Report in which the committee requests to be kept informed of development - Report No 348, November 2007

Case No 2449 (Eritrea) - Complaint date: 26-SEP-05 - Closed

Allegations: The complainant organizations allege that three senior trade union executives have been arrested by police and security forces in March and April 2005. They have been detained incommunicado and without charges since then; they have not been allowed access to legal counsel; and the authorities refuse to give any information on their whereabouts and the reasons for their arrest

620. The Committee last examined this case at its November 2006 meeting and on that occasion submitted an interim report to the Governing Body [see 343rd Report, paras 689–704, approved by the Governing Body at its 297th Session (November 2006)].

1. 621. The Government sent new observations in a communication dated 23 April 2007, received by the Office on 15 June 2007.
2. 622. Eritrea 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. 623. At its November 2006 meeting, the Committee,
2. Noting that three trade union leaders, Messrs Tewelde Ghebremedhin, Minase Andezion and Habtom Weldemicael, had been arrested over one year ago and that no information had since been made available in respect of the reasons for their arrest and the charges brought against them, deeply deplored the failure by the Eritrean authorities to ensure observance of the fundamental human rights of these three trade union leaders to be informed of the charges brought against them, to have access to legal counsel and to be brought without delay before the appropriate judge. The Committee firmly urges the Government to take the necessary measures for the immediate release of these three trade union leaders. It further urges the Government to submit all relevant information, as precise as possible, concerning the arrests, particularly on the reasons for their arrest, charges brought against them, legal or judicial proceedings as a result thereof and the outcome of such proceedings.
3. B. The Government’s reply
4. 624. In its communication dated 23 April 2007, the Government informs that the three trade union leaders, namely, Mr Minase Andezion of the Eritrean Textile, Leather and Shoe Workers’ Federation, Mr Tewelde Ghebremedhin of the Eritrean Food, Beverages, Hotels, Tourism, Agriculture and Tobacco Workers’ Federation and Mr Habtom Weldemicael of the Coca-Cola base union, were released on 3, 7 and 18 April 2007 respectively and that there were no pending charges against them. The Government further indicates that the National Confederation of Eritrean Workers was taking the necessary measures to reinstate these persons.

C. The Committee’s conclusions

1. 625. The Committee recalls that the present case concerns the arrest of three trade union leaders and their detention since March and April 2005.
2. 626. The Committee welcomes the information provided by the Government that Messrs Minase Andezion, secretary of the Eritrean Textile, Leather and Shoe Workers’ Federation, Tewelde Ghebremedhin, chairperson of the Eritrean Food, Beverages, Hotels, Tourism, Agriculture and Tobacco Workers’ Federation, and Habtom Weldemicael, chairperson of the Red Sea Bottlers Coca-Cola Workers’ Union, were released on 3, 7 and 18 April 2007, respectively.
3. 627. The Committee deeply regrets, however, that the Government provides no particulars on the reasons for their arrest and two-year detention, the charges brought against them or whether they had at any time been brought before an independent and impartial judiciary. In view of the failure of the Government to provide sufficient information despite the complainants’ contention that they were arrested and detained on grounds related to their trade union activities and the Committee’s previous request to this effect and from the information available to it, the Committee can only infer that the arrest and detention of the three trade union leaders were in fact linked to their trade union activities. The Committee considers that, while the exercise of trade union activity or the holding of trade union office does not provide immunity as regards the application of ordinary law, the continued detention of trade unionists without bringing them to trial may constitute a serious impediment to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 82]. While noting with interest the release of the three trade union leaders, the Committee considers that, when measures of arrest and detention are taken on trade union grounds, the mere release of trade union leaders after two years of detention is not in itself sufficient and must be accompanied by an appropriate remedy for the damages suffered. While taking note of the Government’s indication that the National Confederation of Eritrean Workers was taking the necessary measures to reinstate the three trade union leaders, the Committee urges the Government to provide any necessary assistance for the reinstatement of Messrs Minase Andezion, Tewelde Ghebremedhin and Habtom Weldemicael in their posts and to ensure that they are adequately compensated for the damages which they have suffered during their two-year detention. The Committee requests the Government to keep it informed of all steps taken in this regard. The Committee also requests the Government to refrain from arresting trade union leaders in the future.

The Committee's recommendations

1. 628. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • In view of the failure of the Government to provide sufficient information concerning the two-year detention of the three trade union leaders in this case, despite the complainants’ contention that they were arrested and detained on grounds related to their trade union activities and the Committee’s previous request to this effect and from the information available to it, the Committee can only infer that the arrests and detention of Messrs Minase Andezion, Tewelde Ghebremedhin and Habtom Weldemicael were in fact linked to their trade union activities. In these circumstances, the Committee urges the Government to provide any necessary assistance for the reinstatement of the three trade union leaders in their posts and to ensure that they are adequately compensated for the damages which they have suffered during their two-year detention. The Committee requests the Government to keep it informed of all steps taken in this regard. The Committee also requests the Government to refrain from arresting trade union leaders in the future.