Chapter Four: Conclusion and recommendations

4.1. Conclusion
The finding of this research revealed that the existence of discrepancy the rule written on the
paper and the implementation in the real world. This is because mainly lack of commitment and
competency on the area, on the side of the responsible stockholders to apply compulsory labor as
the law demands. Here most of legal actors in the practical world do not refer the legal
provisions in relation to compulsory labor despite the fact that money provisions written in our
legal instruments.in another view in practical implementation compulsory labor is considers as a
duty not as an option beyond the prisoners. at the time of implementation police officer does not
protect the restriction that provide on criminal code such as personal liberty, the suspension of
sentencing during illness. Therefore, by such practical condition prisoners’ right is violated.so
this paper help for the responsible organ to give concentration and observation on such gap.

The finding of this research revealed that the existence of gaps in our criminal law even though
our country in corporate different legislations which are direct connection with the issue of
compulsory labor specially the 2004 FDRE criminal code, provide many pertinent provisions in
relation to compulsory labor. However the criminal code silent some relevant issues without any
answer such as listing the types of work, which are ordered by the court and prison at the time of
compulsory labor punishment on criminals. In my consideration this may create implementation
problem and in the absence of such kinds of provision may lead the existence of arbitrary
decision because of lack of uniformity of decision.

The research finding also revealed that another missing point in our legal instrument, here in our
criminal code and other legislations there is no indication of specific institutions that has
mandated by the law to enforce compulsory labor over the wrong doer. Moreover, there is no
guideline to implement compulsory labor as the criminal provisions demands.

The other research finding shows that most prisoners compelled to work both inside and outside
the prison without court order. In fact, the prison also has power to compel inmates but do not
mean without exception there is limitation by the law. However, the practice shows that, the
prison does not consider the legal expression.
The research finding also revealed the effect of compulsory labor on prisoners, here most
prisoners’ health condition, physical and psychology became at risk because of less
implementation of standards and condition of compulsory labor.

4.2. Recommendations
Based on my study the following recommendations are listed:

The government should establish an effective institution, which have a power to execute the
decisions of the court in relation to compulsory labor. Because in current time there is no body,
which have full authority to implement the order of the court.

The legislator should promulgate a detailed law relevant to compulsory labor and its
implementation. that means the types of work, the executor, the place where did, Since the law
which are stipulated Under the Criminal code of Ethiopia and Crime determination penalty guide
are not sufficient for effective implementation of compulsory labor.

The court should observe the rules that talk about in relation to compulsory labor rather than
merely ordering imprisonment for the criminal. specially for those who are first time offenders
and petty offence because this compulsory labor enormous importance directly to the community
and this also one way of redressing the victim on the other hand means of correcting the
offender.

The prison should follow court order to exercise compulsory labor rather than compelling
prisoners by themselves. They have to be oriented and take legal guide in order to know the law.