CMNT_TITLE

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.