Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Communication of texts. The Committee again requests the Government to communicate, with its next report, a copy of the law governing the civil service and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. The Committee has noted that the following sections of the Criminal Code provide for sanctions of imprisonment which involve an obligation to perform labour (by virtue of section 111(1)) in circumstances covered by the Convention:

–      section 486(a) (inciting the public through false rumours);

–      section 487(a) (seditious demonstrations: 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); and

–      sections 482(2) and 484(2) (punishment of ringleaders, organizers or commanders of forbidden societies, meetings and assemblies).

The Committee previously 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 recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in
paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association or participation in meetings and gatherings.

In the light of the above considerations, the Committee requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 482(2), 484(2), 486(a) and 487(a) of the Criminal Code, and sections 10(2) and 20(1) of Press Proclamation No. 34/1992, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention. Please also provide information on measures taken or envisaged to ensure the observance of the Convention in this regard.

Article 1(b). Obligation to perform economic and social work incurred through voluntary community service. The Committee previously 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 again 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(c) and (d). Penal sanctions applicable to public servants for breaches of labour discipline and for having participated in strikes. The Committee has noted that under section 420(1) of the Criminal Code, any public servant who fails to carry out his duties in a proper manner, to the prejudice of state, public or private interest, may be punished with penalties of imprisonment (which involves an obligation to perform labour). Where substantial damage has resulted from the above acts, a penalty may be increased up to the general legal maximum (section 420(2)). Under section 421 of the Criminal Code, public servants who go on strike of their own free will, in breach of their professional or statutory obligations, are also punishable with imprisonment (involving an obligation to work).

Recalling that Article 1(c) and (d) prohibits the use of forced or compulsory labour as a means of labour discipline and as a punishment for having participated in strikes, the Committee requests the Government to provide information on the application of sections 420 and 421 in practice, including copies of the court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Referring also to its observation addressed to the Government under Convention No. 87, likewise ratified by Ethiopia, as well as to the explanations provided in paragraphs 184–186 of its General Survey of 2007 on the eradication of forced labour, the Committee hopes that the Government will consider a possibility to amend section 421 so as to limit its scope to public servants exercising authority in the name of the State and to emergency situations or, more generally, to circumstances where the life, personal safety or health of the whole or part of the population are endangered.