Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Ethiopie (Ratification: 2003)

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework. The Committee notes that sections 597 and 635 of the Criminal Code punish the offences related to trafficking in women and children, indicating the penalties imposed on perpetrators. In this regard, the Committee previously observed that Ethiopia is a source country not only for children and women but also men trafficked for forced labour and sexual exploitation (“Breaking the cycle of vulnerability: Responding to the health needs of trafficked women in east and southern Africa”, International Organization for Migration, Regional Office for Southern Africa, Pretoria, September 2006). The Committee therefore requests the Government to take the necessary measures to ensure that sections 597 and 635 of the Penal Code are amended to provide for a definition of trafficking in persons which also includes men.

2. Measures to prevent, suppress and punish trafficking in persons. The Committee notes the information provided by the Government in its report indicating that the revised employment exchange service proclamation defines the mandate of the National Committee on Anti-Human Trafficking, the activities of which are facilitated by the Ministry of Labour and Social Affairs. The Government provides information on the specialized court on human trafficking for which special benches have been established. While noting the measures taken by the Government to combat trafficking in persons, the Committee also notes the concluding observations of the Committee on the Elimination of Discrimination against Women of 27 July 2011, expressing concern about the lack of data and the low prosecution and conviction rates in relation to, in particular, the internal trafficking of women and children for forced labour and sexual exploitation and the lack of victim assistance and protection (CEDAW/C/ETH/CO/6-7, paragraph 24). The Committee accordingly requests the Government to communicate, in its next report, more detailed information on the activities of the National Committees on Anti-Human Trafficking, and on the coordination of these activities, supplying copies of the relevant reports and available statistics. The Committee also requests the Government to provide information on the functioning of the special court on trafficking and on any legal proceedings which have been instituted under sections 597 and 635–637 of the Criminal Code. It further reiterates its request to the Government to provide a copy of the strategic policy document concerning strengthening of the law enforcement measures and opportunities for prosecution of traffickers to which the Government referred in its 2009 report.

Article 2(2)(a). Compulsory military service. The Committee previously noted that, under section 18(4)(b) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include compulsory military service or, in the case of conscientious objectors, service exacted in lieu of compulsory military service. The Government indicated in its 2009 report that there is no compulsory military service in the country, stating that, under Proclamation No. 27/28 for the establishment of the National Defence Force and the issued Regulations, military service is performed on a voluntary basis. Noting the absence of information on this point in the Government’s report, the Committee again request the Government to supply, with its next report, a copy of Proclamation No. 27/28 for the establishment of the National Defence Force and the issued Regulations for the National Defence Force referred to in the Government’s report of 2009.

Article 2(2)(c). Prison labour. 1. Conviction in a court of law. The Committee previously noted that, under section 18(4)(a) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include any work or service required of a person in the ordinary course of detention in consequence of a lawful order. The Committee recalls that under Article 2(2)(c) of the Convention, work can only be exacted from a person “as a consequence of a conviction in a court of law”. As the Committee has pointed out in paragraphs 51–52 of its 2007 General Survey on the eradication of forced labour, it follows from Article 2(2)(c) that persons who are in detention but have not been convicted – such as prisoners awaiting trial or persons detained without trial – should not be obliged to perform labour (as distinct from certain limited obligations intended merely to ensure cleanliness). However, the Convention does not prevent work from being made available to such persons at their own request, to be performed on a purely voluntary basis. As the Government’s report again contains no information on this issue, the Committee reiterates its request to the Government to clarify the meaning of section 18(4)(a) referred to above and to describe conditions under which labour is exacted from persons “in the ordinary course of detention”, supplying copies of provisions governing the work of detainees.

2. 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 do such work as will be assigned by the Director of Prisons. The Committee notes the Government’s indication that there is no practice of prisoners performing labour for private individuals, companies or associations. The Committee, once again, expresses the hope that the Government, in its next report, will provide a copy of the regulations relating to prisons referred to in section 109 of the Criminal Code, particularly those governing prison labour.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 18(4)(c) of the Constitution of Ethiopia provides for an exception from the prohibition of forced or compulsory labour in cases of emergency or calamity threatening the life or well-being of the community. As the Government’s report contains no information on this issue, the Committee once again requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted under this provision. The Committee also requests the Government to indicate what guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 18(4)(d) of the Constitution of Ethiopia, the term “forced or compulsory labour” does not include any obligation to perform economic and social work incurred through voluntary community service. The Committee duly notes the clarification provided by the Government indicating that the section in question refers to persons who may voluntarily perform economic and social development activities deemed useful for the locality, which include serving on the local community based organizations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Following its previous comments, the Committee notes that section 596 of the Penal Code provides that slavery, even in disguised form, is punishable with five to 20 years imprisonment and a fine not exceeding 50,000 Ethiopian birr (ETB) (approximately US$2,874). The Government also states that the labour law for this offence imposes a fine not exceeding ETB1,200 (approximately $69). Noting the penalties provided by the law for the imposition of forced labour, the Committee requests the Government to provide information in its next report on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.