Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Ethiopie (Ratification: 1999)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of political or ideological views. The Committee previously noted that the following sections of the Criminal Code provide for sanctions of imprisonment, which involve compulsory prison labour by virtue of section 111(1) of the Code, in circumstances covered by Article 1(a) of the Convention:

• – section 486(a): inciting the public through false rumours;
• – section 487(a): 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 (seditious demonstrations); and
• – sections 482(2) and 484(2): punishment of ringleaders, organizers or commanders of forbidden societies, meetings and assemblies.

The Committee also referred to the definition of terrorism under the Anti-Terrorism Proclamation No. 652/2009, under section 6 of which any person 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”. In this regard, the Committee noted that in 2010 the United Nations Universal Periodic Review (UPR) Working Group expressed concern at the Anti-Terrorism Proclamation which, due to its broad definition of terrorism, had led to abusive restrictions on the press (A/HRC/13/17). The Committee further noted that journalists and opposition politicians had been given sentences ranging from 11 years to life imprisonment under the Proclamation, and that numerous defendants were scheduled to appear before the courts on similar charges. The Committee therefore urged the Government to take measures to limit the scope of application of the Anti-Terrorism Proclamation and the above provisions of the Criminal Code in order to 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.

The Committee notes the Government’s reiterated indication in its report that the peaceful expression of views or of opposition to the established political, social or economic system is not considered a crime in Ethiopia. The Government indicates that sections 482(2), 484(2), 486(a) and 487(a) of the Criminal Code do not criminalize such acts and that freedom of expression, thought and opinion are constitutionally recognized rights, which can only be limited through laws that aim to protect the well-being of the population, and the honour and reputation of individuals.

In this connection, the Committee observes that, on 18 September 2014, five United Nations human rights experts, including the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms, while acknowledging that confronting terrorism was important, urged the Government of Ethiopia to stop misusing anti-terrorism legislation to curb the freedom of expression and association in the country. The United Nations experts emphasized that, two years after they had raised the issue for the first time, numerous reports of the misuse of the Anti-Terrorism Proclamation indicate that the law is still being used “to target journalists, bloggers, human rights defenders and opposition politicians in Ethiopia” (UN press release, 18 September 2014).

The Committee once again points out that sanctions involving compulsory prison labour, are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. The range of activities which must be protected from punishment involving compulsory labour under this provision include the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly through which citizens peacefully seek to secure the dissemination and acceptance of their views. The Committee also recalls that, even 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 punishing the peaceful exercise of civil rights and liberties, such as freedom of expression and freedom of association, where it is couched in vague and general terms. The Convention protects these rights and liberties against repression by means of sanctions involving compulsory work, including compulsory work as a consequence of a conviction in a court of law, and the limits which may be imposed on them by law need to be properly addressed.

In light of the above, the Committee requests the Government to take the necessary measures to limit the scope of application of the Anti-Terrorism Proclamation No. 652/2009 so as to ensure that no sanctions involving compulsory labour can be imposed on those holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system, and requests it to provide information on the steps taken to this end. The Committee trusts that the Government will not fail to provide information on the application in practice of sections 482(2), 484(2), 486(a) and 487(a) of the Criminal Code, in particular by providing copies of any court decisions handed down under these provisions which could define or illustrate their scope. The Committee requests the Government to provide information on the application in practice of section 613 of the Criminal Code which allows for the imposition of prison sentences of up to one year for defamation. The Committee also requests the Government to indicate the measures taken to ensure that no prison sentences, which involve compulsory prison labour, are imposed under this provision on persons for the expression of political views.

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