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

Convention (n° 29) sur le travail forcé, 1930 - Ethiopie (Ratification: 2003)

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, law enforcement and penalties. Following its previous comments on measures to combat trafficking in persons, the Committee notes the Government’s information in its report that the Anti-Trafficking Proclamation of 909/2015 has been repealed and replaced by the Prevention and Suppression of Trafficking in Persons and Smuggling of Persons Proclamation No. 1178 of 2020 (Prevention and Suppression of TIP-SOP Proclamation No.1178/2020). The Government indicates that the new Proclamation was enacted in order to better address the issues related to trafficking in persons, smuggling of persons and illegal overseas employment crimes that are causing serious harm to the life and safety of citizens and exposing them to grave violations of human rights. The Committee observes that the Act contains provisions relating to: (i) crime prevention and investigation (section 3 criminalizes trafficking in persons for sexual exploitation and for the purposes of forced labour, slavery or practices similar to slavery and debt bondage and provides for penalties of seven to 15 years of rigorous imprisonment); (ii) protection, rehabilitation and compensation of victims; and (iii) the institutional roles and 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 (section 33).

The Government also indicates that a National Partnership Coalition (NPC) has been established in order to manage migration in a coordinated and organized manner as well as to implement policies and strategies developed and approved by the National Council. The NPC has developed a five-year strategic plan and carried out the following activities: (i) developed a national migration policy; (ii) conducted awareness-raising programmes on trafficking in persons; (iii) issued a National Referral Mechanism directive; (iv) developed a draft regulation on victims fund administration; and (v) developed a manual for law enforcement, investigation and prosecution of trafficking and smuggling of persons. The Government further states that currently 18 cases related to trafficking and smuggling of persons and illegal overseas employment are being investigated by the police while 56 cases have completed investigation and are before the criminal court awaiting decisions.

The Committee welcomes the measures taken to strengthen the legal and institutional framework to combat trafficking in persons and hopes that the Government will continue to take the necessary measures to effectively implement the various provisions of the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020. The Committee requests the Government to provide information in this regard, particularly on the activities of the National Council and the National Coordination Partnership, the training and information provided to candidates to migration on safe recruitment channels, and the risks of forced labour associated with migration, as well as on the activities carried out by the police and other law enforcement bodies to identify and prosecute cases of trafficking in persons. It further requests the Government to continue providing information on investigations and prosecutions relating to cases of trafficking in persons for sexual and labour exploitation, indicating the number of persons convicted and penalties applied.

2. Identification and protection of victims. The Committee notes that the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020 provides for the establishment of a Fund for the rehabilitation of victims of trafficking and smuggling and contains provisions for their protection, rehabilitation, repatriation and compensation (sections 23 to 27). According to section 24, victims of trafficking shall be provided with appropriate assistance, including health, social services, legal, psychological counselling and support, temporary shelter and other similar services. The Government indicates that measures are in place to receive repatriated citizens who had previously migrated to Middle eastern countries without any valid permit and to provide them with food, transport and daily allowances. Moreover, victims of trafficking are provided with shelter, psychological support and skills training, in addition to three months’ pocket money to the most vulnerable returnees, especially women and children. The Committee also notes that the United Nations Committee on the Elimination of Discrimination Against Women, in its concluding observations of 2019, expressed concern at the limited protection of Ethiopian women and girls who fall victim to trafficking within the State party (CEDAW/C/ETH/CO/8, paragraph 25). The Committee requests the Government to continue taking measures to ensure that victims of trafficking benefit from the protection and the assistance set out in the Prevention and Suppression of TIP-SOP Proclamation No. 1178/2020. It also requests the Government to provide detailed information on the number of victims of trafficking identified and the types of assistance and services provided to them. Please indicate if the Fund for the rehabilitation of the victims has been established and if victims have received compensation.

Article 2(2)(c). Work of prisoners for private individuals, companies and associations. The Committee had previously noted the Government’s reiterated indication that there is no practice that allows prisoners to work for private individuals, companies, and associations outside the prison premises.

In this regard, the Committee notes the provisions under section 45 of the Federal Prison Proclamation No. 1174/2019, which states that a prisoner shall have the right to work during his time in prison. As per subsections (2) and (4) the prison can compel prisoners to participate in productive works against a reasonable payment and the prison may establish relations with public and private institutions that can buy products of the works of the prisoners on a regular basis or by creating market chains as appropriate. The Committee observes that the Federal Prison Proclamation does not make any reference to work undertaken by prisoners for private individuals or companies outside the prison premises or hiring of prisoners under a contractual agreement by private enterprises. However, it observes that the prisoners may be involved in productive works and that their products may eventually be sold to private entities. In this regard, the Committee requests the Government to confirm that the relations that may be established between the prison and the private entities are limited only to the selling and buying of products made by the prisoners and that the private entities do not have any authority over the prisoners or their work.