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

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

Other comments on C105

Observation

2022
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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For a number of years, the Committee has been referring to the following sections of the Criminal Code, under which penal sanctions involving compulsory prison labour may be imposed by virtue of section 111(1) of the Code, in circumstances covered by Article 1(a) of the Convention:

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

The Committee also referred to the broad definition of terrorism and the reference to “encouragement of terrorism” under section 6 of Anti-Terrorism Proclamation No. 652/2009, according to 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”. The Committee noted with deep concern reports on the broad application of the above provisions and on the detentions of, and prosecutions against, members of the opposition parties and human rights defenders. It therefore requested the Government to amend the above-mentioned provisions so as to ensure that, in accordance with Article 1(a) of the Convention, persons who express political views or views ideologically opposed to the established political, social or economic system, cannot be sanctioned to imprisonment involving compulsory labour on the basis of these provisions.

The Committee notes that the Government merely reiterates in its report that the peaceful expression of views or opposition to the established political, social or economic system is a constitutionally respected right and nobody is subjected to forced or compulsory labour as a result of this. The Committee notes that the Government does not provide information on the review of the above-mentioned provisions of the Criminal Code nor on their application in practice.

The Committee nevertheless observes from the Compilation Report of the Office of the United Nations (UN) High Commissioner for Human Rights, of March 2019, that in 2018, the Government of Ethiopia lifted the state of emergency decree and released a number of political detainees, bloggers and other individuals who had been detained following their participation in protests in recent years (A/HRC/WG.6/33/ETH/2, paragraph 33). The Committee also notes from the Report of the UNSpecial Rapporteur on the promotion and protection of the right to freedom of opinion and expression of April 2020, that since 2018 the Government of Ethiopia has taken significant steps to identify and reform laws that were historically used to restrict freedom of expression. In this regard, the Committee notes that Anti-Terrorism Proclamation No. 652 of 2009 was repealed and replaced by the Proclamation for the Prevention and Suppression of Terrorism Crimes No. 1178 of 2020. The Committee observes that the preamble to this Act recognizes the need to replace the Anti-Terrorism Proclamation of 2009, which had substantive and enforcement loopholes that had a negative effect on the rights and freedoms of citizens, with a law that adequately protects the rights and freedoms of individuals. The Committee welcomes the fact that new Proclamation No. 1176 of 2020 addresses some of its previous outstanding comments, for example by removing the reference to encouragement of terrorism under section 6 of the Anti-Terrorism Proclamation No. 652/2009. Moreover, new Proclamation No. 1176 of 2020 under section 4 provides for an exception to terrorist acts, by stating that “notwithstanding the provisions of section 3(1)(e) (on terrorist acts that seriously obstruct public or social service), obstruction of public service caused by a strike and the obstruction related to the institution or profession of the strikers or exercising rights recognized by law such as demonstration, assembly and similar rights shall not be deemed to be a terrorist act”. The Committee also takes due note of the adoption of Media Proclamation No. 1238/2021, which establishes that acts of defamation committed through the media shall result in civil liability and not criminal liability.

The Committee requests the Government to continue to take the necessary measures to ensure that both in law and practice no penalties involving compulsory labour can be imposed on persons for the peaceful expression of political views or views opposed to the established political, social or economic system. It therefore requests the Government to review the provisions of sections 482(2), 484(2), 486(a) and 487(a) of the Criminal Code to ensure compliance with the Convention by limiting the application of criminal sanctions to situations connected with the use of violence or incitement to violence. It requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the above-mentioned sections of the Criminal Code, including copies of any court decisions, specifying the penalties imposed and describing the facts that led to the convictions.

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