Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C182

Observation

2022
2021
2018
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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In reply to its previous comments concerning the application in practice of the Ant-trafficking Proclamation No.909/2015, the Committee notes the Government’s indication in its report that Proclamation No. 909 of 2015 has been repealed and replaced by a new Prevention and Suppression of Trafficking in Persons and Smuggling of Persons Proclamation (Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020). The Committee notes with interest the Government’s statement that this new Proclamation is more efficient in crime prevention, holding perpetrators accountable, and contains provisions for protecting and rehabilitating victims. Moreover, it provides for undertaking activities that reach segments of society vulnerable to the crimes taking into consideration the age, sex and special needs of victims through facilitating international cooperation.

The Committee notes that section 4 of the Prevention and Suppression of TIP-SOP Proclamation No 1178/ 2020 makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child and provides for a penalty of rigorous imprisonment from ten to twenty years and a fine from 30,000 to 100,000 Birr (approximately US$571 to US$1,905). Moreover, smuggling of a child is punishable with rigorous imprisonment from seven to fifteen years and fine from 20,000 to 100,000 Birr. Section 33 of the Prevention and Suppression of TIP-SOP Proclamation No 1178/2020 provides for the establishment of the National Council to coordinate the prevention and control of the crimes related to trafficking, smuggling and unlawful sending of persons abroad for work. However, the Government indicates that statistical information on the number and nature of offences, investigations, prosecutions and penal sanctions related to trafficking of children is impossible to find due to weak and irregular reporting system at all levels. The Committee urges the Government to strengthen its efforts to ensure the effective application of the Prevention and Suppression of TIP-SOP Proclamation No. 1178 of 2020 and to take the necessary measures to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that effective and dissuasive penalties are imposed in practice. It requests the Government to take the necessary measures to collect data, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years and to provide information in this regard.

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 notes that according to the UNICEF Ethiopia Humanitarian Situation report of June 2022, over 2.9 million children (17 per cent of the school age children) across Ethiopia remain out of school, including 2.53 million due to conflict and 401,000 due to drought. Almost 50 per cent of those out of school children are entering their third year without any access to learning, heightening the risk of a lost generation for children in northern Ethiopia. Based on school damage assessments in May, more than 8,660 schools across Ethiopia are fully or partially damaged, 70 per cent of which were in Afar, Amhara and Tigray due to the North Ethiopia conflict. The Committee also notes that the UNESCO estimates for 2020 indicates a net enrolment rate of 87.2 per cent at the primary level. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to improve the operation of the education system and to facilitate access to free basic education to all children, particularly in the zones affected by the conflict. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved, in particular concerning the increase in school enrolment and completion rates and reduction in the school drop-out rates in primary and secondary education.

Clauses (a) and (b). Prevention and direct assistance for the rehabilitation and social integration. Trafficking and commercial sexual exploitation of children. The Committee notes that sections 23 and 24 of the Prevention and Suppression of TIP-SOP Proclamation No 1178/2020 provides for the protection, rehabilitation and compensation of victims of trafficking. The Government indicates that the Ministry of Women and Social Affairs conducted awareness raising and advocacy programmes on prevention of trafficking to over 5.6 million people; conducted anti-trafficking community conversation sessions in 20,732 villages; and established 1,617 school anti-trafficking clubs to advocate and conduct peer education programmes.

The Committee notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 2019, expressed concern at the limited data on trafficking in women and girls and at the lack of data on the extent of exploitation of prostitution of women and girls in the State party; and at the lack of information on programmes implemented for the benefit and protection of women and girls who are victims of trafficking and exploitation of prostitution (CEDAW/C/ETH/CO/8, paragraph 25). The Committee urges the Government to take effective and time-bound measures to prevent children from becoming victims of trafficking and prostitution and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government to provide information on the protection and rehabilitation measures taken for child victims of trafficking pursuant to sections 23 and 24 of the Prevention and Suppression of TIP-SOP Proclamation No 1178/2020.

Clause (d). Identifying and reaching out to children at special risk. 1. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s information that various guidelines to identify and reach out to children at special risk, in particular orphans and OVC were developed including: (i) Case Management guidelines; (ii) the Service Linkage and Referral guideline; (iii) the Urban Destitute Implementation Manual; (iv) the Service Provision Standard Guideline; and (v) the Care and Support Guideline for AIDS orphans. The Government indicates that the Federal HIV/AIDS Prevention and Control Office is the focal institution to nationally coordinate and guide the social protection support based on the implementation guidelines, especially to children orphaned by HIV/AIDS. Support for HIV/AIDS orphans are regularly assisted by funds to combat HIV, in addition to engaging families on income generating activities. It notes that the Ministry of Women and Social Affairs, in cooperation with relevant NGOs, civil society, religious and community-based organizations developed and implemented OVC care and support programmes in 2020–21 for an estimated 1,193,448 beneficiaries including children under difficult circumstances. During this period, 20,121 vulnerable children received institutional services and 3,883 children were integrated with their families. The Committee observes that, according to estimates made by UNAIDS in 2021, approximately 280,000 children aged 0 to 17 years are orphans due to HIV/AIDS in Ethiopia. Recalling that HIV/AIDS orphans and OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to continue its efforts to ensure that HIV/AIDS orphans and OVCs are protected from the worst forms of child labour. The Committee requests the Government to provide information on the specific measures taken in this respect and on the results achieved.

Clause (e). Special situation of girls. Domestic work. The Committee previously noted that there were approximately 6,500–7,500 child domestic workers in Addis Ababa.

The Committee notes the Government’s information that some preliminary studies conducted on domestic work revealed that child domestic workers are subjected to exploitation, with long working hours for minimal pay and modest shelter and food as well as vulnerability to physical and sexual abuse. Recognizing the situation of child domestic workers in major urban centres, the Confederation of Ethiopia Trade Unions (CETU) in collaboration with NGO’s initiated a campaign to combat exploitative and abusive child domestic work and to ratify Convention No. 189 on domestic work. The Government also refers to section 3(c) of the Labour Proclamation No.1156 of 2019 which states that the Council of Ministers shall issue regulations governing conditions of work applicable to the domestic service. The Committee requests the Government to indicate whether any regulations on conditions of work for the domestic service have been issued pursuant to section 3(c) of the Labour Proclamation No 1156/2019 and, if so, whether such regulations have addressed or contemplate addressing child domestic workers.It requests the Government to take immediate and effective measures to protect child domestic workers, particularly girls, from engaging in exploitative domestic work, and to report on the efforts of the labour inspectorate in this regard. The Committee requests the Government to provide information on the effective and time-bound measures taken in this regard and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.