Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 371, Mars 2014

1. 466. The Committee last examined this case at its November 2012 meeting, when it presented an interim report to the Governing Body [see 365th Report, paras 668–692, approved by the Governing Body at its 316th Session (November 2012)].
2. 467. The Government sent its observations in a communication dated 8 March 2013.
3. 468. 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. 469. At its November 2012 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 365th Report, paras 4 and 692]:
   • (a) The Committee once again strongly urges the Government to take all necessary measures to ensure that the appropriate authorities register the NTA without delay so that teachers may fully exercise their right to form organizations for the furthering and defence of teachers’ occupational interests without further delay. It expects that the Government will provide information on the concrete steps taken in this regard.
   • (b) The Committee strongly urges the Government to take the necessary measures, without delay, to ensure that the Charities and Societies Proclamation is not applicable to workers’ and employers’ organizations and that such organizations are ensured effective recognition through legislation which is in full conformity with the Convention. It expects that the Government will provide information on the progress made in this regard.
   • (c) The Committee expects that the Government will undertake, without delay, concrete measures, including in the framework of the civil service reform, in order to fully guarantee the right of civil servants, including teachers in public schools, to establish and join organizations of their own choosing for the promotion and defence of their occupational interests. It requests the Government to keep it informed of all progress made in this respect.
   • (d) The Committee once again urges the Government to provide it with the reports of the various investigations into the allegations of torture and maltreatment of the detained persons.
   • (e) The Committee requests the complainants and the Government to provide relevant and detailed information in respect of the alleged dismissal and denial of reinstatement of Mr Wondwosen Beyene.
   • (f) The Committee requests the Government to provide without delay a copy of the findings and conclusions of the disciplinary committee in the case of Ms Demissie.
   • (g) The Committee once again urges the Government to initiate a full and independent investigation into the allegations of harassment in September–November 2007 of Ms Berhanework Zewdie, Ms Aregash Abu and Mr Wasihun Melese, all members of the National Executive Board of the complainant organization; as well as over 50 of its prominent activists 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.
   • (h) The Committee once again urges the Government to conduct an independent investigation into the allegations of harassment of seven trade unionists which occurred between February–August 2008 and to provide a detailed reply as to its outcome.

B. The Government’s observations

1. 470. In a communication received on 8 March 2013, the Government expresses the wish to strengthen its continuing collaboration with the supervisory system of the ILO. It regrets that the question of the National Teachers’ Association (NTA) and other issues are unfortunately preventing full and amicable handling of the matter at hand and unduly affect Ethiopia’s engagement with the supervisory system and beyond. The Government states that it will continue to provide fact-based and legally grounded responses to explain the situation which might not have been adequately considered by the system at different levels, so as to enhance greater understanding of the measures taken by the Government consistent with ILO standards. Ethiopia remains sincerely committed to ensure compliance with the relevant Convention.
2. 471. The Government underlines that the right to form associations is a constitutionally guaranteed and enforced right in Ethiopia. The NTA has failed to qualify for registration with the competent legal institution in the country. In the Government’s view, the NTA’s registration question is used to evaluate and make unwarranted comments on Ethiopia's legal system as a whole with particular reference to the Charities and Associations Proclamation and the Anti-Terrorism Proclamation. The Government believes that these laws comply with Ethiopia’s international obligations and that it is not correct to cite them and draw unsupported claims casting doubt on Ethiopia’s commitment to freedom of association. The Government is firmly committed to foster an environment that allows for robust democratic practices, particularly as concerns the right to association.
3. 472. The Government indicates that more civil society associations have been formed since the passing of the Charities and Societies Proclamation, and that these associations continue to be actively engaged on behalf of their constituencies without any impediment. The Government further explains that the spirit and the letter of the Anti-Terrorism Proclamation do not affect legally registered associations peacefully advancing their causes in any way whatsoever, but rather safeguard the safety of all people in Ethiopia against any terrorist act. According to the Government, the law was drafted based on best practices from around the world (including countries said to be mature democracies) and in full compliance with international obligations.
4. 473. The Government also states that it has learned that a sizeable number of former NTA members have renewed their membership in the legally registered ETA and have even accessed the benefits accrued to them as dues-paying members, and that many among the NTA claimants are not currently public school teachers.
5. 474. The Government therefore reiterates the wish that the consideration of this case be concluded without any further delay and unnecessary contention, and expresses the view that an ILO visit to Ethiopia for an in-depth dialogue with the Ministry, other relevant officials, and all relevant associations could be useful.

C. The Committee’s conclusions

1. 475. The Committee recalls that the present case refers to allegations relating to the exclusion of teachers in the public sector from the right to join trade unions by virtue of the national legislation; the refusal to register the NTA (previously the ETA) and interference in its administration and activities; and harassment, arrest, detention and maltreatment of teachers in connection with their affiliation, first to the ETA (prior to the court judgment as to the legitimate executive board), and then to the NTA. The Committee further recalls that it has been addressing very serious allegations of violations of freedom of association involving governmental interference in the administration and functioning of the then ETA, and the killing, arrest, detention, harassment, dismissal and transfer of its members and leaders since November 1997 [see Case No. 1888].
2. 476. The Committee notes the Government’s general observations that: (i) in the Government’s view, the issue of the NTA’s registration is being used to evaluate and make unwarranted comments on Ethiopia’s legal system; (ii) the consideration of this case should be concluded without any further delay; and (iii) an ILO visit to Ethiopia for an in-depth dialogue with the Ministry, other relevant officials, and all relevant associations could be useful. The Committee notes that an ILO mission subsequently undertook a working visit to the country at the invitation of the Minister of Labour and Social Affairs, and takes due note of the mission report. The Committee welcomes the outcome of the mission in the form of the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed on 16 May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government of Ethiopia, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization (see appendix).
3. 477. As regards the NTA’s registration (recommendation (a)), the Committee notes the Government’s statement that: (i) while the right to form associations is a constitutionally guaranteed and enforced right in Ethiopia, the NTA has failed to qualify for registration with the competent legal institution in the country; (ii) a sizeable number of former NTA members have renewed their membership in the legally registered ETA and accessed the benefits accrued to them as dues-paying members; and (iii) many among the NTA claimants are not currently public school teachers. The Committee further notes that, according to the Joint Statement, the Government is ready and committed to register the NTA under the Charities and Societies Proclamation (No. 621/2009), and, following discussions with the Charities and Societies Agency (CSA), agreement was reached to register the NTA in accordance with the Proclamation. In addition, the Committee notes that, according to the report recently submitted under article 22 of the ILO Constitution, the Government indicates that: (i) it has never denied the registration of the NTA, rather it is the organization that has failed to fulfil the registration requirements under the Charities and Societies Proclamation; and (ii) since the signing of the Joint Statement, the NTA has never appeared for registration. As regards the registration requirements, the Committee recalls its reference, in its previous examination of the case, to the 2010 observation of the Committee of Experts on the Application of Conventions and Recommendations, in which the latter had identified a number of provisions of the Charities and Societies Proclamation that raise issues of compatibility with the Convention. Furthermore, the Committee considers that the fact that more than four years have elapsed since the NTA’s request for registration without any decision being issued by the CSA (whether affirmative or negative) has deprived this organization of the effective possibility to appeal. The Committee also recalls that such a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization. Moreover, and in view of the Government’s indication that several former NTA members no longer teach or have become ETA members, the Committee takes due note of the information provided by the NTA to the mission, according to which the long idle time as a non-registered association and years of harassment have led to a situation where the conditions that the NTA had met, or could have easily met at the time of application, might be difficult or impossible to fulfil at present. The Committee, encouraged by the commitment undertaken by the Government in the Joint Statement, firmly expects that, in light of the special circumstances described above, the necessary measures will be taken to ensure that the appropriate authorities promptly and unconditionally register the NTA on the basis of its outstanding request, so as to finally bring to a resolution this longstanding issue in a manner which is compatible with the principles of freedom of association.
4. 478. With respect to the freedom of association rights of civil servants, including teachers (recommendations (b) and (c)), the Committee notes once again the Government’s indication that: (i) the Charities and Associations Proclamation fully complies with Ethiopia’s international obligations, and that, since its adoption, more civil society associations have been formed and continue to be actively engaged on behalf of their constituencies without any impediment; and (ii) that the Anti-Terrorism Proclamation fully complies with Ethiopia’s international obligations and was drafted based on best practices around the world, and its spirit and letter do not affect legally registered associations peacefully advancing their causes and safeguard the safety of all people in Ethiopia against any terrorist act. The Committee further notes that, according to the Joint Statement: (i) the Government reiterates its commitment and determination to follow up on the Committee’s comments concerning the Federal Civil Servants Proclamation, and indicates that the civil service reform is a broad exercise and that a recent comprehensive assessment review has proposed a civil service reform roadmap; (ii) there is a common understanding of all parties concerned that the Constitution embeds the right of all workers to be able to establish and join organizations of their own choosing; (iii) the Government takes note of the view of the ILO supervisory bodies that the current legislative framework does not fully give effect to this right as regards the civil servants, since the Charities and Societies Proclamation only enables individual civil service associations to be registered as professional associations; and (iv) in this regard, the Government reaffirms its commitment to the mission to continue to make every effort to address these issues as a matter of priority. Encouraged by the Government’s commitment and having understood from the mission report that the comprehensive civil service reform has recently undergone major adjustments, the Committee highlights that freedom of association is an enabling right which renders possible the exercise of all other rights at work, and firmly expects that, while pursuing the civil service reform, the right to organize will be granted as a matter of priority to all civil servants, including teachers in public schools and employees of the state administration.
5. 479. In the absence of any information provided by the Government concerning its recommendations (d)–(h) (earlier allegations of torture and maltreatment in detention and dismissal and harassment of trade union officials and members of the then ETA (now the NTA)), the Committee finds itself obliged to reiterate the conclusions and recommendations it made when it examined this case at its meeting in November 2012 [see 365th Report, paras 686–692].
6. 480. Lastly, noting that, according to the Joint Statement, the Government and the national employers’ and workers’ organizations consider that ILO technical assistance would be important to assist them in moving forward on the issues raised by the ILO supervisory bodies, the Committee expects that all necessary measures will be taken to put in place such technical assistance in the very near future.