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

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, law enforcement and penalties. Following its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s information in its report that the Anti-Trafficking Proclamation of 909/2015 has been repealed and replaced by the Prevention and Suppression of Trafficking in Persons and Smuggling of Persons Proclamation No. 1178 of 2020 (Prevention and Suppression of TIP-SOP Proclamation No.1178/2020). The Government indicates that the new Proclamation was enacted in order to better address the issues related to trafficking in persons, smuggling of persons and illegal overseas employment crimes that are causing serious harm to the life and safety of citizens and exposing them to grave violations of human rights. The Committee observes that the Act contains provisions relating to: (i) crime prevention and investigation (section 3 criminalizes trafficking in persons for sexual exploitation and for the purposes of forced labour, slavery or practices similar to slavery and debt bondage and provides for penalties of seven to 15 years of rigorous imprisonment); (ii) protection, rehabilitation and compensation of victims; and (iii) the institutional roles and establishment of the National Council to coordinate the prevention and control of the crimes related to trafficking, smuggling and unlawful sending of persons abroad for work (section 33).

The Government also indicates that a National Partnership Coalition (NPC) has been established in order to manage migration in a coordinated and organized manner as well as to implement policies and strategies developed and approved by the National Council. The NPC has developed a five-year strategic plan and carried out the following activities: (i) developed a national migration policy; (ii) conducted awareness-raising programmes on trafficking in persons; (iii) issued a National Referral Mechanism directive; (iv) developed a draft regulation on victims fund administration; and (v) developed a manual for law enforcement, investigation and prosecution of trafficking and smuggling of persons. The Government further states that currently 18 cases related to trafficking and smuggling of persons and illegal overseas employment are being investigated by the police while 56 cases have completed investigation and are before the criminal court awaiting decisions.

The Committee welcomes the measures taken to strengthen the legal and institutional framework to combat trafficking in persons and hopes that the Government will continue to take the necessary measures to effectively implement the various provisions of the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020. The Committee requests the Government to provide information in this regard, particularly on the activities of the National Council and the National Coordination Partnership, the training and information provided to candidates to migration on safe recruitment channels, and the risks of forced labour associated with migration, as well as on the activities carried out by the police and other law enforcement bodies to identify and prosecute cases of trafficking in persons. It further requests the Government to continue providing information on investigations and prosecutions relating to cases of trafficking in persons for sexual and labour exploitation, indicating the number of persons convicted and penalties applied.

2. Identification and protection of victims. The Committee notes that the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020 provides for the establishment of a Fund for the rehabilitation of victims of trafficking and smuggling and contains provisions for their protection, rehabilitation, repatriation and compensation (sections 23 to 27). According to section 24, victims of trafficking shall be provided with appropriate assistance, including health, social services, legal, psychological counselling and support, temporary shelter and other similar services. The Government indicates that measures are in place to receive repatriated citizens who had previously migrated to Middle eastern countries without any valid permit and to provide them with food, transport and daily allowances. Moreover, victims of trafficking are provided with shelter, psychological support and skills training, in addition to three months’ pocket money to the most vulnerable returnees, especially women and children. The Committee also notes that the United Nations Committee on the Elimination of Discrimination Against Women, in its concluding observations of 2019, expressed concern at the limited protection of Ethiopian women and girls who fall victim to trafficking within the State party (CEDAW/C/ETH/CO/8, paragraph 25). The Committee requests the Government to continue taking measures to ensure that victims of trafficking benefit from the protection and the assistance set out in the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020. It also requests the Government to provide detailed information on the number of victims of trafficking identified and the types of assistance and services provided to them. Please indicate if the Fund for the rehabilitation of the victims has been established and if victims have received compensation.

Article 2(2)(c). Work of prisoners for private individuals, companies and associations. The Committee had previously noted the Government’s reiterated indication that there is no practice that allows prisoners to work for private individuals, companies, and associations outside the prison premises. 

In this regard, the Committee notes the provisions under section 45 of the Federal Prison Proclamation No. 1174/2019, which states that a prisoner shall have the right to work during his time in prison. As per subsections (2) and (4) the prison can compel prisoners to participate in productive works against a reasonable payment and the prison may establish relations with public and private institutions that can buy products of the works of the prisoners on a regular basis or by creating market chains as appropriate. The Committee observes that the Federal Prison Proclamation does not make any reference to work undertaken by prisoners for private individuals or companies outside the prison premises or hiring of prisoners under a contractual agreement by private enterprises. However, it observes that the prisoners may be involved in productive works and that their products may eventually be sold to private entities. In this regard, the Committee requests the Government to confirm that the relations that may be established between the prison and the private entities are limited only to the selling and buying of products made by the prisoners and that the private entities do not have any authority over the prisoners or their work.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework, law enforcement measures and penalties. The Committee previously noted that sections 597 and 635–637 of the Criminal Code criminalize offences related to trafficking in women and children, but did not refer to trafficking of male victims. The Government indicated that measures could be taken to further strengthen the legal framework in this regard.

The Committee notes the Government’s indication in its report that, the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 was enacted in 2015 (Anti-Trafficking Act) and has replaced the relevant sections of the Criminal Code related to trafficking in persons. The Committee notes with interest that the Anti-Trafficking Act criminalizes trafficking in persons for sexual exploitation and for the purpose of forced labour, slavery or practices similar to slavery, as well as debt bondage. Section 2 of the Anti-Trafficking Act defines all these practices. Under section 3, trafficking is an offence punishable with imprisonment from 15 to 25 years and with a fine.

With regard to the International Labour Organization (ILO) project named: “Development of a tripartite framework for the support and protection of Ethiopian women domestic migrant workers to the Gulf Cooperation Council States, Lebanon and Sudan” (2013–16), the Committee notes the Government’s indication that the project helped, among others: (i) to carry out awareness-raising programmes for policy makers and practitioners, law enforcement bodies, and religious organizations, on trafficking and smuggling; and (ii) to revise the existing Ethiopian overseas employment proclamation.

Similarly, according to the Government, the International Organization for Migration (IOM) project “Enhancing national capacities and cooperation for the prevention of trafficking in persons, protection of victims and prosecution of traffickers in Ethiopia” (2013–15) helped: (i) to develop a National Plan of Action to combat trafficking and its implementation guidelines, as well as a community manual dialogue; (ii) to develop a victim-centered investigation training manual; (iii) to provide training for 122 police officers and investigators, as well as 308 community facilitators; and (iv) to establish a national referral mechanism for victims of trafficking. Lastly, the Committee notes that under section 39 of the Anti-Trafficking Act, a National Anti-Trafficking Committee, aimed at coordinating the activities for victims’ protection, has been established. The Committee requests the Government to provide information on the measures taken to implement the various provisions of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909, particularly information on the activities of the National Anti-Trafficking Committee. The Committee also requests the Government to indicate whether the National Plan of Action to combat trafficking has been adopted, and if so, to provide information on the measures taken within its framework. Lastly, the Committee requests the Government to provide information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Identification and protection of victims. The Committee notes that under the Anti-Trafficking Act, the Government shall put in place necessary working procedures to identify, rescue, repatriate and rehabilitate victims in partnership with other foreign diplomatic missions, concerned government and non-government organizations and other supportive mass organization, the details of which shall be specified by law. Victims of trafficking shall also be provided with assistance, including health and social services, medical care and counselling and psychological assistance (section 26(1) and (2)(b)). The Committee also notes that under the Act, a “Fund to prevent, control and rehabilitate victims of crime of trafficking in human beings and smuggling of migrants” has been established to: (i) provide material support and professional training to victims of trafficking; (ii) cover the expenses of relief, rehabilitation and reintegration of victims with their families and community; and support the construction of shelters and other needs (sections 32 and 34). Moreover, under section 40 of the Anti-Trafficking Act, an Anti-Human Trafficking and Smuggling of Migrants Task Force, has been established in order to support the rehabilitation of victims of trafficking.

The Committee further notes that an ILO mission took place in Ethiopia in September 2016, as a follow-up to the March 2015 mission on implementation gaps in the application of the Forced Labour Conventions. According to the mission report, a bilateral agreement between the Confederation of Ethiopian Trade Unions (CETU) and the General Confederation of Lebanese Workers has been signed in order to regulate Ethiopian labour migration to Lebanon. Moreover, the mission report indicates that rehabilitation centres for migrant workers who are victims of trafficking and forced labour have been established. The Committee requests the Government to provide information on the measures taken in practice to ensure that victims of trafficking benefit from the protection and the assistance set out in the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909.

Article 2(2)(c). 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 the Government’s reiterated indication that there is no practice that allows prisoners to work for private individuals, companies, and associations outside the prison premises. While noting the Government’s statement, the Committee once 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.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework, law enforcement measures and penalties. The Committee previously noted that sections 597 and 635–637 of the Criminal Code criminalize offences related to trafficking in women and children, but did not refer to trafficking of male victims. The Government indicated that measures could be taken to further strengthen the legal framework in this regard.

The Committee notes the Government’s indication in its report that, the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 was enacted in 2015 (Anti-Trafficking Act) and has replaced the relevant sections of the Criminal Code related to trafficking in persons. The Committee notes with interest that the Anti-Trafficking Act criminalizes trafficking in persons for sexual exploitation and for the purpose of forced labour, slavery or practices similar to slavery, as well as debt bondage. Section 2 of the Anti-Trafficking Act defines all these practices. Under section 3, trafficking is an offence punishable with imprisonment from 15 to 25 years and with a fine.

With regard to the International Labour Organization (ILO) project named: “Development of a tripartite framework for the support and protection of Ethiopian women domestic migrant workers to the Gulf Cooperation Council States, Lebanon and Sudan” (2013–16), the Committee notes the Government’s indication that the project helped, among others: (i) to carry out awareness-raising programmes for policy makers and practitioners, law enforcement bodies, and religious organizations, on trafficking and smuggling; and (ii) to revise the existing Ethiopian overseas employment proclamation.

Similarly, according to the Government, the International Organization for Migration (IOM) project “Enhancing national capacities and cooperation for the prevention of trafficking in persons, protection of victims and prosecution of traffickers in Ethiopia” (2013–15) helped: (i) to develop a National Plan of Action to combat trafficking and its implementation guidelines, as well as a community manual dialogue; (ii) to develop a victim-centered investigation training manual; (iii) to provide training for 122 police officers and investigators, as well as 308 community facilitators; and (iv) to establish a national referral mechanism for victims of trafficking. Lastly, the Committee notes that under section 39 of the Anti-Trafficking Act, a National Anti-Trafficking Committee, aimed at coordinating the activities for victims’ protection, has been established. The Committee requests the Government to provide information on the measures taken to implement the various provisions of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909, particularly information on the activities of the National Anti-Trafficking Committee. The Committee also requests the Government to indicate whether the National Plan of Action to combat trafficking has been adopted, and if so, to provide information on the measures taken within its framework. Lastly, the Committee requests the Government to provide information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Identification and protection of victims. The Committee notes that under the Anti-Trafficking Act, the Government shall put in place necessary working procedures to identify, rescue, repatriate and rehabilitate victims in partnership with other foreign diplomatic missions, concerned government and non-government organizations and other supportive mass organization, the details of which shall be specified by law. Victims of trafficking shall also be provided with assistance, including health and social services, medical care and counselling and psychological assistance (section 26(1) and (2)(b)). The Committee also notes that under the Act, a “Fund to prevent, control and rehabilitate victims of crime of trafficking in human beings and smuggling of migrants” has been established to: (i) provide material support and professional training to victims of trafficking; (ii) cover the expenses of relief, rehabilitation and reintegration of victims with their families and community; and support the construction of shelters and other needs (sections 32 and 34). Moreover, under section 40 of the Anti-Trafficking Act, an Anti-Human Trafficking and Smuggling of Migrants Task Force, has been established in order to support the rehabilitation of victims of trafficking.

The Committee further notes that an ILO mission took place in Ethiopia in September 2016, as a follow-up to the March 2015 mission on implementation gaps in the application of the Forced Labour Conventions. According to the mission report, a bilateral agreement between the Confederation of Ethiopian Trade Unions (CETU) and the General Confederation of Lebanese Workers has been signed in order to regulate Ethiopian labour migration to Lebanon. Moreover, the mission report indicates that rehabilitation centres for migrant workers who are victims of trafficking and forced labour have been established. The Committee requests the Government to provide information on the measures taken in practice to ensure that victims of trafficking benefit from the protection and the assistance set out in the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909.

Article 2(2)(c). 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 the Government’s reiterated indication that there is no practice that allows prisoners to work for private individuals, companies, and associations outside the prison premises. While noting the Government’s statement, the Committee once 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.

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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.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework. The Committee notes that sections 597 and 635 of the Criminal Code punish the offences related to trafficking in women and children, indicating the penalties imposed on perpetrators. In this regard, the Committee previously observed that Ethiopia is a source country not only for children and women but also men trafficked for forced labour and sexual exploitation (“Breaking the cycle of vulnerability: Responding to the health needs of trafficked women in east and southern Africa”, International Organization for Migration, Regional Office for Southern Africa, Pretoria, September 2006). The Committee therefore requests the Government to take the necessary measures to ensure that sections 597 and 635 of the Penal Code are amended to provide for a definition of trafficking in persons which also includes men.

2. Measures to prevent, suppress and punish trafficking in persons. The Committee notes the information provided by the Government in its report indicating that the revised employment exchange service proclamation defines the mandate of the National Committee on Anti-Human Trafficking, the activities of which are facilitated by the Ministry of Labour and Social Affairs. The Government provides information on the specialized court on human trafficking for which special benches have been established. While noting the measures taken by the Government to combat trafficking in persons, the Committee also notes the concluding observations of the Committee on the Elimination of Discrimination against Women of 27 July 2011, expressing concern about the lack of data and the low prosecution and conviction rates in relation to, in particular, the internal trafficking of women and children for forced labour and sexual exploitation and the lack of victim assistance and protection (CEDAW/C/ETH/CO/6-7, paragraph 24). The Committee accordingly requests the Government to communicate, in its next report, more detailed information on the activities of the National Committees on Anti-Human Trafficking, and on the coordination of these activities, supplying copies of the relevant reports and available statistics. The Committee also requests the Government to provide information on the 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. It further reiterates its request to the Government to provide a copy of the strategic policy document concerning strengthening of the law enforcement measures and opportunities for prosecution of traffickers to which the Government referred in its 2009 report.

Article 2(2)(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. The Government indicated in its 2009 report that there is no compulsory military service in the country, stating 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. Noting the absence of information on this point in the Government’s report, the Committee again request 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 of 2009.

Article 2(2)(c). Prison labour. 1. Conviction in a court of law. 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 has 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 again contains no information on this issue, the Committee reiterates its request to 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. 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 do such work as will be assigned by the Director of Prisons. The Committee notes the Government’s indication that there is no practice of prisoners performing labour for private individuals, companies or associations. The Committee, once again, expresses the hope that the Government, in its next report, will provide a copy of the regulations relating to 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 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. As the Government’s report contains no information on this issue, the Committee once again requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted under this provision. The Committee also requests the Government to indicate 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(2)(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 duly notes the clarification provided by the Government indicating that the section in question refers to persons who may voluntarily perform economic and social development activities deemed useful for the locality, which include serving on the local community based organizations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Following its previous comments, the Committee notes that section 596 of the Penal Code provides that slavery, even in disguised form, is punishable with five to 20 years imprisonment and a fine not exceeding 50,000 Ethiopian birr (ETB) (approximately US$2,874). The Government also states that the labour law for this offence imposes a fine not exceeding ETB1,200 (approximately $69). Noting the penalties provided by the law for the imposition of forced labour, the Committee requests the Government to provide information in its next report 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.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1), 2(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(2)(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(2)(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(2)(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(2)(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.

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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.

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The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. Please provide additional information on the following points.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. The Committee has noted from the report issued by the International Organization for Migration (IOM) entitled “Breaking the Cycle of Vulnerability: Responding to the Health Needs of Trafficked Women in East and Southern Africa” (IOM’s Regional Office for Southern Africa, Pretoria, September 2006), that Ethiopia is a source country for men, women and children trafficked for forced labour and sexual exploitation. The report says that adults and children are trafficked within the country for domestic servitude and, to a lesser extent, for commercial sexual exploitation and labour. Small numbers of men are trafficked to Saudi Arabia and the Gulf States for low-skilled forced labour; Ethiopian women are trafficked to the Middle East, particularly Lebanon, for domestic servitude, although other destinations include Egypt, South Africa, Sudan and Djibouti; a small percentage of these women are trafficked for sexual exploitation. The Committee requests the Government to provide, in its next report, information on measures taken or envisaged, both in the legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please provide information 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(2)(a). Compulsory military service. The Committee has 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. The Committee requests the Government to provide copies of legislation governing compulsory military service and service exacted from conscientious objectors, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. 1. The Committee has 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 General Survey of 2007 on the eradication of forced labour, it follows from the above wording 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. The Committee therefore 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 has 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 requests the Government to indicate, in its next report, 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(2)(d). Cases of emergency. The Committee has 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. Please 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(2)(e). Minor communal services. The Committee has 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. Please 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.