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

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

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. The Committee previously noted that the following sections of the Criminal Code provide for sanctions of imprisonment which involve an obligation to perform labour (by virtue of section 111(1)) in circumstances covered by the Convention:

• -section 486(a): inciting the public through false rumours;
• -section 487(a): seditious demonstrations: making, uttering, distributing or crying out seditious or threatening remarks or displaying images of a seditious or threatening nature in any public place or meeting; and
• -sections 482(2) and 484(2): punishment of ringleaders, organizers or commanders of forbidden societies, meetings and assemblies.

Following the Committee’s request to provide information on the application in practice of the abovementioned sections, the Government indicates in its report that peaceful expression of views or of opposition to the established political, social or economic system are not considered a crime in Ethiopia. The Government further states that the abovementioned provisions are designed and applied observing the protection of the constitutional provision on freedom of expression, thought and opinion.

The Committee furthermore takes note of the adoption of the Anti-Terrorism Proclamation No. 652/2009 in August 2009. Section 3 defines terrorist acts and section 6 provides that anyone who “publishes or causes the publication of a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission or preparation or instigation of an act of terrorism is punishable with rigorous imprisonment from ten to 20 years”.

The Committee notes that, during the discussion by the United Nations Human Rights Council of the Universal Periodic Review of Ethiopia in December 2009, concern was expressed about Anti-Terrorism Proclamation No. 652/2009 which, due to its broad definition of terrorism had led to abusive restrictions on the press (A/HRC/13/17, 4 January 2010). The Government accepted “to take further measures to ensure that any efforts to counter terrorism are carried out in full compliance with its human rights obligations, including respect for due process and freedom of expression” (paragraph 91).

The Committee observes that, on 2 February 2012, UN human rights experts, including the UN Special Rapporteur on freedom of expression, expressed their dismay at the continuing abuse of anti-terrorism legislation to curb freedom of expression in Ethiopia. The Committee notes with concern that under Anti-Terrorism Proclamation No. 652/2009 journalists and opposition politicians have recently been given sentences ranging from 11 years to life imprisonment and numerous defendants are scheduled to appear on similar charges before the Court.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee would also like to point out that, if counter-terrorism legislation responds to the legitimate need to protect the security of the public against the use of violence, it can nevertheless become a means of political coercion and a means of punishing the peaceful exercise of civil rights and liberties, such as freedom of expression and the right to organize. The Convention protects these rights and liberties against repression by means of sanctions involving compulsory work, and the limits which may be imposed on them by law need to be properly addressed.

Observing the broad scope of application in practice of Anti-Terrorism Proclamation No. 652/2009, the Committee urges the Government to take the necessary measures to limit its scope of application and ensure that no sanctions involving compulsory labour can be imposed on those holding or expressing political views or views ideologically opposed to the established political, social or economic system under this Proclamation. It requests the Government to provide information in its next report on the measures taken to bring its legislation and practice into conformity with the Convention in this respect.

In the light of the above considerations, the Committee again requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 482(2), 484(2), 486(a) and 487(a) of the Criminal Code, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner which is in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.