Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C105

Observation

Direct Request

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Article 1(c) and (d) of the Convention. Penal sanctions applicable to public servants for breaches of labour discipline and for participation in strikes. 1. Labour discipline. The Committee previously noted that, under section 420(1) of the Criminal Code, any public servant who fails to carry out his/her duties in a proper manner, to the prejudice of state, public or private interest, shall be subject to imprisonment not exceeding six months, which involves an obligation to perform labour by virtue of section 111(1) of the same law, or a fine. Where substantial damage has resulted from the above acts, the penalty may be increased up to the general legal maximum (section 420(2)). The Committee noted the Government’s reiterated statement that, according to the labour law and the civil servants’ law, only administrative measures are applicable as a means of labour discipline and not penal sanctions.

In this regard, the Committee notes that section 69 of the Federal Civil Servants Proclamation No.1064 of 2017 lists different types and classification of disciplinary penalties that may be imposed on civil servants for breach of discipline depending on the gravity of the offence. The Committee takes due note that the list of administrative penalties includes: (a) oral warning; (b) written warning; (c) fine of up to 15 days’ salary; (d) fine of up to three months’ salary; (e) down grading for a period of up to two years; and (f) dismissal. Penalties specified from sub-section (a) to (c) shall be classified as simple penalties and from (d) to (f) as rigorous penalties. The Committee welcomes the provisions under the Federal Civil Servants Proclamation No. 1064 of 2017 and the practice indicated, and hopes that the Government will review the broad wording of section 420(1) and (2) of the Criminal Code and restrict its application to the operation of essential services, or situations where the life, health and safety of persons are endangered.

2. Participation in strikes. The Committee had also referred to section 421 of the Criminal Code, according to which any public servant who, in breach of his/her professional or statutory obligations, goes on strike of his/her free will, or urges others to strike, is punishable under abovementioned section 420, which provides for sanctions of imprisonment or a fine. The Committee noted the Government’s indication that, conducting lawful strikes as a means to guarantee basic labour rights is a constitutionally declared right in the country, and is not a crime. Therefore, no one is compelled to be punished through compulsory labour for participating in strikes.

The Committee notes that as per section 70 of the Federal Civil Servants Proclamation No. 1064 of 2017, the offences related to neglect of duty, obstructing work or collaborating with others in committing such offence shall entail rigorous disciplinary penalties. It also takes due note that pursuant to section 186 (c) of the Labour Proclamation No. 1156/2019, the violations of prohibited acts (under section 161) related to strike shall be punished with a fine. The Committee welcomes the provisions under the Federal Civil Servants Proclamation No. 1064 of 2017 and the Labour Proclamation No. 1156/2019, the Committee hopes that the Government will review section 421 of the Criminal Code thereby ensuring that sanctions involving compulsory labour cannot be imposed for the mere fact of organizing or peacefully participating in strikes.