Informe provisional - Informe núm. 343, Noviembre 2006

689. The complaint is contained in a joint communication dated 26 September 2005 from the International Confederation of Free Trade Unions (ICFTU), the International Textile, Garment and Leather Workers’ Federation (ITGLWF), and the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco & Allied Workers’ Association (IUF).

1. 690. The Government forwarded two communications dated respectively 23 December 2005 and 13 July 2006.
2. 691. The Committee has been obliged to postpone its examination of the case on two occasions [see 338th and 340th Reports, paras. 5 and 6, respectively]. At its meeting in May-June 2006 [see 342nd Report, para. 10], the Committee issued an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the information or observations requested had not been received in due time. As to the substance of this case, no reply from the Government has been received so far.
3. 692. Eritrea has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 693. In their communication of 26 September 2005, the International Confederation of Free Trade Unions (ICFTU), the International Textile, Garment and Leather Workers’ Federation (ITGLWF) and the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco & Allied Workers’ Association (IUF) indicate that Tewelde Ghebremedhin, the chairperson of the IUF-affiliated Food, Beverages, Hotels, Tourism, Agriculture and Tobacco Workers’ Federation, and Minase Andezion, the secretary of the ITGLWF-affiliated Eritrean Textile, Leather and Shoe Workers’ Federation were arrested by the security police in Asmara on 30 March 2005 and were detained in a secret detention centre controlled by the security service. On 9 April 2005, the police arrested Habtom Weldemicael, the chairperson of the Red Sea Bottlers Coca-Cola Workers’ Union and a member of the executive board of the Food and Beverage Workers’ Federation. These three persons are now being held incommunicado without charges and in violation of their constitutional right to be brought before a magistrate within 48 hours following their arrest. The complainants indicate that all communication with the Eritrean authorities and with the National Confederation of Eritrean Workers (NCEW) has failed to yield any concrete information on the arrested trade unionists’ whereabouts or the charges against them. The few replies received were confined to stating that the arrests of the three trade union officials were not linked to the exercise of their trade union activities, that the government security service was well aware of the case, that the place of detention was secret and that relevant authorities did not provide information about such issues, that the detainees’ state of health was satisfactory, but that no details were available and that details of any legal steps taken in defence of the detainees were equally not available.
2. 694. The complainants further indicate that while Tewelde Ghebremedhin was in detention, on 6-7 May 2005, Mrs. Alem Berhe was elected chairperson of the Food, Beverages, Hotels, Tourism, Agriculture and Tobacco Workers’ Federation of Eritrea. She has also failed to provide information on the circumstances of the arrest.
3. B. The Government’s reply
4. 695. In its communications dated 23 December 2005 and 13 July 2006, the Government states that the detention of the three trade union leaders is not related to their trade union activities.

C. The Committee’s conclusions

1. 696. The Committee regrets that, despite the time that has elapsed since the complaint was first presented, the Government has not replied in substance to the complainants’ allegations, although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee strongly urges the Government to be more cooperative in the future.
2. 697. Under these circumstances, and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 698. The Committee recalls that the purpose of the whole procedure established by the ILO for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed replies concerning allegations made against them [see the First Report of the Committee, para. 31].
4. 699. The Committee notes that the complainants in this case allege the arrest of Tewelde Ghebremedhin, the chairperson of the IUF-affiliated Food, Beverages, Hotels, Tourism, Agriculture and Tobacco Workers’ Federation, Minase Andezion, the secretary of the ITGLWF-affiliated Eritrean Textile, Leather and Shoe Workers’ Federation, and Habtom Weldemicael, the chairperson of the Red Sea Bottlers Coca-Cola Workers’ Union and a member of the executive board of the Food and Beverage Workers’ Federation, by the police and security forces of Eritrea in March and April 2005. According to the complainant organizations, they have since then been detained incommunicado, without charges brought against them and without access to legal counsel. It is further alleged that the authorities refuse to give any information on their whereabouts or on the reasons for their arrest.
5. 700. The Committee regrets that the only reply that the Government has provided so far is a communication by which it confines itself to stating that the detention of the three trade union leaders is not related to their trade union activities.
6. 701. With regard to the arrest of three trade union leaders, the Committee recalls that the arrest of trade unionists entails a serious risk of interference in trade union activities. The arrest of trade union leaders against whom no charge is brought further involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 74, 76, 79 and 80].
7. 702. The Committee further recalls that although the exercise of trade union activity or the holding of trade union office does not provide immunity as regards the application of ordinary criminal law, the continued detention of trade unionists without bringing them to trial constitutes a serious impediment to the exercise of trade union rights. Detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular, the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority [see Digest, op. cit., paras. 91 and 102].
8. 703. Noting that these three trade unionists were arrested over one year ago and that no information has since been made available in respect of the reasons for their arrest and the charges brought against them, the Committee deeply deplores the failure by the Eritrean authorities to ensure observance of the fundamental human rights of these three trade union leaders to be informed of the charges brought against them, to have access to legal counsel and to be brought without delay before the appropriate judge. The Committee emphasizes 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. 105]. In the absence of any specific indication of the charges giving rise to the trade unionists’ detention incommunicado for over one year, the Committee firmly urges the Government to take the necessary measures for the immediate release of Tewelde Ghebremedhin, Minase Andezion and Habtom Weldemicael. It further urges the Government to submit all relevant information, as precise as possible, concerning the arrests of these three trade union leaders, particularly on the reasons for their arrest, charges brought against them, legal or judicial proceedings as a result thereof and the outcome of such proceedings.