Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It requests it to supply 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 had previously noted 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 had also noted that, according to the document entitled “Country Response to the Questionnaire on Violence Against Children” (Country Response on Violence against Children) submitted in May 2005 by the Federal Ministry of Labour and Social Affairs to the United Nations 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 force them into 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 once again requests the Government to provide a copy of the amended Penal Code of 2004.

2. Compulsory recruitment of a child for use in armed conflict. The Committee had previously noted that, according to section 4(3) of 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 had noted 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 once again requests the Government to provide a copy of the legislation prohibiting the recruitment of children under 18 years for use in armed conflict.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. The Committee had noted 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 once again asks the Government to indicate the measures taken or envisaged to this end.

Clause (d). Hazardous work. Self-employed children. In its previous comments, the Committee had noted that section 3(2) of 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 once again 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 6. Programmes of action. The Committee had previously noted 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 after the ongoing in-depth analysis of the Child Labour Survey of 2001. The Committee had also noted 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 had noted that, according to the “Country Response on Violence against Children”, the major components of the newly adopted national action plan for children 2003-10 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; (e) providing assistance to children in especially difficult situations; and (f) 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 once again requests the Government to provide information on the implementation of the National Plan of Action for Children for 2003-10, and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Trafficking and sexual exploitation. The Committee had previously noted the Government’s information that efforts are being made to put in place to implement 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 had noted 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 had also noted 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 had further noted 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 once again 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 once again 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 effective and time-bound measures aimed at preventing children from being engaged in trafficking, sexual exploitation and prostitution.

2. Ensuring access to free basic education. The Committee had previously noted that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraph 66) had 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 dropout rate. It had also noted 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 had further noted 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 1995/96 to 51 per cent in 1999/2000; rural primary education increased; and 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; and (f) weak capacity for management. The Committee considers that education plays an important role in preventing children from engaging in the worst forms of child labour. It once again 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 had previously noted that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraphs 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, and awareness campaigns on sexual exploitation of children. The Committee once again 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). Identifying and reaching out to children at special risk. 1. Child victims/orphans of HIV/AIDS and other vulnerable children. In its previous comments, the Committee had noted 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 had also expressed 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 had observed that the national action plan for children (2003-10) targets combating HIV/AIDS. The Committee had also noted that, according to the “Country Response on Violence against Children”, the national plan of action on orphans and vulnerable children (2004-06) identifies five major areas: (1) situation analysis; (2) legal and regulatory frameworks; (3) advocacy and capacity building; (4) monitoring and evaluation; and (5) consultation and coordination. The Committee once again 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 had previously noted 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 had further noted 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 number 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 once again 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 other effective and time-bound measures taken or envisaged to this end.

Clause (e). Special situation of girls. The Committee had previously noted 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 workers 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 once again 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.

Part V of the report form. The Committee once again 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.