Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. The Committee requests the Government to communicate, with its next report, copies of the legislation in force in the following fields: updated and consolidated text of the Penal Code; the laws and regulations governing the execution of penal sentences; the law governing the Civil Service; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. 1. The Committee has noted that, under articles 29 and 30 of the Constitution of Ethiopia, certain rights and freedoms guaranteed under the Constitution (e.g. freedom of opinion and expression or right of assembly and demonstration) may be made subject to legal limitations in order to protect the well-being of youth, the honour and reputation of individuals and human dignity. It has also noted that, under the provisions of section 9 of the Peaceful Demonstration and Public Political Meeting Procedure Proclamation No. 3/1991, any violation of the provisions of the Proclamation is punishable under the Penal Code. The Committee requests the Government to describe any restrictions imposed by law on the freedom of opinion and expression and on the right to assemble and to demonstrate peacefully, under the above provisions of the Constitution and Proclamation No. 3/1991, indicating sanctions which may be imposed for violation of such restrictions and supplying copies of relevant texts.

2. The Committee has noted that, under the provisions of section 10(2), read in conjunction with section 20(1), of the Press Proclamation No. 34/1992, violation of the duty to ensure that the content of any press product is free from any criminal offence against the safety of the State or from any defamation or false accusation against any individual, nation, people or organization is punishable with imprisonment for a term of up to three years. The Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of the court decisions defining or illustrating their scope, so as to enable the Committee to assess their conformity with the Convention.

3. The Committee requests the Government to indicate whether the Special Penal Code Proclamation No. 8 of 1974, which contains provisions punishing with imprisonment publishing or disseminating inaccurate or subversive information or insinuations calculated to demoralize the public and to undermine its confidence (section 10), or publishing or spreading news, notes, findings, criticisms, reports or other writings, which are inaccurate or distort the facts, for the purpose of influencing a judicial decision (section 32), is still in force and, if so, to provide information on their application in practice, supplying copies of the court decisions defining or illustrating their scope.

Article 1(b). The Committee has noted that, under article 18(4)(d) of the Constitution of Ethiopia, the term "forced or compulsory labour" shall not include any obligation to perform economic and social work incurred through voluntary community service. The Committee requests the Government to specify the scope of such obligation and indicate whether it is enforced by the menace of any penalty, supplying copies of relevant texts and the information of their application in practice, so as to enable the Committee to ascertain the observance of the Convention.

Article 1(d). Referring to its observation addressed to the Government under Convention No. 87, likewise ratified by Ethiopia, in which the Committee referred to broad restrictions on the right to strike imposed by the Labour Proclamation No. 42/1993, and noting also that, under section 183 of the Labour Proclamation, violation of its provisions may be punishable with the penalties laid down in the Penal Code, the Committee requests the Government to indicate whether any penal sanctions are applicable for participation in unlawful strikes and, if so, to supply information on their application in practice, including copies of any relevant court decisions.