Comments adopted by the CEACR: Ethiopia

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework, law enforcement measures and penalties. The Committee previously noted that sections 597 and 635–637 of the Criminal Code criminalize offences related to trafficking in women and children, but did not refer to trafficking of male victims. The Government indicated that measures could be taken to further strengthen the legal framework in this regard.

The Committee notes the Government’s indication in its report that, the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909 was enacted in 2015 (Anti-Trafficking Act) and has replaced the relevant sections of the Criminal Code related to trafficking in persons. The Committee notes with interest that the Anti-Trafficking Act criminalizes trafficking in persons for sexual exploitation and for the purpose of forced labour, slavery or practices similar to slavery, as well as debt bondage. Section 2 of the Anti-Trafficking Act defines all these practices. Under section 3, trafficking is an offence punishable with imprisonment from 15 to 25 years and with a fine.

With regard to the International Labour Organization (ILO) project named: “Development of a tripartite framework for the support and protection of Ethiopian women domestic migrant workers to the Gulf Cooperation Council States, Lebanon and Sudan” (2013–16), the Committee notes the Government’s indication that the project helped, among others: (i) to carry out awareness-raising programmes for policy makers and practitioners, law enforcement bodies, and religious organizations, on trafficking and smuggling; and (ii) to revise the existing Ethiopian overseas employment proclamation.

Similarly, according to the Government, the International Organization for Migration (IOM) project “Enhancing national capacities and cooperation for the prevention of trafficking in persons, protection of victims and prosecution of traffickers in Ethiopia” (2013–15) helped: (i) to develop a National Plan of Action to combat trafficking and its implementation guidelines, as well as a community manual dialogue; (ii) to develop a victim-centered investigation training manual; (iii) to provide training for 122 police officers and investigators, as well as 308 community facilitators; and (iv) to establish a national referral mechanism for victims of trafficking. Lastly, the Committee notes that under section 39 of the Anti-Trafficking Act, a National Anti-Trafficking Committee, aimed at coordinating the activities for victims’ protection, has been established. The Committee requests the Government to provide information on the measures taken to implement the various provisions of the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909, particularly information on the activities of the National Anti-Trafficking Committee. The Committee also requests the Government to indicate whether the National Plan of Action to combat trafficking has been adopted, and if so, to provide information on the measures taken within its framework. Lastly, the Committee requests the Government to provide information on the number of investigations carried out, convictions and the penalties imposed on perpetrators.

2. Identification and protection of victims. The Committee notes that under the Anti-Trafficking Act, the Government shall put in place necessary working procedures to identify, rescue, repatriate and rehabilitate victims in partnership with other foreign diplomatic missions, concerned government and non-government organizations and other supportive mass organization, the details of which shall be specified by law. Victims of trafficking shall also be provided with assistance, including health and social services, medical care and counselling and psychological assistance (section 26(1) and (2)(b)). The Committee also notes that under the Act, a “Fund to prevent, control and rehabilitate victims of crime of trafficking in human beings and smuggling of migrants” has been established to: (i) provide material support and professional training to victims of trafficking; (ii) cover the expenses of relief, rehabilitation and reintegration of victims with their families and community; and support the construction of shelters and other needs (sections 32 and 34). Moreover, under section 40 of the Anti-Trafficking Act, an Anti-Human Trafficking and Smuggling of Migrants Task Force, has been established in order to support the rehabilitation of victims of trafficking.

The Committee further 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 Forced Labour Conventions. According to the mission report, a bilateral agreement between the Confederation of Ethiopian Trade Unions (CETU) and the General Confederation of Lebanese Workers has been signed in order to regulate Ethiopian labour migration to Lebanon. Moreover, the mission report indicates that rehabilitation centres for migrant workers who are victims of trafficking and forced labour have been established. The Committee requests the Government to provide information on the measures taken in practice to ensure that victims of trafficking benefit from the protection and the assistance set out in the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909.

Article 2(2)(c). Work of prisoners for private individuals, companies and associations. The Committee previously noted that section 111(1) of the Criminal Code provides for the obligation of prisoners to perform work, as assigned by the Director of Prisons, and requested the Government to provide a copy of the regulations governing prison labour.

The Committee notes the Government’s reiterated indication that there is no practice that allows prisoners to work for private individuals, companies, and associations outside the prison premises. While noting the Government’s statement, the Committee once again requests the Government to provide a copy of the regulations on prisons referred to in section 109 of the Criminal Code, particularly those governing prison labour.

Repetition

Articles 1, 3, 6, 11 of the Convention. Contribution of the employment service to employment promotion. Cooperation between the public employment service and private employment agencies. The Government indicates in its report that it attaches considerable importance to the modernization and promotion of free employment services that are efficient, effective and accessible. In reply to the previous comments, the Committee notes the information provided showing that, in the 2013–14 period, 559 public employment service offices and 599 local private employment agencies placed a total of 717,952 jobseekers (504,840 men and 213,112 women) in employment. During the same period, 827,078 jobseekers (507,583 men and 319,495 women) were registered and 276,705 vacancies were notified. The Committee further notes that activities carried out to promote cooperation between the public employment service and private employment agencies include sharing labour market information and training the staff of private employment agencies. The Committee requests the Government to continue to provide information on the activities carried out by the employment service. It also requests the Government to continue to provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices. The Government is further requested to provide information on the measures taken to secure effective cooperation between the public employment service and private employment agencies and on their impact.

Articles 4 and 5. Cooperation with the social partners. The Government indicates that the Labour Advisory Board plays an important role in the process of developing and reviewing employment-related policies and directives. The Committee requests the Government to continue to provide information on the activities of the Labour Advisory Board in the organization and operation of the employment service and in the development of employment service policy.

Repetition

Article 1(c) and (d) of the Convention. Penal sanctions applicable to public servants for breaches of labour discipline and for having participated in strikes. 1. Labour discipline. The Committee previously noted that, under section 420(1) of the Criminal Code, any public servant who fails to carry out his/her duties in a proper manner, to the prejudice of state, public or private interest, shall be subject to imprisonment not exceeding six months, which involves an obligation to perform labour by virtue of section 111(1) of the same law, or a fine. Where substantial damage has resulted from the above acts, the penalty may be increased up to the general legal maximum (section 420(2)). In this regard, the Committee had noted the Government’s indication that, although section 420 may emanate from breaches of labour discipline, the provision concerns criminal acts of individuals who violate their work duties and cause harm to the state, public or private interest. The Government also indicated that, for breaches of labour discipline, in the strict sense of the term, administrative measures were taken.

The Committee notes the Government’s reiterated statement in its report that, according to the labour law and the civil servants law, only administrative measures are applicable as a means of labour discipline. The punishment for breaching labour discipline is more of an administrative type and is not a penal sanction. While noting this information, the Committee once again points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals. The Committee observes in this connection that section 420(1) and (2) is worded in terms broad enough to lend itself to be applied as a means of punishment for breaches of labour discipline in the strict sense of the term. Furthermore, any infringement of these provisions may lead to the imposition of a prison sentence under which compulsory prison labour may be required. The Committee therefore once again requests the Government to take the necessary measures to amend section 420(1) and (2) of the Criminal Code in order to restrict its application to acts concerning the operation of essential services, or to situations where the life, health and safety of persons are in danger due to wilful acts, so as to bring the legislation into conformity with the Convention.

2. Participation in strikes. The Committee had also referred to section 421 of the Criminal Code, according to which any public servant who, in breach of his/her professional or statutory obligations, goes on strike of his/her free will, or urges others to strike, is punishable under abovementioned section 420, which provides for sanctions of imprisonment or a fine.

In this regard, the Committee notes the Government’s indication that, conducting lawful strikes as a means to guarantee basic labour rights is a constitutionally declared right in the country, and is not a crime. Therefore, no one is compelled to be punished through compulsory labour for participating in strikes.

The Committee once again draws the Government’s attention to the fact that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. It points out that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee therefore expresses the firm hope that the necessary measures will be taken in order to bring section 421 of the Criminal Code into conformity with the Convention, so as to ensure that persons peacefully organizing or participating in a strike are not liable to sanctions of imprisonment involving an obligation to work. The Committee requests the Government to provide information on the progress made in this regard.

Communication of texts. Noting that the Government’s report contains no information on this matter, the Committee requests it to provide a copy of the legislation governing labour discipline in merchant shipping.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of political or ideological views. For a number of years, the Committee has been referring to the following sections of the Criminal Code, under which penal sanctions involving compulsory prison labour may be imposed by virtue of section 111(1) of the Code, in circumstances covered by Article 1(a) of the Convention:

• – sections 482(2) and 484(2): punishment of ringleaders, organizers or commanders of forbidden societies, meetings and assemblies;
• – section 486(a): inciting the public through false rumours; and
• – section 487(a): making, uttering, distributing or crying out seditious or threatening remarks or displaying images of a seditious or threatening nature in any public place or meeting (seditious demonstrations).

The Committee also referred to the definition of terrorism under the Anti-Terrorism Proclamation No. 652/2009, under section 6 of which any person who “publishes or causes the publication of a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement, or other inducement to them, to the commission or preparation or instigation of an act of terrorism is punishable with rigorous imprisonment from ten to 20 years”. In this regard, the Committee noted that in 2010 the United Nations Universal Periodic Review (UPR) Working Group expressed concern at the Anti-Terrorism Proclamation which, due to its broad definition of terrorism, had led to abusive restrictions on the press. The Committee further noted that journalists and opposition politicians had been given sentences ranging from 11 years to life imprisonment under the Proclamation, and that numerous defendants were scheduled to appear before the courts on similar charges. The Committee therefore urged the Government to take measures to limit the scope of application of the Anti-Terrorism Proclamation and the above provisions of the Criminal Code in order to ensure that no sanctions involving compulsory labour could be imposed on those holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee notes the Government’s reiterated indication in its report that, the peaceful expression of views or of opposition to the established political, social or economic system is a constitutionally respected right and nobody is forced to be subjected to forced or compulsory labour as a result of this. The Committee also 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 forced labour Conventions. According to the mission report, discussions were held with the relevant stakeholders regarding certain provisions of the Criminal Code that involve compulsory prison labour with a view to ensuring their conformity with the Convention.

Moreover, the Committee notes that, in a press release of 2016, the African Commission on Human and Peoples’ Rights (the African Commission) observed with deep concern the deterioration of the human rights situation in Ethiopia, particularly the recent unrest and violence in the Oromia Region. Moreover, the Committee observes that the African Commission adopted a resolution in which it expressed concern about the use of excessive and disproportionate force to disperse protests, resulting in the deaths and injuries of several protestors, as well as the arbitrary arrest and detention of many others. Following the protests which began in November 2015, the African Commission also expressed its concern about allegations relating to the arbitrary arrest and detention of members of opposition parties and human rights defenders (ACHPR/Res.356(LIX) 2016). Moreover, the Committee observes that the African Commission is concerned by restrictions on movement, assembly, media access, internet services as well as the arbitrary arrest and detention of many people following the state of emergency declaration.

The Committee is bound to express its deep concern over the detentions of, and prosecutions against, members of the opposition parties and human rights defenders, and recalls that restriction on fundamental rights and liberties, including freedom of expression may have a bearing on the application of the Convention if such restrictions are enforced by sanctions involving compulsory labour. In this respect, referring to its 2012 General Survey on the fundamental Conventions, the Committee points out that the range of activities which must be protected from punishment involving compulsory labour under Article 1(a) of the Convention include the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and which may also be affected by measures of political coercion (paragraph 302). The Committee therefore once again urges the Government to take the necessary measures to ensure that no penalties involving compulsory labour are imposed for the peaceful expression of political views opposed to the established political, social or economic system, for example by clearly restricting the application of the Anti-Terrorism Proclamation, as well as the following provisions of the Criminal Code: sections 482(2), 484(2), 486(a) and 487(a), to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. Finally, the Committee requests the Government to provide information in this connection, as well as information on the application in practice of the abovementioned sections of the Criminal Code and the Anti-Terrorism Proclamation, including copies of any court decisions specifying the penalties imposed.

Repetition

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work.  The Committee notes the Government’s indication that the revised Labour Law raises the minimum working age limit of young persons from 14 to 15 years.  The Committee welcomes this information and expresses the hope that the Government will take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 15 years. In this regard, the Committee requests the Government to consider, after the adoption of the Labour Law raising the minimum age to 15 years, the possibility of sending a new declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 3. Hazardous work and vocational education.  The Committee previously noted that section 4(1) of the Decree of the Minister of Labour and Social Affairs of 2 September 1997 concerning the prohibition of work for young workers contains a detailed list of types of hazardous work and a general prohibition of all other kinds of work likely to jeopardize the young worker’s morals or physical condition or health. The Committee observed that, according to section 4(2) of the Decree, the prohibition set out in section 4(1) does not apply to persons who carry out such activities in the course of professional education in vocational centres. Finally, the Committee noted that while the above-mentioned Decree of 1997 had been amended, young persons under the age of 18 years who carry out work in the course of professional education in vocational schools remain outside the scope of the Decree. It noted the Government’s indication that vocational training is provided upon the completion of secondary education that is completion of grade 10, during which time most children have reached the age of 17, or at least 16, which is in line with the Convention. The Committee requested the Government to provide information on the measures taken to ensure that children between 16 and 18 years of age, who are following courses in vocational schools and might perform hazardous work, receive specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s information that with regard to the safety, health and moral well-being of young workers, an Occupational Health and Safety training manual is being implemented in cooperation with the Technical and Vocational Training Institutions (TVETs) to guide course curriculum and training methodology towards improving the working conditions of young workers in small and medium-sized enterprises.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Organisation of Employers (IOE), and the International Trade Union Confederation (ITUC) received on 29 August 2019 and 1 September 2019, respectively. It also notes the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards (CAS) in June 2019, concerning the application by Ethiopia of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the various measures taken by the Government to eliminate child labour, including the Ethiopians Fighting Against Child Exploitation (E-FACE) project; the Community Care Coalition whereby in-kind and cash support is used to prevent child labour; as well as the National Action Plan (NAP 2011–17) to prevent child labour exploitation. The Committee observed that according to the 2015 Child Labour Survey results, the number of children aged 5–13 years engaged in child labour was estimated to be 13,139,991 (page 63) with 41.7 per cent aged between 5 and 11 years (page xii).

The Committee notes the Government’s information in its 2019 report that within the framework of the NAP 2011–17 to eliminate child labour, several public awareness-raising programmes were conducted on child labour through conversation and media forums reaching about 1,170,904 people in child labour affected areas and 441 labour inspectors were provided with capacity-building training on prevention of child labour. The Committee also notes the Government’s indication that on an average, 39,000 inspections were carried out annually in different establishments with a focus on child labour. The Government also indicates that the grassroots community organizations known as Community Care Coalition have made significant contributions through mobilizing community resources to prevent vulnerable children from entering into child labour by supporting their families and providing shelter. Moreover, a comprehensive child labour policy has been issued in consultation with the social partners and relevant stakeholders to address child labour. The Committee further notes from the document on the E-FACE project that to date this project has impacted the lives of more than 18,000 children engaged in child labour allowing them to attend school and reducing the risk of dropout. 

The Committee further notes the Government’s information in its supplementary report that in December 2019, the Government launched the Alliance 8.7, the global partnership for eradicating forced labour, child labour and human trafficking around the world. In addition, in response to the COVID-19 pandemic, child protection activities were provided to vulnerable children and a significant number of street children were protected from socio-economic hazards. Moreover, close monitoring and support of community-based protection activities for families and children in need have been set in place. While noting the measures taken by the Government, the Committee urges the Government to continue to take the necessary measures for the progressive elimination of child labour. It requests the Government to continue to provide specific information on the concrete measures taken in this regard as well as the results achieved. The Committee also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services, and information on the number and nature of violations detected and penalties applied involving children and young persons.

Article 2(1). Scope of application. The Committee previously noted that although section 89(2) of the Labour Law Proclamation No. 42 of 1993 prohibits the employment of persons under 14 years of age, the provisions of the Labour Law did not cover work performed outside an employment relationship. It noted the Government’s indication that the Constitution provides for the right of children to be protected from any forms of exploitative labour, without any discrimination, whether employed or self-employed, working in the formal or informal sector. The Committee noted that according to the 2015 Child Labour Survey results, 89.4 per cent of the children engaged in child labour worked in the agricultural, forestry and fishing sectors and in wholesale and retail trade sector. The majority of children performing economic activities were working as unpaid family workers (95.6 per cent) (page xii). Noting with concern the high number of children working in the informal economy, the Committee requested the Government to take the necessary measures to ensure that all children under 14 years of age, particularly children working on their own account or in the informal economy, benefit from the protection laid down by the Convention.

The Committee notes that the Conference Committee, in its concluding observations, urged the Government to strengthen the capacity of the labour inspectorate and competent services, including human, material and technical resources and training, particularly in the informal economy. It also notes that the IOE, in its observations, commended the Government for taking the following steps to address the gaps in the Labour Law, such as: (i) extending the labour advisory services in the informal sector; and (ii) strengthening the labour inspectorate system in the country to make it accessible to all enterprises and workplaces.

The Committee notes the Government’s information in its 2019 report that measures are being taken to extend labour advisory services in the informal economy with the aim of protecting the rights of all workers, including young workers working without an employment relationship such as work on their own account or in the informal economy. The Government also indicates that efforts are being made to strengthen the labour inspectorate system in the country so as to ensure that such services are effectively accessible to all enterprises and workplaces.  The Committee requests the Government to take the necessary measures to ensure that all children under 14 years of age, particularly children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee requests the Government to continue to take measures to strengthen the capacities and expand the reach of the labour inspectorate so that it can adequately monitor and detect cases of child labour, particularly involving children working in the informal economy, and on their own account. It requests the Government to provide information on any measures taken or progress made in this regard.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s indication that it had started the process of drafting legislation which aims at making primary education compulsory. It also noted that according to the Child Labour Survey of 2015, the school attendance rate was 61.3 per cent among children aged 5–17 years. Moreover, 2,830,842 children in the 5–17 years age group (7.6 per cent of the total number of children in the country), dropped out of school with the dropout rate higher among working children (10.9 per cent) than non-working children (4.1 per cent) and among working boys (11.6 per cent) than working girls (9.8 per cent) (pages 86 and 88). The Committee further noted that the United Nations Committee on the Rights of the Child (CRC), in its 2015 concluding observations, expressed concern at: (i) the lack of national legislation on free and compulsory education; (ii) the persistent regional disparities in enrolment rates and the high number of school-aged children, particularly girls, who remained out of school; as well as (iii) the high dropout rates and the significant low enrolment rates in pre-primary education and secondary education (CRC/C/ETH/CO/4-5, paragraph 61).

The Committee notes the statement made by the Government representative of Ethiopia to the Conference Committee that the School Feeding Programme supplemented by specific interventions have significantly improved inclusiveness, participation and achievements in education. The Government representative also stated that a rural–urban Productive Safety Net Programme to improve the income of targeted poor households in the rural and urban areas and the Ethiopian Education Development Roadmap, 2018–2030 to address the gap in access to quality education has been developed. Moreover, Alternative Basic Education modalities are being implemented, such as mobile schools for children of pastoral and semi-pastoral communities. It notes that the Conference Committee, in its conclusions, urged the Government to introduce legislative measures to provide free and compulsory education up to the minimum age of admission to employment of 14 years and ensure its effective implementation as well as to improve the functioning of the educational system through measures to increase the school enrolment rates and decrease dropout rates.

The Committee notes the observations made by ITUC that there is a close link between compulsory education and the abolition of child labour and hence it is essential that Ethiopia introduce compulsory schooling at least up to the minimum age for admission to employment.

The Committee notes the Government’s information in its 2019 report that it is committed to achieving universal and quality primary education for all school-aged children. Accordingly, it is implementing the Education and Training Policy and the Education Sector Development Programme (ESD) (2016–20) which has led to the achievement of the following results: (i) the number of primary schools has increased from 33,373 in 2014–15 to 36,466 in 2017–18; (ii) the net enrolment rate has increased from 94.3 per cent in 2014–15 to nearly 100 per cent in 2017–18 with a gender parity index of 0.9 per cent; and (iii) the school dropout rates have decreased from 18 per cent in 2008–09 to 9 per cent in 2013–14. The Government further indicates that the Urban Productive Safety Net Programme which has the objective of providing access to basic nutrition through the school feeding programme to over 300,000 marginalized school children is being implemented in selected urban areas.

The Committee notes, from the UNICEF Annual Report 2018 that while the enrolment rate in primary education has improved (which has tripled from 2000 to 2016), the transition from primary to secondary education remains a bottleneck, with children in rural areas predisposed to dropping out of school and only 25 per cent of secondary school-aged girls attending secondary school. Furthermore, according to the UNICEF report entitled Multidimensional Child Deprivation in Ethiopia, National Estimates, 2018, 50 per cent of children aged 5–17 years were deprived of education in 2016. The proportion of children in rural areas aged 7–17 years who are not attending school is more than double that of children residing in urban areas. The Committee finally notes that the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) in its concluding observations of March 2019 remained concerned that primary education is still not compulsory and at the high dropout and low completion rates of girls at the primary level (CEDAW/C/ETH/CO/8, paragraph 33(a)). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary steps to make education compulsory up to the minimum age of admission to employment of 14 years in accordance with Article 2(3) of the Convention. While noting the measures taken by the Government, the Committee strongly encourages the Government to pursue its efforts to increase school enrolment rates, decrease dropout rates and ensure completion of compulsory education with a view to preventing children under 14 years of age from being engaged in child labour.

Article 3. Determination of hazardous work. The Committee previously noted that the Decree of the Ministry of Labour and Social Affairs of 2 September 1997 concerning the prohibition of work for young workers which contained a detailed list of types of hazardous work was undergoing revision. The Committee observed that, according to the Child Labour Survey, the rate of hazardous work among children aged 5–17 years was 23.3 per cent (28 per cent for boys versus 18.2 per cent for girls). The average hours of work per week performed by children engaged in hazardous work in this age group was 41.4 hours with 50 per cent of them working more than 42 hours per week. The Committee also noted that among children engaged in hazardous work, 87.5 per cent work in the agricultural sector, and 66.2 per cent are involved in other hazardous working conditions such as night work, working in an unhealthy environment or using unsafe equipment at work (page xiii). The Committee urged the Government to strengthen its efforts to ensure that, in practice, children under 18 years of age were not engaged in hazardous work. It also requested the Government to indicate whether a new list of types of hazardous work was adopted and to supply a copy.

The Committee notes the Government’s information in its 2019 report that the list of activities prohibited to young persons has been revised in consultation with social partners and a directive has been issued by the Ministry of Labour and Social Affairs in 2013 in this regard. It notes the unofficial translated copy of the directive provided by the Government which contains a list of 16 activities which are harmful to the health, safety and well-being of young workers and therefore prohibited. This list includes: work in transport of passengers and goods by road, railway, air and waterways; works related to handling of heavy material; fishing at sea; underground work at mines and quarries; works connected with electric power generation plants or transmission lines; work at elevation in construction; work on production of alcoholic drinks and drugs; work in extremely hot and cold conditions; work exposed to ionizing and non-ionizing, x-rays and ultraviolet rays; work with flammable and explosive materials; work with toxic chemicals and pesticides; and all works that will have adverse effects on the physical and psychological development of young persons. The list also provides the maximum weight limits that could be carried by young persons. The Committee requests the Government to provide information on the application in practice of the revised list under the directive of 2013, particularly for hazardous work in agriculture, including statistics on the number and nature of violations reported and penalties imposed.

The Committee reminds the Government that it may avail itself of technical assistance from the ILO with respect to the issues raised in its present comment.

Repetition

Article 2(2) and (3) of the Convention. Workers engaged under a contract of employment for a specified period of time or a specified task. In its previous comments, the Committee requested the Government to indicate how effect is given to Article 2(3) of the Convention concerning adequate safeguards against recourse to contracts of employment for a specified period of time or a specified task, the aim of which is to avoid protection afforded by the Convention. Pursuant to sections 9 and 10 of the Labour Proclamation, that all employment contracts that are not listed in section 10(1) are deemed to be for an indefinite period, the Government reiterates once again that adequate safeguards are provided in the Labour Proclamation against recourse to contracts of employment for a specified period of time or a specific task. It adds that section 14(1)(c) of the Labour Proclamation provides that it is unlawful for an employer to terminate a contract of employment contrary to the provisions of the Proclamation. Moreover, section 24(1) of the Labour Proclamation provides that a contract of employment for a definite period or for piecework may not be terminated unless the fixed period expires or the work is completed. In addition, section 43(4)(b) of the Labour Proclamation provides for compensation to be paid in the case of an unlawful termination of a contract of employment for a definite period of time or for piecework. The Committee recalls that Article 2(3) of the Convention calls for adequate safeguards to be provided against recourse to contracts of employment for a specified period of time the aim of which is to avoid the protection resulting from the Convention. Where contracts of employment for a specified period of time are renewed on one or more occasions, provision may be made for the contract to be deemed one of indefinite duration (Paragraph 3(2), Termination of Employment Recommendation, 1982 (No. 166)). Noting that the Labour Proclamation does not appear to limit the number of times that a contract of employment for a specified duration may be renewed, the Committee requests the Government to provide information on any measures taken or envisaged to limit recourse to successive fixed-term contracts in order to give full effect to Article 2(3) of the Convention.

Article 2(4). Excluded categories of workers. The Committee previously noted that section 3(2) of the Labour Proclamation, as amended by Proclamation No. 494/2006, excludes certain categories of workers from the application of the Convention whether because they are covered by specialized legislation, such as the Federal Civil Servants Proclamation No. 515/2007 which applies to civil servants, or because their status is intended to be adequately addressed through regulations as stipulated in section 3(3) of the Proclamation. The Government reiterates that due consideration will be given to the excluded categories of workers by specialized legislation or regulations after the completion of an ongoing study. The Committee refers to its previous comments and once again requests the Government to provide information on the specialized legislation or regulations providing protection at least equivalent to that afforded under the Convention to the excluded categories of workers.

Article 7. Procedure prior to termination of employment. In its reply to the Committee’s comments, the Government shared the Committee’s concern that the Federal Civil Servants Proclamation does not explicitly provide civil servants with the right to defend themselves prior to termination of employment. It adds, however, that in practice there are ways to defend one’s status. In public service institutions, a worker can discuss his/her general performance with his/her supervisor, prior to reaching a decision on termination. The Government adds that the Business Process Re-engineering programme implemented a system of continuous performance evaluation in the civil service with full participation of the worker. Nevertheless, the Government is of the view that the right to defend oneself before termination of employment should be provided by law, and it therefore commits to considering this issue in the context of the ongoing civil service reforms. The Committee requests the Government to provide information on any developments in relation to the ongoing civil service reform relevant to the principles of the Convention. The Committee trusts that the Government will take the necessary measures to bring its legislation into full conformity with the Convention, and requests the Government to provide copies of any relevant legislative texts as soon as they become available.

Article 12. Severance allowance. The Government indicates that it is unable to provide examples of relevant judicial decisions involving the payment of a severance allowance due to the lack of an organized data management system. The Committee invites the Government to consider availing itself of the technical assistance of the Office in this regard. The Committee once again requests the Government to provide examples of judicial decisions which refer to the payment of a severance allowance or other information on the manner in which Article 12 is applied in practice.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. In reply to the Committee’s previous comments, the Government undertakes to provide in its next report an English version of the Directive to determine the reduction of workers, 2010, as well as information on the application of the Directive in practice. The Committee therefore once again requests the Government to provide an English version of the Directive to determine the reduction of workers, 2010, and information on cases in which the Directive was applied in practice.

Application of the Convention. The Committee notes that no information was provided on the application of the Convention in practice. The Committee therefore reiterates its request that the Government provide information in its next report on the practical application of the Convention, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country. It also once again requests the Government to provide copies of relevant judicial decisions involving questions of principle relating to the application of the Convention, including relevant decisions concerning valid reasons for termination and terminations of contract in which the worker was not afforded the opportunity of defence, as well as cases involving section 138(1) of the Labour Proclamation which refer to the burden of proof.

Repetition

Articles 2, 3, 4, 7 and 9 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Access to the open labour market for persons with disabilities. Suitably qualified staff. The Government indicates in its report that a 2011 directive was issued and sent to all legal entities for the effective implementation of the Right to Employment of Persons with Disability Proclamation No. 568/2008. The Government further indicates that persons with disabilities are not fully participating in employment or vocational rehabilitation measures and, consequently, the vast majority of persons with disabilities of working age remain unemployed. The Committee notes from the report that this low level of participation may be partially caused by the insufficient number of professionals providing assistance and services to persons with disabilities. The Committee further notes that the Government is currently the major employer of persons with disabilities. While being aware of a deficit in available accurate nationwide data, the Ministry of Labour and Social Affairs indicates that a total of 2,140 persons with disabilities (1,444 men and 696 women) were employed in government institutions in 2014. The Committee requests the Government to provide further information on the national policy on vocational rehabilitation and employment of persons with disabilities and on the impact of the measures taken to promote employment opportunities for persons with disabilities in the open labour market. It also requests the Government to provide information on the measures taken to ensure the availability of suitably qualified vocational rehabilitation staff. Please also provide information on the manner in which the Convention is applied in practice, including, for example, statistics disaggregated by sex, extracts from reports, studies and inquiries on the matters covered by the Convention.

Article 5. Consultation of the social partners. The Government indicates that all policies, plans of action and directives have been developed with the active participation of organizations of persons with disabilities. Moreover, these organizations and their umbrella federations are included in a national monitoring committee. The Government further states that a national committee has been established which is comprised of most of the executive sectors and representative employers’ and workers’ organizations. In addition to the national committee, many Government institutions have recently developed participatory mechanisms in which all relevant stakeholders are invited to participate in planning, reporting and evaluating government policies and programmes. The Committee requests the Government to provide further details of the consultations held with employers’ and workers’ organizations and organizations of and for persons with disabilities on the implementation of a national policy on vocational rehabilitation and employment of persons with disabilities.

Article 8. Services in rural areas and remote communities. The Government indicates that, while there are only few vocational training centres in rural areas which provide technical and vocational training for persons with disabilities, there are initiatives aimed at engaging persons with disabilities in small and medium-sized enterprises. In addition, persons with disabilities are provided with start-up capital, market and credit services. The Committee requests the Government to provide further information on the impact of the activities of the technical and vocational training centres in rural areas and remote communities.

Repetition

Articles 2(4) and (5) and 3 of the Convention. Prohibitions and exclusions. Legal status and conditions governing the operation of private employment agencies. In its report received in November 2018, the Government indicates that overseas employment of Ethiopians has been prohibited since 2013, pending the establishment of an appropriate legal framework and governance structure for the protection of Ethiopian workers migrating abroad. The Government reports that, with respect to the revision of the Employment Exchange Services Proclamation No. 632/2009, a new proclamation was adopted in 2016: the Overseas Employment Proclamation No. 923/2016. The Committee notes that the 2016 Proclamation explicitly provides that it replaces the 2009 Proclamation. The Government adds that Proclamation No. 923/2016 has not yet been implemented and its corresponding directive is being developed. The Committee notes the Government’s indication that, with the adoption of the 2016 Proclamation, preparations are under way to lift the ban on Ethiopian overseas employment. The Committee requests the Government to communicate detailed updated information on the legal status of private employment agencies pending and following the lifting of the ban, as well as on the manner in which their conditions of operation are governed, as required by Article 3 of the Convention. The Committee further requests the Government to provide information on the implementation of the Overseas Employment Proclamation No. 923/2016 in practice, as well as information on other frameworks governing the operation of private employment agencies in a domestic as well as cross-border context. Additionally, the Government is requested to provide copies of the directive corresponding to the 2016 Proclamation once it is available, and to indicate which employers’ and workers’ organizations were consulted prior to the adoption of that Proclamation.

Article 7. Fees and costs. The Committee recalls its 2016 direct request regarding the Employment Exchange Services Proclamation No. 632/2009, which set out the types of fees and costs to be borne by employers and workers. The Committee notes the Government’s indication that the newly adopted Overseas Employment Proclamation No. 923/2016, which revised the Employment Exchange Services Proclamation No. 632/2009, will not affect in any way the application of the Convention, including the exceptions permitted under Article 7(2). The Committee notes that section 10(2) of the 2016 Proclamation provides, as did the 2009 Proclamation, that workers are responsible for covering: passport issuance fees; costs associated with the authentication of the contract of employment received from overseas and the certificate of clearance from crime; medical examination fees; vaccination fees; birth certificate issuance fees; and expenses related to the certificate of occupational competence. In respect of the medical examination provided for under section 9 of the 2016 Proclamation, the Committee draws the Government’s attention to Paragraphs 3(h) and (i) and 25 of the HIV and AIDS Recommendation, 2010 (No. 200). In particular, Paragraph 25 provides that HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants. The Committee reiterates its request that the Government provide information on the reasons authorizing the exception, in the interest of the workers concerned, as contemplated in Article 7(2) of the Convention, to the principle that agencies should not charge fees or costs to workers, which would permit charging for the items set out under section 10(2) of the Overseas Employment Proclamation No. 923/2016, as well as information on the corresponding measures of protection. In addition, it requests the Government to indicate which employers’ and workers’ organizations were consulted in the interests of the migrant workers concerned.

Article 8(1) and (2). Protection and prevention of abuses of migrant workers placed in another country. Bilateral labour agreements. In response to the Committee’s previous request, the Government indicates that no cases of abusive recruiters have been reported since its imposition of the ban on overseas employment in 2013. The Committee notes, however, that the Government provides no information regarding investigations launched against abusive recruiters in accordance with section 598 of the Criminal Code concerning Ethiopian workers placed abroad prior to the imposition of the ban. With respect to bilateral labour agreements (BLAs), the Committee notes the Government’s indication that negotiations between Ethiopia and migrant-receiving countries are still ongoing and that the Government can provide information on the outcome of the negotiations once the BLAs with the countries concerned are concluded. The Committee requests the Government to indicate the measures taken to ensure adequate procedures and mechanisms to investigate and sanction cases of abuse once the ban on overseas employment is lifted, including the sanctions envisaged. In addition, the Committee requests the Government to provide updated information on progress made in the conclusion and application of bilateral labour agreements concluded with countries receiving migrant workers from Ethiopia, with the aim of preventing abuses and fraudulent practices in the recruitment, placement and employment of Ethiopian migrant workers abroad. It further requests the Government to provide copies of such agreements.

Articles 9, 10 and 14. Child labour. Complaint procedures and supervision. The Government indicates that, following the imposition of the ban on overseas employment, no cases of Ethiopian minors recruited in a cross-border context have been reported. The Committee requests the Government to indicate the measures taken or envisaged to ensure that child labour is not used or supplied by private employment agencies.

Articles 11 and 12. Adequate protection and allocation of responsibilities. The Government indicates that Proclamation No. 923/2016 adequately ensures the protection of migrant workers in accordance with the above-mentioned Articles. It adds that the impact of the measures taken can only be observed following the implementation of the 2016 Proclamation, indicating that the model employment contract is also under revision. In the absence of specific information regarding the manner in which effect is given to Articles 11 and 12 of the Convention in either a domestic or cross-border context, the Committee once again requests the Government to provide updated detailed information on the nature and impact of measures taken to ensure protection for all workers in relation to each of the areas covered under Article 11, as well as the manner in which responsibilities are allocated between private employment agencies and user enterprises as required under Article 12 of the Convention. The Committee also once again requests the Government to provide a copy of the revised model employment contract and updated information on its effective use.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that information on cooperation between the public employment service and private employment agencies will become available once private employment agencies enter into full operation. The Committee requests the Government to provide detailed updated information in its next report on the manner in which effect is given to Article 13 of the Convention. In particular, it reiterates its request that the Government provide extracts of the reports submitted by private employment agencies to the Ministry of Labour and Social Welfare and specify the information that is made publicly available.

Articles 10 and 14. The Committee reiterates its request that the Government provide updated information on the type and number of complaints received and the manner in which they were resolved, the number of workers covered by the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations of the Convention.

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.

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.