Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ethiopia (Ratification: 1963)

A Government representative stated that, with regard to the issue of trade union diversity within an enterprise, Ethiopian labour law provided for the possibility of forming multiple industrial federations and confederations, although it permitted the formation of only one trade union per enterprise. This limitation had its origins in the history of the trade union movement in Ethiopia and his Government's lack of experience with regard to the possibility of having multiple unions at the enterprise level. Consultations conducted on this issue revealed that the trade unions believed that the current legislation made them stronger and that introducing multiple unions in an enterprise would weaken their collective bargaining position. The employers' organizations in Ethiopia also supported this longstanding practice and considered that it helped maintain industrial peace in the country. Therefore, the law reflected both the positions and practices of the social partners. The Government did not intend to modify the national legislation in this regard since there had never been a problem in applying the law or enforcing workers' rights to establish and join trade unions of their choice. Noting the longstanding nature of this practice, the Government representative stated that this was the first year that the Committee of Experts had requested the Government to guarantee the possibility of trade union diversity at the enterprise level. He assured the Committee that, in principle, Ethiopia was not opposed to this possibility. Therefore, his Government would hold tripartite discussions to determine the appropriateness of amending the labour law to bring it into conformity with the Committee of Experts' comments.

Referring to the exclusion of teachers from the labour legislation, the Government representative noted that the Ethiopian Teachers' Association was established in 1964, in accordance with the provisions of the Ethiopian Civil Code. Since that time, it had remained active in Ethiopia and had also affiliated with international unions. Following the adoption of the 1994 federal Constitution, teachers and other government employees had been guaranteed the right to form trade unions and other associations in order to bargain collectively with employers or other organizations affecting their interests. In accordance with the relevant constitutional provisions, the Ministry of Labour and Social Affairs and the Civil Service Commission had been preparing draft procedures and regulations on the formation of trade unions and collective bargaining to be included in the draft civil service law. During the preparation of the draft law, the concerned government employees would continue to enjoy their rights of freedom of association and collective bargaining provided for under the Civil Code.

With regard to the power of the Ministry of Labour and Social Affairs to cancel the registration of trade unions under certain circumstances, the Government representative noted that the Ministry of Labour and Social Affairs had submitted draft legislation to the Council of Ministers which would vest the power of cancellation solely in the Ethiopian courts. Therefore, the administrative authorities would not have the power to dissolve or suspend organizations. The Ministry was currently awaiting approval of the amendment and its adoption would be communicated to the Office. In this regard, the speaker thanked the ILO Area Office in Addis Ababa for facilitating the organization of the tripartite discussion on this matter.

Finally, the Government representative referred to the procedures in Ethiopian legislation on the exercise of the right to strike. First, he noted the nature of the dispute resolution mechanisms which must be utilized before a strike may be called. This binding procedure was handled by a para-judicial body, the Labour Relations Board, which sought to resolve labour disputes and served as a body of last resort before a strike was called. He believed that there was a misunderstanding on this point since the Committee of Experts apparently considered that the Labour Relations Board formed part of the Ministry of Labour and Social Affairs, while in fact the Board functioned as an independent tripartite body. Therefore, the issue of binding arbitration would not arise. Secondly, he referred to the definition of essential services in the context of the right to strike, noting that the issue of limiting the definition of essential services was being discussed in the Ministry. In its review of the matter, the Government was also seeking information from other countries regarding their experiences. At the appropriate stage, it would also seek assistance from the Office to provide technical support in organizing tripartite discussions on the matter.

In conclusion, the Government representative expressed regret for any delays in reporting as well as in performing certain undertakings, such as enactment of the suggested legislative amendments. Despite the adverse circumstances in his country, which included severe drought and a war, the Government representative reiterated Ethiopia's commitment to comply fully with ratified ILO Conventions.

The Worker members noted that this was a serious case which had been before the Committee on numerous occasions and that, throughout the past seven or eight years, Ethiopia had repeatedly promised to bring its legislation into conformity with the provisions of the Convention. The Worker members attributed the Government's non-compliance in this regard to the position taken by the Government representative in his statements denying any violations of the Convention.

Ethiopian legislation effectively established a trade union monopoly at the enterprise level. Referring to the comments made by the Committee of Experts, the Worker members indicated that, since 1993, the Committee had been urging the Government to amend its legislation. While acknowledging the adverse circumstances Ethiopia was facing, the Worker members nevertheless pointed out that the issues before the Committee had been raised prior to the outbreak of the war and that the Government's response at that time had been no quicker. Referring to the second sentence in the comments of the Committee of Experts regarding Ethiopia's interference in trade union activities, the Worker members stated that the Committee of Experts' sentence referred to incidents of abuse of power. Last year, a long list of examples had been cited of the Government's interference, including the murder, arrest and imprisonment without trial of trade union leaders and their mistreatment while in prison, which had led to the deaths of two trade union leaders. The Government's argument that these trade union leaders had been jailed for engaging in terrorist activities was not credible.

Referring to the case of the President of the Ethiopian Teachers' Association, Dr. Taye Woldesmiate, the Worker members referred to the findings of the Committee on Freedom of Association which had strongly urged the Government to take steps to secure Dr. Woldesmiate's immediate release. The Committee of Experts had not referred to the conclusions and recommendations of the Committee on Freedom of Association, nor had the Committee of Experts reacted to the issues raised in the Conference Committee's discussions on Ethiopia. The Worker members deplored this.

The Worker members noted that the conclusions and recommendations of the Committee on Freedom of Association stemmed from its examination of Ethiopian law and practice. It was therefore appropriate to cite those findings, particularly those interim recommendations urging the Government to ensure that all union members and leaders detained or charged were released and that those dismissed were reinstated in their jobs and given compensation for lost wages and benefits.

The Worker members noted that, since last year's Conference, Dr. Woldesmiate had been convicted on charges of conspiracy against the State and sentenced to a prison term of 15 years. The ICFTU had alleged that the trial was improperly conducted and that Dr. Woldesmiate's due process rights had not been observed. An Ethiopian judge who had raised the question of the independence of the judicial system had been dismissed. Noting that this case was still before the Committee on Freedom of Association, the Worker members hoped that the Committee of Experts would take those proceedings into account.

This was clearly a case for a special paragraph since it involved serious and protracted violations of a fundamental Convention. While the Government had made repeated statements promising to comply with the Committee of Experts' requests, the Worker members wished to see the Government take measures immediately and report on the steps taken to satisfy fully the recommendations made by the Committee of Experts before its November meeting, including the answers to the points raised by the Committee on Freedom of Association in paragraph 236(a), (c) and (d) of its most recent report on Case No. 1888. Noting the Government representative's statements that work on the legislative amendments could be completed quickly, the Worker members saw no reason why the Government could not report on these amendments before the Committee of Experts' next session. If the Government of Ethiopia committed itself to this undertaking, the Worker members would refrain from requesting a special paragraph and would be willing to wait and assess the matter again next year. Otherwise, the Worker members would be forced to request the Committee to express its grave concern and to place these concerns in a special paragraph.

The Employer members noted that this case had been discussed at the past two sessions of the Conference Committee and was once again before the Committee. The observation of the Committee of Experts repeated its previous comments, adding only that the limitation of one trade union per undertaking applied only to those undertakings with 20 or more workers. The Employer members pointed out that the legislation in question also excluded teachers, state administration officials, judges and prosecutors from the scope of application of its provisions on the right to organize. While judges and prosecutors might not be the most typical representatives of workers in the civil service, the Employer members nevertheless considered that these exclusions constituted a clear violation of the principle of freedom of association established in the Convention. With regard to the powers vested in the Ministry of Labour to cancel the registration of unions, the Employer members considered this to be in clear violation of the Convention. In respect of the broad restrictions on the right to strike and the Committee of Experts' definition of essential services the Employer members recalled their longstanding reservations in this regard. In conclusion, little had been done by the Government in recent years to bring its law and practice into conformity with the requirements of the Convention.

The Employer members recalled the Government's statement to the Conference Committee in 1994 that new legislation was being drafted to bring Ethiopian law into compliance with the Convention. This statement had also been made to the Conference Committee in 1999. Referring to the Government representative's statement that restrictions limiting the establishment of trade unions to one union per enterprise was in the interests of both employers and workers, but that the possibility of establishing more unions could be discussed in a tripartite committee at the national level, the Employer members pointed out that the Convention established workers' and employers' rights to establish and join organizations of their own choosing to promote their occupational interests. The Government needed to provide for the possibility of trade union diversity in order to conform with the requirements of the Convention and this subject was not appropriate for tripartite consultation, since trade union pluralism was one of the essential principles of the Convention.

The Employer members noted the Government representative's statements that legislative amendments would be possible in respect of teachers' right to organize and that new legislation was under examination with regard to the cancelled registration of former unions. However, the Employer members pointed out that the information provided by the Government was too vague and that it should supply detailed answers to the Committee of Experts' comments. Therefore, the Employer members recommended that the Committee's conclusion should urge the Government to supply a detailed report indicating steps taken to amend Ethiopian legislation and practice in order to comply with the Convention. Alternatively, the statements made by the Worker members recommending that a special paragraph be issued by the Committee should be considered.

The Worker member of Rwanda stated that the Ethiopian case was very serious in that not only legal texts but also human lives were at stake. The Government had continued to destroy these unions which were not under its control. The Ethiopian Teachers' Association (ETA) had been harassed since 1993: on 3 June 1999 its President was sentenced to 15 years' imprisonment and two of its leaders had died in prison following harsh treatment. The Government of Ethiopia must respect the life of trade union members, end harassment of the ETA, free imprisoned trade union members, reinstate them in their positions, and ensure the application of Convention No. 87.

The Worker member of the United Kingdom joined in the comments made by the Worker members as well as those made by the Worker member of Rwanda. He stated that the Ethiopian Government's interference with trade union activities had not only extended to control of the national centre of the Central Ethiopian Trade Union (CETU), but also to eight of its affiliates over the past few years. He noted that, since the beginning of 1999, the Government had constantly harassed the International Federation of Banking and Insurance Trade Unions (IFBITU) which was the one remaining affiliate still independent of government influence. In addition, trade unionists allied to IFBITU President Abiy Melesse had been intimidated, harassed and detained, with many having been forced into exile. In 1999, the Ethiopian authorities placed further pressure upon the leadership of the union, marginalizing it in four out of the five institutions where it was organized. Government security forces were deployed to prevent union leaders from entering their offices. Subsequently, illegal trade union elections were held and the new leadership took the union back into the CETU, thereby placing it under government control.

He emphasized that IFBITU President Abiy Melesse now feared for his life. He recalled that the supervisory bodies of the ILO had repeatedly observed that it was impossible to exercise trade union rights effectively in an atmosphere of fear and violence. He endorsed the comments made by the Worker members and the Worker member of Rwanda with regard to the continued detention and lack of due process in the case of the President of the Ethiopian Teachers' Association, Dr. Woldesmiate, whose case had been followed with great concern, not only by the ILO and the international trade union movement, but also by teachers' unions affiliated to the TUC in the United Kingdom.

He concurred with the Worker members' statements that allegations that the President of the Ethiopian Teachers' Association was a terrorist were simply not credible. Noting the seriousness and longstanding nature of the case, he joined the Worker members in calling for the Committee to issue the strongest conclusions possible in respect of this matter.

The Worker member of Greece said that the tragic situation of Ethiopian workers could not be reflected in a page and a half of comments. While it was true that in any organized society the different categories of workers did not have the same possibilities of free speech, it was very disturbing to know that in Ethiopia even judges and public prosecutors could not set up associations to defend their professional interests. In these conditions, it was difficult to imagine that unskilled workers or agricultural workers would have the right of free speech.

Moreover, little pleasure could possibly be felt concerning the return to dialogue with the Government of Ethiopia given that the announcement that the law would shortly be modified had been made in 1994. Six years after this statement, the Government should undertake to act within a definite time frame. Invoking old practices was no excuse for new delays.

The Worker member of Senegal noted that following accession to independence, governments had been able to lure trade unions into participating in united fronts with a view to economic reconstruction of their countries. This period was now over and trade union pluralism was today a reality in Africa. The observations made by the Government representative of Ethiopia were not acceptable. This was why this case should be mentioned in a special paragraph. It would also be appropriate to consider other measures that could be envisaged to bring an end to the harassment of the Ethiopian workers and ensure that they enjoyed freedom of association and the right to organize in order to defend their interests.

The Government representative of Ethiopia stated that he had listened carefully to the comments made by the Employer members and Worker members as well as other speakers and thanked those who had made constructive comments and suggestions. As in previous years, some delegates had again raised the issue of cases concerning some of the former members of the executive committee of the Ethiopian Teachers' Association, particularly referring to the trial and conviction of Dr. Taye Woldesmiate. In the past, his Government had provided detailed responses to these allegations. Referring to the case of Dr. Woldesmiate, the Government representative asserted that the trial and conviction was not related to Dr. Woldesmiate's former membership in the Ethiopian Teachers' Association. He maintained that Dr. Woldesmiate had been duly charged, tried and found guilty for engaging in violent actions against the public order. He had defended himself with a lawyer of his choice and the constitutional guarantees of a speedy and impartial trial had been fully observed, as had his human rights during detention. Noting that this matter was being discussed in the Committee on Freedom of Association, he offered to provide the English translation of the court's judgement once it became available. He also assured the Committee that, in accordance with the request made by the Worker members, his Government would supply all information on progress made in connection with the case of the Ethiopian Teachers' Association.

He stated that the problems relating to the Industrial Federation of Banking and Insurance Trade Unions (IFBITU) had been resolved and that the IFBITU was now an affiliate member of the Confederation of Ethiopian Trade Unions. Concerning the amendments to the Labour Proclamation, Ethiopia had fully committed itself to bring its legislation into conformity with the provisions of ratified Conventions. He noted that the issue of the cancellation of registration of unions had already been resolved and that the power to cancel the registration of such organizations had been vested exclusively in the Ethiopian courts. The Government would notify the Office as soon as this amendment was adopted.

In connection with the issue of the right to organize of civil servants, including teachers, progress had been made in this area. The Federal Constitution and the Ethiopian Civil Code fully guaranteed the right to form trade unions and the right to collectively bargain. What had been lacking previously were procedures and regulations determining the manner in which civil servants exercised these rights. These procedures and regulations had been under consideration for a long time and were now finalized. He again informed the Committee that these procedures might well be adopted by the end of this year. The Government representative assured the Committee that his Government would submit reports on the follow-up measures requested by the Committee of Experts and the Conference Committee before the end of 2000 and reiterated that his Government would continue to extend its full cooperation to the ILO supervisory mechanisms. He reaffirmed Ethiopia's strong commitment to the fundamental principles of the ILO.

In response to comments made by the Worker members, the Government representative affirmed his Government's commitment to report to the Committee of Experts before its next session on the application of the Convention in practice, including providing detailed responses to all the issues raised in the Committee of Experts' comments and providing evidence of tangible progress made in amending the legislation concerned to bring it into conformity with the Convention. He noted the problem with the issue of the right to strike, concerning essential services, but maintained that the moment was not propitious to finding a solution. Ethiopia was attempting to obtain information from other countries on their experiences in this regard and might not have completed its study within the next six months. However, he agreed to provide a detailed report to the Committee of Experts on all concrete progress made in this regard.

The Worker members referred to what they had said in their first statement on the need for a special paragraph, since they noted that the Government representative had not given any prospect for future action to be taken by Ethiopia. It was necessary to make progress in a case which had been at a standstill for years. While recognizing that this case had some complex aspects that could not be resolved overnight but on which the Government apparently was working, notably the problem related to the essential services, the Worker members nevertheless wished to see evidence of the Government's commitment.

The Worker members did not agree with the Government representative that the union members and leaders mentioned were "former members" of the Ethiopian Teachers' Association, but rather considered them the leaders of that union who had wrongfully been pushed out of their jobs. Moreover, it was not enough for the Government to provide information on the legal proceedings against Dr. Woldesmiate. The Worker members wanted the Government to provide specific responses on the issues regarding the lack of due process in Dr. Woldesmiate's trial raised in the proceedings before the Committee on Freedom of Association. The Worker members also requested responses from the Government on the issues raised in the interim recommendations of the Committee on Freedom of Association regarding the release of detained members and leaders of the union, as well as reinstatement and compensation for those union members and leaders dismissed from their jobs.

The Worker members requested the Government to provide responses to the Committee of Experts before the end of the year on three main points. First, they requested detailed responses regarding Ethiopia's application of the Convention in practice. Second, they requested the Government to report to the Committee of Experts before the end of the year on measures taken to bring the law into conformity with the Convention. They noted the Government representative's statements that Ethiopia was not opposed to establishing the possibility of trade union pluralism subject to the opinions of employers' or workers' organizations. On this point, however, the Worker members concurred with the Employer members, noting that regardless of the opinions of the social partners, the Government was required to bring its legislation into conformity with the Convention. The Worker members wanted nothing more nor less than to hear that the Government had complied with its obligation in this regard. As to the issue of the cancellation of the registration of trade unions, the Worker members requested the Government to report to the Committee of Experts in detail on the manner in which this problem was resolved. In addition, with regard to the right to strike and the definition of essential services, the Worker members noted that the Government was conducting a comparative study on this issue. The report provided should nevertheless reflect the progress made in this area and should identify the technical assistance needed from the multidisciplinary advisory team in Addis Ababa. The Worker members would consider it acceptable if the report provided evidence of compliance on the first two points and evidence of progress on the third point.

In response to comments made by the Government representative, the Worker members stressed that, since the Government was apparently close to amending its legislation, it should be able to report tangible progress in this regard. In light of the Government's undertaking to provide before December next full and detailed reports on the three points mentioned, including evidence of compliance with the Committee of Experts' requests, the Worker members agreed to defer consideration of a special paragraph.

The Employer members found that the issues in the case were quite clear. With the exception of the question of the right to strike, which they viewed in a different light from the Worker members, all of the other matters raised by the Committee of Experts required amendments to the legislation and changes in national practice. They regretted that the statement by the Government representative had been rather vague and unclear. In particular, his position on trade union pluralism, and his statement regarding its dependency on tripartite consultation, was simply inappropriate. The Government should provide a detailed reply addressing all the points raised by the Committee of Experts, which could assess whether the Government was prepared to amend its law and practice. The Government should be sent a very urgent reminder that action was required to give effect to the Convention, and not merely promises. A clear and precise report should therefore be supplied promptly, which could provide a good basis for the Committee to discuss the case once again next year.

The Committee noted the statement made by the Government representative and the discussions which took place thereafter. The Committee shared the serious concern of the Committee of Experts with regard to the trade union situation, and in particular in relation to the Government's interference in trade union activities. The Committee was deeply concerned by the fact that a serious complaint remained pending before the Committee on Freedom of Association concerning government interference in particular with the functioning of the Ethiopian Teachers' Association and the detention of its president since May 1996, as well as the arrest, detention, dismissal and transfer of other leaders and members. It recalled that the Committee of Experts had requested the Government to indicate the precise provisions permitting teachers' associations to promote the occupational interests of their members and to provide information on the progress made in adopting legislation to ensure the right to organize for employees of the state administration. It also recalled the concern raised by the Committee of Experts about the cancellation of the registration of a trade union confederation, as well as broad restrictions placed on the right of workers' organizations to organize their activities in full freedom. The Committee strongly urged the Government to take all the necessary steps as a matter of urgency to ensure that the right of association was recognized for teachers to defend their occupational interests, that workers' organizations were able to elect their representatives and organize their administration and activities free from interference by the public authorities and that workers' organizations were not subject to administrative dissolution, in accordance with the requirements of the Convention. It urged the Government to respect fully the civil liberties essential for the implementation of the Convention. It recalled that the International Labour Office was at the Government's disposal to provide the technical assistance which might be necessary to assist in overcoming obstacles to the full application of the Convention. The Committee took note of the statement of the Government representative committing itself to changing the legislation and bringing it into conformity with the Convention. The Committee requested a report before the end of this year about the last question in the observation of the Committee of Experts. The Committee urged the Government to supply detailed and precise information on all the points raised in its report due this year to the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention, both in law and in practice. The Committee expressed the firm hope that it would be able to note concrete progress in this case next year.