Informe provisional - Informe núm. 316, Junio 1999

Caso núm. 1888 (Etiopía) - Fecha de presentación de la queja:: 06-JUN-96 - Cerrado

Allegations: Death, detention and discrimination of trade unionists, interference in the internal administration of a trade union

1. 465. The Committee previously examined the substance of this case at its November 1997 and June 1998 meetings, presenting an interim report to the Governing Body in both instances (308th Report, paras. 327-347; 310th Report, paras. 368-392).
2. 466. Since the most recent examination of this case, the complainants have submitted new allegations and additional information in communications dated 29 September and 20 October 1998. The Government has forwarded its further observations in communications dated 24 February and 5 March 1999. Translations of a number of the relevant court decisions and orders were forwarded by the Government in a communication of 31 March 1999.
3. 467. Ethiopia has ratified both 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. 468. During the course of its previous examinations of this case, the Committee addressed very serious allegations of violations of freedom of association, in particular the Government's refusal to continue to recognize the Ethiopian Teachers' Association (ETA), the freezing of its assets and the killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials. The Committee expressed its grave concern due to the extreme seriousness of the case and urged the Government to cooperate in furnishing the Committee with a detailed response to all the questions posed by the Committee.
2. 469. At its June 1998 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee deeply deplores the fact that the Government has provided the Committee with only a general and partial response, refusing or neglecting to reply in detail to the specific questions posed by the Committee in its earlier recommendations, and strongly urges the Government to cooperate in furnishing the Committee with a detailed response to all the questions posed by the Committee.
   • (b) The Committee deeply regrets that the Government has not provided any information regarding the decision of the Court of Ethiopia concerning the recognition of ETA and its intention to comply with it, as previously requested; the Committee strongly urges the Government to comply with the decision of the Court, and unfreeze the organization's assets, and requests to be kept informed of action in this regard. The Committee further requests the Government to keep it apprised of the status of the appeal and to forward to it a copy of the decision once it has been rendered.
   • (c) The Committee again requests the Government to provide information regarding the arrests and detention of Dr. Woldesmiate, in particular the dates of the arrests, the date on which charges were laid, and the facts upon which the charges were based.
   • (d) Deploring the fact that Dr. Woldesmiate has been detained since May 1996, the Committee strongly urges the Government to ensure that he is either released, or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for his defence.
   • (e) Concerning the allegations of detention and harassment of ETA members and leaders, the Committee again considers that the Government's reply is unsatisfactory, being extremely general in nature. The Committee strongly urges the Government to ensure that any ETA members who are still being detained are released or brought to trial without delay before an impartial and independent judicial authority, enjoying all the guarantees necessary for their defence. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
   • (f) The Committee reiterates its request that the Government consult with ETA on the matter of the introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination.
   • (g) The Committee strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits.
   • (h) Regarding the death of Mr. Assefa Maru, ETA Assistant Secretary for Development and Cooperation and Executive Council member, given the extremely serious nature of this allegation, the Committee must again strongly urge the Government to ensure that an independent judicial inquiry is carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.

B. New allegations and additional information

1. 470. In their communications of 29 September and 20 October 1998, the complainants indicate that the harassment, repression and intimidation of the ETA has continued and has in fact worsened since the Committee last examined the case. The complainants assert that the Government has taken further action to crush the legitimate ETA.
2. 471. On 28 July 1998, at EI's second world congress, imprisoned ETA President, Dr. Taye Woldesmiate, and murdered Assistant Secretary, Assefa Maru, were awarded the Education International Human and Trade Union Rights Award. The award is presented to a union leader or activist who has undertaken courageous and exemplary action to defend and promote trade union rights.
3. 472. The complainants state that on the same day, 28 July 1998, in Addis Ababa, Dr. Taye Woldesmiate was appearing once again in court, his case having dragged on at that point for two years without any decision being rendered. The most serious charges against him have been dismissed and the two main witnesses against him have retracted their evidence stating that it was fabricated under torture. Dr. Woldesmiate reported to the Court that the prison guards were harassing him and threatening to shoot him. The judge told him that the Court had no power to interfere in the internal administration of the Central Prison. When Dr. Woldesmiate demanded to know to whom he should appeal, the judge ordered the prison to keep him chained until 15 September 1998. When he returned to the Court on 15 September 1998, his case was adjourned because there was not a full bench; he, therefore, remained handcuffed 24 hours a day until 28 September 1998. The handcuffs were removed only once a day for toileting. The complainants state that it has been suggested to them that this punishment was in part a response by the courts to the fact that Dr. Woldesmiate had been awarded the EI Human and Trade Union Rights Award.
4. 473. The complainants state further that on 20 July 1998, a week before Dr. Woldesmiate's court appearance, the ETA had also been in court. In December 1994, the Court had ruled that the Executive Committee headed by Dr. Woldesmiate was the legitimate leadership of ETA. The rival group immediately appealed and the Court then froze ETA's bank account. Over a period of time, police and security services seized all of ETA's regional offices and handed them over to the rival group. Each time the case has come before the Court, and despite ETA's pleas for a decision to be rendered, the case has been immediately adjourned. On 20 July 1998, the case was once again adjourned, this time until 20 March 1999. The case concerning ETA was then scheduled to be heard in the Federal Supreme Court on 5 April 1999. It is alleged that although the case was still pending, in May 1998, 1 million birr was withdrawn from the frozen bank account illegally and transferred to the rival organization.
5. 474. The complainants explain that for the past 12 months, with EI's support, ETA has made a number of approaches to the Ethiopian Government, seeking a constructive working relationship. The Government, however, has not even acknowledged receipt of ETA's letters.
6. 475. On Thursday, 13 August 1998, without a written court order, 30 people -- ten police officers, ten members of the security forces, and ten members of the government-sponsored rival organization -- occupied the ETA offices, sealed them and detained two ETA executive members, Abate Angore and Awoke Mulugeta, for seven hours. They told the tenants in the building that in future they were to pay rent to the Government and not to ETA.
7. 476. The complainants state that the ETA executive members, showing tremendous courage and commitment, decided to proceed with an ETA/EI workshop scheduled for 20-24 August 1998, focusing on how ETA could best contribute to the development of quality education in Ethiopia. Over 100 ETA activists had arrived from all over the country and the workshop opened as planned. At 10 a.m., the security forces arrived, informed the gathering that the workshop would not be allowed to continue, and sealed the ETA hall where the meeting was being held. Having been denied access to ETA premises, the workshop was moved to a hotel where it was able to continue without further disruption, though in an atmosphere of considerable insecurity and fear.
8. 477. On 17 September 1998, the police and security forces again appeared at the ETA branch office in Addis Ababa where three members of the ETA executive (Shimalis Zewdie, Acting General Secretary, Abate Angore and Awoke Mulugeta) were discussing how to keep the organization going without access to its premises. When they refused to hand over the property to the government-supported rival union, they were arrested and taken to police station No. 5. Although they have had two formal court appearances, no formal charges have yet been laid against them. During the first court appearance, the judge was in fact critical of the police actions; however, after consultation with the police and security forces, the judge failed to order their release and they remained in detention until 15 October 1998. Charges could still be laid against them. Shimalis Zewdie was unwell after he returned from the EI Congress in Washington DC where he accepted the EI Human and Trade Union Rights Award on behalf of Dr. Taye Woldesmiate and Mr. Assefa Maru. He was being treated for tuberculosis at the time he was arrested. He was held in a congested cell with between ten to 15 other prisoners and denied regular medication. He was too ill to appear in court the second time, and he was finding it difficult to eat the food his family was bringing him.
9. 478. The complainants express concern that in their view there is no independent judiciary in Ethiopia. Court documents served on ETA simply summoned them to court on 10 November 1998 to justify why the property should not be handed to the rival organization. The documents mentioned nothing about immediate seizure nor about arresting the leaders of ETA.
10. 479. During the week of 12 October 1998, people from the government-supported union broke into the sealed ETA offices and started going through papers and removing documents. All the locks were changed, thus denying ETA access while allowing the rival organization to enter.
11. 480. The complainants conclude by asserting that this pattern of behaviour by the government authorities is clearly designed to eliminate any union that is not directly controlled by the Government or its supporters. They submit that this tactic has been successful against a number of other unions.

C. The Government's further reply

1. 481. Concerning the charges against Dr. Taye Woldesmiate, the Government repeats that he was arrested for engaging, in collaboration with five other persons, in the establishment of a terrorist organization known as "the National Patriotic Front of Ethiopia", aimed at raising an armed rebellion against the existing regime, contrary to articles 32/1/A and 252/1/A of the Ethiopian Penal Code.
2. 482. The Government states that Dr. Woldesmiate was arrested on 30 May 1996, and charges were brought against him on 1 August 1996. The facts upon which the charges were based were the following:
   • (i) forcefully demanding contributions to the organization;
   • (ii) organizing terrorist activities endangering the lives of people, in particular foreigners, with the intention of disturbing peace and order, thereby creating a false impression that no peace and stability exist in the country;
   • (iii) organizing robberies of selected economic establishments, particularly banks and transport enterprises;
   • (iv) recruiting people for the purpose of launching armed attacks;
   • (v) assassination attempts on selected government officials and supporters;
   • (vi) causing the offices of the United States Aid for International Development (US AID) to be bombarded in February 1995;
   • (vii) kidnapping two foreign nationals in September 1995, who were then released.
3. 483. According to the Government, Dr. Woldesmiate has been ordered by the court to defend the first five counts noted above, the last two having been dismissed for lack of evidence. Dr. Woldesmiate is presently in the Addis Ababa Central Prison. He has been kept with a former high official of the present Government who has been tried for an offence. The Government again asserts that the charges brought against Dr. Woldesmiate were not related to his work for, or position with, ETA.
4. 484. The Government claims that the new allegation that Dr. Woldesmiate was kept in chains from 28 July 1998 until 28 September 1998, is baseless, since the court made no such order, the accused was not chained and did not experience any mistreatment whatsoever. However, on the day he was brought before the High Court, the Government states that Dr. Woldesmiate became unruly and caused a disturbance, and would not pay attention to the court's direction to keep and maintain order. Consequently, the court had ordered that he be handcuffed if he did not maintain peace and order, but the accused was pardoned right away because he apologized for his misbehaviour.
5. 485. With respect to the allegation of detention and harassment of ETA members and leaders, the Government again denies that anyone was detained for their membership in ETA or for other trade union activities, unless it was attached to the rule of law. The Government states that "very few" former ETA executive members were accused of establishing a clandestine organization and performing illegal activities. They were arrested under court warrant and brought before the Second Criminal Bench of the Federal High Court on 6 August 1996, upon the filing of charges by the Public Prosecutor's General Office. The Court, having considered the evidence of the prosecutor, has started hearing the defence. Some cases are still pending before the Court. The Government goes on to state that "in accordance with due process of law of the country, they usually receive a fair trial and are enjoying all guarantees necessary for their defence like other prisoners. They have the right to communicate with and be visited by their legal counsels".
6. 486. Concerning the death of Mr. Assefa Maru, the Government states that he had refused to surrender to the police, and had died in the ensuing exchange of fire. The Government asserts that "the circumstances of this incident had been correctly established and made public at the time of the incident by the Government".
7. 487. Concerning the allegation of interference with the ETA, the Government states that a dispute broke out between two executive committees of ETA, one led by Dr. Woldesmiate and the other by Mr. Yeshewas Admassu, each claiming to be the sole legal representative of the organization. As they were unable to resolve their differences, each committee filed a suit against the other in the Addis Ababa High Court. The Executive Committee led by Dr. Woldesmiate, in its statement of claim in civil suit No. 2586/85, requested recognition as the sole legal representative of ETA. The Executive Committee led by Mr. Yeshewas Admassu in civil suit No. 926/86 requested the court to order the transfer to it of any ETA property being held by the Executive Committee led by Dr. Woldesmiate. The court consolidated the two suits (civil suit No. 2586/85) and pronounced judgement on 12 December 1994. The Court in its judgement analysed the relevant legislation, including the Ethiopian Civil Code, and the ETA Rules of Association. The central aspect of the ruling reads as follows:
   • As the name itself tells, the Ethiopian Teachers' Association is an association established by teachers. It, therefore, logically follows that it is only members of the association who as per the Rules of the ETA could elect their representatives ... Both the Ethiopian Civil Code and the Rules of the ETA provide that no other third party except ETA's General Assembly could elect members of the Executive Committee. Hence the court has no jurisdiction to determine which one of the disputing executive committees is the legal representative of the ETA. The matter has rather to be left to the ETA's General Assembly's decision ...
8. 488. The Government stresses that the court did not give legitimacy to either of the executive committees; it rather empowered the ETA's General Assembly to decide which of the executive committees was the legitimate one. On the basis of the Court's decision, the meeting of the General Assembly of the ETA was called on 18 October 1995. At that meeting, following a thorough discussion of the issues, the General Assembly decided that the Executive Commitee led by Dr. Woldesmiate could in no way be the legitimate representative of ETA. The General Assembly elected members of the Executive Committee, and the Government asserts that there were no obstacles created by the Government nor did it show any sign of favouritism. The Government contends that it has never interfered in the administration and functioning of ETA, and is in full compliance with the decision of the High Court and with ratified international labour Conventions.
9. 489. Concerning the freezing of ETA's assets, the Government states that the measure was taken pursuant to a Federal High Court Order issued on 26 June 1998 in civil suit No. 119/90. In its decision, the court ordered the inventory and sealing of all ETA properties. The court also ordered the suspension of the transfer of the Toyota vehicle (plate No. 4-0704) to any third party. The newly elected Executive Commitee of the ETA was at the same time ordered to furnish security of 100,000 birr for any expenses or damage that the suspension might bring about. It was only after this security was furnished that the court order was released and implemented.
10. 490. The Government contends that the allegation concerning the freezing of ETA's bank accounts by the Government is totally unfounded. The ETA bank account was frozen by a Federal First Instance Court Order of 22 July 1993 (civil suit No. 2461/85), which was withdrawn by a court order of the same court on 18 October 1993. The later court order was then transferred to the Commercial Bank of Ethiopia where ETA has its account. The Government states that it has not taken any measures to freeze the assets and bank accounts of ETA.

D. The Committee's conclusions

1. 491. The Committee again recalls that this case addresses very serious allegations of violations of freedom of association, in particular, government interference with the functioning of ETA, and killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials. The complainants contend that this pattern of repressive government action against the ETA has not only continued, but has worsened since the Committee last examined this case.
2. 492. While acknowledging that the Government has supplied a more detailed reply than in the past concerning this case, the Committee must again deeply deplore the fact that the Government has still not provided all the information requested concerning the allegations.
3. 493. Regarding the allegation of governmental interference in the administration and functioning of ETA, the Committee notes that particularly with respect to the Government's willingness to comply with the court decision concerning the recognition of ETA, the information supplied by the complainants and the Government is in direct conflict. The complainants state that the Court of Ethiopia in December 1994 ruled that the leaders elected and led by Dr. Woldesmiate were the legitimate leaders of ETA, and that the rival organization appealed this finding; however, a decision on the appeal has not yet been rendered since the matter has been adjourned a number of times. The Government in its most recent reply sets out in some detail the progression of the court cases concerning the leadership of ETA. According to the Government, while the Court indeed heard the case in December 1994, it took no decision as to which executive committee represented the legitimate leadership of ETA; rather it stated that the decision was to be taken by ETA's General Assembly. The Government makes no mention of an appeal of this ruling. The Government then claims that a General Assembly was called and the members of the Executive Committee duly elected thereby, which did not include those led by Dr. Woldesmiate. The complainants, however, stated that the leadership led by Dr. Woldesmiate had expressed their willingness to submit to new elections to confirm who the teachers wanted to represent them, but the rival group would not agree (see 308th Report, para. 330).
4. 494. The Committee notes the Government's reply to the Committee's specific queries concerning the recognition of ETA and its intention to comply with the decision of the Court. The Committee notes further that according to the translation of the High Court decision of 12 December 1994 submitted by the Government, the Court indeed rejected the view of the Ministry of Internal Affairs that ETA, as led by Dr. Woldesmiate, had "lost its legality". However, as to which Executive Committee represented the legitimate leadership, the Court held that it did not have jurisdiction to decide the matter. It was stated in a dissenting opinion that the Court did in fact have jurisdiction. In the view of the Committee, the court decision of 12 December 1994 does not resolve the issue of the legitimate leadership of ETA for either the complainant or the Government. The Committee requests the Government to provide information concerning any appeal lodged in this matter, and to forward any relevant orders or judgements in this regard. The Committee would also request the Government to provide information concerning its role with respect to ETA prior to the court decision, since ETA has alleged that the court decision arose out of the Government effectively suspending ETA by administrative authority and transferring the membership fees to the rival group and freezing its accounts (see 308th Report, para. 330). Any other information provided by either the Government or the complainant to shed light on this matter would also be appreciated.
5. 495. Closely linked to the issue of the recognition of ETA are the allegations that ETA's bank accounts have been frozen, and assets and property misappropriated. Again, the Committee must note a conflict in the evidence, as well as lacunae in the information provided by the Government. According to the complainants, ETA's bank accounts were frozen not long after the issue of the leadership of ETA came before the courts in 1994. The new allegation relates to money having been withdrawn from a frozen account and transferred to the rival organization in May 1998. With respect to ETA's property, the complainants stated earlier that 134 ETA regional offices had been closed (see 308th Report, para. 331). It is alleged that more recently, in August 1998, the ETA offices were occupied and sealed, and in October 1998, the locks were changed, allowing the rival organization, but not the complainants to have access. The ETA hall was also sealed, according to the complainants. Regarding the bank accounts, the Government states that while the bank account was frozen by court order in July 1993, the order was withdrawn in October 1993. Concerning the freezing of ETA's assets, the Government refers to recent court orders (June 1998) as justification for this action.
6. 496. The Committee notes that the views of the complainants and the Government as to the status of ETA's bank accounts are diametrically opposed. The Government accepts, however, that the assets have been frozen, and refers to a recent court order to support this action. In this respect, the Committee recalls the importance of the right to protection of trade union funds and assets against intervention by the public authorities (see Resolution on trade union rights and their relation to civil liberties, 1970, International Labour Conference, para. 15). Given that according to the Government, the court order is dated 26 June 1998, the Committee requests the Government to provide information as to its involvement in the freezing of the assets before that date. Noting from the documents provided by the Government that the court decision unfreezing ETA's bank account is dated 18 October 1993 yet the order transmitting this decision to the relevant bank is dated 6 August 1997, the Committee requests the Government to provide information concerning this delay. The Committee also requests that information be provided concerning the allegation that the Government has informed the tenants in the ETA building to submit their rent payments to the Government.
7. 497. Regarding the allegations of the occupation and sealing of ETA offices and the sealing of the ETA hall during an ETA/EI workshop, the Committee recalls that the right of the inviolability of trade union premises necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without a legal warrant to do so; the occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 175, 183). The Committee urges the Government to respond to the specific allegations concerning the occupation and sealing of ETA premises. As to the allegation that the ETA/EI workshop was closed by the security forces, the Committee recalls that the right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict the right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered (see Digest, op. cit., para. 130). The Committee requests the Government to provide information concerning this allegation.
8. 498. With respect to Dr. Taye Woldesmiate, the Government confirms that he was arrested in May 1996 and not charged until two months thereafter, and that he is still in prison. The Committee regrets that the Government does not make any reference to Dr. Woldesmiate's earlier arrest in May of 1995, as alleged by the complainants (see 308th Report, para. 332), and urges the Government to provide information as to the date of this arrest, when the charges were laid and the facts upon which the arrest and charges were based.
9. 499. The Committee must deplore the fact that Dr. Woldesmiate was detained for two months before charges were laid and that he has remained in detention since May 1996, that is to say for three years, without being brought to trial. The Committee recalls that it is one of the fundamental rights of the individual that a detainee be brought without delay before the appropriate judge and, in the case of unionists, freedom from arbitrary arrest and detention and the right to a fair and rapid trial are among the civil liberties which should be ensured by the authorities in order to guarantee the normal exercise of trade union rights (see Digest, op. cit., para. 94). In addition, anyone who is arrested should be informed, at the time of the arrest, of the reasons for the arrest and should be promptly notified of any charges brought against her or him (see Digest, op. cit., para. 95). By being detained for two months before charges were laid and spending three years in prison without being brought to trial, Dr. Woldesmiate has been denied all of these basic civil rights, which may contribute to developing an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities. The Committee, therefore, strongly urges the Government to take the measures necessary to secure the immediate release of Dr. Woldesmiate. The Committee requests the Government to inform it of action taken in this regard.
10. 500. On the issue of the harassment and detention of ETA leaders and members, the Committee deeply regrets that the Government has provided a reply of a general nature to allegations that were very specific. The Government had been requested to provide information urgently on all those allegedly detained (see Annex 2), and has replied only that "very few" former ETA executive members were accused and arrested, and that some of the cases are still pending before the Court. The Committee must once again urgently request the Government to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, as set out in the most recent allegations, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention, and the legal process that was followed and any decisions or orders arising therefrom. The Committee notes with concern that according to the most recent allegations, Abate Angore, Awoke Mulugeta and Shimalis Zewdie were detained for one month without any charges being laid, and that Mr. Shimalis Zewdie was denied appropriate medical attention. The Committee recalls that the arrest of trade unionists may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities (see Digest, op. cit., para. 76). The Committee urges the Government to take the necessary measures to ensure that all ETA members and leaders detained or charged are released and all charges withdrawn. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
11. 501. Concerning the dismissal of ETA members and leaders (see Annex 1), the Committee regrets that the Government has not provided any further information, and again recalls that the dismissal of workers on the ground of membership in a trade union or due to trade union activities, clearly violates the principles of freedom of association (see Digest, op. cit., paras 690, 702). The Committee, therefore, again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard.
12. 502. The Committee regrets the sparseness of the information provided by the Government concerning the death of Mr. Assefa Maru, ETA Assistant Secretary for Development and Cooperation and Executive Council member, who was alleged to have been killed by police as he walked to work, unarmed and making no attempt to flee. The Government states only that he had refused to surrender to the police and died in the ensuing exchange of fire, and that "the circumstances of the incident had been correctly established and made public at the time of the incident by the Government". The Committee deplores that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing. The Committee must, therefore, once again strongly urge the Government to ensure that an independent judicial inquiry is carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
13. 503. The Committee, recalling that the unilateral introduction of an evaluation system for teachers was alleged to have been a means of government harassment of ETA, giving rise to serious conflict, reiterates its request that the Government consult with ETA on this matter to ensure that it is not used as a pretext for anti-union discrimination. The Committee requests the Government to inform it of progress in this regard. The Committee also requests the Government to reply to the new allegation that the Government has refused ETA's attempts to establish a constructive working relationship with the Government.

The Committee's recommendations

1. 504. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide information concerning any appeal lodged with respect to the leadership of the ETA, and to forward any relevant orders or judgements in this regard. The Committee would also request the Government to provide information concerning its role with respect to ETA prior to the 1994 court decision. The Committee would also appreciate receiving any other information from either the Government or the complainant that could shed light on this matter.
   • (b) The Committee requests the Government to provide information as to its involvement in the freezing of ETA's assets prior to the June 1998 court order, and with respect to the delay between the judgement unfreezing ETA's bank account and the order transmitting this decision to the relevant bank. The Committee also requests the Government to provide information concerning the allegation that the Government has informed tenants in the ETA building to submit their rent payments to the Government.
   • (c) The Committee urges the Government to respond to the specific allegations concerning the occupation and sealing of ETA premises, and the closing by security forces of an ETA/EI workshop.
   • (d) With respect to Dr. Taye Woldesmiate, the Committee urges the Government to provide information as to his first arrest in May 1995, when the charges were laid and the facts upon which the arrest and charges were based.
   • (e) The Committee, deploring the fact that Dr. Woldesmiate was detained for two months before charges were laid and that he has remained in detention since May 1996 (that is, for three years) without being brought to trial, strongly urges the Government to take the measures necessary to secure his immediate release. The Committee requests the Government to inform it of action taken in this regard.
   • (f) On the issue of the harassment and detention of ETA leaders and members, the Committee, deeply regretting that the Government has provided a reply of a general nature to allegations that were very specific, must once again urgently request the Government to provide precise information concerning all those listed in Annex 2, as well as with respect to Abate Angore, Awoke Mulugeta and Shimalis Zewdie, in particular concerning the dates of detention, where they were detained, the reasons for the detention, whether any charges were laid and the specific charges, the conditions of detention, and the legal process that was followed and any decisions or orders arising therefrom.
   • (g) The Committee urges the Government to take the necessary measures to ensure that all the ETA members and leaders detained or charged are released and all charges withdrawn. Furthermore, the Committee requests the Government to take the necessary measures to ensure that in future workers are not subject to harassment or detention due to trade union membership or activities.
   • (h) Concerning the dismissal of ETA members and leaders (see Annex 1), the Committee again strongly urges the Government to take the necessary measures to ensure that the leaders and members of ETA who have been dismissed are reinstated in their jobs, if they so desire, with compensation for lost wages and benefits, and requests the Government to keep the Committee informed in this regard.
   • (i) The Committee, deploring that despite the extremely serious nature of the allegation, the Government has clearly indicated that it does not intend to establish an independent judicial inquiry into the killing of Mr. Assefa Maru, once again strongly urges the Government to ensure that an independent judicial inquiry is carried out immediately to determine the facts, establish responsibility, and appropriately punish the perpetrators if any wrongdoing is found. The Committee requests the Government to keep it informed regarding the establishment and outcome of the inquiry.
   • (j) The Committee reiterates its request that the Government consult with ETA on the unilateral introduction of an evaluation system for teachers to ensure that it is not used as a pretext for anti-union discrimination, and to inform it of progress in this regard. The Committee also requests the Government to reply to the new allegation that the Government has refused ETA's attempts to establish a constructive working relationship with the Government.

Annex 1

1. Members of ETA purportedly dismissed
2. =================================================================
3. Mulugheta W/Quirqos Ghebayaw Niguse
4. Ketema Belachew Ghetachew Feysia
5. Mesfin Mengistu Asrat Woldeyes
6. Ayke Asfaw Taye Mekuria
7. Yohanns Tola Alemayehu Tefera
8. Alemayehu Melake Alemayehu Haile
9. Abeta Anghure Worku Tefera
10. Sira Bizu Mekonnen Bishaw
11. Eyassu Albezo Befekadu Degifie
12. Eshato Denege Ayele Terfie
13. Tesegaye Hunde Alemayehu Haile
14. Taye W/Semayat Tsehay B. Sellassie
15. Ghemoraw Kasa Assefaw Desta
16. Shimellis Zewde Messay Kebede
17. Adinew Ghetanhun Taddese Beyene
18. Aweqe Mulugheta Seifu Metaferia
19. Aseffa Maru Tesfaye Shewaye
20. Abate Anghure Negatu Tesfaye
21. Hailu Araya Aynalem Ashebir
22. Admassu Wassie Berhanu Bankashie
23. Sebhat M/Hazen Lealem Berhanu
24. Mekonnen Dilgassa Huluanten Abate
25. Solomon Terfa Mekuria Asffa
26. Tamiru Hawando Feleke Desta
27. Fesseha Zewdie Solomon Wondwossen
28. Dawit Zewdie Shiferaw Agonafir
29. Ayele Tarekegn Zerihun Teshome
30. Fekade Shewakena Mendaralew Zewdie
31. Akilu Taddese Meskerem Abebe
32. =================================================================
33. =================================================================
34. ETA Executive Committee members and regional officers, purportedly dismissed
35. =================================================================
36. Dr. Taye Woldesmiate -- President of ETA since April 1993
37. Mr. Abate Angorie, Members Afffairs Officer since January 1993, Addis Ababa,
38. March 1993
39. Mr. Gemoraw Kassa, Secretary General of ETA, since July 1993, Addis Ababa
40. Mr. Shimelis Zawdie, Assistant Secretary General of ETA, since July 1993,
41. Addis Ababa
42. Mr. Adinew Getahun, Administrative and Finance Officer, since July 1993, Addis
43. Ababa
44. Mr. Awoke Mulugeta, Humanitarian Services and Supplies Officer, since July
45. 1993, Addis Ababa
46. Mr. Asefa Maru, Cooperative Services Officer, since July 1993, Addis Ababa
47. Mr. Mulatu Mekonnen, Art and Research Department Officer, since July 1993,
48. Addis Ababa (recently reinstated)
49. Mr. Muhammed Umer, South Wollo, February 1994
50. Mr. Fekadu Negash, South Gonder, June 1994
51. Mr. Alula Abegaz, North Wollo, September 1994
52. =================================================================
53. Annex 2
54. Members of ETA alleged to have been repeatedly detainedfor their active
55. participation in ETA
56. =================================================================
57. Ato Gennene H/Silasie Ato Nikodmos Aramdie
58. Ato Moges Taddese Ato Ambachew W/Tsadik
59. Ato Ashenafi Legebo Ato Demeke Seifu
60. Ato Mohammed Ussien Ato Wondimu Bekele
61. Ato Yibellae Ato Sollomon Tesfaye
62. Ato Endalkachew Molla Ato Zewdu Teshome
63. Ato Mohamed Umer Ato Girma Tolossa
64. Ato Mekonnen Dawud Ato Gemoraw Kassa
65. Ato Wogayehu Tessema Ato Adinew Getahun
66. Ato Wollee Ahmed Ato Shimelis Zewdie
67. Ato Yimam Ahmed Ato Getachew Feyisa
68. Ato Sollomon H/Silsie Ato Gebayaw Nigusie
69. Ato Sisay Mitiku Ato Assefa Maru
70. Ato Limenih Nienie Ato Ashenafi Mengistu
71. Ato Getinet Asnake Ato Kebede Aga
72. Ato Befikadu Firdie Ato Wubie Zewdie
73. Ato Baye Abera Ato Asfaw Tessema
74. Ato Desta Titto Ato Abate Angorie
75. Ato Woreyelew Demissie Ato Ashetu Deneke
76. Ato Desie Keffele Ato Bekele Mengistu
77. Ato Tarekegn Terefe Ato Kinfie Abate
78. Ato G/Hiywot Gebru Ato Tomas Egzikuret
79. Ato Fekade Nidda Ato Sollmon Girma
80. Ato Mulugeta W/Kiros Ato Fereja Feleke
81. Ato Mohamed Seid Ato Demissie Tesfaye Haile
82. Ato Wondafrash Millon Ato Gizachew Balcha
83. Ato Melessie Taye W/t S/Wongel Belachew
84. Ato Ali Mengesha Ato Yigzaw Mekonnen
85. Ato Getaneh Abebe Ato Fekadu Negash
86. Ato Merkebu Taddesie Ato Tesfaye Daba
87. Ato Mudisu Yasin Ato Diana Kefeni
88. Ato Bekele Abay Ato Berrecha Kumssa
89. Ato Hailu Derso W/ro W/Yesus Mengesha
90. Ato Keteme Belachew Ato Tamirat Daba
91. Ato Mesfin Mengistu Ato Futa Sori
92. Ato Alemayehu Melake Ato Legesse Lechissa
93. Ato Yohannes Tolla Ato Admasu W/Yesus
94. Ato Aykie Asfaw Ato Abbie Dessalegn
95. Ato Alemu W/Silasie Ato Shukie Dessalegn
96. Ato Fikru Melka W/ro Tewabech H/Michael
97. Ato Workneh Dinssa Dr. Taye W/Semiat
98. Ato Assefa Geleta Ato Alemu Desta Ketema
99. =================================================================