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Repetition Article 1(c) and (d) of the Convention. Penal sanctions applicable to public servants for breaches of labour discipline and for having participated in strikes. 1. Labour discipline. The Committee previously noted that, under section 420(1) of the Criminal Code, any public servant who fails to carry out his/her duties in a proper manner, to the prejudice of state, public or private interest, shall be subject to imprisonment not exceeding six months, which involves an obligation to perform labour by virtue of section 111(1) of the same law, or a fine. Where substantial damage has resulted from the above acts, the penalty may be increased up to the general legal maximum (section 420(2)). In this regard, the Committee had noted the Government’s indication that, although section 420 may emanate from breaches of labour discipline, the provision concerns criminal acts of individuals who violate their work duties and cause harm to the state, public or private interest. The Government also indicated that, for breaches of labour discipline, in the strict sense of the term, administrative measures were taken. The Committee notes the Government’s reiterated statement in its report that, according to the labour law and the civil servants law, only administrative measures are applicable as a means of labour discipline. The punishment for breaching labour discipline is more of an administrative type and is not a penal sanction. While noting this information, the Committee once again points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that section 420(1) and (2) is worded in terms broad enough to lend itself to be applied as a means of punishment for breaches of labour discipline in the strict sense of the term. Furthermore, any infringement of these provisions may lead to the imposition of a prison sentence under which compulsory prison labour may be required. The Committee therefore once again requests the Government to take the necessary measures to amend section 420(1) and (2) of the Criminal Code in order to restrict its application to acts concerning the operation of essential services, or to situations where the life, health and safety of persons are in danger due to wilful acts, so as to bring the legislation into conformity with the Convention. 2. Participation in strikes. The Committee had also referred to section 421 of the Criminal Code, according to which any public servant who, in breach of his/her professional or statutory obligations, goes on strike of his/her free will, or urges others to strike, is punishable under abovementioned section 420, which provides for sanctions of imprisonment or a fine. In this regard, the Committee notes the Government’s indication that, conducting lawful strikes as a means to guarantee basic labour rights is a constitutionally declared right in the country, and is not a crime. Therefore, no one is compelled to be punished through compulsory labour for participating in strikes. The Committee once again draws the Government’s attention to the fact that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. It points out that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring section 421 of the Criminal Code into conformity with the Convention, so as to ensure that persons peacefully organizing or participating in a strike are not liable to sanctions of imprisonment involving an obligation to work. The Committee requests the Government to provide information on the progress made in this regard. Communication of texts. Noting that the Government’s report contains no information on this matter, the Committee requests it to provide a copy of the legislation governing labour discipline in merchant shipping.
Repetition 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 definition of terrorism under the Anti-Terrorism Proclamation No. 652/2009, under section 6 of 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”. In this regard, the Committee noted that in 2010 the United Nations Universal Periodic Review (UPR) Working Group expressed concern at the Anti-Terrorism Proclamation which, due to its broad definition of terrorism, had led to abusive restrictions on the press. The Committee further noted that journalists and opposition politicians had been given sentences ranging from 11 years to life imprisonment under the Proclamation, and that numerous defendants were scheduled to appear before the courts on similar charges. The Committee therefore urged the Government to take measures to limit the scope of application of the Anti-Terrorism Proclamation and the above provisions of the Criminal Code in order to ensure that no sanctions involving compulsory labour could be imposed on those holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the Government’s reiterated indication in its report that, the peaceful expression of views or of opposition to the established political, social or economic system is a constitutionally respected right and nobody is forced to be subjected to forced or compulsory labour as a result of this. The Committee also notes that an ILO mission took place in Ethiopia in September 2016, as a follow-up to the March 2015 mission on implementation gaps in the application of the forced labour Conventions. According to the mission report, discussions were held with the relevant stakeholders regarding certain provisions of the Criminal Code that involve compulsory prison labour with a view to ensuring their conformity with the Convention. Moreover, the Committee notes that, in a press release of 2016, the African Commission on Human and Peoples’ Rights (the African Commission) observed with deep concern the deterioration of the human rights situation in Ethiopia, particularly the recent unrest and violence in the Oromia Region. Moreover, the Committee observes that the African Commission adopted a resolution in which it expressed concern about the use of excessive and disproportionate force to disperse protests, resulting in the deaths and injuries of several protestors, as well as the arbitrary arrest and detention of many others. Following the protests which began in November 2015, the African Commission also expressed its concern about allegations relating to the arbitrary arrest and detention of members of opposition parties and human rights defenders (ACHPR/Res.356(LIX) 2016). Moreover, the Committee observes that the African Commission is concerned by restrictions on movement, assembly, media access, internet services as well as the arbitrary arrest and detention of many people following the state of emergency declaration. The Committee is bound to express its deep concern over the detentions of, and prosecutions against, members of the opposition parties and human rights defenders, and recalls that restriction on fundamental rights and liberties, including freedom of expression may have a bearing on the application of the Convention if such restrictions are enforced by sanctions involving compulsory labour. In this respect, referring to its 2012 General Survey on the fundamental Conventions, the Committee points out that the range of activities which must be protected from punishment involving compulsory labour under Article 1(a) of the Convention include the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and which may also be affected by measures of political coercion (paragraph 302). The Committee therefore once again urges the Government to take the necessary measures to ensure that no penalties involving compulsory labour are imposed for the peaceful expression of political views opposed to the established political, social or economic system, for example by clearly restricting the application of the Anti-Terrorism Proclamation, as well as the following provisions of the Criminal Code: sections 482(2), 484(2), 486(a) and 487(a), to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. Finally, the Committee requests the Government to provide information in this connection, as well as information on the application in practice of the abovementioned sections of the Criminal Code and the Anti-Terrorism Proclamation, including copies of any court decisions specifying the penalties imposed.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
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 420–421 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.
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.
The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the report will include full information on the following matters raised in its previous direct request:
The Committee requests the Government to communicate, with its next report,, copies of the legislation in force in the following fields: the new Penal Code of 2004; 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 restrictions on the right to strike imposed by the Labour Proclamation No. 377/2003, 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.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.
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(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.
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.