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TITLE: ETHIOPIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ETHIOPIA
The Ethiopian People's Revolutionary Democratic Front (EPRDF)
took power in 1991 at the conclusion of a lengthy civil war
with the dictatorial regime of Mengistu Haile Mariam and
established the Transitional Government of Ethiopia (TGE). The
EPRDF also organized a National Conference which approved a
National Charter to function as the Constitution during the
transitional period. The TGE, headed by President Meles
Zenawi, pledged to oversee the establishment of Ethiopia's
first multiparty democracy, based on a constitution still being
drafted in 1993. The TGE projects elections in 1994 for a
constituent assembly and a new national government.
The Council of Representatives, comprising 65 members, is
dominated by the four constituent parties of the EPRDF and
serves as a quasi-legislature. The EPRDF and, by extension,
the TGE are dominated by the Tigray People's Liberation Front
(TPLF), whose members include the President and most key
officials dealing with national security. The accession of
Tigrayans and a policy promoting ethnic identity and
regionalism have engendered animosity from Amharas who have
traditionally held centralized power in Ethiopia. In 1993 the
TGE continued to implement its planned devolution of authority
to regional governments and its planned establishment of an
independent judiciary comprising regional and central courts.
The TGE has developed warm relations with Eritrea, which
formally became independent of Ethiopia on May 24, l993.
The EPRDF domination of the Government and the Council of
Representatives increased following the departure of the major
non-EPRDF partner in the TGE, the Oromo Liberation Front (OLF),
in June 1992. The OLF withdrew over the Government's handling
of the regional elections--which were flawed by numerous
irregularities, including fraud, harassment, intimidation, and
political assassination--and the OLF forces took up arms
against the Government. In subsequent clashes, the EPRDF
forces defeated the OLF units and, at the beginning of 1993,
the TGE held more than 20,000 OLF prisoners in several camps
(see Section l.d.). During 1993 most of these detainees were
released; the remaining 1,200 are to face criminal charges.
The OLF remains outside the Government; much of its senior
leadership is abroad.
The EPRDF military wing serves as both the national armed
forces and an internal security force during the transitional
period, although the Government is slowly reconstituting police
forces to assume internal security responsibilities. Progress
was made in improving the professionalism and effectiveness of
the regional police forces, although not all regions benefited
equally. In 1993 there were credible reports that EPRDF
security personnel--often from the Oromo People's Democratic
Organization (OPDO)--were implicated in beatings of detainees
and arrests alleged to be of a political nature.
The Ethiopian economy is based on agriculture, with more than
85 percent of the population living in rural areas in very poor
conditions. Coffee accounts for 60 percent of Ethiopia's
export revenue. The TGE is implementing an internationally
supported economic reform program designed to undo 17 years of
Marxist rule. This program includes an important role for the
private sector, which in 1992-1993 helped stimulate positive
economic growth for the first time in many years.
In contrast to the Mengistu years, the human rights situation
in Ethiopia has improved. The TGE's actions did not match,
however, its announced respect for human rights. In the face
of opposition, it showed increasing intolerance of political
dissent. Following the departure of the OLF in 1992, the TGE
expelled in 1993 four non-EPRDF parties from the Council of
Representatives. Opposition political parties made credible
allegations that they had been intimidated by the authorities,
for example, by having their offices closed and their staffs
harassed. Further, the TGE circumvented the 1992 press law by
invoking the Criminal Code to harass and intimidate the
independent press; interfered with peaceful assembly; detained
briefly officials of the Ethiopian Human Rights Council (EHRC);
and infringed academic freedom with the firing of 42 university
professors.
The TGE also continued to deny fair public trial to hundreds of
detainees. However, in the course of 1993, the Special
Prosecutor's Office (SPO) released on bail about 1,300 of the
2,400 detainees held for crimes committed under the previous
government. Although the cases are subject to judicial review,
none had come to trial by year's end.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of officially sanctioned political or
other extrajudicial killings by TGE security forces or by
opposition groups during 1993. However, there were many
unconfirmed reports of sporadic, low-level fighting between
EPRDF forces and various opposition groups in the countryside.
There was no indication of the number of casualties, civilian
or military, but reports confirmed that government forces took
prisoners during those exchanges.
There were also reports of killings, some of which involved
errant members of the security forces in unclear circumstances.
For example, in April TGE troops killed Tesfaye Meja, the
brother of a leading member of an opposition party, and placed
his body on public display in the town of Sodo. According to
the TGE and local sources, Tesfaye was a bandit who had
recently escaped from prison. According to the TGE and the
EHRC, there was no official investigation into the
circumstances of Tesfaye's death.
Security forces used excessive force on several occasions in
1993. The TGE overreacted in containing a demonstration for
which the students had not given prior notification, as
required by Ethiopian law. TGE troops encountered the students
as they emerged from the university grounds, and, in the
ensuing melee, at least one student was killed. Unofficial
accounts by university students, supported by an international
human rights organization, put the number at about seven. The
Ethiopian Human Rights Council confirms one death but believes
other deaths may have occurred. A commission to investigate
this incident was created in March, and, although mandated to
report its findings within 3 months, the TGE had not made
public the commission's findings by the end of the year.
In September TGE security personnel used excessive force to
quell a disturbance at the Gondar municipality, resulting in 13
confirmed deaths (see Section 2.c.). The protagonist in the
incident, Amha Yesus, was subsequently arrested in Addis
Ababa. The Gondar police Department was conducting an
investigation into the matter; the results of this
investigation were pending at year's end.
b. Disappearance
Since the TGE came to power in 1991, its constituent political
parties have traded charges and countercharges regarding
politically motivated violence and disappearances throughout
the country. An Ethiopian human rights organization alleges
that dozens of people arrested when the TGE took power are
still unaccounted for. According to the TGE, these arrestees
were included among the thousands of war prisoners taken by the
EPRDF, most of whom were released after rehabilitation. Those
still held are under investigation and awaiting trial accused
of crimes committed against the civilian population.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The National Charter prohibits torture and mistreatment, and in
July the Council of Representatives ratified the U.N.
Convention Against Torture. Under the TGE, there have been no
allegations of systematic torture of EPRDF opponents.
Nevertheless, there were credible reports that in some
instances security forces, often OPDO, beat suspects believed
to be associated with the OLF while they were detained at local
administrative buildings. As far as is known, no members of
the security forces had been punished for these offenses by
year's end. There was no evidence of beatings or torture at
the detention camps where OLF forces and supporters are
detained.
In the latter half of 1992 and early 1993, the TGE detained
large numbers of Oromo militants and former Mengistu officials
in special centers (see Sections 1.d. and 1.e.). According to
firsthand reports, a small number of persons incarcerated in
these centers--notably the OLF centers--died of endemic
diseases. International inspection of the Didessa and Hurso
centers in October indicated that conditions were not inferior
to the living conditions of the local population. However,
conditions at the Korea camp near Didessa and at some local
prisons were poor. The detention centers were also used for
the political reeducation of opponents. The curriculum focused
on the mechanics of the transition, the merits of the National
Charter, and the virtues of the EPRDF.
d. Arbitrary Arrest, Detention, or Exile
The National Charter and both the Criminal and Civil Codes
prohibit arbitrary arrest and detention as well as exile.
Nevertheless, there were credible reports of persons being
detained for expressing anti-TGE views. In particular, there
were many reports of harassment and detention of political
activists in the rural areas. There were no confirmed reports
of detentions for political reasons.
At the beginning of 1993, the TGE held approximately 20,000 OLF
soldiers and about 2,400 former officials of the Mengistu
regime (see Section 1.e.) in several detention camps around the
country. For the most part, the OLF soldiers and supporters
had been arrested in 1992 after taking up arms against the
TGE. In the spring, the TGE released most of these soldiers
but subsequently rearrested about 4,000, ostensibly for
resuming military activity.
At the end of 1993, according to the TGE, the detention camp at
Hurso contained about 2,000 people, most of whom were members
of the OLF. Of this number, some 800 were accused of serious
crimes against civilians, while the remainder, many of whom
were former OLF detainees at Hurso, were accused of possessing
weapons. The 1,600 detainess at Didessa were released in
October and November. There remain about 400 detainees
awaiting trial at the nearby Korea camp who are suspected of
having committed serious crimes while serving in the OLF
military.
The Government does not practice political exile. It continued
to welcome back to Ethiopia exiles from the Mengistu years.
e. Denial of Fair Public Trial
The TGE is currently restructuring its judicial system along
decentralized lines. Each of Ethiopia's regions will
administer local (Woreda), district, and regional courts. Each
will also have a Supreme Court which can hear both original
cases and appeals. A federal high and Supreme Court system has
also been created to hear cases involving federal law,
transregional issues, or national security. The lack of
trained personnel in many regions (some have no trained
attorneys or judges), the serious financial constraints, and
the absence of a clear demarcation between federal and regional
jurisdiction have delayed effective implementation of this
system.
Under the Criminal Procedure Code, any person being held for
trial is to be appropriately charged and informed of the
charges against him within 48 hours and be offered release on
bail. Those believed to have committed capital offenses, such
as murder and treason, may be detained for 4 weeks while the
police conduct an investigation and for 15 days while the
prosecutor prepares and brings charges against the suspect.
Trials are public, and defendants have the right to a defense
attorney. Ethiopian law does not grant the defense access to
accusatory material before trial. Until regional legislatures
are established to pass laws particular to their region, the
Criminal Code will remain the same at both the regional and
federal levels.
Ethiopia also has Shari'a (Islamic) courts which hear religious
and family cases involving Muslims. Some traditional courts
still function in remote areas but are not sanctioned by law.
In 1992 the Council of Representatives issued a proclamation
declaring the independence of the judiciary from the executive
branch. In 1993 Ethiopia's Supreme Court appeared to enjoy
judicial independence, as evidenced by its reversal of a high
court decision in a labor case. The judge who presided over
the initial case had close associations with the TGE. There
were no known cases in 1993 of judges being dismissed or
transferred for political reasons. However, there were
credible reports that Ethiopian courts, particularly in the
regions, were subject to executive branch political
interference, especially when EPRDF members were on trial in
lower courts. In one region, the administrator convoked high
court judges and instructed them to be lenient towards EPRDF
members who might stand trial in their court.
In August 1992, the Government established the Special
Prosecutor's Office (SPO) to create a historical record of the
abuses of the Mengistu regime and to bring those criminally
responsible for human rights violations and corruption to
justice. The SPO is investigating the cases of about 2,400
persons detained on suspicion of having committed serious
crimes during the previous government's campaigns, including
the "red terror" campaign and forced resettlement and
villagization. In February the Government lifted the
suspension of the right of habeas corpus, which had been in
effect since the change of government, and, as a result, all
these cases became subject to judicial review. The authorities
released about 1,300 of the detainees, either on bail or on
condition that they not leave the country. None of the 2,400
had been formally charged or brought to trial by year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Judicial search warrants are required by law, but they are
rarely utilized. There have been credible reports of people
being summarily, and illegally, evicted from their residence by
security forces who possess neither a court order nor the
consent of the housing authority. Many ethnic Oromos believe
that they have been under surveillance. The TGE admits that it
monitors the movements of some people suspected of breaking the
law. Since the arrival of the TGE to power, forced political
membership and forced resettlement have been terminated. As in
1992, the TGE continues to search private and commercial
vehicles, as well as private homes, for unlicensed firearms and
weapons.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although by May as many as 65 private publications (weekly
tabloids and monthly magazines) were being sold on the streets
of Addis Ababa and to a lesser extent elsewhere, the TGE
sometimes used the controversial Press Law (Proclamation
34/1992) to curtail press freedom. The Law purports to support
press freedom, stating, inter alia, that "censorship ("prior
investigation" in Amharic) and restrictions...are hereby
prohibited." However, the Press Law also gives the Government
strong prosecutorial powers to ensure that any printed material
is free from "any criminal offense against the safety of the
State...any defamation or false accusation against any
individual, nation/nationality, people, or organization; any
criminal instigation of one nationality against another or
incitement of conflict between peoples; and any agitation for
war."
Against this background, the TGE undertook a number of actions
that had the effect of curtailing press freedom. In May the
police called in the editors of six leading politically
oriented magazines to discuss the sources of much of their
material. In June the authorities seized and destroyed
selected magazines. At midyear the Ministry of Information
prohibited the managements of private publications from
advertising in the official media, the principal source of
public information. In August and September, the police again
summoned editors for questioning, presumably about articles
critical of the Government. In some of these cases, the
Government did not bring formal charges but warned press
officials against undertaking "activities against the Press
Law."
Invoking the Criminal Code, the TGE launched prosecutions in
August against publishers of what it deemed "pornographic"
magazines. Late in the year, the authorities confirmed that
legal proceedings had been instituted against 19 people
affiliated with 11 publications for violations of the Criminal
Code. In some cases, the courts required editors or publishers
to post bail equivalent to 3 years' salary. Such harassment
and intimidation of the private press led to a considerable
degree of self-censorship by press officials.
Radio, the most influential medium in reaching the rural
population, and the sole television station are government
owned and operated and reflect TGE policies in their
programming. The official media devote little coverage to the
activities of opposition groups and, when given, coverage is
either negative or neutral, such as reporting on party
conferences.
The TGE also acted to restrict academic freedom. In April it
discharged 42 professors from their positions at Addis Ababa
University, informing them that their services were no longer
needed due to reorganization. Another 38 professors were
placed on probation. The Government dismissed the professors
without an investigation by relevant university departments or
the administration as dictated by custom and, in the case of
tenured professors, by law. The professors were also denied
severance pay, and some may lose their pensions. Credible
reports indicated that some of the professors were fired for
expressing antigovernment views. TGE officials admitted as
much by stating that some professors were dismissed for
inappropriately using their classrooms for political purposes.
The manner of the dismissals has raised questions of procedural
fairness and academic freedom and has had a chilling effect on
campus debate.
b. Freedom of Peaceful Assembly and Association
The National Charter endorses peaceful assembly, freedom of
association, and the right to engage in unrestricted political
activity, including the right to organize political parties.
There are allegations, however, that the TGE and regional
governments have employed social and economic pressures and
existing provisions of law to make it more difficult for
opposition parties to organize.
The TGE Proclamation of August 12, 1991, requires organizers to
inform authorities of peaceful demonstrations or public
political meetings 48 hours in advance. The authorities may,
and on occasion do, require that the demonstration or meeting
be held at another location or time for reasons of ensuring
public order. Failure to seek authorization was the reason
given by the TGE for declaring a demonstration by university
students against the Eritrean referendum in January to be
illegal.
The authorities from region 14 (Addis Ababa) withheld
permission for the All-Amhara People's Organization (AAPO) to
demonstrate in Meskal Square in July on the grounds that such a
rally would interfere with traffic and another scheduled
demonstration (a hunger strike by laid-off maritime authority
workers demonstrating against the Government). The AAPO
rejected as unsatisfactory the alternative sites proposed by
regional authorities, including the nearby stadium, and
ultimately decided not to hold the demonstration.
In December local authorities in Region 14 issued a permit for
an opposition-sponsored gathering called the "Peace and
Reconciliation Conference" to meet at the government-owned
Ghion Hotel in Addis Ababa. About 165 persons assembled for
the conference, whose conclusions and press conferences
presented criticisms of the TGE. Eight conference attendees or
supporters were arrested by TGE officials after arriving in
Addis Ababa from abroad. The arrestees were charged with
supporting violence against the Ethiopian Government, based on
their status as leaders of groups allegedly advocating or
participating in political violence. The TGE soon released
three arrestees, two of whom had issued personal statements
disavowing violence; five arrestees were still detained at
year's end.
The TGE permits the existence of independent organizations but
requires associations to have government-issued permits. The
Ethiopian Human Rights Council (EHRC) did not receive a permit,
and the Ethiopian Teachers Association had its permit revoked.
Credible reports from many sources indicated that harassment of
opposition political parties took place during 1993. These
reports indicated that government officials closed some of the
regional and local offices of opposition groups, often
monitoring their activities or arresting local members.
Opposition political groups have encountered many difficulties,
including fear of government intimidation, in propagating their
policies anywhere in Ethiopia, especially in the countryside
where 85 percent of the population lives. Much of this fear
stems from the June 1992 elections, which were marked by
irregularities, harassment, intimidation, and political
assassination by both government and opposition parties. Even
in the larger cities, including Addis Ababa, political activity
by opposition parties is minimal, although this reflects the
inexperience and disorganization of opposition parties as much
as government efforts to curtail opposition political activity.
c. Freedom of Religion
The National Charter provides for freedom of religion,
including the right of conversion, and TGE officials have
advocated complete freedom of worship. There is no state
religion. Roughly one-half of the population claims to belong
to the Ethiopian Orthodox Church (EOC). Most of the remainder
are Muslims who, for the first time in Ethiopia's history, have
been able to participate fully in Ethiopia's political,
economic, and social life. The TGE recognizes both Christian
and Muslim holidays.
In 1993 the Orthodox Church enjoyed greater autonomy of
decisionmaking since it no longer had any state-sanctioned
role. However, the installation in 1992 of a new Patriarch
from the same ethnic group as the President has generated much
internal controversy within the EOC along ethnic lines. This
controversy was reflected in physical harassment--including
attacks with rocks and other missiles and disruption of church
services--of the Patriarch, Abune Paulos, by Amharic-speaking
dissidents during his trip to the United States in late 1993.
There were no reports of official discrimination against
Muslims, non-Orthodox Christians, or Jews. Nevertheless,
tensions mounted in 1993 between Muslims and Protestants on the
one hand, and the Orthodox community on the other. A hermit
(an Orthodox prophesier unsanctioned by the EOC) drew a large
following in Gondar in September by protesting incursions by
Protestants and Muslims into this traditionally overwhelmingly
Orthodox region. His followers ultimately clashed with
security forces, resulting in deaths and casualties on both
sides (see Section 1.a.). The hermit was subsequently arrested
and at year's end awaited trial in Gondar. The authorities
arrested another hermit, Bahatawi Gebre Meskel, twice in March,
ostensibly for unlawfully entering the grounds of St. George's
Church. Unofficial observers have suggested he was arrested
for preaching against the EPRDF and against Eritrean secession.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The National Charter recognizes freedom of movement, including
the right to foreign travel and emigration. Nevertheless,
Ethiopian citizens and residents of Ethiopia are required to
obtain an exit visa before departing, which is issued in most
cases. There are exceptions in the cases of persons with
pending court cases and persons with debts; there are no
reports of denial of exit visas for political reasons. Travel
within Ethiopia is unregulated. Citizens may freely change
their residence or workplace. There are no restrictions on
travel for women or minority groups.
Virtually all remaining Ethiopian Jews (Falashas) who wished to
emigrate from Ethiopia did so during 1993. Almost all of them
went to Israel. Some Falash Mora, a group of Ethiopians who
claim Jewish heritage but have not been accepted as Jews by the
Israeli Rabbinate, have begun emigrating to Israel under family
reunification provisions of Israeli law.
In July the TGE deported from Ethiopia a lay group of eight
Americans and one Israeli for violations of Ethiopian
immigration law. They had been operating without a permit,
educating the Falash Mora in the tenets of Judaism and teaching
them Hebrew. The TGE maintained that this conformance with
Ethiopian law rather than a restriction on religious
observance. In November the group was again directed to leave
Ethiopia, after their application to register as a
nongovernmental organization was denied because of TGE concerns
that the group was engaged in sectarian activities (i.e.,
trying to recruit Ethiopians to go to Israel).
Citizens who have left the country are guaranteed the right of
return. According to the United Nations High Commissioner for
Refugees and foreign diplomatic officials, the TGE is fair in
its treatment of asylum seekers and cooperative on issues
concerning the repatriation of Ethiopian refugees. However,
the TGE has refused to issue valid travel documents to
Ethiopian citizens living abroad who are facing deportation
proceedings in their countries of residence. No problems were
reported with treatment of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government has yet to be
exercised in Ethiopia. The TGE is preparing for a transition
to multiparty democracy in 1994, but the Constitutional
Commission charged with drawing up a draft constitution was far
behind schedule at year's end. The new constitution will be
subject to ratification in 1994 by an elected constituent
assembly.
Former members of the Workers' Party of Ethiopia will not be
allowed to vote in the constituent assembly elections, but it
is expected that they will be enfranchised thereafter. An
election to choose a new national government is planned for
late 1994. Voting is expected to be by secret ballot.
The EPRDF, which is actually a coalition of four parties,
dominates the TGE. The EPRDF itself is dominated by the TPLF,
whose members include the President; senior officials in the
Ministries of Foreign Affairs, Defense, and Internal Affairs;
and virtually the entire leadership of the armed forces.
The TGE quasi-legislative Council of Representatives comprises
65 members representing 25 parties and ethnic groups. In April
the TGE expelled five parties belonging to the southern
coalition from the Council; one was later readmitted. The TGE
claimed that these parties had violated the National Charter by
signing and not repudiating the Paris communique which claimed,
inter alia, that "at present there is not (a) legitimate
government in Ethiopia." The EPRDF, which controls 32 seats in
the Council of Representatives and has strong ties with a
number of other parties, completely dominates Council debate.
No other political party has more than three seats.
The TGE is establishing stronger regional political and
administrative organs of government. This devolution of power,
if completed successfully, would be a radical departure from
the tradition of strong central government led by an
authoritarian ruler, usually an Amhara. The TGE claims that
regionalization will give people more direct responsibility for
the decisions affecting their lives. The regions will be
responsible for devising and maintaining numerous public
services, including the judiciary, primary education, and the
police. These functions will operate in the language chosen by
that region, not necessarily Amharic as in the past. While the
regionalization policy appears to have widespread support, the
delimitation of regional boundaries along ethnic lines has
aroused concern among many people, particularly the Amharas,
that ethnic tensions will be aggravated (see Section 5).
There are no restrictions in law or practice on the
participation of women or minorities in politics. Women hold 3
of the 20 Cabinet seats; 3 additional women hold ministerial
rank.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are two active human rights monitoring groups in
Ethiopia: The Ethiopian Human Rights Council (EHRC) and
GADADO, Oromo Ex-Prisoners For Human Rights. Both are
independent of the Government. The EHRC has criticized the TGE
on a number of issues and operates relatively freely. However,
the TGE claimed the EHRC is politically biased against the
EPRDF, refused to grant the EHRC a permit, and arrested the
EHRC Secretary General in May on unspecified charges.
Subsequently, the TGE released the Secretary General upon
presentation of a guarantor and, at year's end, had not brought
charges against him. According to the EHRC Secretary General,
the TGE arrested two other members of the EHRC in 1993: one
was released on bail, the other remained in prison, yet neither
had been formally charged.
The Ethiopian Human Rights and Peace Center (EHRPC) was
established as an autonomous and neutral body at Addis Ababa
University in 1993. It is affiliated with the law faculty.
The EHRPC's goals are to educate the public about human rights
and to be a research and documentation center. The Ethiopian
Congress for Democracy, Forum-84, and the InterAfrica group
conduct civic education programs on human rights subjects.
The TGE was willing to discuss human rights concerns with
diplomatic missions, international, and nongovernmental
organizations. The EHRC received an official reply from the
Government to its fifth report on human rights. The
All-Amharic People's Organization received a reply from the
Addis Ababa police commission to accusations in a press
release. International human rights groups are welcomed by the
TGE and enjoy good relations, access, and freedom to travel
where they wish. Amnesty International was granted access to
prisoners during its visit in 1993. The SPO actively courts
and accepts assistance from foreign governments and legal and
forensic experts.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The National Charter does not explicitly address discrimination
on the basis of race, sex, religion, disability, language, or
social status. The Charter does, however, incorporate the
Universal Declaration of Human Rights of the United Nations.
Women
The TGE took a number of steps to improve the position of
women. In September it launched a national policy to promote
through legislation the equality of women and the inclusion of
women's concerns in the Government's development planning. The
TGE also established a national committee on traditional
practices considered harmful to women, including female genital
mutilation, tattooing, and child marriage. The national
committee, composed of representatives of various ministries
and NGO's, is Ethiopia's liaison to the Inter-African Committee
on Traditional Practices, which is composed of representatives
from 28 African countries. It has developed a program whereby
employees of rural-oriented institutions are trained to educate
rural populations on the harmful effects of some traditional
practices. The Ethiopian Government established a women's
rights section in the Ministry of Justice in 1992; however,
this office still was not organized by the end of 1993. Women
played a prominent role, including in combat, during the
rebellion by the TPLF which ended when it and its allies in the
EPRDF took power in 1991.
Nevertheless, women do not enjoy equal status with men. Since
men are considered head of the household and representative of
the family, rights of land tenure and ownership of property are
registered in their names. In the rural areas, where 85
percent of the population lives, women work over 13 hours a day
fulfilling household and farming responsibilities. In urban
areas, women have fewer employment opportunities than men and
are considerably less well remunerated.
Domestic violence, including wife beating, remains pervasive.
While women in theory have recourse to police protection and
official prosecution in cases of domestic violence, societal
norms inhibit many women from seeking legal redress. The media
do not cover rape because of the stigma attached to the crime.
There has been media coverage of domestic violence but not on a
routine basis.
Children
Governmental expenditures on children's welfare are minimal.
In 1993 the TGE shifted increased resources from the military
to social services which should benefit children. The 1993-94
allocation for education will exceed the military budget for
the first time in many years. Many of the few social services
that exist are operated by private organizations, but their
resources are limited, and an increasing number of children are
seen selling goods and begging in urban areas.
The vast majority of Ethiopian women have undergone some form
of female genital mutilation, which is usually performed at an
early age. According to an independent expert in the field,
the percentage of Ethiopian females who have undergone genital
mutilation may be as high as 90 percent.
National/Racial/Ethnic Minorities
Ethiopia comprises more than 80 different ethnic groups. At
various times in the past, one or another (usually the
highlanders) of these groups has predominated in the political,
cultural, and economic life of the country. Some ethnic
groups, such as the Oromos, claim to have been dominated for
centuries by the highlanders. The declared aim of the TGE is
to promote the interests of all ethnic groups through a
decentralized, federal system of government. The TGE delimited
regional boundaries in 1992 to encompass an entire ethnic group
or a multitude of ethnic groups more completely. Regions are
now free to use their local language in public services. As
implementation of this plan proceeds, it has aroused opposition
from some groups, notably the Amharas, who warn against the
disintegration or Balkanization of Ethiopia.
The plan has also raised difficulties for people who do not
know the newly selected language of the region. For example,
many teachers and judges, including some ethnic Oromos, in
region 4 (Oromia) do not speak Orominya. Many people fear
being expelled from the region in which they currently reside
and the possibility of not being able to practice their
profession. While some overt discrimination of this sort
occurred in 1993, the TGE tried to combat it.
People with Disabilities
There is no officially condoned or legally sanctioned
discrimination against people with disabilities. Nevertheless,
cultural attitudes towards the disabled are often negative.
The TGE, with international support, established a commission
for rehabilitation to provide ex-servicemen and civilians
injured in the civil war with vocational training, assist them
in finding employment, and provide them with physical
rehabilitation. An official at the rehabilitation agency, a
semiautonomous institution under the Ministry of Labor and
Social Affairs, estimates that there are 5.3 million disabled
persons in Ethiopia out of a population of 53 million. Limited
resources restrict assistance to an estimated 20,000
beneficiaries. Ethiopia has no legislation mandating access
for the disabled. Legislation addressing other problems of the
disabled was under consideration at the end of 1993. As in
many other areas, Ethiopia's extreme poverty is both a cause of
the problem and an obstacle to its solution.
Section 6 Worker Rights
a. The Right of Association
Only a small percentage of Ethiopia's 53 million people is
involved in wage labor employment, which is largely
concentrated in the capital. Some 80 to 85 percent of the work
force lives in the countryside, working as subsistence farmers.
Under the National Charter and the Labor Law promulgated in
January, most workers are free to form and join unions.
Employees of the civil and security services, judges, and
prosecutors are not allowed to form unions. Workers who
provide an "essential service" are not allowed to strike.
Essential services include air transport and railways, city
cleaning and sanitation, urban and interurban bus services, gas
stations, electricity generating plants, police and fire
services, post and telecommunications, banks, pharmacies, and
water supply.
Unions are not affiliated with the Government or political
parties. Workers are free to form as many federations and
confederations as they wish. The Confederation of Ethiopian
Trade Unions (CETU) was established in November 1993. CETU is
organized by industrial and service sector rather than by
region. The elected leadership will take over and transform
the existing Ethiopian trade union, whose senior level
management is expected to be released. The TGE did not
interfere in the process. The Ethiopian Teachers Association
(ETA), which is not affiliated with the National Confederation,
claims it was subject to governmental interference in 1993.
ETA alleged that the TGE closed 133 of ETA's 137 branch
offices, blocked its bank accounts, and fired 22 of its
officers.
The 1993 Labor Law explicitly gives the workers the right to
strike to protect their interests. Many restrictions on the
right to strike apply equally to an employer's right to
lockout. Both must make efforts at conciliation, provide at
least 10 days' notice, and provide the reasons for the action.
In cases already before a court or labor board, the party must
provide at least 30 days' warning. Strikes must be supported
by a majority of the workers affected by the decision. It is
unlawful to strike against an order from the Labor Relations
Board (LRB). The Labor Law prohibits retribution against
strikers.
If an agreement between unions and management cannot be
reached, the case may be arbitrated by a Labor Relations Board
(LRB). One or more LRB's will be created in each region and at
the national level. The Minister of Labor and Social Affairs
will appoint each chairman. The Board's four members are
composed of two each from trade unions and employers
associations and serve 3-year terms. Where more than one union
or employers association exists, the organization with the most
representative membership will appoint the member to the LRB.
There were no strikes organized by unions in 1993. There were,
however, numerous actions taken by former employees of state
agencies who had been laid off in the process of economic
restructuring or had lost their jobs in May when Eritrea gained
its independence from Ethiopia. In most cases, the TGE offered
the employees a severance package, but this was not always
accepted by the affected employees. Some former employees of
the Ethiopian Maritime Transport Authority conducted a hunger
strike for several months in the central square of Addis Ababa
to protest what they believed to be inadequate compensation.
Independent unions and those belonging to the National
Confederation are free to affiliate with and participate in
international labor bodies.
The International Labor Organization's (ILO) Committee of
Experts noted with satisfaction the issuance of Labor
Proclamation No 42/1993 repealing the imposition of a single,
official trade union system and recognizing the right of
workers and employers to establish and join trade unions and
employers' associations respectively, in order to represent
their members in collective bargaining.
b. The Right to Organize and Bargain Collectively
Under the Mengistu regime, employees were guaranteed total job
security regardless of performance or productivity; no worker
could be fired, and no manager was ever discharged because of
low productivity. Collective bargaining had no place in this
scheme because the government dictated the terms. The result
of these and other measures was a labor force with little or no
motivation to perform on the job.
The TGE undertook to create a new labor culture. Collective
bargaining is now protected under the Labor Law and is
practiced freely throughout the country. Collective bargaining
agreements concluded between 1975 and January 1993 are covered
under the 1975 Labor Code and remain in force. During 1993
many unions throughout Ethiopia reorganized themselves in
accordance with the new guidelines and registered with the
Ministry of Labor and Social Affairs. Both the Vice Minister
of Labor and the Representative of the African-American Labor
Congress stated unequivocally that a considerable amount of
collective bargaining occurred in Ethiopia during 1993. Such
activities did not occur exclusively in Addis Ababa. For
instance, workers at the Wonji Sugar Plantation near Nazret
negotiated an 11-percent wage increase in September. Labor
experts estimate that as many as 90 percent of unionized
workers in Ethiopia are covered by collective bargaining
agreements. Wages are now being bargained at the plant level.
The law prohibits antiunion discrimination. Grievance
procedures are in place to hear allegations of discrimination
brought by individuals or unions. Employers found guilty of
antiunion discrimination are required to reinstate workers
fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Slavery was officially abolished in Ethiopia in 1942. The
TGE's National Charter proscribes slavery and involuntary
servitude. Activity which inhibits a person's freedom of
contract or is deemed a restraint of liberty is illegal.
Forced or compulsory labor is virtually nonexistent in the
modern wage sector and in those areas affected by the modern
sector. The Criminal Code specifically prohibits forced labor
unless instituted by court order as a punitive measure.
Local TGE officials outside of Addis Ababa continue to call on
residents to "volunteer" for uncompensated community work
projects, such as road building and emergency road repair. In
1993 industries were operating at less than half capacity; in
those state-owned factories still functioning, workers were
still sometimes compelled by factory managers to "volunteer"
labor in order to meet quotas, which may result in cash bonuses.
d. Minimum Age for Employment of Children
Under the new Labor Law, the minimum age for wage or salary
employment is 14. Children between the ages of 14 and 18 are
covered by special provisions in the Labor Law. Workers in
this category may not work more than 7 hours per day, work
between the hours of 11 p.m. and 6 a.m. or on public holidays,
or perform overtime. The Ministry of Labor and Social Affairs,
which is charged with enforcement, may proscribe children from
working in dangerous vocations such as transport, electric
power generation, mines, sewers, and digging tunnels. Large
numbers of children perform agricultural work in the
countryside and work as street peddlers in the cities.
e. Acceptable Conditions of Work
Ethiopia has no statutory minimum wage. However, since 1985 a
minimum wage has been set and paid to public sector employees,
who are by far the single largest group of wage earners. This
public sector minimum wage is $19.40 per month (105 birr)
effective as of November 1993. Although studies have not been
done, the private sector usually pays at least as much as the
Government.
According to the Office for the Study of Wages and Other
Remunerations, which calculates the annual minimum consumption
basket, a family of five requires a monthly income of $79.48
(430 birr) to maintain a bare minimum standard of living.
Thus, even with two family members earning the public sector
minimum wage, the family receives only about 50 percent of that
needed for healthful subsistence. Many workers earn less than
the minimum wage.
The legal workweek is 48 hours, 6 days of 8 hours each, with a
24-hour rest period. The 48-hour workweek is widely respected.
The TGE, private industry, and unions negotiate to set
occupational health and safety standards. These are enforced
by the Inspection Department of the Ministry of Labor and
Social Affairs. However, a lack of human and financial
resources prevents this office from effectively monitoring or
enforcing health and safety standards. Workers have the right
to remove themselves from dangerous situations without jeopardy
to continued employment.
[end of document]
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