Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ethiopie (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted 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 requested the Government to indicate the definition of the terms “minor” and “child” for the purpose of these provisions of the Penal Code.

The Committee notes the information in the Government’s report that both the Civil Code and the Revised Family Law define the term “minor” as persons below the age of 18 and that for the purpose of sections 597–600 and 635–638 of the Penal Code, the terms “minor” and “child” mean all persons under the age of 18. In this regard, the Committee notes with interest that both section 198 of the Civil Code and section 215 of the Revised Family Law define the term “minor” as persons below the age of 18.

Compulsory recruitment of a child for use in armed conflict. The Committee previously noted 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 requested the Government to provide information on the practical application of this provision.

The Committee notes the information in the Government’s report that since 1991, no violations of section 270(m) of the Penal Code have been registered, investigated or prosecuted.

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

The Committee notes with interest that the term “children” in section 525 of the Penal Code refers to all persons under the age of 18, pursuant to provisions in the Civil Code and the Revised Family Law.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Labour Law Proclamation No. 377/2003, which prohibits persons under 18 from engaging in hazardous work, does not apply to self-employed workers. In this regard, the Committee noted the Government’s indication that, since self-employed children fall outside the scope of the Labour Law Proclamation No. 377/2003, the prohibition on these children performing hazardous work was not adequately enforced.

The Committee notes the information in the National Labour Force Survey of 2004–05 (the most recent data available) that only 2.14 per cent of working children in Ethiopia are in formal labour relationships, and 96.21 per cent of working children are unpaid family workers. The Committee also notes the information in the ILO Decent Work Country Programme for Ethiopia (2009–12) that the majority of working children are engaged in agriculture and in various sectors of the urban informal economy. In this regard, the Committee notes the information from a report entitled “Findings on the Worst Forms of Child Labour – Ethiopia” of 15 December 2010 (available on the website of the UN High Commissioner for Refugees) that children engaged in agriculture may be engaged in hazardous work, as they may use potentially dangerous machinery and tools, carry heavy loads and apply harmful pesticides. This report also indicates that children may be engaged in hazardous activities in other types of work in the informal sector that they perform, such as small-scale mining, herding and petty trading in urban areas.

The Committee reminds the Government that the Convention applies to all sectors of economic activity, including children working on their own account, in the informal sector and on an unpaid basis. Furthermore, the Committee recalls that, by virtue of Article 3(d) of the Convention, hazardous work is considered to be 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 requests the Government to take immediate and effective measures to ensure that children under 18 working outside of an employment relationship, such as children working on their own account, in the informal sector or on an unpaid basis, 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.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted the information in the 2009 Global Report on Trafficking in Persons, issued by the United Nations Office on Drugs and Crime, that a number of persons in Ethiopia had been investigated and prosecuted for trafficking. It requested the Government to indicate if any of the victims of these offences were persons under the age of 18.

The Committee notes an absence of information on this point in this Government’s report. However, the Committee notes the information in the Government’s report to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) of 10 November 2009 that a Women and Children’s Trafficking Monitoring Directorate was established at the Ministry of Foreign Affairs (CEDAW/C/ETH/6-7 paragraph 48). Moreover, the Committee notes the information in a report entitled “Trafficking in Persons Report 2010 – Ethiopia” (available on the website of the UN High Commissioner for Refugees) that the Federal Police established a Human Trafficking and Narcotics Section in its Organized Crime Investigation Unit in November 2009, which resulted in increased investigations and prosecutions of trafficking offences at the national level, and improvements in cooperation with the Prosecutor’s office to move cases through the judicial system. The Committee requests the Government to provide information on whether these trafficking cases involved victims under the age of 18. In this regard, the Committee requests the Government to provide statistical information on the number of investigations carried out by the relevant monitoring and law enforcement bodies, prosecutions, convictions and penalties applied.

Article 6. Programmes of action. In its previous comments, the Committee noted that the Government’s Plan for Accelerated and Sustained Development to End Poverty (PASDEP) included programmes designed to protect children from abuse, exploitation and violence and to provide assistance to orphans and children affected by conflict.

The Committee notes the information in the Government’s report that, within the context of the PASDEP, 49 children’s parliaments have been established across the country to facilitate child participation and to mainstream children’s issues in this Plan. The Committee also notes the Government’s indication that the National Plan of Action to Eliminate the Worst Forms of Child Labour (2010–14) (NPA on WFCL) was developed in consultation with workers’ and employers’ organizations, and that consultations are ongoing to finalize and implement this NPA. The Committee further notes the Government’s indication in its report under Convention No. 138 that procedures, protocols and guidelines were developed to ensure the practical applicability of the NPA on WFCL. The Government indicates that a pilot test project was undertaken, during which children engaged in the worst forms of child labour were identified, withdrawn, rehabilitated and reintegrated with their families. The Committee requests the Government to take the necessary measures to ensure the finalization and effective implementation of the NPA on WFCL. It requests the Government to provide information on the concrete measures taken within the framework of the NPA on WFCL, and on the results achieved, particularly with regard to the number of child victims of the worst forms of child labour reached through this Plan.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted the Government’s effort to boost the performance of the educational system, particularly at the primary level through the Education Sector Development Programme (EDSP). However, the Committee noted that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 1 November 2006, expressed concern that education was neither free nor compulsory and that net enrolment remained very low. In its comments under Convention No. 138, the Committee noted that the CRC also expressed concern at, inter alia, the large number of school drop outs, the charging of fees in primary education, the overcrowding of schools, the low transition rate to secondary school, the insufficient number of trained teachers and available school facilities and the poor quality of education (CRC/C/ETH/CO/3, paragraphs 63–64).

The Committee notes the Government’s statement that it gives paramount importance to the education of children in general, and of vulnerable groups in particular. The Government indicates that the implementation of the EDSP has brought significant achievements in the education sector, including increasing the primary net enrolment rate from 68.5 per cent in 2004–05 to 83 per cent in 2008–09. The Government states in its report submitted under Convention No. 138 that it has increased the number of primary schools from 13,181 in 2003–04 to 23,354 in 2008–09, and from 595 secondary schools to 1,087 in this same period. In addition, the Committee notes the Government’s statement in this report that primary education is free. The Government further indicates in this report that it is implementing the General Education Quality Assurance Package, which encompasses six programmes related to the quality of education. The Committee takes due note of the Government’s efforts to improve the quality of basic education, increase enrolment rates, and increase access to free basic education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the educational system, within the framework of the General Education Quality Assurance Package, and to strengthen access to free basic education. The Committee requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved, particularly with regard to increasing school enrolment rates and decreasing school drop-out rates.

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, and that every year thousands of women and girls are reported to be trafficked from Ethiopia to the Middle East. It also noted that, according to the information from the International Organization for Migration (IOM), poverty-stricken Ethiopians sell their children for as little as US$1.2 to traffickers for use in prostitution, domestic work, or as weavers and professional beggars. About 20,000 children, some as young as 10 years old, are sold each year by their parents for these purposes.

The Committee notes with regret the absence of information on this point in the Government’s report. However, the Committee notes the Government’s statement in its report to the CEDAW of 10 November 2009 that, with regard to external trafficking (mainly to the Middle East), socio-economic problems are the main factor of vulnerability of victims (CEDAW/C/ETH/6-7 paragraph 47). The Government indicates that external trafficking has been decreasing, and refers to measures it has taken to decrease the prevalence of both trafficking and prostitution, such as increasing girls’ access to education, efforts to minimize early marriage and the creation of economic alternatives (CEDAW/C/ETH/6-7 paragraph 51). The Government further indicates in this report that the Ministry of Labour and Social Affairs and the Ministry of Education have worked in partnership with the IOM in several counter-trafficking activities with a special focus on prevention (CEDAW/C/ETH/6-7 paragraph 48). The Committee also notes the information in the report entitled “Trafficking in Persons Report 2010 – Ethiopia” that the country’s primary school textbooks include information on child labour and trafficking. This report also indicates that, although the Government’s efforts to prevent international trafficking have increased, the measures to heighten awareness of internal trafficking remain negligible. In this regard, the Committee notes the statement in the ILO Decent Work Country Programme (2009–12) that out of the large number of children engaged in the worst forms of child labour, many of them are victims of internal trafficking. The Committee, therefore, urges the Government to strengthen its efforts to protect children from becoming victims of trafficking, particularly internal trafficking, and of commercial sexual exploitation. It requests the Government to provide information on the concrete measures taken in this regard.

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. In its previous comments, the Committee noted the Government’s statement that, while there are some community-based organizations that provide services for child victims of trafficking, these services are not significant compared to the high prevalence of sexual abuse and exploitation. Furthermore, the Committee noted 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 non-governmental organizations.

The Committee notes the Government’s indication in its report that child friendly rehabilitation and treatment guidelines have been developed for child victims of sexual abuse and exploitation, which also ensure that these victims are protected and supported during the subsequent legal proceedings. The Committee also notes the Government’s statement in its report to the CEDAW of 10 November 2009 that it has established trafficking checkpoints in selected bus stations in areas where trafficking is comparatively prevalent. The Government indicates that these offices operate to identify and reunite trafficked children with their families (CEDAW/C/ETH/6-7 paragraph 49). The Committee further notes information in the report entitled “Trafficking in Persons Report 2010 – Ethiopia” that there is a Child Protection Unit (a joint police-NGO identification and referral team) in the central bus terminal of Addis Ababa, which is dedicated exclusively to identifying and obtaining care for trafficked children. This report indicates that in 2009, this Child Protection Unit identified 1,134 trafficked children, an increase of 235 victims over the previous year. This Unit referred 116 trafficked children to NGO shelters for care and family tracing and reunified 757 children with parents or relatives in Addis Ababa and outlying regions. In addition, this report indicates that the Addis Ababa City Administration’s Social and Civil Affairs Department reunified 26 trafficked children with their families in the regions and placed five in foster care. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to continue to provide information on measures taken to this end, and information on the number of victims of trafficking under the age of 18 who have been identified by the Child Protection Unit and have benefited from the Government’s rehabilitative and reunification services.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted 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. However, the Committee noted that, according to UNAIDS, Ethiopia has one of the largest populations of children orphaned by AIDS in sub-Saharan Africa, and that current programmes reach only a fraction of these children.

The Committee notes the information in the Government’s report submitted under Convention No. 138 that the Government is implementing an Orphan and Vulnerable Children programme with the involvement of relevant government bodies, NGOs and the community. 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 2010 that 34.6 per cent of households with OVCs receive basic external support in caring for those children. The Government indicates that there are many small-scale OVC care and support activities throughout the country, including the provision of training in business skills and management to support OVCs, cash transfers to households through micro-finance schemes, and food and nutrition support. The Government further indicates that in 2008–09, 235,558 OVCs received educational support, 167,313 received nutritional and shelter support, 23,741 received financial support, and 20,348 received support through income-generating activities. However, the Government indicates in this report that there are approximately 2,300,000 OVC’s in the country. Moreover, the Government indicates in this report that coordination and harmonization of OVC activities is not strong. The Committee further notes the information in a UNICEF document on Ethiopia entitled “Child Protection”, available on the UNICEF website, that an increasing number of street children have lost their parents to illnesses often associated with HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, within the framework of the Orphan and Vulnerable Children programme, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

Street children. The Committee previously noted the information in the Government’s report submitted to the CRC, that the Government and UNICEF launched a programme addressing the needs and concerns of street children which provides services in education, health, counselling and legal services (CRC/C/129/Add.8, paragraphs 210–211). Nonetheless, the Committee noted 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.

The Committee notes the information in the UNICEF document entitled “Child Protection”, that, according to the Ministry of Labour and Social Affairs, there are between 150,000 and 200,000 street children nationally, with a further 1 million children vulnerable or at risk of being on the street. This UNICEF document also indicates that the increase of children living on the streets of Addis Ababa is one of the city’s most pressing social problems. Furthermore, this UNICEF document indicates that girls living on the street are at a high-risk of becoming victims of prostitution. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to protect street children from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken to provide for the removal of street children, in addition to their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee previously noted that, according to the ILO–IPEC rapid assessment on child domestic workers in Addis Ababa of July 2002, there were approximately 6,500 to 7,500 child domestic workers in the city. This study indicated that these children are the objects of extreme exploitation, working long hours for minimal pay or modest food and shelter, and that they are vulnerable to physical and sexual abuse.

The Committee notes the statement in the ILO Decent Work Country Programme (2009–12) that a large number of children work in the urban informal economy, including domestic work, and that although reliable data are lacking, many of them work in exploitative conditions constituting a worst form of child labour. The Committee also notes the Government’s statement in its report to the CEDAW of 10 November 2009 that a significant portion of women and children working as domestic labour in Addis Ababa are from rural areas. The Government indicates in this report that girls engaged in domestic work have a decreased likelihood of enrolling in school and that domestic work is also a cause for grade repetition and school drop-outs (CEDAW/C/ETH/6-7 paragraphs 46 and 92). The Committee notes with regret the absence of information on this point in the Government’s report. The Committee once again requests the Government to take the necessary measures to protect children under the age of 18, and girls in particular, from engaging in exploitative domestic work. The Committee requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement in its report to the CEDAW of 10 November 2009 that trafficking in children as well as their exploitation through prostitution is reported to exist across the country, and that trafficking in women and children from rural to urban areas is particularly widespread (CEDAW/C/ETH/6-7 paragraph 46). The Government indicates in this report that girls are trafficked for the purpose of prostitution and that a significant proportion of women and children working as prostitutes in Addis Ababa are from rural areas (CEDAW/C/ETH/6-7 paragraph 47). The Government also indicates in this report that reliable and comprehensive data on the emergence and prevalence rate of trafficking is not available (CEDAW/C/ETH/6-7 paragraph 46). The Committee further notes the statement in the ILO Decent Work Country Programme (2009–12) that large numbers of children are thought to be engaged in the worst forms of child labour in Ethiopia, including child prostitution and exploitative domestic work. However, this document also indicates that precise and reliable data is lacking. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country, and urges the Government to redouble its efforts to combat these worst forms, particularly trafficking and commercial sexual exploitation. It also requests 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 made available. To the extent possible, all information provided should be disaggregated by sex and age.