Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Ethiopia (Ratification: 2003)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Measures to strengthen the legal framework. The Committee previously noted that sections 597 and 635–637 of the Criminal Code criminalize and sanction offences related to trafficking in women and children, but do not refer to trafficking of male victims. In its report, the Government indicates that measures will be taken to further strengthen the legal framework. Taking due note of this information, the Committee hopes that the Government will take the necessary measures to amend the relevant sections of the Criminal Code so as to ensure that the offence of trafficking in persons also applies to the trafficking of men. It requests the Government to provide information on the progress made in this regard.

2. Measures to prevent, suppress and punish trafficking in persons. With regard to its request for detailed information on the activities of the National Anti-Trafficking Committee, the Committee notes the Government’s indication that this body has been coordinating and implementing various awareness-raising initiatives targeting the general public. The Government also provides information on the establishment of the project “Development of a Tripartite framework for the support and protection of Ethiopian women domestic migrant workers to the GCC States, Lebanon and Sudan” (2013–16), implemented in collaboration with the ILO with a view to strengthening the policy and operational framework on safe and legal migration of domestic workers, as well as on the two-year project “Enhancing national capacities and cooperation for the prevention of trafficking in persons, protection of victims and prosecution of traffickers in Ethiopia” (2013–15), implemented in cooperation with the International Organization for Migration (IOM). The Committee requests the Government to continue to provide information on the measures taken to prevent and suppress trafficking in persons, including in the context of the activities of the National Anti-Trafficking Committee and the projects implemented in cooperation with the ILO and the IOM, indicating in particular whether the objectives set out have been achieved, whether an assessment of the undertakings has been carried out and the difficulties encountered. The Committee also requests the Government to provide information on the steps taken to ensure victims’ protection and assistance. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to indicate the measures taken to strengthen the capacity of law enforcement bodies especially police officers, prosecutors and judges so as to ensure that cases of trafficking are effectively prosecuted and perpetrators sanctioned. Please also provide information on the functioning of the special court on trafficking, the legal proceedings initiated under sections 597 and 635–637 of the Criminal Code, and the specific sanctions applied.

Article 2(2)(a). Compulsory military service. Referring to its previous comments on work exacted under compulsory military service, the Committee notes the Government’s indication that, under section 4(1) of Proclamation No. 27 of 1996, military service shall be performed on a voluntary basis.

Article 2(2)(c). Prison labour. 1. Conviction in a court of law. As regards its request for clarification on the meaning of “any work or service required of a person in the ordinary course of detention in consequence of a lawful order” (article 18(4)(c) of the Constitution), the Committee duly notes the Government’s indication that the above provision refers only to work exacted from a person as a consequence of a conviction in a court of law. Prior to conviction, individuals shall not be obliged to perform labour and may only undertake prison labour with their full consent.

2. Work of prisoners for private individuals, companies and associations. The Committee previously noted that section 111(1) of the Criminal Code provides for the obligation of prisoners to perform work, as assigned by the Director of Prisons, and requested the Government to provide a copy of the regulations governing prison labour. The Committee notes that the Government reiterates that workers are not obliged to perform work for private individuals, companies or associations. The Government also indicates that prison labour can be requested by order of a court of law or undertaken upon the prisoner’s request. Such work shall be performed within the prison premises or in other places selected by the prison administration.

In this connection, the Committee points out that work by prisoners for private companies can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily. The Committee has considered that, taking into account their captive circumstances, it is necessary to obtain prisoners’ formal, informed consent to work for private enterprises, both inside and outside prisons. The most reliable indicator of voluntariness in this regard is the work performed under conditions approximating a free labour relationship, which include wage levels, social security and occupational safety and health. In this context, the Committee requests the Government to provide clarification with regard to prison labour performed both inside prison premises and in places assigned by the prison administration, especially regarding the tasks which may be assigned to convicts, the private entities in which such work may be performed, and the conditions under which such work is performed. The Committee again requests the Government to provide a copy of the regulations on prisons referred to in section 109 of the Criminal Code, particularly those governing prison labour.

Article 2(2)(d). Cases of emergency. The Committee previously noted that article 18(4)(c) of the Constitution provides for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. The Committee notes the Government’s indication that no legislation concerning cases of emergency has been adopted under this provision thus far. The Government also states that, although no state of emergency has been declared under article 18(4)(c), any work exacted in this context would be terminated as soon as the circumstances endangering the population cease to exist. In light of the above, the Committee requests the Government to continue to provide, in its future reports, information on any legislation adopted under article 18(4)(c) of the Constitution, indicating, in particular, the type and duration of compulsory work or services required in this connection.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. In its previous comments, the Committee referred to section 596 of the Criminal Code, under which the crime of slavery, even in disguised form, is punishable with five to 20 years’ imprisonment and a fine. It requested the Government to provide information on any legal proceedings initiated concerning the exaction of forced labour.

The Committee notes the Government’s statement that, although court decisions pertaining to the principles underlined by the Convention are indeed handed down, regretfully, it is not able to supply the required information due to the absence of an appropriate system to collect and disseminate data on cases of forced labour. Recalling the importance of systematic data collection for a detailed assessment of the nature and extent of the forced labour phenomenon in the country, as well as for the formulation of effective policies to address the issue, the Committee encourages the Government to take the necessary steps to ensure that information on cases of forced labour, including trafficking in persons, is collected regularly and disseminated to the relevant institutions, and requests it to provide information on any progress made in this regard. The Committee also requests the Government to provide information on any measures taken or envisaged in terms of capacity building and awareness-raising activities for law enforcement bodies.