Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

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

A Government representative welcomed the opportunity to engage with the Committee in a spirit of constructive dialogue and tripartism. He assured the Committee and the social partners of his Government's full cooperation and wished to present some of the measures taken to ensure the fullest implementation of Convention No. 87.

He recalled that Ethiopia was one of the oldest African members of the ILO and was party to all the fundamental Conventions. The Government had always understood and shown unwavering commitment to the premise that ratification was only the first aspect of a state's obligation in implementing ILO norms and standards. All the ILO Conventions that had been adopted by Ethiopia were therefore an integral part of the Ethiopian legal system, in accordance with articles 9 and 13 of the Ethiopian Constitution. The Constitution also contained a panoply of entitlements, most of which had a direct bearing on workers' rights.

In responding to the allegation that Ethiopian law limited the right to organize of certain categories of workers, he quoted article 42, paragraph 1, of the Constitution, which covered a wide variety of workers who enjoyed the right to form associations to improve their conditions of employment and economic well-being. The Government had also taken additional measures to ensure the compatibility of legislation promulgated before the adoption of the Constitution in 1996 with constitutional norms. One such law was Labour Proclamation No. 42, adopted in 1993. The Government had also taken specific steps to ensure the compatibility of such proclamations with the Constitution, thereby ensuring that the right to organize was protected both in law and in practice. Thus, Labour Proclamation No. 42 had been amended in 2003, and a new Labour Proclamation No. 377, had been adopted in an attempt to fill the gaps left by the previous proclamation.

He recalled that the Conference Committee had recommended that, during Ethiopia's reform process, a specific national legislative regime be designed in order to allow the diversification of trade unions in an enterprise. The current system was thus responsive and responsible. In that same spirit, the Government was continuing its reform efforts to ensure the compatibility of legislation with the Constitution and with the State's international obligations. The Federal Civil Service Agency had continued to review federal legislation with view to providing further and additional guarantees to the categories of workers mentioned in the Committee of Experts' observations.

He then supplied information relating to allegations concerning the Ethiopian Teachers' Association (ETA), particularly those regarding the detention of some of its members, the alleged closure of its office and the alleged confiscation of the association's property and documents. He said that there were currently two Ethiopian teacher associations in the country. Both claimed to be the legitimate successor of the old ETA that had existed since 1949. The existence of multiple professional associations in one sector should have been a normal state of affairs, but it had become an intensely contested legal matter because the two associations were claiming the same legal identity, membership and facilities. He said that the allegations that the Government was supporting one ETA over the other, detaining members of the other association and confiscating its property were utterly false and unfounded.

He recalled that several cases had been brought to the attention of the Committee while the self-styled communist junta had been in power. Although it had created the Worker's Party of Ethiopia in 1987, that Government had also effectively dissolved en masse professional associations, including the ETA. It had disbanded the Confederation of Ethiopian Labour Unions and replaced it with the All Ethiopian Trade Union (AETU), which was effectively under its control. It had closed down the ETA's offices in 1975 and officially confiscated its property in 1979.

When the military junta had been overthrown in 1993, teachers countrywide had attempted to create an institution that would represent them rather than be an ideological tool of the State. To that end, they had established a national coordination team, the members of which were elected from all over the country. The new ETA had officially been launched in 1994. It had been given a certificate of registration to be renewed annually following presentation of its financial and activity report. This association currently had tens of thousands of members from all over the country, who contributed membership dues. The allegation that the Government had illegally transferred ETA union funds was simply baseless.

Following the establishment of the ETA, a group, led by a former member of the military government, Dr Taye Woldesemayat, had tried to resurrect the old ETA, disrupt the already established association and impose their will on others. They had set up their own office, which was still running at present, despite allegations that the Government had closed it down. The group had assumed the name ETA, continued to organize meetings, and had corresponded with international organizations in the name of ETA. However, not once had the group sought to be recognized by the Government authorities entrusted with registering associations.

Given the situation, the recognized ETA had sought a court ruling on the matter. On 27 November 2006, the Federal Supreme Court, while ruling on procedural issues, had ordered the High Court to decide on the merits of the case. The Committee on Freedom of Association was being provided with that communication, even though the Government was not even a party to the case in question. Nevertheless, he requested the Conference Committee to play a constructive role in helping the judicial process to run its course.

Regarding the allegation of arrests of ETA members, including the Chairperson of ETA's Addis Ababa office, Mr Kassahun Kebede, the Government acknowledged that some members of the ETA had indeed been arrested owing to their alleged direct involvement in violence that had occurred following the May 2005 elections in Ethiopia. The Independent Inquiry Commission had established that schools were the primary targets of the violence that had claimed the lives of 193 innocent civilians and dozens of law enforcement officers. Nevertheless, the Government vehemently rejected the allegation that the arrests were related to the exercise by teachers of their right to organize and associate. The individuals, including Mr Kassahun Kebede, had been arrested because they had allegedly violated provisions of the Federal Criminal Code through their direct involvement in violence that had led to the destruction of innocent life and public property, and severely endangered national security.

The detention and trial processes had scrupulously followed constitutional provisions and international standards. Family members, medical personnel, religious personnel, NGO members, members of the national Human Rights Commission and lawyers had all had access to the teachers. Furthermore, the detainees had been visited by international human rights institutions and personalities, including the High Commissioner for Human Rights. Thus, the allegation that the detainees, including the few teachers, had been prevented from meeting their lawyers was clearly untrue.

The trial process had also met accepted international human rights standards, and was being observed by international legal observers, including the European Union and Amnesty International. The High Court, which was considering the matter, had started to hand down rulings. For example, following consideration of the extensive evidence presented by the Federal Prosecutor, the High Court had ruled on 10 April 2007 that the individuals concerned, including Mr Kassahun Kebede, had no case to answer. The Government was happy to provide the Committee with the documents pertaining to that judgment. There were currently no teachers in custody.

The Government had already sent a note verbal to the ILO on 23 May 2007, stating that a thorough investigation into the allegations would be required to enable it to respond. Although the Government believed that most of the charges were baseless and inaccurate, it assured the Committee that it would leave no stone unturned in its investigation of the matter and would respond as promptly as possible.

The Employer members recalled that the case of the application of Convention No. 87 by Ethiopia had been examined by the Committee on nine occasions since 1987, the last of which was in 2003.

The lack of conformity with the Convention arose partly from certain provisions which prevented the free exercise of the right to organize by certain categories of workers. The exceptions envisaged in the Convention only covered members of the police and the armed forces, and did not therefore apply to teaching personnel in the public or private sectors, nor to public officials. They recalled that the Labour Proclamation of 1993 excluded teachers from its scope of application and allowed for the possibility of the administrative dissolution of trade unions or prior authorization for their establishment. For this reason, in 2003 the Government had been urged to bring the provisions of the Proclamation into conformity with the Convention. ILO technical assistance had been offered and the Government had been urged to guarantee the exercise of the right to organize by teachers and public officials. The Proclamation had been amended in 2003, removing the exclusion of teachers, but only in the private sector. In practice, the exclusion continued to cover teachers in the public sector and other categories of public officials. Furthermore, although the amendments had removed the requirement for direct authorization and the possibility of the administrative dissolution of workers' organizations, the power had been retained to cancel the registration certificate of organizations that were prohibited under the Labour Proclamation. In practice, this possibility could amount to a new restriction that was contrary to Convention No. 87.

The Committee of Experts had also raised the practical issue of unlawful interference in the activities of teachers, and particularly the detention of the Chair of the ETA in November 2005, the closure of trade union offices, the confiscation of documents, the freezing of assets, the arrest of teachers and detention of other teachers and other persons, and the emergence of a new trade union organization with the same name.

The Government indicated that it had responded adequately to these allegations and that the detention of the trade union leader was related to his political rather than his trade union activities. If these events were based exclusively on the legitimate exercise of trade union activities or membership of an organization considered to be unlawful because it did not lie within the scope permitted by the Labour Proclamations of 1993 or 2003, that would constitute another violation of the Convention. It was necessary for the Government to provide detailed information on these matters and on the membership and conditions relating to the establishment of the new trade union organization in the teaching sector so that they could be verified.

The Employer members considered that, despite certain progress in terms of the legislation, there was too much evidence of repeated failure to comply with the Convention, particularly in practice. They wondered whether the Government was in a position to provide detailed information on the measures adopted to achieve fuller compliance with the Convention in practice and on the acts of interference to which reference had been made.

The Worker members recalled that between 1998 and 2003 the Committee had examined the case of Ethiopia at each of its sessions. It was the time to verify whether progress had been achieved since then. The statement by the Government representative led to the belief that the situation had improved considerably, which the Worker members had also believed until very recently. Last week, however, trade unionists had been arrested once again. The Government was engaging in doublespeak. On the one hand, the Government representative spoke of the commitment to engage in dialogue with the trade unions while, on the other, the intimidation and detention of trade union members continued.

Regarding the restriction of the right to organize of teachers, they indicated that teachers in the private sector had the right to form unions and to bargain collectively. The right of association of teachers in the public sector was considerably limited. According to the Government, teachers employed in the public sector also enjoyed the right to form professional associations. In a communication sent to the ILO on 1 June 2006, the Government had indicated that the Civil Agency was studying the manner in which public officials could form unions. It would be interesting to obtain information concerning this study.

According to the Government, there existed two professional associations of teachers in the public sector. In its observation, the Committee of Experts referred to the ETA and the Confederation of Ethiopian Trade Unions (CETU). However, the Worker members believed that the Committee of Experts had confused the two organizations. The CETU was the national centre to which the organizations of teachers could not affiliate because teachers in the public sector did not have the right to organize.

The two associations mentioned by the Government had the same title, namely the ETA. In 1993, the procedure for the registration of civil society organizations had been modified and the ETA had had to renew its registration with the Ministry of Justice. It had then been found that another organization bore the same name. The new organization had initiated judicial proceedings to claim the ownership of the buildings and the financial assets of the original organization. The case was still before the court. The Supreme Court of Ethiopia had however rejected the explanation of the Ministry of Justice that the original ETA had been dissolved, as the general assembly of the original ETA had never dissolved the organization. Under Article 4 of Convention No. 87, employers' and workers' organizations shall not be liable to be dissolved or suspended by administrative authority. Unfortunately, the ruling of the Supreme Court of Ethiopia had never been executed. The buildings of the ETA were currently under seal and its assets frozen. In addition, union dues of the members of the original ETA had been redirected to the new organization.

The ETA had been subject to permanent interference from the Government. Meetings had been interrupted by the armed forces; activities for World Teachers' Day had not been able to take place in 2003, 2004 and 2005; and documents and electronic equipment had been confiscated. The organization was therefore no longer able to carry out its activities and defend the interests of teachers. The Government claimed that only one ETA organization existed and would no longer engage in dialogue with the members of the original organization. Since April 2003, several members of the original ETA had been dismissed, transferred, detained or maltreated. Others had received threats aimed at making them cut their contacts with the original ETA. The Chairperson of the Addis Ababa branch of ETA had been detained for 17 months and had been released in March 2007. In December 2006, three trade union leaders had been arrested and, on the day of their trial, it was obvious that they had been subjected to ill-treatment. They had been released in April 2007 but, just before the beginning of the Conference, the Worker members had been informed that the three leaders of the original ETA had been arrested once again.

With regard to the situation of journalists and freedom of the press in Ethiopia, it had to be emphasized that freedom of association was no longer possible for Ethiopian journalists. The leaders of their associations had to go into hiding or exile, for example in Kenya. In a report dated 2 May 2007 on the protection of journalists, Ethiopia was cited as the country in which freedom of the press had deteriorated the most during the past five years.

The Worker members said that it was clear that the Government was trying to control all civil society organizations, in particular by imposing leaders on those organizations.

An observer representing Education International emphasized that the application of the 1948 Declaration of Human Rights and ILO Convention No. 87 was intrinsic to any self-respecting government of any nation, but particularly a developing nation that described itself as being in the process of democratization, a country with high levels of poverty, in which there were 15 million of the world's 120 million children who did not go to school, and which was the origin of one of the oldest civilizations. Instead, the reality was unremitting harassment and intimidation, including being warned to stay away from the ETA, being followed, having identification documents confiscated, arbitrary arrest and even torture.

The ETA was a most reliable, well-organized and representative teachers' organization. It was a professional association under current legislation, functioned according to trade union principles and was independent and democratic. Despite having its General Assembly in August 2006 closed down by security forces and all its records of members confiscated, the ETA had nevertheless managed to complete the selection of a new executive board and therefore maintained its mandate from members. The organization had a constitution and a code of conduct that stipulated no engagement in partisan politics by any member or in the name of the organization. The ETA had been founded in 1949 and registered with the Ministry of the Interior in 1968. It was to be noted that the registering body changed to the Ministry of Justice in 1993. Since that time, there has been continued litigation, with offices remaining closed, bank accounts frozen and dues forcibly channelled to the other ETA, which had been formed in 1993. The rulings of the Supreme Court in that regard had never been implemented.

The ETA continued to function despite the adverse conditions and to engage in Education International programmes. It sought to function independently of the Government as an autonomous and democratic trade union that could use its resources, energies and skills to further human and therefore social and economic development for Ethiopian society, through education.

For many years, the ETA and Education International had sought opportunities to engage in dialogue with the Government and had recently thought that they were making progress. At the same time, however, the organizations had protested in the strongest terms about human and trade union rights abuses. Those approaches were not contradictory. She went on to draw attention to the arrest of teachers and ETA officials and the Government's obstruction of a subregional conference on professional ethics that Educational International had sought to hold in Addis Ababa in April 2007. However, the Government had refused to allow the conference to take place without a prior meeting to address the mistrust between itself and Education International. The Government used fear and intimidation, and wanted to impose its agenda, not only on the ETA, but also on Education International. The ETA and Educational International were willing to work with the Government, but not at the cost of human and trade union rights, including freedom of association and the right to organize.

She concluded by calling for the following: the release of three jailed teachers and one that had disappeared; the cessation of arbitrary arrest, torture and harassment; and correct use of the justice system. She also called for implementation of Conventions Nos 87 and 98 and for the ETA to be allowed to exist and function as a teachers' trade union. Education International believed that teachers were being targeted because they were members of the ETA and that they were being denied the right to organize. She firmly rejected the claim that the ETA was composed of members of the previous military junta.

The Worker member of Botswana commended the work of Education International. He said that teacher members of the ETA had been dismissed, involuntarily transferred and arbitrarily detained and he enumerated several events that had taken place between 2002 and the present day in which hundreds of ETA members had been harassed, dismissed, tortured and jailed. Detained teachers were sometimes imprisoned in jails far away from where their families were living. While in detention, the teachers were not paid, although their families were dependent on their income. It was also unusual for arrested teachers to be reinstated after their release.

Prominent ETA activists and elected officers were also harassed, intimidated, arrested and even tortured. Citing the examples of three ETA officers, Tilahun Ayalew, Anteneh Getenet and Meqcha Mengistu, he explained that no arrest warrant had been produced in the early days of their detention; they had been refused access to a lawyer and to medical assistance; and they had been detained incommunicado. Another such case was that of the Chairperson of the ETA Addis Ababa branch, Kassahun Kebede, who had spent 17 months in prison on charges of misusing the association outside its objectives and inciting violence. The Government was also stubbornly refusing to admit that 11 people had been killed, including the Deputy General Secretary of the ETA, Assefa Maru, who had been shot dead on his way to the union's premises in 1997. No investigation had ever been carried out into the circumstances of his murder.

He added that this long list of examples proved that teachers were systematically discouraged from becoming affiliated to the ETA. Nevertheless, the ETA wished to engage in dialogue with the Government of Ethiopia because it sought to contribute to improving education in the country. He said that the Workers' group hoped that the Government of Ethiopia would open up avenues for dialogue on education policy matters or for consultations and negotiations with the ETA, which had been created in 1949.

The Worker member of Swaziland recalled that Ethiopia had ratified Convention No. 87 more than four decades previously and had therefore had ample time to incorporate its provisions into domestic legislation and to apply them in spirit, law and practice. In becoming a Member of the ILO, a government chose to accept the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principle of freedom of association.

He said that the Ethiopian Government had arbitrarily: occupied ETA offices; searched and confiscated ETA documents and electronic equipment; frozen the ETA's financial assets; detained and arrested ETA leaders and members; redirected ETA dues to another union; and attempted to dissolve the original ETA. All such acts were gross violations of Convention No. 87. Public servants and teachers were being denied the right to form professional associations and were not accorded the rights enshrined in the Convention. And yet, it was a fundamental principle of the ILO that the right to adequate protection of trade union property was a civil liberty that was essential for the normal exercise of trade union rights. Furthermore, the Committee on Freedom of Association had emphasized that the arrest and detention of trade unionists, even for reasons of internal security, could constitute a serious interference with trade union rights unless accompanied by appropriate judicial safeguards.

A thematic response was still awaited from the Ethiopian Government on the questions raised by the Committee of Experts. He therefore called on the Conference Committee to implore the Government to: unconditionally release those it was holding or charge and prosecute them without delay; return all ETA assets; cease occupation of ETA offices and return its documents and electronic equipment; with the utmost urgency, put in place a labour law allowing public servants to exercise fully the rights enshrined in Convention No. 87; stop redirecting dues and return all unlawfully redirected dues; and obtain from the Office any technical assistance that it might require.

The Government representative thanked all those who had contributed to the important debate, which was vital for the future that his Government wished to create in Ethiopia. Ensuring the fullest implementation of ILO standards was crucial for the entrenchment of good governance and the protection of human rights. That was the understanding that underpinned his Government's close relationship with the ILO and its supervisory mechanisms.

He said that a lot had happened since the publication of the report by the Committee of Experts and reiterated that his Government had supplied the Committee on Freedom of Association and the ILO with all the information at its disposal. In a letter to the Office dated 23 May 2007, it had even requested additional time for further investigation of the many allegations contained in the original communication. The Government had notified the Office of the release of all the arrested teachers following the ruling by the Federal High Court. It had also provided a copy of the letter, written by the Secretary-General of Education International to the Ethiopian Prime Minister, H.E. Meles Zenawi, expressing satisfaction at the release of the teachers and their rapid reinstatement in their posts. The Government believed that the gestures that it had made and the various measures it had taken merited endorsement by the Committee along with a decision not to take the matter further.

Even though the issues raised regarding the application of general human rights in Ethiopia drew his greatest sympathy, he strongly contested their relevance to the present forum and its clearly defined mandate. He said that the Ethiopian Government was led by people who had given their lives to the fight against the worst dictatorship in Africa. The Government was leading a country heavily burdened with, inter alia, poverty, tough neighbourhoods and a lack of capacity. Nevertheless, the country was trying to rise from the ashes. Its economy was growing at an annual average of 9 per cent which, if it continued for the next five years, would help Ethiopia meet its critical Millennium Development Goals earlier than the target of 2015. About 90 per cent of primary-school age children attended schools, whereas only a decade ago that figure had only been 40 per cent. The Government was investing heavily to improve the education sector and the conditions of teachers.

Ethiopia had also made strides in other aspects of human rights. There were now over 100 opposition members in its Parliament, whereas five years ago there had only been 12. Over 30 per cent of the ruling party's members of Parliament were women. There was an active National Human Rights Commission, an Office of the Ombudsman and an Anti-Corruption Commission. He admitted, however, that many challenges remained and stressed that the Government was open and would be transparent in addressing those problems together with partners.

Returning to the issue of the ETA, he said that it was not true that the Government had closed the ETA's office - both associations of that name still had an office. He expressed regret at the intervention by the representative of Education International, noting that the organization's Secretary-General clearly spoke one language and his representative another.

The Employer members recalled that Convention No. 87 set out a right, freedom of association, which was applicable to all workers irrespective of whether they were in the public or the private sector. Although certain progress had been made with the 2003 amendment to the legislation, the lack of conformity between national legislation and the provisions of the Convention was a matter of concern. Even more relevant was the alleged persistence of action which could be considered interference in the exercise of trade union rights, or at least the lack of sufficient information to explain the reason and context in which such action had occurred. Finally, they urged the Government to adapt its legislation to the requirements of the Convention, to refrain from acts of interference in the free exercise of trade union activities and to provide detailed information to the Committee of Experts on these matters.

The Worker members said that they had listened to the statements by the members of the Committee and the response of the Government representative and they wished to make the following remarks. In Ethiopia, the right to organize of teachers in the public sector was limited. The Government should therefore provide information on the study which was to have been carried out on the establishment of professional associations of public officials. The Worker members reiterated their concerns with regard to the situation of the original ETA, and particularly the interference in its activities and the continued threats, arrests, detentions and violence against its leaders and members.

In view of the Worker members, the time had come for the Government to give up its doublespeak and to engage in true dialogue with workers' organizations. The members of the original ETA should be released immediately and the original organization should once again be allowed to defend the trade union rights of teachers without any interference. That implied that its property and assets should be returned. As the Government did not seem to recognize the current situation as described in the letter of the Secretary-General of Education International, the Worker members proposed that a direct contacts mission should be carried out in the country and hoped that the Government would accept such a mission.

The Government representative, in response to allegations that new arrests had occurred the previous week, said that he was unaware of the basis of such allegations. Those making the allegations had not provided any details about the events, such as the names of those concerned and the places of detention. He requested time to be able to consult his capital so as to be able to respond, and reiterated his Government's willingness to engage in dialogue with the ILO supervisory bodies.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee recalled that the comments of the Committee of Experts referred to comments emanating from international workers' organizations which alleged a number of serious violations of the Convention, in particular as regards the trade union rights of teachers and including limitations on their right to organize, creation of a government-controlled union, closing and occupation of offices and freezing of financial assets, sentencing and detention of union members. The Committee of Experts' comments also referred to legislation which still restricted the right to organize of public servants.

The Committee noted the information provided by the Government according to which the Federal High Court ruled in April 2007 that there was no case against Mr Kedebe, Chairperson of the ETA Addis Ababa Office, and others who had been brought before the court. According to the Government, following this decision, no teachers were presently being detained in Ethiopia.

While welcoming the news of acquittal and release of Mr Kedebe and his colleagues, the Committee expressed its deep concern over the new allegations made relating to recent arrests of trade unionists and continuing mistreatment, intimidation and interference. It called on the Government to look into these recent allegations and, if they prove to be true, to ensure the immediate release of any newly detained teachers.

The Committee expressed the firm hope that appropriate steps would be taken to ensure that teachers are fully guaranteed their right to organize and to carry out legitimate trade union activities both in law and in practice without government interference, and that they would no longer be subjected to detention or imprisonment for exercising their rights guaranteed under the Convention. Given that the Committee of Experts has been making comments concerning the non-application of the Convention over many years, and in light of the Government's expression of its desire to continue fully cooperating with the ILO, the Committee requested the Government to accept a direct contacts mission. It requested the Government to provide detailed information to the Committee of Experts on all steps taken in this regard in its report due in 2007 and expressed the firm hope that it would be in a position to note tangible progress in this regard next year.