Worst Forms of Child Labour Convention, 1999 (No. 182) - Ethiopia (Ratification: 2003)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 6 of the Convention. Programmes of action. The Committee notes the Government’s information in its report that a new National Plan of Action (NPA) on the Worst Forms of Child Labour (2021–2025) has been adopted with an objective to fight and eliminate the worst forms of child labour by 2025, thus achieving target 8.7 of the Sustainable Development Goals(SDGs). The development and implementation of this NPA will strengthen the coordination mechanism of pertinent stakeholders to work together on the three distinct strategies of prevention, protection and rehabilitation. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NPA 2021–2025 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)(d) of the Convention. Effective and time-bound measures. Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted that 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.

The Committee notes the Government’s information that within the framework of the National Plan of Action on the Worst Forms of Child Labour (2021–2025) tangible measures are initiated to address and improve the situation of street children in line with the urban safety net programme implementation. The Committee notes from the 2019 UNICEF Briefing Note on Situation and Access to Services of Homeless Children in Addis Ababa that according to a report by the Ministry of Labour and Social Affairs in 2018, approximately 10,500 children were working and living in the streets in Addis Ababa. Recalling that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to continue its efforts to protect them from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

2. Children in difficult circumstances. The Committee notes the Government’s statement that even though efforts to combat the worst forms of child labour are underway, the war waged on the northern and eastern part of the country by the terrorist Tigray Peoples Liberation Front (TPLF) destabilized the normal public service activities, destroyed thousands of health and school facilities and displaced millions of peoples especially women and children from their homes and livelihoods. There is a strong evidence that the conflict in these part of affected areas have pushed children into difficult circumstances. In this regard, the Committee notes from the UNICEF Humanitarian Situation Report of June 2022 that in 2022, multiple overlapping and recurring emergencies including conflict, insecurity, social tension, drought, floods and the COVID-19 pandemic have continued to affect over 29.7 million people throughout Ethiopia, of which 12.4 million are children across multiple regions. The Committee requests the Government to take effective and time-bound measures to improve the situation of children who are in difficult circumstances, particularly children in the war affected areas, and protect them from falling victims to the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7(2)(d) of the Convention. Effective and time-bound measures. Identifying and reaching out to children at special risk. Street children. The Committee previously noted that 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. It also noted 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.

The Committee notes the Government’s indication that 19,485 children were reintegrated with their families between the years 2015 and 2017 and psychosocial support was provided to both children and families. The Government also states that community care coalitions working within communities have been established, and that within these community initiatives, 788,001 children were provided with support in the year 2016–17, so that they could go to schools and not to be engaged in exploitative labour. The Government finally refers to the five year urban safety net programme, which aims at benefiting 604,000 Ethiopian citizens, and is also a stepping stone towards minimizing the vulnerability of families and of their children. While taking due note of this information, the Committee encourages the Government to continue to take effective and time-bound measures for the removal of street children and to report on the progress made in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(a) and 7(1) and 7(2)(b) of the Convention. Sale and trafficking of children, penalties, and rehabilitation. The Committee notes the Government’s reference in its report to the adoption in 2015 of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 (Anti-Trafficking Act) that has replaced the relevant sections of the Criminal Code related to trafficking in persons. The Committee notes with interest that section 3(2) of the Anti-Trafficking Act 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 imprisonment from 25 years to life imprisonment. The Committee also notes the Government’s statement that several measures have been undertaken to combat trafficking in persons as a whole and women and children in particular, including: (i) the organization of awareness-raising campaigns within communities (to date more than 10 million community members have taken part in trainings on the issue of prevention of trafficking); (ii) the provision of training on the effects of child trafficking to law enforcement bodies; and (iii) the establishment of a control mechanism in transport services that aims to check whether children travelling in public transportation are with their parents or guardians.

The Committee observes, however, that in its 2015 concluding observations, the Committee on the Rights of the Child (CRC) expressed its deep concern about the persistence of trafficking in children abroad and within the country for the purpose of domestic servitude, commercial sexual exploitation and exploitation in the worst forms of child labour. The CRC was also deeply concerned at the lack of rehabilitation and reintegration centres to provide child victims of trafficking and commercial sexual exploitation with the adequate, age-sensitive medical and psychological assistance (CRC/C/ETH/CO/4-5, paragraph 69).

Regarding the establishment of rehabilitation centres for child victims of trafficking, the Committee observes that under section 26 of the Anti-Trafficking Act, the Government shall put in place necessary working procedures to identify, rescue, repatriate and rehabilitate victims of trafficking. Under section 39, a National Anti-Trafficking Committee aimed at coordinating the activities for victims’ protection has been established, as well as an Anti-trafficking Task Force to support the rehabilitation of victims of trafficking (section 40). The Committee encourages the Government to strengthen its efforts to ensure the effective application of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 of 2015 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. The Committee requests the Government to provide information in this regard, 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. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been identified and rehabilitated.

Article 7(2). Effective and time-bound measures. 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 Government’s Orphan and Vulnerable Children programme with the involvement of relevant government bodies, NGOs and the community, as well as its small scale OVC care and support activities throughout the country. It also noted the Government’s reference to the National Plan of Action to Eliminate the Worst Forms of Child Labour (2013–15) (NPA) and requested information in this regard.

The Committee once again notes an absence of information on this point in the Government’s report. The Committee notes that an ILO mission took place in Ethiopia in September 2016 as a follow-up to the March 2015 mission on implementation gaps in the application of the child labour Conventions. According to the mission report, the mapping of a new National Plan of Action to eliminate the worst forms of child labour, is ongoing.

The Committee also observes that, according to UNAIDS estimates, there are nearly 710,000 adults and children living with HIV/AIDS in Ethiopia, of whom 650,000 persons are aged 15 and over (2016 estimates). The Committee further notes that the CRC remained concerned that HIV/AIDS still remains a major challenge, particularly in the urban areas and for children in vulnerable situations, including orphans, children in street situations, and children living in poverty and in single parent and child headed households (CRC/C/ETH/CO/4-5, paragraph 57).

The Committee expresses its concern at the large number of children who are HIV/AIDS orphans in the country. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour. The Committee therefore urges the Government to take immediate and effective measures to ensure that children orphaned by HIV/AIDS and other vulnerable children do not fall into the worst forms of child labour. The Committee also requests the Government to provide information on the results of the NPA (2013–15) on protecting children orphaned by HIV/AIDS, indicating for instance, the number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms. Lastly, the Committee requests the Government to indicate whether a new NPA has been adopted and, if so, to indicate its major outcomes.

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, who were subject to 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 Government’s indication that it is working on creating awareness amongst the family and community to prevent children from being exploited and to prevent families from rendering their children to strangers or relatives living in urban areas.

The Committee observes that, in its 2015 concluding observations the CRC was seriously concerned about the situation of child domestic workers, called seratenyas, of orphans and children in street situations, as well as of young girls moving to foreign countries and being economically exploited and abused (CRC/C/ETH/CO/4-5, paragraph 63). The Committee recalls that children engaged as domestic workers are particularly exposed to the worst forms of child labour. In this regard, the Committee requests the Government to take immediate and effective measures to protect child domestic workers, 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.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 7(2)(d) of the Convention. Effective and time-bound measures. Identifying and reaching out to children at special risk. Street children. The Committee previously noted that 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. It also noted 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.

The Committee notes the Government’s indication that 19,485 children were reintegrated with their families between the years 2015 and 2017 and psychosocial support was provided to both children and families. The Government also states that community care coalitions working within communities have been established, and that within these community initiatives, 788,001 children were provided with support in the year 2016–17, so that they could go to schools and not to be engaged in exploitative labour. The Government finally refers to the five year urban safety net programme, which aims at benefiting 604,000 Ethiopian citizens, and is also a stepping stone towards minimizing the vulnerability of families and of their children. While taking due note of this information, the Committee encourages the Government to continue to take effective and time-bound measures for the removal of street children and to report on the progress made in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(a) and 7(1) and 7(2)(b) of the Convention. Sale and trafficking of children, penalties, and rehabilitation. The Committee notes the Government’s reference in its report to the adoption in 2015 of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 (Anti-Trafficking Act) that has replaced the relevant sections of the Criminal Code related to trafficking in persons. The Committee notes with interest that section 3(2) of the Anti-Trafficking Act 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 imprisonment from 25 years to life imprisonment. The Committee also notes the Government’s statement that several measures have been undertaken to combat trafficking in persons as a whole and women and children in particular, including: (i) the organization of awareness-raising campaigns within communities (to date more than 10 million community members have taken part in trainings on the issue of prevention of trafficking); (ii) the provision of training on the effects of child trafficking to law enforcement bodies; and (iii) the establishment of a control mechanism in transport services that aims to check whether children travelling in public transportation are with their parents or guardians.

The Committee observes, however, that in its 2015 concluding observations, the Committee on the Rights of the Child (CRC) expressed its deep concern about the persistence of trafficking in children abroad and within the country for the purpose of domestic servitude, commercial sexual exploitation and exploitation in the worst forms of child labour. The CRC was also deeply concerned at the lack of rehabilitation and reintegration centres to provide child victims of trafficking and commercial sexual exploitation with the adequate, age-sensitive medical and psychological assistance (CRC/C/ETH/CO/4-5, paragraph 69).

Regarding the establishment of rehabilitation centres for child victims of trafficking, the Committee observes that under section 26 of the Anti-Trafficking Act, the Government shall put in place necessary working procedures to identify, rescue, repatriate and rehabilitate victims of trafficking. Under section 39, a National Anti-Trafficking Committee aimed at coordinating the activities for victims’ protection has been established, as well as an Anti-trafficking Task Force to support the rehabilitation of victims of trafficking (section 40). The Committee encourages the Government to strengthen its efforts to ensure the effective application of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 of 2015 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. The Committee requests the Government to provide information in this regard, 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. The Committee also requests the Government to provide information on the number of child victims of trafficking who have been identified and rehabilitated.

Article 7(2). Effective and time-bound measures. 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 Government’s Orphan and Vulnerable Children programme with the involvement of relevant government bodies, NGOs and the community, as well as its small scale OVC care and support activities throughout the country. It also noted the Government’s reference to the National Plan of Action to Eliminate the Worst Forms of Child Labour (2013–15) (NPA) and requested information in this regard.

The Committee once again notes an absence of information on this point in the Government’s report. The Committee notes that an ILO mission took place in Ethiopia in September 2016 as a follow-up to the March 2015 mission on implementation gaps in the application of the child labour Conventions. According to the mission report, the mapping of a new National Plan of Action to eliminate the worst forms of child labour, is ongoing.

The Committee also observes that, according to UNAIDS estimates, there are nearly 710,000 adults and children living with HIV/AIDS in Ethiopia, of whom 650,000 persons are aged 15 and over (2016 estimates). The Committee further notes that the CRC remained concerned that HIV/AIDS still remains a major challenge, particularly in the urban areas and for children in vulnerable situations, including orphans, children in street situations, and children living in poverty and in single parent and child headed households (CRC/C/ETH/CO/4-5, paragraph 57).

The Committee expresses its concern at the large number of children who are HIV/AIDS orphans in the country. The Committee recalls that OVCs are at an increased risk of being engaged in the worst forms of child labour. The Committee therefore urges the Government to take immediate and effective measures to ensure that children orphaned by HIV/AIDS and other vulnerable children do not fall into the worst forms of child labour. The Committee also requests the Government to provide information on the results of the NPA (2013–15) on protecting children orphaned by HIV/AIDS, indicating for instance, the number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms. Lastly, the Committee requests the Government to indicate whether a new NPA has been adopted and, if so, to indicate its major outcomes.

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, who were subject to 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 Government’s indication that it is working on creating awareness amongst the family and community to prevent children from being exploited and to prevent families from rendering their children to strangers or relatives living in urban areas.

The Committee observes that, in its 2015 concluding observations the CRC was seriously concerned about the situation of child domestic workers, called seratenyas, of orphans and children in street situations, as well as of young girls moving to foreign countries and being economically exploited and abused (CRC/C/ETH/CO/4-5, paragraph 63). The Committee recalls that children engaged as domestic workers are particularly exposed to the worst forms of child labour. In this regard, the Committee requests the Government to take immediate and effective measures to protect child domestic workers, 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.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7(2)(d) of the Convention. Effective and time-bound measures. Identifying and reaching out to children at special risk. Street children. The Committee previously noted that 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. It also noted 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.

The Committee notes the Government’s indication that it is adopting multi-faceted development policies to sustainably prevent and protect children from being on the street. The Government states that street children, together with other disadvantaged children, are provided with various services by different governmental and non-governmental organizations. In this respect, the Committee notes the Government’s information concerning its collaboration with a local non-governmental organization to launch a training programme for street children to develop different skills with the aim of being reintegrated into society. The Government indicates that this programme has benefitted approximately 3,500 street children. The Committee also notes the Government’s information provided in its fourth and fifth periodic report to the Committee on the Rights of the Child (CRC) (CRC/C/ETH/4-5, paragraph 284) in 2013, which describes its rehabilitation, reintegration and protection measures in this respect, including the provision of micro-finance and training opportunities for youth; the establishment of social services in rural areas to reduce the displacement of children from rural to urban areas; and programmes to increase access to education. The Committee requests the Government to continue 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 there were approximately 6,500 to 7,500 child domestic workers in Addis Ababa, who were 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 that the Government’s report provides very limited information in this respect, as it only references the broader implementation of the NPA, which the Committee recalls is due to expire in 2015. The Committee 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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. The Committee previously 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.

The Committee notes with regret that the Government’s report provides no new information concerning its efforts to protect children from becoming victims of trafficking, particularly internal trafficking, and of commercial sexual exploitation. Nevertheless, the Committee notes the information provided by the Government in its fifth and sixth periodic country report (2009–13) on the implementation of the African Charter on Human and People’s Rights, in April 2014 (pages 94–95), concerning a national task force which has been established to combat trafficking, particularly in women and children, and which has coordinated a campaign against trafficking in persons at all levels. The Government also reported that an action plan on trafficking has been adopted in cooperation with the IOM, the Ministry of Labour and Social Affairs and the Ministry of Education, and that it is implementing a strategy to combat the selling and exploitation of children. In addition, the Committee notes the Government’s participation in the project entitled “Ethiopians Fighting against Child Exploitation” (2011–15) (E-FACE), which aims to combat the engagement of children aged five to 17 years in hazardous sectors and areas. The Committee notes that, according to the Interim Evaluation of the E-FACE (pages 23, 24 and 45), various Government agencies have undertaken training activities on child labour and trafficking issues.

The Committee notes the Government’s indication in its report that training on child trafficking has been carried out with 150 border security guards, and a special prosecutors group has been established in Addis Ababa to cover the issues of violence and exploitation of children. The Government indicates that around 6,750 disadvantaged children have been rehabilitated and provided with support services and, while exact information is not available, this figure includes trafficked children. Finally, the Committee notes that, according to the Interim Evaluation (page 45), 305 labour inspectors were trained under the E-FACE programme on the special guidelines on trafficking issues. The Committee requests the Government to continue to strengthen its measures to protect children from becoming victims of commercial sexual exploitation and trafficking for that purpose. The Committee also requests the Government to continue implementing measures, including within the framework of the E FACE project, to ensure that thorough investigations and robust prosecutions of offenders are carried out. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied. Finally, it requests the Government to transmit a copy of the guidelines for labour inspectors that were developed pursuant to the E-FACE project.

Article 7(2)(d). Effective and time-bound measures. 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 Government’s Orphan and Vulnerable Children programme with the involvement of relevant government bodies, NGOs and the community, as well as its small-scale OVC care and support activities throughout the country. However, it further noted that there were approximately 2,300,000 OVC’s in the country and that coordination and harmonization of OVC activities was not strong.

The Committee notes that the Government has provided no further information concerning the execution of the Orphan and Vulnerable Children programme. Instead, the Government makes reference to the national plan of action to eliminate the worst forms of child labour (2013–15) (NPA), which, it indicates, provides for different strategic approaches in a holistic and integrated manner. The Government states that, because the NPA has only been implemented for one year, it is too early to report on the results of these measures. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to continue to strengthen its efforts, within the framework of the NPA and Orphan and Vulnerable Children programme, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. The Committee also requests it to forward any information on the results of the NPA on protecting children orphaned by HIV/AIDS, to which it refers in its report, once they are available.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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 noted 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 its previous comments, the Committee 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 noted 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 noted 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 noted 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 noted 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 reminded the Government that the Convention applies to all sectors of economic activity, including children working on their own account. Furthermore, the Committee recalled 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 noted 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 noted 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 noted 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(1) and Part III of the report form. Penalties and court decisions. The Committee noted 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(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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 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 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 noted 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 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. 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 noted 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 noted 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 noted 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 noted 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 noted 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 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, 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 domestic 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 noted 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 noted 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 noted 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to provide 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 notes 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 also notes that, according to the document entitled "Country Response to the Questionnaire on Violence Against Children" (hereinafter Country Response on Violence against Children) submitted in May 2005 by the Federal Ministry of Labour and Social Affairs to the UN 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 make them engage in 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 asks the Government to provide a copy of the amended Penal Code of 2004.

2. Forced and compulsory labour. The Committee notes that article 18(3) of the Constitution states that no one shall be required to perform forced or compulsory labour. Article 36 of the Constitution prohibits any child from being subject to exploitative practices. The Committee takes note of this information.

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

Clause (b). Use, procuring or offering a child for prostitution, pornography, or pornographic performances. The Committee notes that, according to the Country Response on Violence Against Children, section 636 of the amended Penal Code punishes the exploitation of prostitution of others directly or by keeping a house for such commerce. Section 640 provides that a sexual act or any performance against good morality and behaviour in a public place constitutes an offence. According to section 641, a person who makes, imports, exports, transports, receives, possesses, displays in public, or offers for sale or hire, distributes and circulates obscene or indecent material is guilty of an offence. The Committee notes that no provision appears to exist in the relevant legislation expressly prohibiting the use, procuring or offering of a child under 18 years for prostitution, pornography or pornographic performances. The Committee accordingly asks the Government to indicate in what manner the use, procuring or offering a child under 18 years for prostitution, pornography, or pornographic performances is prohibited under the relevant legislation.

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

Clause (d). Hazardous work. 1. General prohibition. The Committee notes that article 36(d) of the Constitution stipulates that "every child has the right not to be subject to exploitative practices, neither to be required nor permitted to perform work which may be hazardous or harmful to his/her education, health or well-being". It also notes that, by virtue of section 89(3) of Labour Proclamation No. 377/2003, it is prohibited to employ young workers (i.e. a person aged at least 14 but not yet 18) in work which, on account of its nature or due to the conditions in which it is carried out, endangers the health of the young worker. The Committee takes due note of this information.

2. Self-employed children. The Committee notes that section 3(2) of the 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 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 4, paragraph 1. Determination of hazardous work. The Committee notes that section 89(4) of the Labour Proclamation No. 42 of 1993, amended by Labour Proclamation No. 377/2003, provides that the Minister of Labour "may prescribe the list of activities prohibited to young workers, which shall include in particular: (a) work in the transport of passengers and goods by road, air and internal waterway, docksides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (b) work connected with electronic power generation plant transformers or transmission lines; (c) underground work, such as mines, quarries and similar works; (d) work in sewers and digging tunnels". It notes the Government’s information that the Minister of Labour and Social Affairs, pursuant to section 89(4) of the Labour Proclamation and after consultations with the organizations of employers and workers concerned and relevant institutions, issued on 2 September 1997 a Decree concerning the Prohibition of Work for Young Workers. Section 4(1) of this Decree contains a comprehensive list of types of hazardous work, including (apart from the activities already listed in section 89(4) of the Labour Proclamation): work in great heat or cold; work involving the exposure to intense light; construction work; work in welding, moulding, tobacco or alcohol production, work in motels and cabarets. The list also contains a general provision stating that all other forms of work which could be harmful for the young worker’s physical or moral health are prohibited. Section 5 further defines maximum weights. The Committee notes the Government’s information that this list is periodically examined and reviewed.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour Inspectorate. The Committee notes the Government’s statement that the Labour Inspection Services take care of ensuring the implementation of the Labour Law. It notes that, according to sections 177 and 178 of the Labour Proclamation, labour inspectors are entitled to: (a) ensure the implementation of the Proclamation and all regulations issued in accordance to this Act; (b) classify dangerous trades or undertakings; (c) enter workplaces which they may think necessary to inspect; (d) compile statistical data relating to work conditions; (e) take administrative measures to implement the Proclamation. Furthermore, according to section 186, labour inspectors may submit cases involving offences committed in violation of the provisions of the Proclamation to the authorities competent to determine labour disputes.

2. Police and judicial system. The Committee notes the Government’s information that other existing mechanisms to monitor the implementation of the provisions giving effect to the Convention are the police and judicial system. For penal redress, the incidents are reported to the police for investigation and prosecution may follow. The Committee notes the Government’s information that efforts are being made to ensure that the police force is actively involved in combating the worst forms of child labour. In particular, the police together with the NGO "Forum on Street Children Ethiopia" have set up a Child Protection Programme in the City Police Commission of the capital. In this framework, Child Protection Units are constituted at sub-city levels. Policemen and women and social workers are among the staff of the units and undertake all activities aimed at controlling child abuse and exploitation. This programme is expected to be extended to regions.

The Committee asks the Government to continue providing information on the activities of the abovementioned monitoring mechanisms, and on any relevant impact of the Child Protection Programme on the elimination of the worst forms of child labour.

Article 6. Programmes of action. The Committee notes 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 just after the ongoing in-depth analysis of the Child Labour Survey of 2001. The Committee also notes 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 notes that, according to the "Country Response on Violence against Children", the major components of the newly adopted National Action Plan for Children 2003-2010 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; (d) providing assistance to children in especially difficult situations; and (e) 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 requests the Government to provide information on the implementation of the National Plan of Action of Children for 2003-2010, and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that, according to the "Country Response on Violence against Children", the amended Penal Code of 2004 imposes sufficiently dissuasive and effective penalties of imprisonment and fines on anyone who: (a) traffics young persons for the purpose of sexual and labour exploitation; (b) directly or indirectly exploits prostitution; (c) makes, imports, exports or sells pornographic material. It also notes that section 185 of the Labour Proclamation of 2003 imposes penalties or fines on any employer or trade union who violates regulations and directives issued in accordance with the Proclamation relating to the safety of workers, or commits an act which exposes the life and the health of a worker to serious danger, or does not give special protection to women workers and young workers as provided for in the Labour Proclamation. The Committee requests the Government to provide information on the penalties imposed in practice.

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

2. Ensuring access to free basic education. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraph 66) 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 drop-out rate. It also notes 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 notes 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 1995/95 to 51 per cent in 1999/2000; rural primary education increased; 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; (f) weak capacity for management. The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It 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 notes the absence of information on this point in the Government’s report. However, it notes that the Committee on the Rights of the Child, in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.144, paragraph 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, awareness campaigns on sexual exploitation of children. The Committee 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). Identify and reach out to children at special risk. 1. Child Victims/Orphans of HIV/AIDS and other vulnerable children. The Committee notes 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 also expresses 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 observes that the National Action Plan for Children (2003-2010) targets combating HIV/AIDS. The Committee also notes that, according to the "Country Response on Violence against Children", the National Plan of Action on Orphans and Vulnerable Children (2004-2006) identifies five major areas: (1) situation analysis; (2) legal and regulatory frameworks; (3) advocacy and capacity building; (4) monitoring and evaluation; (5) consultation and coordination. The Committee 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 notes 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 notes 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 numbers 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 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 the time-bound and effective measures taken or envisaged to this end.

Clause (e). Special situation of girls. The Committee notes 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 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 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.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Affairs is the responsible government body established to oversee the implementation of the provisions giving effect to the Convention. Though the coordination role is of the Ministry, there are also other pertinent bodies relevant to the implementation of the Convention, such as the police and the judiciary. Furthermore, the National Committee on Child Abuse and Sexual Exploitation is another appropriate forum that can also be used for the effective implementation of the Convention.

Article 8. International cooperation. The Committee notes the absence of information on this point in the Government’s report. It requests the Government to provide information on international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. The Committee 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.