Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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. Referring to its previous comments, the Committee notes the information in the Government’s report that sections 635–638 of the amended Penal Code of 2004 prohibit the trafficking of minors for sexual exploitation, and that sections 597–600 of the Penal Code prohibit the trafficking of children for labour exploitation. The Committee asks the Government to indicate the definition of the terms “minor” and “child” for the purpose of these provisions of the Penal Code.

2. Compulsory recruitment of a child for use in armed conflict. Following from its previous comments, the Committee notes that, pursuant to section 270(m) of the Penal Code, it is prohibited to recruit children who have not attained the age of 18 years as members of defence forces to take part in armed conflict. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 November 2006, expressed concern about the possible gaps within the recruitment process due to a lack of adequate birth registration (CRC/C/ETH/CO/3, paragraph 67). The CRC further noted with concern the lack of data available on children involved in armed conflict (CRC/C/ETH/CO/3, paragraph 18). Therefore, the Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in this worst form of child labour in Ethiopia is available. The Committee further requests the Government to provide information on the practical application of the section 270(m) of the Penal Code on the recruitment of children in armed conflict by communicating, in particular, statistics on the number and nature of violations registered, investigations carried out, prosecutions, convictions and penalties applied.

Clause (c). Use, procuring or offering a child for illicit activities. Production and trafficking of drugs. The Committee notes the information in the Government’s report that section 525(1) of the Penal Code prohibits the production, possession, importation, distribution and procuration of poisonous, narcotic or psychotropic plants or substances. The Committee further notes that subsection (2)(c) of section 525 provides for a higher penalty when this offence is committed by engaging children. The Committee asks the Government to indicate the definition of the term “children” for the purpose of section 525 of the Penal Code.

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 notes the Government’s indication that, since self-employed children fall outside the scope of the Labour Proclamation, this provision of the Convention is not adequately enforced. The Committee reminds the Government that the Convention applies to all sectors of economic activity, including children working on their own account. Furthermore, the Committee recalls that, by virtue of Article 3(d) of the Convention, hazardous work is considered as one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Therefore, the Committee 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. In this respect, the Committee invites the Government to consider the possibility of assigning special powers to labour inspectors with regard to children engaged in economic activity on their own account, thereby securing the protection against hazardous work, afforded by the Convention, to all children.

Article 6. Programmes of action. In its previous comments, the Committee had noted the Government’s indication that the measures taken to secure the prohibition and elimination of the worst forms of child labour were included the National Plan of Action for Children for 2003–10 (NPA). The Committee notes the information in the Government’s report that implementation of the NPA is currently under way and it is being overseen by the Ministry of Women’s Affairs, with partners and donors providing the required technical and financial assistance. The Committee notes that the Government’s indication that NPA is referenced in the Government’s Plan for Accelerated and Sustained Development to End Poverty (PASDEP), a five-year strategy for overall development. The Committee notes that the PASDEP includes a focus on universal primary education and HIV/AIDS interventions, and also contains programmes designed to protect children from abuse, exploitation and violence and to provide assistance to orphans and children affected by conflict. The Committee requests the Government to continue to provide information on the implementation of the NPA, specifically on the impact of any measures aimed at the elimination of the worst forms child labour.

Article 7, paragraph 1, and Part III of the report form. Penalties and court decisions. The Committee notes the information in the Global Report on Trafficking in Person, issued by United Nations Office on Drugs and Crime on 12 February 2009, that 120 persons were investigated in Ethiopia for trafficking in persons between 2004 and 2007 and that, in 2007, 18 offenders were prosecuted and convicted for trafficking in persons for the purpose of slavery. Eight of those convicted were Ethiopian citizens, who were sentenced to more than ten years in prison, and the remainder, all of whom were Somali citizens, were deported to Somalia (page 113). The Committee requests the Government to indicate if any of the victims of these offences are persons under the age of 18 and, if so, to provide information on the number of these child victims of trafficking.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Ensuring access to free basic education. The Committee previously noted the Education Sector Development Programme (EDSP) of 1999, 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. The Committee had requested the Government to provide further information on the EDSP and the ongoing school reform, and their impact on improving the access of children to free basic education. The Committee notes the information in the Government’s report that drop-out rates have fallen over the 2001–06 period, and that there has been an increase in enrolment at the primary, secondary and higher education levels, as well as for technical and vocational education and training. Nonetheless, the Committee notes that the CRC, in its concluding observations of 1 November 2006, expressed concern that education was neither free nor compulsory. It noted that net enrolment is still very low, and encouraged the Government to take the necessary measures to ensure that all children are enrolled in primary education. The CRC further recommended that the Government undertake additional efforts to ensure access to informal education to vulnerable groups, including street children, orphans, children with disabilities, child domestic workers and children in conflict areas and camps (CRC/C/ETH/CO/3, paragraphs 63–64). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to improve the functioning of the education system, within the framework of the EDSP. In this regard, it requests the Government to provide information on the time-bound measures taken to increase access to education for the vulnerable groups, as well as increase school attendance for children from rural areas and at the secondary level. The Committee requests the Government to provide information on the results achieved.

2. Trafficking and commercial sexual exploitation. In its previous comments, the Committee 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. The Committee noted the Government’s information that efforts are being made to implement the national plan of action against the commercial sexual abuse and exploitation of children in Ethiopia (2005). It had also noted that, according to the data of the International Organization for Migration (IOM), poverty-stricken Ethiopians sell their children for as little as US$1.2 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. The Committee expressed its concern at this situation and strongly encouraged the Government to take effective and time-bound measures to prevent children from being engaged in trafficking and prostitution.

The Committee notes that, in its report to the CRC of 28 October 2005 (CRC/C/129/Add.8), the Government states that a National Steering Committee Against Sexual Exploitation of Children (CASEC), comprising of representatives from government ministries, UNICEF and NGOs, was established with the objective of implementing policies, laws and programmes pertinent to the abolishment of the sexual exploitation of children. The Government’s CRC report further indicates that CASEC conducted research on the magnitude of the problem of sexual exploitation of children and had done some awareness-raising work on this issue (CRC/C/129/Add.8 paragraph 208). In addition, the Committee notes the information from the IOM that it is engaged in several counter-trafficking initiatives in Ethiopia, including collaboration with the Ministry of Labour and Social Affairs on a workshop for various stakeholders on trafficking of women and children, as well as collaboration with the Ministry of Education on an anti-trafficking and HIV/AIDS project. Nonetheless, the Committee notes that the CRC, in its concluding observations of 1 November 2006, expressed serious concern about the high number of children who are abducted and sold each year within and outside of Ethiopia. In light of this, the Committee asks the Government to redouble its efforts to protect children from this worst form of child labour. It also requests the Government to provide further information on the impact of any activities undertaken by the CASEC on the prevention of the trafficking and commercial sexual exploitation of children. Lastly, the Committee requests the Government to provide, in its next report, data on the commercial sexual exploitation of children, from the research studies conducted by the National Steering Committee Against Sexual Exploitation of Children.

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 previously requested 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. The Committee notes the Government’s indication that it established the national action plan on sexual abuse and exploitation of children (2006–10) to support the rehabilitation and reintegration of child victims of trafficking and prostitution. In addition, the Committee notes the IOM information that it is engaged in several voluntary assisted return and reintegration programmes for victims of trafficking, and that a local NGO (the Good Samaritan Association) has opened a rehabilitation and reintegration centre in Addis Ababa for victims of trafficking. Nonetheless, the Committee notes the Government’s statement that, while there are some community-based organizations that provide services for child victims, these services are not significant compared to the high prevalence of sexual abuse and exploitation. Furthermore, the Committee notes that the CRC, in its concluding observations of 1 November 2006, recommended that the Government provide further resources to support physical and psychological recovery for children affected by sexual exploitation, as the provision of these services largely depends upon NGOs. Considering the magnitude of child trafficking and prostitution in Ethiopia noted under Article 7(2)(a), the Committee requests the Government to take effective and time-bound measures to remove young persons under 18 years of age from this worst form of child labour, as well as to provide for their rehabilitation and social integration. The Committee further requests the Government to provide information on the impact of these measures.

Clause (d). Identifying and reaching out to children at special risk. 
1. Child victims/orphans of HIV/AIDS and other vulnerable children (OVCs). In its previous comments, the Committee had requested the Government to provide information on the impact of the NPA and of the national plan of action on orphans and vulnerable children (2004–05) on protecting OVCs from the worst forms of child labour. The Committee notes the Government’s indication that the Ministry of Women, which is responsible for the national plan of action on orphans and vulnerable children is currently not able to give information on the implementation of this programmes. The Committee also notes the information in the Government’s report entitled “Progress towards implementation of the UN Declaration of Commitment on HIV/AIDS” of March 2008 that, while Ethiopia does not have a policy or strategy to address the additional needs of OVCs, there are ongoing activities to develop a specific strategy for orphans. This report also indicated that approximately 160,000 OVCs are accessing psychosocial, educational, and nutritional services, as well as training and funding for income-generation activities. The Committee further notes the UNICEF information that it is currently implementing initiatives regarding child labour, particularly its connection to HIV/AIDS, in an effort to counter the exploitation of vulnerable children. However, the Committee notes that, according to UNAIDS, Ethiopia has one of the largest populations of children orphaned by AIDS in sub-Saharan Africa, currently estimated at 886,820, and that current programmes reach only a fraction of these children. Considering that children orphaned by HIV/AIDS and other vulnerable children are at increased risk from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

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 that economic problems have made many of them assume responsibilities normally reserved for adults. The Committee had asked the Government to provide information of any relevant impact of the NPA on protecting street children from the worst forms of child labour. It also requested the Government to provide information on other effective and time-bound measures taken or envisaged to this end. The Committee notes the information in the Government’s report that some programmes on this subject have been proposed, and target groups for these programmes identified. The Committee also notes the information in the Government report submitted to the CRC, that the Government and UNICEF launched a programme addressing the needs and concerns of street children, and provides services in education, health, counselling, legal services and some family support. In addition, the Committee notes the Government’s indication in this report that there are more than 16 NGOs in Ethiopia implementing programmes to address this issue, including the provision of formal and non-formal education to street children (CRC/C/129/Add.8,
paragraphs 210–211). Nonetheless, the Committee notes that the CRC, in its concluding observations of 1 November 2006, expressed deep concern at the increasing number of street children, especially in major urban centres, who are also victims of drug abuse, sexual exploitation, harassment and victimization by members of the police force. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue to take measures to protect them from these worst forms. It also requests the Government to provide information on the measures adopted in the context of the NPA to protect street children, as well as information on any other measures taken to assist in their removal, rehabilitation and social integration.

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 requested the Government to provide information on measures taken or envisaged to protect child domestic workers. The Committee notes the Government’s indication that the Ministry of Labour and Social Affairs will start to revise the NPA, and that it will provide information on this issue when this is complete. Considering the findings mentioned above, the Committee must express its serious concern, and urges the Government to take immediate measures to protect child domestic workers from the worst forms of child labour. The Committee further requests the Government to provide information on the impact of these measures in its next report.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that it has encountered many practical difficulties in the application of the Convention. The Government’s report identifies resource constraints (a lack of qualified manpower and inadequate budgetary allocations), institutional limitations (the absence of a birth registration system and the absence of a national steering committee), gaps in the relevant legislation, a lack of statistics on the child labour, a lack of guidance on how to address child labour issues and a lack of public awareness on the issue. The Committee notes these difficulties. To address gaps in current legislation, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention. To address the lack of information on the prevalence of child labour within Ethiopia, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in the worst forms of child labour is available and invites the Government to provide such data when it becomes available.