they were beaten and suffered injuries. During their detention, they were asked to give up their ETA membership. EI and the ETA believe that their detention was connected to their ETA membership.
3. 974. The ETA is also concerned about the fate of Tilahun Ayalew, chairperson of the ETA Awi zone, who disappeared on 28 May 2007 and is still reported missing. The ETA does not know whether he is alive. Mr Anteneh Getnet is also reported missing since April 2008.
4. 975. The complainants further allege that between September and November 2007, Ms Berhanework Zewdie, Ms Aregash Abu, Ms Elfinesh Demissie and Mr Wasihun Melese, all members of the National Executive Board of the ETA, as well as over 50 prominent ETA activists in Addis Ababa, Nekemt (eastern Wolega) and Jima (south-west) have been harassed. They have all been taken to police stations near their respective schools and strongly advised by security agents to quit their union activities. The colleagues arrested in Nekemt and Jima were kept under police arrest for five to ten days in September 2007.
5. 976. In addition, Ms Elfinesh Demissie was fined 36 days’ salary by her headmaster, despite the disciplinary committee rejecting all allegations filed against her. Ms Demissie is a teacher and a member of the ETA since 1974. In August 2006, she was elected to the National Board of the ETA. Ms Demissie is known in the education community but also in wider circles as a prominent women’s rights activist and for her commitment in the Ethiopian Human Rights Council, for which she served two terms (1994–2005) as Executive Board member. In 2006, the school principal of her previous school, the Misrak Goah Primary School in Addis Ababa (she has since been transferred at her request), regularly complained about her union activism and eventually filed a complaint for absenteeism. The school principal accused Ms Demissie of absenteeism when she took leave to attend the ETA General Assembly from 30 August to 1 September 2006. The Discipline Committee dismissed unanimously all the allegations filed against Ms Demissie. However, the headmaster fined her with non-payment of 36 days’ salary, which amounts to ETB1,572 (about €120). Since then, her court case has been delayed.
6. 977. The complainants further allege that teachers, who protested in support of the ETA, received serious warnings from their school administration. The Government controlled media gives a wide coverage of the social election organized by the ETA set up in 1993. It is reported that school administrations have been requested to facilitate the election process to be implemented throughout the country from the grass roots to the national levels.
7. 978. The complainants also allege the suspension of teachers who refused to carry out the population census in Ethiopia’s Somali region in November 2007. The complainants explain that a national census was carried out between 21 April and 22 May 2007 throughout the country with the exceptions of two regions: Afar (north-east) and Somali (east). The National Statistic Commission and the Minister of Education agreed that only teachers would conduct the census and therefore thousands of teachers went from house to house to count the residents in urban and rural areas, on a voluntary basis. However, when the census was carried out in Ethiopia’s Somali region in November 2007, teachers throughout the country were randomly selected by their hierarchy. Those who refused to take part, because of the insecurity and the impunity in this part of the country, were sacked from their jobs. Hundreds of teachers were suspended for that motive. According to the information contained in a communication dated 10 December 2007, some teachers have been reinstated and their November salary was paid. The complainants point out, moreover, that when teachers are forcefully ordered to organize the population census, their school loads are redistributed among the remaining teachers, adding to their workload and affecting the quality of education.
8. 979. Reporting on a positive development, the complainants indicate that in 2007, the ETA successfully conducted events on the World Teachers’ Day in three major cities: Addis Ababa, Harar and Awasa. The ETA invited educators, parents, and students’ representatives to celebrate the World Teachers’ Day on Saturday, 6 October to avoid the hassle teachers usually receive from some school principals and government security agents when meetings are held on weekdays. The meetings focused on the working conditions of teachers. The ETA members reiterated their wish to be working with the Government to improve working conditions of teachers on the principle that “Better working conditions for teachers mean better learning conditions for learners”.
9. 980. In its communication dated 27 January 2009, the ITUC explains that it has been requested by EI to provide the following additional information in this case concerning complaints submitted by the ETA and EI in September 2006. The ITUC highlights the fact that EI continues to have an affiliate in Ethiopia, one that is attempting to register with a new name following the Supreme Court decision of 7 February 2008 which dissolved the association formerly known as ETA. The ITUC considers that EI and the former ETA have the fundamental right to submit additional information in this case despite the lack of formal recognition by the Government.
10. 981. In particular, the ITUC indicates that on 7 February 2008 (after three adjournments on 14 December 2007, 31 December 2007 and 2 January 2008), the Federal Supreme Court ordered the Ethiopia Teachers’ Association, created in 1949 (later referred to as the ETA 1949), to hand over property, other assets and its name to the Ethiopia Teachers’ Association, established in 1993 (later referred to as the ETA 1993). On 21 February 2008, the ETA 1949 petitioned the Court of Cassation. On 26 June 2008 (after three adjournments on 7 April 2008, 18 April 2008 and 11 June 2008), the Court of Cassation upheld the ruling of the Federal High Court and of the Federal Supreme Court. On 28 July 2008, a representative of the ETA 1993 came to the ETA premises accompanied by a lawyer and security agents requesting to hand over the property. Since that date, it has been very difficult for teachers belonging to the former ETA 1949 to be in touch, let alone attend teacher meetings and union activities. The ETA 1949 members have been very frustrated with this situation. The Education for All/HIVAIDS programme implemented by EI through the ETA 1949 has been suspended in 2008. This has deprived Ethiopian teachers of very relevant professional training and activities.
11. 982. The ITUC further indicates that a group of ten teachers submitted an application for registration of the Ethiopia Teachers’ National Association (ETNA) on 21 July 2008. On 4 August 2008, an official of the Ministry of Justice advised them to change the name of the new association, as the name ETNA was considered by the Ministry official to be too close to the previous name, the Ethiopia Teachers’ Association (ETA). The second alternative proposed by the founding members, the Teachers’ National Association, was not accepted either. Finally, on 12 August 2008, the Ministry of Justice acknowledged the application of the National Teachers’ Association (NTA). In its communication of 15 August 2008 addressed to the NTA founders, the registration office of the Ministry of Justice stated that the NTA name was too similar to the already registered ETA and thus had to be changed. The letter further stated that since the NTA founders were also members of the ETA, the latter organization needed to express its support for the establishment of a new organization. The complainant points out that the law does not require prior approval from a third party to form an association. Neither is there any restriction on being a member of more than one association. On 1 September 2008, the NTA founding representatives addressed a complaint to the Minister of Justice protesting at the obstruction in the process of registration of their teacher association. On 8 September 2008, the Ministry of Justice submitted the registration application of the NTA to the Ministry of Education in order to obtain their view on the registration process. In its exchange of communication with the Ministry of Justice, the Ministry of Education considered that the NTA had the intention of organizing certain teachers from some regions, however, as the Ethiopian Teachers’ Association had been established by all teachers based on their will, it could not recommend the establishment of a new association. On 15 December 2008, the Ministry of Justice notified founding members of the NTA that their request for registration was rejected on the grounds that the Ministry of Education, the employer of teachers, had not given its support for the registration of the NTA.
12. 983. The NTA founding members lodged petitions to the new Minister of Justice on 25 December 2008 and to the FDRE Institution of the Ombudsman on 29 December 2008 to deplore the decision of the Ministry of Justice, which they consider restricted the constitutional rights of an independent teacher association to exist in addition to the existing ETA 1993.
13. 984. In its communication, the ITUC also informs that on 23 October 2008, the 2nd Criminal Bench of the Federal High Court had a hearing to review the case of 55 people, including six ETA 1949 members suspected of involvement in an illegal organization. Thirty-three individuals attended the court proceedings (three persons died in prison, one was released and 18 were missing). The court ruled that those present should defend themselves but those who were missing would receive a verdict in absentia. Thus, two former ETA 1949 members, Tilahun Ayalew and Anteneh Getnet, who are still missing, were sentenced in absentia to some years of imprisonment in November 2008. Meqcha Mengistu is still detained. Woldie Danna and Berhanu Aba-Debissa, although released on bail, have been denied their right to be reinstated to their teaching duties. They appeared in the Federal High Court several times, but, until now, the hearing has always been adjourned. The last court hearing took place on 16 January 2009 and was adjourned until 28 January 2009. The court promised several times to take a decision at its next hearing, which has not been made until now.
14. 985. The ITUC also submits further allegations of continuing violations of trade union rights. In particular, the ITUC refers to the dismissal of three trade union leaders, Nikodimos Aramdie, Wondewosen Beyene and Kinfe Abate, which occurred in September 2007, December 2004 and December 1995 respectively. It further alleges that five members of the former ETA, the complainant in this case, Tesfaye Yirga, Bekele Gagie, Mekonnen Tsega, Meftihie Biaznlign and Elfinesh Demissie, have been brought for questions at police offices on 19 February 2008 to be later released and warned that the next measures taken against them would be much tougher. Another member of the organization, Abera Zemedkun, was arrested and detained from 13 May to 30 August 2008. While upon his release he was reinstated, he did not receive his salary for June, July and August 2008. Moges Kiflie, member of the Retired Teachers’ Association, affiliated to the ETA, was taken to the police station for questioning. All these trade unionists were strongly suggested to quit their activities in the ETA.

C. The Government’s reply

1. 986. In its communication dated 4 February and 2 July 2008, the Government states that it has, on several occasions, demonstrated its unwavering commitment to cooperate with the supervisory mechanisms of the International Labour Organization. It is in this spirit that the Government continues to respond to the questions raised by the Committee regarding this case. The Government reiterates that the outstanding legal issues relating to the ETA should be left for the Ethiopian courts to handle. On a number of occasions, both the Federal High Court and the Federal Supreme Court rendered decisions addressing various aspects of this case. On 21 June 2007, the Federal High Court rendered a decision which, among others, clarified the legal status of the ETA, the status of the rival executive committees (one of which is represented as a complainant in this case) and the restitution of property belonging to the ETA. The complainants’ allegations that the Government is engaged in union favouritism and violations of the rights of teachers cannot be further from the truth. Members of the ETA freely exercise their constitutional rights without any interference whatsoever. Teachers, like other Ethiopian workers, enjoy the constitutional right to form professional associations to promote their interests. Thanks to the conducive political and economic atmosphere prevailing in the country, teachers are benefiting from the national education sector development programme, which, among others, promotes active participation of teachers in the planning and execution of educational policies and programmes. The Government and its educational institutions work with any organization that is established by teachers. It has never pursued any policy of union favouritism nor has it undertaken any measures muzzling the free exercise by teachers of their freedom of association rights.
2. 987. The Government denies EI’s allegation that members of the National Executive Board of the ETA, as well as members of Addis Ababa ETA, were harassed and briefly detained by the police and states that no individual was arrested on account of his or her ETA membership. The lawful incarceration of some teachers has nothing to do with the exercise of their rights as members of the ETA or their trade union activities. In this respect, the Government refers to the Committee’s findings in other cases and, in particular, its observation that “participation in trade union activities cannot serve as immunity against prosecution for breaches of ordinary criminal laws”. Following street riots and criminal offences perpetrated by extreme wings of opposition parties after the May 2005 elections, several individuals were charged and were brought before courts of law for their direct participation in activities which resulted in loss of lives and wanton destruction of public property. Other individuals were also arrested and detained in 2006 and 2007 for their involvement in a clandestine operation sponsored and run by illegal armed groups based in Eritrea with the declared objective of the forcible overthrow of the constitutional order in Ethiopia. Fully aware that they are wanted by the law enforcement bodies, some individuals are in hiding. This is the case of Mr Tilahun Ayalew, whom EI reports “missing”. The Government considers that he is a fugitive from justice. With regard to other individuals released on bail, the Government explains that the court had ordered their release, not because the defendants were members of the ETA but simply because the offence which they were charged with allows the release on bail.
3. 988. Currently, the Federal High Court, 2nd Criminal Bench, is considering a criminal case involving Meqcha Mengistu, Anteneh Getnet, Tilahun Ayalew, Woldie Dana, Berhanu Aba Debissa for involvement in a clandestine operation, sponsored and run by illegal armed groups based in Eritrea with a declared objective of the forcible overthrow of the Ethiopian constitutional order. These charges are based on articles 32, 38 and 240 of the Ethiopian Federal Criminal Code.
4. 989. The Government is appalled that EI continues to show little or no respect for the judicial organs of a sovereign member State of the ILO; that it treats Ethiopian institutions and officials with utmost contempt and disrespect, and pursues an aggressive and politically motivated campaign. In a situation (which is currently a subject of a legal process) where there are two groups claiming to be the legitimate executive organs of the teachers’ organization, EI chose not only to take sides and bring the case against the Government on behalf of one of the groups it is sponsoring, but continues to invariably make baseless and false accusations against the Government. The Government refers to the practice of the Committee to take due account of the national judicial process for settling disputes.
5. 990. With regard to the ruling of 21 June 2007 by the Federal High Court, the Government indicates that the defendants appealed to the Federal Supreme Court on 11 July 2007. The Supreme Court, without summoning the defendant, upheld the decision of the High Court and dismissed the appeal. In its reasoning, the Supreme Court agreed with the High Court’s opinion that only the assembly has the sole authority to elect members of the executive committee. It cited numerous pieces of evidence brought to its attention, including the minutes of the assembly’s meeting and a certificate from the Ministry of Justice establishing that an election of new members of the executive committee was held. The appellants, the court noted, proffered little in showing whether they represented a separate institution, whether they were selected by ETA’s assembly, and, if the elections were held, whether these elections were conducted pursuant to the articles of the association’s constitution or relevant laws. The decision by the highest judicial organ is significant as it brings to conclusion a long legal battle between two groups of individuals who both had been claiming that they were the legitimate representatives of the executive committee. The Government respects this decision.
6. 991. The Government regrets that the complainants bring to the attention of the Committee some unrelated issues. For example, knowing full well that their reference to the population census in Somali National Regional State of Ethiopia does not have any relation whatsoever with trade union matters, the complainants attempt to suggest that some teachers were excluded from participating in the census carried out in the region in November 2007. The Government explains that the Ethiopian 2007 census was postponed in the Somali and Afar regions by a few months not because of the security concerns, but rather to ensure that the census activity is carried out during the season which is best suited to pastoralist lifestyle and climatic conditions in this area. Moreover, not all teachers participated in the 2007 census. The Government neither forced nor threatened to force teachers to participate in any census activity.
7. 992. The Government reiterates its commitment to cooperate with the ILO and its supervisory bodies, including the Committee on Freedom of Association. The Government believes that it has already demonstrated this through its replies to the Committee, as well as to other ILO bodies in respect of the issues raised in connection with the implementation of the ILO Conventions Ethiopia has ratified. In this respect, the Government indicates that that it has decided to accept a direct contacts mission, as recommended by the Committee on the Application of Standards in 2007. This acceptance is made within the context of Ethiopia’s long standing cooperation with the ILO and its supervisory bodies. The Ethiopian high-level delegation led by the Minister of Social and Labour Affairs held consultations during the 97th Session of the International Labour Conference on modalities of the direct contacts mission. It was agreed for the mission to take place in October 2008.
8. 993. In its communication dated 19 February 2009, the Government indicates that the substantive elements of this case have been extensively dealt with by the Committee, direct contacts mission and the domestic courts. The Government considers that the latest ITUC communication cannot be considered as additional information as it lacks any new evidence. The Government explains that the first element of the ITUC submission relates to the legal process involving the ETA, which has been already addressed by the Committee and brought to conclusion under the Ethiopian legal system. In this respect, the Government regrets that the ITUC has forwarded allegations that had been fully examined by the Committee and in respect of which the Government provided adequate information and observations. Some of the information presented as new or additional, in particular concerning the dismissal of three trade union leaders, Nikodimos Aramdie, Wondewosen Beyene and Kinfe Abate, relate to the events that have allegedly occurred as far back as December 1995. Furthermore, the allegations of harassment are false and not substantiated.
9. 994. The second challenge put forward by the ITUC relates to the attempt by a new group of ten individuals to register a new organization, called the National Teachers Association (NTA), as a professional society in Ethiopia. The Government considers that this new element cannot be considered in the framework of Case No. 2516, which concerns alleged violations of trade rights of the former ETA members. With regard to the NTA, the Government indicates that this association is still seeking remedies within the bounds of the Ethiopian legal and constitutional system. The House of Peoples Representatives has recently adopted the Charities and Societies Proclamation which sets out detailed procedures for registration of societies, including professional associations. This matter will be addressed on the basis of the provisions of this law by the Ombudsperson to which the complaint was submitted. Any examination by the Committee of that matter is premature.
10. 995. The Government recalls that pursuant to the June 2007 Recommendations of the Conference Committee on the Application of Standards, the Ethiopian Government has accepted a direct contacts mission. Consistent with its tradition of cooperating with the ILO mechanisms, the relevant authorities and officials cooperated with the mission. The report of the mission has been communicated to the Government. The Government intends to forward its detailed observations in due course and hopes that follow-up consultations on the findings of the report will be based on a constructive dialogue with the view to bringing this case to an end.

D. The Committee’s conclusions

1. 996. The Committee notes the new allegations sent by the complainants in this case, the ETA and EI, as well as the ITUC communication dated 27 January 2009, sent on behalf of EI. With regard to the latter, the Committee observes that EI continues to have an affiliate in Ethiopia, one that is attempting to register with a new name, following the Supreme Court decision of 7 February 2008, which dissolved the ETA, and therefore continues to have a direct interest in the matter.
2. 997. With regard to the Government’s contention that the allegations concerning refusal to register a new teachers’ association cannot be examined in the framework of this case, the Committee recalls that it is for the Committee to determine whether the information submitted by complainants is receivable within the framework of a particular case. It notes that the new association was established by the members of the former ETA, complainant in this case, following the final court judgement in relation to the latter. With regard to the Government’s contention that it is premature to examine the allegations of refusal to register the new teachers’ association as the same is pending before the Ombudsperson and will be examined in the Ethiopian legal system in due course, the Committee recalls that it has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national remedies. The Committee considers that the information submitted in the latest ITUC communication is relevant to the case at hand and will therefore proceed with its examination bearing in mind the relevant information provided by both the complainant and the Government.
3. 998. The Committee observes that the long-standing dispute between the two groups claiming rights at the ETA has been concluded in the Ethiopian judicial system. The Federal Supreme Court has confirmed, in appeal, the ruling of the Federal High Court of 21 June 2007, which considered that the new ETA has a legal status which entitles it to possess the property of the previously recognized ETA.
4. 999. The Committee welcomes the Government’s acceptance of the direct contacts mission, which visited the country in October 2008, and appreciates the efforts made to provide the mission with all available information relating to this case. The Committee notes from this report that the complainant organization had decided to accept the final verdict of the Supreme Court, relinquishing the assets of the ETA to those recently elected in the officially recognized ETA, and that a number of teachers subsequently expressed their desire to form a new association. In particular, the Committee notes that, following the decision of the Supreme Court, in August 2008, a group of teachers made a request to the Ministry of Justice to be registered under the name of the National Association of Ethiopian Teachers. The Committee notes that, by its communication dated 15 December 2008, the Ministry of Justice rejected the application for registration. According to this communication, the Ministry’s refusal at different stages of the process was based on the following grounds: (1) the NTA’s name was found to be similar to the already registered association named the ETA; (2) as members of the ETA, the founding members of the NTA failed to provide the ETA’s letter of support for the establishment of a new teachers’ organization; and (3) the unfavourable opinion of the Ministry of Education as to whether the NTA should be registered. The Committee notes that according to the Ministry of Education, since the intention of the NTA is to organize certain teachers from some regions and that there was already the Ethiopian Teachers’ Association which had been established by all teachers based on their will, it could not recommend an establishment of a new association. With regard to the fact that the Ministry of Justice requested the Ministry of Education to provide its opinion as to whether the new teachers’ association should be registered, the Committee considers that a request to the Ministry of Education, who is the employer in this case, concerning the appropriateness of registering an association of teachers is contrary to the right of workers to form and join the organization of their own choosing without previous authorization. The Committee expresses particular concern and regret over the fact that the denial of registration occurs within the context of the longstanding allegations of serious violations of teachers’ trade union rights, including the continuous interference by way of threats, dismissals, arrest, detention and maltreatment of the original complainant members. With regard to the need of the ETA’s support for the establishment of the NTA, the Committee wishes to emphasize that the right of workers to establish organizations of their own choosing implies, in particular, the effective possibility of forming, in a climate of full security, organizations independent both of those which exist already and of any political party. The Committee therefore urges the Government to take all necessary measures to ensure that the National Teachers’ Association is registered without further delay so that all teachers may fully exercise their right to form organizations for the furtherance and defence of teachers’ occupational interests without further delay. It requests the Government to keep it informed of the progress made in this regard.
5. 1000. The Committee regrets that the Government provides no information on the measures taken to ensure the right to freedom of association of civil servants, including teachers in the public sector, in accordance with Convention No. 87 ratified by Ethiopia. The Committee recalls that it had previously noted the Government’s indication that it was in the process of revision of the Civil Servant Proclamation, which would protect and guarantee the right of civil servants, including teachers in public schools, to form and join trade unions. The Committee regrets to observe from the mission report that no concrete progress was made in this respect and that there are apparently no plans presently to adopt legislation in this regard. It therefore once again urges the Government to take the necessary steps to ensure that the freedom of association rights of civil servants, including teachers in the public sector, are fully guaranteed. It requests the Government to keep it informed of all progress made in this respect.
6. 1001. With regard to the numerous cases of arrests and detention of the original complainant, ETA, members, the Committee notes that the Government reiterates its previous statement to the effect that these arrests and detentions do not relate to their trade union membership, but, rather, some were arrested and detained for their involvement in criminal offences perpetrated by extreme wings of opposition parties after the elections in May 2005, which resulted in loss of life, and others were arrested and detained in 2006 and 2007 for their involvement in clandestine operations sponsored and run by illegal armed groups based in Eritrea. The Committee regrets that the Government’s replies amount to general denial that the arrests and detentions were related to trade union activities and are simply to the effect that the arrests were made for subversive activities, based on ordinary criminal law. The Committee has always followed the rule that, in such cases, the governments concerned should submit further and as precise information as possible in order to enable the Committee to conclude that they are not related to the exercise of trade union activities. The Committee expresses deep concern over the failure of the Government to conduct a full and independent inquiry into the allegations made relating to arrests and detention of trade unionists, particularly in light of the long time that has elapsed since their arrest without any court yet pronouncing itself on the matters and given that those teachers previously arrested on similar charges were finally released without charge by the Federal High Court ruling that they had no case to answer.
7. 1002. The Committee understands from the information provided by the complainants and contained in the mission report that, with the exception of Mr Meqcha Mengistu, all teachers listed in the original complaint were released on bail by the end of December 2007 and that, on 8 October 2008, their case pending before the Federal High Court was adjourned until 23 October 2008. It further notes from the information provided by the Government and the ITUC that the Federal High Court, 2nd Criminal Bench, is considering a criminal case involving Meqcha Mengistu, Anteneh Getnet, Tilahun Ayalew, Woldie Dana, Berhanu Aba Debissa for involvement in a clandestine operation, sponsored and run by illegal armed groups based in Eritrea with a declared objective of the forcible overthrow of the Ethiopian constitutional order. The Committee notes that, on 23 October 2008, the 2nd Criminal Bench of the Federal High Court had a hearing to review the case of six ETA 1949 members suspected of involvement in an illegal organization. The court ruled that those present should defend themselves but those who were missing would receive verdicts in absentia. Thus, two former ETA 1949 members, Tilahun Ayalew and Anteneh Getnet, who are still missing, were sentenced in absentia to some years of imprisonment in November 2008. Meqcha Mengistu is still detained. Woldie Danna and Berhanu Aba-Debissa, although released on bail, have been denied their right to be reinstated in their teaching duties. They appeared in the Federal High Court several times, but until now the hearing has always been adjourned. The last court hearing took place on 16 January 2009 and was adjourned until 28 January 2009. The court promised several times to take a decision at its next hearing, which has not been made until now. The Committee recalls that it has always attached great importance to the principle of a prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences. It points out in this respect that where persons have been sentenced on grounds that have no relation to trade union rights, the matter falls outside its competence. However, it emphasizes that whether a matter is one that relates to the criminal law or to the exercise of trade union rights is not one which can be determined unilaterally by the Government concerned. This is a question to be determined by the Committee after examining all the available information and, in particular, the text of the judgement [see Digest of decisions of the Freedom opf Assocation Committee, op. cit., paras 109 and 114]. The Committee therefore expects that the decisions in respect of these ETA members will be handed down by the courts without further delay and requests the Government to communicate the full texts of these judgements once they have been rendered.
8. 1003. Furthermore, the Committee notes that Mr Mengistu is still imprisoned awaiting the ruling of the Federal High Court and deplores the long period of his detention and the vague nature of the charges. It observes with deep concern from the previous examination of this case that Mr Mengistu has been released on several occasions without any explanation as to the reasons for his detention only to be rearrested later. The Committee urges the Government to ensure that Mr Mengistu is released or brought to trial without delay before an impartial and independent judicial authority.
9. 1004. The Committee deplores the lack of reply from the Government on the serious allegations of torture of ETA members, including Messrs Getnet and Mengistu, during their detention to make them confess their membership in an illegal organization. The Committee urges the Government to initiate without delay an independent inquiry into these allegations to be led by a person that has the confidence of all the parties concerned and, if it is found that they have been subjected to maltreatment, to punish those responsible and to ensure appropriate compensation for any damages suffered. The Committee requests the Government to keep it informed of the steps taken in this regard and the results of the inquiry. The Committee stresses that carrying out such an inquiry is essential in view of the allegations of the use of torture to extract confessions, which can then be used in court against the defendants. The Committee expects that all trade unionists appearing before the court in this case enjoy the due process guarantees necessary for their defence.
10. 1005. The Committee notes the allegations of harassment in September–November 2007 of Ms Berhanework Zewdie, Ms Aregash Abu, Ms Elfinesh Demissie and Mr Wasihun Melese, all members of the National Executive Board of the complainant organization; as well as over 50 of its prominent activists. According to the complainants, they have been taken to police stations near their respective schools and strongly advised by security agents to quit their union activities. Some were kept under police arrest for five to ten days in September 2007. The Committee regrets that no information has been provided by the Government. It therefore urges the Government to initiate a full and independent investigation into these allegations in order to determine responsibilities, punish the guilty parties and prevent the repetition of similar acts. It requests the Government to keep it informed in this respect.
11. 1006. With regard to Ms Demissie, the Committee notes that the complainants allege that she was punished by her headmaster for her trade union activities and was unpaid for 36 days of work (about €120), despite the fact that the Discipline Committee, to whom the headmaster filed a complaint for absenteeism, dismissed unanimously all the allegations. In these circumstances, the Committee is bound to conclude that Ms Demissie was in fact punished for her trade union activities. It therefore requests the Government to take the necessary measures without delay in order to ensure the payment of the lost wages to Ms Demissie, as well as adequate indemnities or penalty, constituting a sufficiently dissuasive sanction against any further act of anti-union discrimination. It requests the Government to keep it informed in this respect.
12. 1007. The Committee notes the allegations of the suspension of teachers who refused to participate in the carrying out of a population census in Ethiopia’s Somali region in November 2007. The complainants explain that, while in the rest of the country the census was carried out by teachers on a voluntary basis, the teachers were randomly selected for the Somali region. Moreover, such forced participation added to the workload of those teachers remaining in school. According to the complainants’ communication dated 10 December 2007, some teachers were reinstated and their November salary was paid. The Government, on the other hand, states that this allegation is unrelated to trade union matters and explains that it has neither threatened nor forced teachers to participate in the population census procedure, agreed upon by the National Statistic Commission and the Ministry of Education. The Committee notes that the population census procedure, which was to be carried out exclusively by teachers, seems to be agreed upon without any consultation with teachers’ organizations. The Committee requests the complainants to indicate how the decision of the Government with regard to the conduct of the census in the Somali region affected trade union rights of the teachers concerned.
13. 1008. With regard to the allegations of dismissal of three trade union leaders occurring in 1995, 2004 and 2007 and contained in the ITUC communication dated 27 January 2009, the Committee notes the Government’s indication that the alleged cases of dismissals date as far back as 1995 and therefore cannot be presented as new or additional information. While no formal rules fixing any particular period of prescription are embodied in the procedure for the examination of complaints, it may be difficult if not impossible for a government to reply in detail to allegations regarding matters which occurred a long time ago. In this particular case, the Committee observes that only one of the allegations dates back to 1995 whereas the other two concern incidents allegedly occurring in 2004 and 2007. It therefore requests the Government to reply in substance to these allegations and, as regards the dismissal in 1995 of Kinfe Abate, requests the complainant to provide relevant and detailed information in respect of this dismissal and to indicate why it was not possible to provide this information previously.
14. 1009. The Committee notes the ITUC’s allegations of harassment of seven trade unionists occurring between February and August 2008. While noting the Government’s statement that the ITUC’s submissions are false, the Committee urges the Government to conduct an independent investigation into these allegations of harassment and to provide a detailed reply as to its outcome.