Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 29) sur le travail forcé, 1930 - Ethiopie (Ratification: 2003)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. The Committee notes the information provided by the Government concerning measures taken to prevent, suppress and punish trafficking in persons. The Government refers, in particular, to the strategic policy document which provides for strengthening law enforcement measures and explores opportunities for prosecution of traffickers. It also indicates that national committees have been established at the Ministry of Labour and Social Affairs and at the Ministry of Justice in order to combat human trafficking. A special court on trafficking has also been established.

The Committee requests the Government to communicate, in its next report, a copy of the strategic policy document referred to above, as well as the information on the activities of the national committees to combat trafficking, and on the coordination of these activities, supplying copies of the relevant reports and available statistics. Please also provide information on the organization and functioning of the special court on trafficking and on any legal proceedings which have been instituted under sections 597 and 635–637 of the Criminal Code (Proclamation No. 414/2004) punishing the offences related to trafficking in persons, indicating the penalties imposed on perpetrators.

Article 2, paragraph 2, subparagraph (a). Compulsory military service. The Committee previously noted that, under section 18(4)(b) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include compulsory military service or, in the case of conscientious objectors, service exacted in lieu of compulsory military service. However, the Government indicates in its latest report that there is no compulsory military service in the country. It states that, under Proclamation No. 27/28 for the establishment of the National Defence Force and the issued Regulations, military service is performed on a voluntary basis.

The Committee requests the Government to supply, with its next report, a copy of Proclamation No. 27/28 for the establishment of the National Defence Force and the issued Regulations for the National Defence Force referred to in the Government’s report.

Article 2, paragraph 2, subparagraph (c). Prison labour. 1. The Committee previously noted that, under section 18(4)(a) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include any work or service required of a person in the ordinary course of detention in consequence of a lawful order. The Committee recalls that under Article 2(2)(c) of the Convention, work can only be exacted from a person “as a consequence of a conviction in a court of law”. As the Committee pointed out in paragraphs 51–52 of its 2007 General Survey on the eradication of forced labour, it follows from Article 2(2)(c) that persons who are in detention but have not been convicted – such as prisoners awaiting trial or persons detained without trial – should not be obliged to perform labour (as distinct from certain limited obligations intended merely to ensure cleanliness). However, the Convention does not prevent work from being made available to such persons at their own request, to be performed on a purely voluntary basis.

As the Government’s report contains no information on this issue, the Committee once again requests the Government to clarify the meaning of section 18(4)(a) referred to above and to describe conditions under which labour is exacted from persons “in the ordinary course of detention”, supplying copies of provisions governing the work of detainees.

2. The Committee previously noted that section 111(1) of the Criminal Code provides for the obligation of prisoners to do such work as will be assigned by the Director of Prisons. The Committee once again requests the Government to indicate whether prisoners may perform labour for private individuals, companies or associations, and if so, under what conditions. Please supply a copy of regulations relating to prisons referred to in section 109 of the Criminal Code, particularly those governing prison labour.

Article 2, paragraph 2, subparagraph (d). Cases of emergency. The Committee previously noted that section 18(4)(c) of the Constitution of Ethiopia 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 once again requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under this provision. Please also state what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2, paragraph 2, subparagraph (e). Minor communal services. The Committee previously noted that, under section 18(4)(d) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include any obligation to perform economic and social work incurred through voluntary community service. The Committee once again requests the Government to clarify the meaning of this provision, indicating, in particular, whether such work is voluntary or compulsory and describing the activities relating to community service. Please also communicate copies of relevant texts.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Please indicate whether the illegal exaction of forced or compulsory labour is punishable as a penal offence. Please also furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.