Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 18(2) of the Constitution stipulates that no one shall be held in slavery or servitude and prohibits trafficking in human beings for whatever purpose. It also notes that, according to the document entitled "Country Response to the Questionnaire on Violence Against Children" (hereinafter Country Response on Violence against Children) submitted in May 2005 by the Federal Ministry of Labour and Social Affairs to the UN Secretary General’s Independent Expert on the Study on Violence Against Children, the amended Penal Code of 2004 states that trafficking in women, infants and young persons to make them engage in prostitution constitutes an offence. It further states that trafficking (both external and internal) in women or minors for labour purposes constitutes an offence. The Committee asks the Government to provide a copy of the amended Penal Code of 2004.

2. Forced and compulsory labour. The Committee notes that article 18(3) of the Constitution states that no one shall be required to perform forced or compulsory labour. Article 36 of the Constitution prohibits any child from being subject to exploitative practices. The Committee takes note of this information.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that, according to section 4(3) of the Defence Force Proclamation No. 27/1996, the Defence Ministry may, in accordance with the criteria issued by it from time to time, recruit persons fit and willing for military purposes. It notes that, according to the information available at the Office, the minimum age for recruitment is 18 years and military service is not compulsory in Ethiopia. The Committee requests the Government to provide a copy of the legislation prohibiting the recruitment of children under 18 years for use in armed conflict.

Clause (b). Use, procuring or offering a child for prostitution, pornography, or pornographic performances. The Committee notes that, according to the Country Response on Violence Against Children, section 636 of the amended Penal Code punishes the exploitation of prostitution of others directly or by keeping a house for such commerce. Section 640 provides that a sexual act or any performance against good morality and behaviour in a public place constitutes an offence. According to section 641, a person who makes, imports, exports, transports, receives, possesses, displays in public, or offers for sale or hire, distributes and circulates obscene or indecent material is guilty of an offence. The Committee notes that no provision appears to exist in the relevant legislation expressly prohibiting the use, procuring or offering of a child under 18 years for prostitution, pornography or pornographic performances. The Committee accordingly asks the Government to indicate in what manner the use, procuring or offering a child under 18 years for prostitution, pornography, or pornographic performances is prohibited under the relevant legislation.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. The Committee notes that the Dangerous Drugs Proclamation of 1942 prohibits the sale and import of opium, coca, cannabis, indica or datura, or any of their alkaloids or derivatives, or heroin, without a permit or a licence issued according to the law. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, does not appear to be specifically prohibited by the relevant Ethiopian legislation, the Committee asks the Government to indicate the measures taken or envisaged to this end.

Clause (d). Hazardous work. 1. General prohibition. The Committee notes that article 36(d) of the Constitution stipulates that "every child has the right not to be subject to exploitative practices, neither to be required nor permitted to perform work which may be hazardous or harmful to his/her education, health or well-being". It also notes that, by virtue of section 89(3) of Labour Proclamation No. 377/2003, it is prohibited to employ young workers (i.e. a person aged at least 14 but not yet 18) in work which, on account of its nature or due to the conditions in which it is carried out, endangers the health of the young worker. The Committee takes due note of this information.

2. Self-employed children. The Committee notes that section 3(2) of the Labour Law Proclamation No. 377/2003 states that "this Proclamation shall not be applicable to the following employment relations arising out of a contract of employment: … (d) contracts relating to a person who performs an act, for consideration, at his own business or professional responsibility". The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children under 18 working outside an employment relationship, such as self-employed workers, are protected from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 89(4) of the Labour Proclamation No. 42 of 1993, amended by Labour Proclamation No. 377/2003, provides that the Minister of Labour "may prescribe the list of activities prohibited to young workers, which shall include in particular: (a) work in the transport of passengers and goods by road, air and internal waterway, docksides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (b) work connected with electronic power generation plant transformers or transmission lines; (c) underground work, such as mines, quarries and similar works; (d) work in sewers and digging tunnels". It notes the Government’s information that the Minister of Labour and Social Affairs, pursuant to section 89(4) of the Labour Proclamation and after consultations with the organizations of employers and workers concerned and relevant institutions, issued on 2 September 1997 a Decree concerning the Prohibition of Work for Young Workers. Section 4(1) of this Decree contains a comprehensive list of types of hazardous work, including (apart from the activities already listed in section 89(4) of the Labour Proclamation): work in great heat or cold; work involving the exposure to intense light; construction work; work in welding, moulding, tobacco or alcohol production, work in motels and cabarets. The list also contains a general provision stating that all other forms of work which could be harmful for the young worker’s physical or moral health are prohibited. Section 5 further defines maximum weights. The Committee notes the Government’s information that this list is periodically examined and reviewed.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour Inspectorate. The Committee notes the Government’s statement that the Labour Inspection Services take care of ensuring the implementation of the Labour Law. It notes that, according to sections 177 and 178 of the Labour Proclamation, labour inspectors are entitled to: (a) ensure the implementation of the Proclamation and all regulations issued in accordance to this Act; (b) classify dangerous trades or undertakings; (c) enter workplaces which they may think necessary to inspect; (d) compile statistical data relating to work conditions; (e) take administrative measures to implement the Proclamation. Furthermore, according to section 186, labour inspectors may submit cases involving offences committed in violation of the provisions of the Proclamation to the authorities competent to determine labour disputes.

2. Police and judicial system. The Committee notes the Government’s information that other existing mechanisms to monitor the implementation of the provisions giving effect to the Convention are the police and judicial system. For penal redress, the incidents are reported to the police for investigation and prosecution may follow. The Committee notes the Government’s information that efforts are being made to ensure that the police force is actively involved in combating the worst forms of child labour. In particular, the police together with the NGO "Forum on Street Children Ethiopia" have set up a Child Protection Programme in the City Police Commission of the capital. In this framework, Child Protection Units are constituted at sub-city levels. Policemen and women and social workers are among the staff of the units and undertake all activities aimed at controlling child abuse and exploitation. This programme is expected to be extended to regions.

The Committee asks the Government to continue providing information on the activities of the abovementioned monitoring mechanisms, and on any relevant impact of the Child Protection Programme on the elimination of the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s information that it has not yet finished developing programmes aimed at addressing the problems envisaged in the Convention. Such programmes will be followed just after the ongoing in-depth analysis of the Child Labour Survey of 2001. The Committee also notes the Government’s information that the measures taken to secure the prohibition and elimination of the worst forms of child labour include the preparation of a National Plan of Action of Children for the years 2003-10. It notes that, according to the "Country Response on Violence against Children", the major components of the newly adopted National Action Plan for Children 2003-2010 are: (a) providing quality education; (b) providing health facilities, clean water, sanitation, food and nutrition; (c) combating HIV/AIDS; (d) protecting children against abuses, exploitation and violence; (d) providing assistance to children in especially difficult situations; and (e) reducing child labour. The implementation of this programme is the responsibility of a National Children’s Affairs Steering Committee led by the Ministry of Labour and Social Affairs. The Committee requests the Government to provide information on the implementation of the National Plan of Action of Children for 2003-2010, and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that, according to the "Country Response on Violence against Children", the amended Penal Code of 2004 imposes sufficiently dissuasive and effective penalties of imprisonment and fines on anyone who: (a) traffics young persons for the purpose of sexual and labour exploitation; (b) directly or indirectly exploits prostitution; (c) makes, imports, exports or sells pornographic material. It also notes that section 185 of the Labour Proclamation of 2003 imposes penalties or fines on any employer or trade union who violates regulations and directives issued in accordance with the Proclamation relating to the safety of workers, or commits an act which exposes the life and the health of a worker to serious danger, or does not give special protection to women workers and young workers as provided for in the Labour Proclamation. The Committee requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1.  Trafficking and sexual exploitation. The Committee notes the Government’s information that efforts are being made to put in place the National Plan of Action against commercial sexual abuse and exploitation of children in Ethiopia (2005). This programme will also deal with prevention, protection and rehabilitation against the worst forms of child labour. The Committee notes that, according to the UNICEF data, Ethiopia is one of the top ten countries of origin for children trafficked from Africa. Every year thousands of women and girls are reported to be trafficked from Ethiopia to the Middle East, especially to Lebanon, Saudi Arabia and the United Arab Emirates. It also notes that, according to the data of the International Organization for Migration, poverty stricken Ethiopians sell their children for as little as US$1.20 each to traffickers who put them to work as prostitutes, domestic labourers, weavers or professional beggars. About 20,000 children, some 10 years old, are sold each year by their parents for these purposes. The Committee further notes that, according to the information available at the Office, child prostitution is a major concern in Addis Ababa. Girls as young as 11 years old have been reportedly recruited to work in brothels. Furthermore, according to an early 2003 survey on women and children in prostitution, the problem is growing at an alarming rate: 258 street-based women and children were found in prostitution in the capital city, of whom 60 per cent were between the ages of 15 and 24. The Committee expresses its concern at the situation described above and strongly encourages the Government to take effective and time-bound measures to prevent children from being engaged in trafficking, sexual exploitation and prostitution. It requests the Government to provide information on any developments with regard to the implementation of the National Plan of Action against Commercial Sexual Abuse and Exploitation of Children in Ethiopia (2005) as well as on any other time-bound and effective measures aimed at preventing children from being engaged in trafficking, sexual exploitation and prostitution.

2. Ensuring access to free basic education. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraph 66) expressed its concern at the very low rates of primary and secondary school enrolment, at the especially low rate of enrolment among girls, and at the very high drop-out rate. It also notes that, according to the 2001 National Child Labour Survey, in Ethiopia some 7.5 million children under the age of 14 work on an average of 34 hours per week, about 3.3 million children less than 10 years of age work 36 hours per week and two-thirds of working children do not go to school. The Committee notes that, according to the National Report of Ethiopia by the Ethiopian National Agency for UNESCO of March 2001, the New Education and Training Policy has ascertained that no tuition of any kind will be charged in the general education system. According to this report, there are encouraging signs that enrolment at all levels is rising (education coverage at the primary level increased from 26.2 per cent in 1995/95 to 51 per cent in 1999/2000; rural primary education increased; female primary school participation increased at the rate of 21 per cent between 1995 and 2000). This is mainly an outcome of the Education Sector Development Programme (EDSP) of 1999, which is a comprehensive intervention package developed by the Government in order to mobilize national and international efforts to boost the performance of the system, in particular the primary education subsector. According to the same report, the ongoing educational reform is aimed at addressing the following problems: (a) the low primary school participation; (b) rural areas and girls not served; (c) the low quality of education; (d) inefficiency of the system; (e) inadequate funding; (f) weak capacity for management. The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It requests the Government to provide further information on the Education Sector Development Programme and the ongoing school reform, and their impact on improving the access of children to free basic education. It also asks the Government to supply data on the enrolment and dropout rates in school.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee notes the absence of information on this point in the Government’s report. However, it notes that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraph 72-73), expressed its concern at reports of sexual exploitation, prostitution, and other sexual abuses of children and recommended the State party to address urgently these practices, through the rehabilitation and social reintegration of victims, the enforcement of criminal law, the prosecution of perpetrators, increased monitoring, awareness campaigns on sexual exploitation of children. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to remove child victims of trafficking and prostitution from the worst forms of child labour and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. 1. Child Victims/Orphans of HIV/AIDS and other vulnerable children. The Committee notes that, according to the UNICEF data, Ethiopia has one of the highest rates of HIV infections in the world and the number of cases continues to increase. The Committee also expresses its concern at the situation of over 200,000 children are living with the virus and over 1.2 million children orphaned by AIDS. It observes that the National Action Plan for Children (2003-2010) targets combating HIV/AIDS. The Committee also notes that, according to the "Country Response on Violence against Children", the National Plan of Action on Orphans and Vulnerable Children (2004-2006) identifies five major areas: (1) situation analysis; (2) legal and regulatory frameworks; (3) advocacy and capacity building; (4) monitoring and evaluation; (5) consultation and coordination. The Committee asks the Government to provide information on the impact of the abovementioned measures on protecting child victims/orphans of HIV/AIDS and other vulnerable children from the worst forms of child labour.

2. Street children. The Committee notes that, according to the UNICEF data, there are more than 150,000 street children in the country and economic problems have made many of them assume responsibilities normally reserved for adults. It notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.144, paragraph 74), expressed its concern at the large numbers of children living or working on the streets of the main cities and their lack of access to education, health care, essential nutrition and housing. The Committee asks the Government to provide information of any relevant impact of the National Action Plan for Children (2003-10) on protecting street children from the worst forms of child labour. It also requests the Government to provide information on the time-bound and effective measures taken or envisaged to this end.

Clause (e). Special situation of girls. The Committee notes that, according to the ILO/IPEC Rapid Assessment on Child Domestic Workers in Addis Ababa of July 2002, the number of child domestic workers is estimated to range from 250 to 300 in one district, and, consequently, the overall number of child domestics in Addis Ababa is estimated to range from 6,500 to 7,500. This document indicates that the study population is composed of 100 child domestic workers of which 83 per cent are females. It shows that children labouring in domestic work are the objects of extreme exploitation in terms of toiling for long hours for minimal pay or modest food and shelter. Moreover, domestic child labourers are beaten frequently and live in a state of constant fear. According to the findings, a good proportion of girls, particularly those who are more than 12 years of age, were sexually harassed, mostly by sons of the employers. Furthermore, 35 per cent of child domestic workers are not enrolled in school. The Committee requests the Government to provide information on any effective and time-bound measures taken or envisaged to protect child domestic workers from the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Affairs is the responsible government body established to oversee the implementation of the provisions giving effect to the Convention. Though the coordination role is of the Ministry, there are also other pertinent bodies relevant to the implementation of the Convention, such as the police and the judiciary. Furthermore, the National Committee on Child Abuse and Sexual Exploitation is another appropriate forum that can also be used for the effective implementation of the Convention.

Article 8. International cooperation. The Committee notes the absence of information on this point in the Government’s report. It requests the Government to provide information on international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including: inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.