Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ethiopia (Ratification: 1999)

Article 1(b). Obligation to perform economic and social work incurred through voluntary community service. Regarding section 18(4)(d) of the Constitution of Ethiopia, according to which “forced or compulsory labour” does not include any obligation to perform economic and social work incurred through voluntary community service, the Committee refers to its request directly addressed to the Government regarding the application of the Forced Labour Convention, 1930 (No. 29).

Article 1(c) and (d). Penal sanctions applicable to public servants for breaches of labour discipline and for having participated in strikes. The Committee previously noted that, under section 420(1) of the Criminal Code, any public servant who fails to carry out his duties in a proper manner, to the prejudice of state, public or private interest, may be punished with penalties of imprisonment (which involves an obligation to perform labour). Where substantial damage has resulted from the above acts, a penalty may be increased up to the general legal maximum (section 420(2)). Under section 421 of the Criminal Code, public servants who go on strike of their own free will, in breach of their professional or statutory obligations, are also punishable with imprisonment.

The Committee notes the Government’s indication in its report that sections 420 and 421 relate to acts which, although they may emanate from breaches of labour discipline, concern criminal acts. The sections concern acts of individuals who violate their work duties and cause harm to the state, public or private interest and who participate in an unlawful strike. Due to their criminal nature, such acts involve penal punishment which could include an obligation to perform labour during imprisonment. For breaches of labour discipline, administrative measures are taken. The Government further states that practical cases regarding sections 420 and 421 are unavailable, in particular as regards section 421 since no unlawful strike has occurred in Ethiopia since 1991.

The Committee recalls that Article 1(c) prohibits the use of forced or compulsory labour as a means of labour discipline. Only acts which concern the operation of essential services and the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered are excluded from the scope of the Convention. Noting the broad language of section 420 of the Criminal Code which relates to state, public or private interest, the Committee requests the Government to take measures to ensure that its scope is restricted to acts which concern the operation of essential services and the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered and to provide information on progress made in this regard in its next report.

The Committee furthermore recalls that Article 1(d) prohibits the use of forced or compulsory labour as a punishment for having participated in strikes. The Committee refers in this respect to its observation addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which raises the restrictions on the right to strike in Ethiopia. Recalling the general principle that, regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed (General Survey of 2012 on the fundamental Conventions, paragraph 315), the Committee hopes that the Government will take the necessary measures to amend section 421 so as to ensure that sanctions involving compulsory labour cannot be imposed for the mere fact of organizing or peacefully participating in strikes. The Committee requests the Government to provide information concerning the measures taken or envisaged to bring section 421 of the Criminal Code into conformity with the Convention.

Communication of texts. As the Government’s report again contains no information on this issue, the Committee reiterates its requests to the Government to communicate, with its next report, a copy of the law governing the civil service and any provisions governing labour discipline in merchant shipping.