Allegations: The complainant organizations allege serious violations in the ETA’s
trade union rights including continuous interference in its internal organization preventing
it from functioning normally, and interference by way of threats, dismissals, arrest,
detention and maltreatment of ETA members
- 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)].
- 467. The Government sent its observations in a communication dated 8
March 2013.
- 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
A. Previous examination of the case- 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
B. The Government’s observations- 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.
- 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.
- 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.
- 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.
- 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
C. The Committee’s conclusions- 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].
- 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).
- 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.
- 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.
- 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].
- 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.
The Committee’s recommendations
The Committee’s recommendations- 481. In the light of its foregoing conclusions, the Committee invites the
Governing Body to approve the following recommendations:
- (a) The Committee,
encouraged by the commitment undertaken by the Government in the Joint Statement,
firmly expects that 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.
It requests the Government to keep it informed in this respect.
- (b)
Encouraged by the Government’s commitment to continue to make every effort to
address these issues as a matter of priority 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. It requests the Government to
keep it informed in this respect.
- (c) The Committee urges the Government
once again to:
- (i) provide it with the reports of the various investigations
into the allegations of torture and maltreatment of the detained
persons;
- (ii) 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; and keep it informed in this
respect;
- (iii) conduct an independent investigation into the allegations
of harassment of seven trade unionists which occurred between February–August
2008 and provide a detailed reply as to its outcome;
- (iv) provide
relevant and detailed information in respect of the alleged dismissal and denial
of reinstatement of Mr Wondwosen Beyene; and
- (v) supply without delay a
copy of the findings and conclusions of the disciplinary committee in the case
of Ms Demissie.
- (d) 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.
- Signed, this day 16 May 2013
(Signed) On behalf of the
Government of
Ethiopia | (Signed) On behalf of the International Labour
Organization |
| |
| |
H.E. Mr Abdulfatah
Abdullahi
Minister, Ministry of Labour
and Social Affairs | Ms Cleopatra Doumbia-Henry Director, International Labour
Standards Department |
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