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THE VIOLATION OF HUMAN RIGHTS IN
ETHIOPIA 1. INTRODUCTION The 10th regular Report of EHRCO was issued last September.
This 11th Report has come out three months later. The Report
covers human rights violations such as extra-judicial killing,
torture, unlawful detention, dismissal from jobs, confiscation of
property as well as violation of the right to organize which were
reported to EHRCO between September 11 to December 9, 1996 and
verified by the Office. 2. EXTRA-JUDICIAL KILLING At 6:00 P.M. on February 3,1996 Solomon Awropa Haile was
chatting with his school mates, Ephrem Tesfaye and Abebaw Yismaw,
in his vicinity (Woreda 14, Kebele 12). During this time, a
couple of policemen suddenly came to where the students were
standing and ordered them not to move. While the students obeyed
the order one of the policemen fired a shot. This frightened the
students who ran to save their lives to the nearby Woreda 2,
Kebele 13 . At a place called Mereba Dagget, Solomon Awropa was
shot on his right buttock while Ephrem Tesfaye was shot on his
right hand. Solomon was immediately taken to the Black Lion
Hospital, where he died on February 6,1996. The 17 year old
Solomon was an eighth grade student at Menelik II Junior
Secondary School. Neither he nor his friends had committed any
offense to provoke the armed attack by the policemen. The
policeman who killed Solomon has not yet been charged and is
still working at Woreda 14 Police Station. His killing of the
student constitutes a violation of Article 14 of the FDRE
Constitution, Article 3 of the Universal Declaration of Human
Rights and Article 6 of the International Covenant on Civil and
Political Rights, which provide that Every human being has the
inherent right to life and that no one shall be arbitrarily
deprived of his life. 3. TORTURE 3.1 Ato Demisse Deseno Melo is a farmer in Getcha-Echi PA,
Andaracha Woreda, Kaficho-Shakacho Zone. At 12:00 AM. on November
15, 1995, he was detained by a policeman from the Shakacho Zone
Police Department. His hands were then tightly handcuffed and he
was beaten and tortured for five consecutive days by three
policemen from the Department in order to force him "to
expose where money, weapons and documents belonging to rebels
were hidden". The torture he has been subjected to has
damaged his urinary system and made it impossible for him to
control his urine. After being detained for nearly eight months
at the Masha Police Station and Prison, Ato Demisse was released
on bail on July 26, 1996. He is 35 years old and a father of
seven children. 3.2 Ato Abate Aleqa Yeshanew is a 30 year old farmer living in
Debre Marqos Awraja, Abewar Woreda, Zinqir Abo PA. He is married
and a father of four children. At 7:00 P.M. on November 22,1995,
an armed security man from the PA told him that he was wanted and
took him away from his home. The man then handed him over to a
policeman and two members of the Defense Force who detained Ato
Abate at the store of Genetwa Service Cooperative. The same night at 2:00 P.M., the jailers returned to the store
from where they fetched Ato Abate and another prisoner by the
name of Kefyalew Taggele and marched them to a precipice called
Terrero. They tied their hands to their backs with electric wire
and made them lie face down at the edge of the precipice. Then
they whipped them to force them to confess where they had hidden
their weapons. Ato Abate was detained at the store until December
17, 1996 and then released. These acts of torture were carried out in violation of the
Universal Declaration of Human Rights (Article 5), International
Covenant on Civil and Political Rights (Article 7), and the FDRE
Constitution (Article 18/1), which provide that "No one
shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment." 4. UNLAWFUL DETENTION Article 9 of the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights and also
Article 17(2) of the Constitution of the FDRE provide that no one
shall be subjected to arbitrary arrest or detention. No person
shall be detained without trial or conviction. However, in
violation of these legal provisions citizens have been
languishing in prison and at different police stations. 4.1 Journalists Detained on Grounds of Violating the Press Law 4.1.1 Ato Taye Belachew, Editor of the Amharic weekly and
monthly magazine Tobya, has been detained at the Central
Investigation Bureau since Nov. 22/1996. 4.2 Detained on Grounds of Feeding OLF Fighters 4.2.1 Abafitta Abaware and 4.2.2 Haji Nur Abaware have been
detained at Jimma Zone Police Head Quarter since June 19, 1996 on
allegation of feeding OLF fighters. 4.3 Arbitrarily Detained The following Amhara farmers living in various peasant
associations in East Shoa Zone, Arssi Negelle Woreda, were
detained from September 15 - October 4,1996 on the pretext of
search for weapons and then released. There were also two
children among the detainees.
4.3.33 W/ro Alemtsehay Beyene was detained for no reason at
Woreda 10 Police Station (A.A.) from October 17-21,1996 and then
released. The commander of the Police Station who detained her in
violation of Article 416 of the Ethiopian Penall Code was not
charged. 4.3.34 On August 8,1996, a kerosene stove at the home of
Corporal Teshome Chindi in Keftegna 11, Kebele 10 (Harar) blew up
and burnt to death his wife Private Heniya Ismael. Corporal
Teshome also suffered severe burns at the time. His
brother-in-law, who blamed him for his sister's death, took the
law into his hands and detained the Corporal. The brother-in-law,
who was the Commissioner of Harari Region's Police Force, also
used his position to deny Corporal Teshome his right to free
medical treatment at the Police Hospital. For this reason, he is
currently receiving medical treatment at the Black Lion Hospital
under police escort and with the help of his parents who had to
produce a certificate testifying that he is too poor to pay for
his hospital expenses. Not only this, while he was receiving
medical treatment in Addis Ababa, the police Corporal was also
dismissed from the Force as of September 1996 on the pretext of a
"gimgema" (evaluation) which was instigated by the
Police Commissioner of Harari Region. 4.3.35 Ato Abate Angore, a member of the Ethiopian Teachers
Association's (ETA) Executive Committee, has been in detention at
Arba Minch Woreda Police Station since October 9, 1996. The
reason given for his detention was that he did not hand over the
property of the Arba Minch Branch of ETA to the pro-government
local union. However, Ato Abate was driven out of Arba Minch by
the local officials about three years ago and that the said
property and union office have been under the control of the same
faction during this time. 4.3.36 Ato Taddese Alemu has been in detention since November
20, 1996 at the headquarters of the Regional Police Commission in
Awassa. The reason given for his detention is that he has
insulted the local officials in writing. 4.3.37 Ato Roba Deme is an elected member of the Council of
Representatives from the Burji constituency. He was arbitrarily
detained from September 8-18,1996 at a military camp within the
compound of Hagere Mariam Secondary School. 4.3.38 Ato Deti Adugna has been in detention since November
27, 1996 at Kuyu Woreda Police Station in North Shoa (Oromiya
Zone). The reason given for his detention is that his son has
rebelled. 5. DISMISSAL FROM JOBS
6. CONFISCATION OF PROPERTY On October 12, 1993, W/ro Haimanot Tsega Igzi bought a
second-hand 682 N3 truck from Italy (Chassis No. 035582, motor
no.2090.92032339, plate no.3 A/A 26363) for her five
grandchildren's benefit and sent it through their father, Captain
Demisse Seifu. Actually, the person who was authorised to manage
and supervise the vehicle was Ato Yazew Yimamu. While the vehicle
was in Beqoji town (Arssi Zone) for work, two government soldiers
made the driver to stop the vehicle and then forced him to park
it at the town's administrative office. There, they told the
Woreda officials that as Captain Demisse was wanted, the vehicle
should be kept there until the man appeared. Although a court
order for the release of the truck was given to the local
officials on November 29, 1996, the order has not been
implemented to date. 7. VIOLATION OF THE RIGHT TO ORGANIZE FREELY Article 20 of the Universal Declaration Human Rights provides
that every person has the right to form an association. Article
22(1) of the International Covenant on Civil and Political Rights
states: "Everyone shall have the right to freedom of
association with others, including the right to form and join
trade unions for the protection of his interests." The
International Covenant on Economic, Social and Cultural Rights
(Article 8(1) also states, " the States Parties to the
present Covenant undertake to ensure: (a) the right of everyone
to form trade unions and join the trade union of his choice
...." Ethiopia is a signatory of the Covenant. The International Labor Organization's Rules no. 87 and 98 on
the freedom of association, which have been ratified by Ethiopia,
provide that any worker has the right to form trade unions and to
join the trade union of his choice without any external
interference or discrimination. According to these laws, it is
not necessary to apply for and get permission in advance to form
a trade union. The trade unions formed likewise have the full
right and freedom to draft and endorse their constitution,
organize their internal administration, freely elect their
leaders and representatives, conduct their business, and
formulate and implement their plan of action. These laws also
prohibit State agencies from interfering in the internal affairs
of trade unions and hindering their legal activities. Article 31 of the FDRE Constitution provides that everyone has
the right to form an association for any purpose he so desires.
The Constitution also provides that the human rights provisions
enshrined in it shall be interpreted in harmony with
international human rights conventions ratified by Ethiopia. However, this right to organize freely has been repeatedly
violated. When the Confederation of Ethiopian Trade Unions'
(CETU) expressed its concern regarding the dangers posed to the
job security of its members by the Structural Adjustment Program
(SAP), the government responded to it by declaring that
"instead of trying to curry favors from it, they (the
unions) should fight it (the government) if they find it to be
anti-workers". The official media, too, has been waging
propaganda against CETU. CETU's request to be allowed to make a
meaningful participation in the decisions that affect workers has
also been turned down. The Confederation's various organs were
unable to discuss the matter and find solutions because its
Supreme Council and General Congress had been prevented from
holding meetings. The meeting called for October 31,1995, for
instance, could not be held because the Confederation's head
office was under siege by the police. On November 4, 1995, the
Confederation's various offices were sealed by government orders.
A court order instructing the removal of the seals and the
opening of the offices was ignored by the authorities. In fact,
the Ministry of Labor and Social Affairs, took a step tantamount
to banning CETU by canceling its certificate of registration. CETU has challenged the Ministry's cancellation of its
certificate by appealing to the court and the case is still
pending. Despite this and ignoring the legal existence of CETU,
however, a series of steps are being taken to form another CETU.
Several trade union leaders who argued that CETU still exists and
that, before the court makes a ruling, attempts to form another
CETU is illegal have been unlawfully dismissed from their jobs.
Many other workers who struggled for free trade unions have been
intimidated, harassed and even laid off on the pretext of
redundancy. Trade Union leaders and other workers who actively
participated in union affairs have been forced to give up their
union posts, suspended from their jobs, forced to retire contrary
to the law, or laid off. There are also trade unionists who have
been physically assaulted and forced into exile. Using such
illegal methods, those leaders who stood for free trade unions
have been removed from their posts and replaced by loyal cadres
who are determined to put the trade unions under the firm control
of the ruling party as in the days of the Derg regime. At this point one could cite the case of the Commercial,
Technical and Printing Federation. On October 19,1996, the
Federation's 152 Council members representing the 47 member plant
unions held a meeting. After discussing the work done so far and
the Audit Committee's report, the meeting was adjourned for the
next morning to discuss the remaining agendas. When the
discussion on the next agendas commenced on October 20, about 30
factionalists began to stir trouble by demanding that the
Federation's Executive Committee give up the podium and submit
themselves to a gimgema (assessment) of their performance. When
the other Council members rejected their unprocedural demand, the
former began shouting and prevented the meeting from proceeding
smoothly. In order to avoid the break out of violence, it was
decided to adjourn the meeting. However, 30 of these
factionalists remained behind and tried to proceed with the
discussion on their own. At this time the Executive Committee of
the Federation reported the matter to Woreda 15 Police Station
and the latter evicted the factionalists from the meeting hall.
On the evening of October 21, however, Ethiopian Radio and
Television reported an incredible piece of news. The official
media falsely claimed that at its meeting of October 19 - 21, the
Federation of the Commercial, Technical and Printing Federation
rejected the reports of the Executive Committee as well as Audit
Committee, replaced these committees' members by newly elected
ones and passed a resolution demanding that CETU be newly
re-organized. Following this false report on the official media,
Ato Tesfaye Sodano, Deputy Minister of Labor and Social Affairs,
wrote a letter on November 4, 1996 (Ref. 7.1/0/n6/1/6/ giving
recognition to the newly "elected" leaders. In his
letter, Ato Tesfaye Wrote: In accordance with your letter of October 22, 1996 informing
us of the election of new Executive and Audit Committees members
in place of the old ones at the General Assembly held as of
October 19,1996 and also requesting that identity cards be issued
to the new leaders, i.e., and for the Audit Committee: 1/ Ato Kifle W/Michael replacing
Ato Fikadu Gugsa as Chairman we hereby inform you that our office has registered the newly
elected Executive and Audit Committees members and also attached
herewith their identity cards. Having secured the government's support, the "new
federation leaders", accompanied by two policemen, went to
the head office of the Federation where they found Ato Mulatu
Gurmu, the legitimate treasurer, working alone in his office.
They assaulted him physically, took away from him the keys of his
drawers and office, his personal notebook and money, and then
evicted him by force from the office. They also broke into the
other offices of the Federation and thus staged their coup.
Surprisingly though, two of these "new federation
leaders" do not belong to any member plant union and hence
are not even members of the Federation. Although Ato Mulatu Gurmu has reported the attack against him
to Woreda 18 Police Station and Office of the Public Prosecutor,
no legal action as yet been taken against the aggressors in
accordance with the Law. In another instance, the trade union of the Commercial Bank of
Ethiopia was prevented from carrying out its normal functions by
the Labor and Social Affairs Bureau of Region 14 on the pretext
that the term of office of the union executives has expired. As a
result the executives have been unable to call a union meeting to
hold an election. The Bank's management has also made the
executives to take forced leaves. Again, the Labor and Social Affairs Bureau of Addis Ababa
Region, although fully aware that the terms of office of the
union executives expired on March 7, 1997, barred the Ethiopian
Insurance Corporation Trade Union from carrying out its functions
in a letter dated June 13, 1996 (Ref. 62/mm/a3/14/5). On the
basis of the Bureau's letter, the Corporation's management, too,
wrote a letter dated June 25, 1996 (Ref.a/.m /2709/88) barring
the union executives from carrying out their trade union duties.
After getting the necessary permission, when the labor leaders
called a meeting of union members to explain to them the problem
at hand, the Labor and Social Affairs Bureau canceled the meeting
through its letter of August 6, 1996 (Ref. 62/mm/a3/14/10). The
union's application to the Region 14 Administration for
permission to hold a meeting was also rejected through the
Administration's letter of August 8, 1996 (Ref. k14//ssm/05/88).
Repeated applications to hold a union meeting were rejected by
the above offices. Its petition to the Regional Administration's
President did not receive any response. EHRCO, therefore, requests the Government to stop illegal
killings, detentions, torture, confiscation of property and
violations of the right to work and the right to organize freely.
It also requests the Government to ensure the return of the
offices of the Commercial, Technical, and Printing Federation to
the legitimate leaders since the offices were taken over by force
with the cooperation of the police and the Ministry of Labor and
Social Affairs. Likewise, the Regional Labor Bureau's ban on the
trade unions of the Commercial Bank of Ethiopia and the Ethiopian
Insurance Corporation should be lifted, the attempts to replace
CETU with another confederation before its legal dispute with the
Ministry of Labor and Social Affairs is resolved should be
stopped, and that all associations formed for legal purposes
should be allowed to pursue their activities in accordance with
their by-laws and without official interference in their internal
affairs. Copies: Council of People's Representatives His Excellency Dr. Negasso Gidada His Excellency Ato Meles Zenawi His Excellency Ato Kemal Bedri His Excellency Ato Mahteme Solomon His Excellency Ato Hassen Abdella |