Chapter Three

Practical Implementation of Compulsory Labor In Bonga Prison Center

3.1 Introduction
3.2. Factors Affecting the Proper Implementation Of Standards In Relation To Treatment
Of Prisoners Under Compulsory Labor In Bonga City Prison Center

3.2.1.

3.2.2.

3.2.3

3.2.4

…..

3.3. The way out

3.3.1.

3.3.2.

…….

NB: Pleases provide a brief introduction about what you are going to do in this chapter

All prisoners have different aspect and perception about prison institution. Here of, to know
there view about the prison center is important.by this juncture many prisoners give different
response.

The first prisoner stated that, Prison life has two aspects, advantage and disadvantage, among
the advantage; you learn many skills, such as weaving, carpentry, sewing, barbering, shoemaking
and various types of jobs.1 You will also fit out on the Worldwide and Spiritual Teaching
1
Interview with Mr.Lema Kochito, legal prisoner at Bonga prison, on Feb, 2012 EC
Program.2 on the other hand, you will also expos by disadvantage, especially if you are in prison,
you learn different crime with many types of criminals, you learn many criminal techniques and
you are courageous of a crime when you go out of prison.3 You feel that you eat the bread of the
government, so you will experience crime rather than hatred of crime.4

The second prisoner stated that, in Prison you learned everything. I went out and found many
things and learned from the community also I gained self-knowledge; living with different ethnic
group, etc.5

The third prisoner stated that, Prison conditions are too hard amongst those problems prisoners
fought each other as a result passive prisoners lose their peace especially for the new prisoners
the prison life become unsafe. That means inside the house, urine has been made and those urine
spilled by the new comers. Likewise, if you do not have a coin for candle, you will hit with
torture and beatings, in other cases the louse, flea, bedbug and the whole thing that I have
mentioned make prison conditions a bit harder.6

Hence based on the above interview prison conditions are not wholly bad or good this means it
has two equivalent effects:

The first point is prison life considered as positive, here prisoners are educate money things from
the prison such as different works, culture which is helpful for their future life after the leave of
prison. On the other hand prison life deemed as negative, because prisoners can be learn
complicated crime technique since the prison accommodate different criminals with different bad
behavior. In addition, the other demerit sides are prisoners subjected to maltreatment.

3.1. Practice of compulsory labor in the prison

 Consequences of refusal:

2
Ibid
3
Ibid
4
Ibid
5
Interview with Mr.Alemu Neguse, legal prisoner at Bonga prison. Feb, 2012 EC
6
Interview with Mr.Tesfaw Abera, legal prisoner at Bonga prison,Feb,2012 EC
The second prisoner stated that, when the order comes from the prison, it is not possible to
refuse, especially if it is an emergency or an immediate job. However, if we continuing to refuse
we are also subject to beating, at that time, people do not even consider it a voluntary, ill-
healthier, child-adult, obedience-disobedience, there is no election option, and they force to work
together.7

The other prisoner stated that, I cannot say I did not, but if I said I would not work, they would
take me to an office and the prison count me as a rebel. Because of my refusal, the prison banned
from Mercy and reduction of prison term or parole, at this point Our friend tries to refused to
work and was beaten but she was an epilepsy patient, however, for a while, she did not work
because of illness and she forced to work for her job after saved from her illness.8

Then there is sticking and baton. For example, here in my experience, I also subjected to
flogging, in addition to this, our sister refrained from reduction of verdict and her mercy denied,
as a result, she has endured the sentence of imprisonment as a sentence of rigorous
imprisonment.9

The public prosecutor stated that, Prisoners who refused to perform duty in response they lose
their bargaining power, gain no mercy, and do not get any permit, such as going to a bank, going
to a family, if any mourning, and losing any permission in general. 10 Nevertheless, if the prisoner
obeyed those compulsory labor orders by the prison, they will use any permit ion.11

The police stated that, if they did not work, we asked them why? Then if their cause is
convincing, the work will not work.12

As per the above interview, compulsory labor, impose only obligation without right that means
prisoners cannot refuse the order. Especially in case of urgent work, there is no option to refuse,
7
Interview with Mr, Alemu Neguse ,legal prisoner at Bonga Feb,2012
8
Interview with Mrs.Maleche Legese legal prisoner at Bonga prison. Feb,2012 EC
9
Ibid
10
Interview with Mulat Daniel public prosecutor at Bonga courts. Feb,2012 EC
11
Ibid
12
Interview with Mr .Zenebe police at Bonga prison. Feb,2012 EC
every one compelled to work without make a distinction with age, health condition and consent
of the wrong doer, here if any person under disobedience this person may lose numerous rights
such as Marcy and parole. In addition to this, the refused prisoners considered as a rebellion and
hate by the prison and also subjected flogging and torched because of his/her refusal.

 The compulsory labor done either optionally or mandatorily:

The prisoner stated that, there is compulsory labor in the prison, here is also work to do on
Optional Mandatory, Means that, they will be asking to work in accordance with the rules of the
prison, and if they refuse to do so, they will be forced to work. 13Especially when it is urgent for
example, when fungible goods enter in to the prison for consumption, dropping rock, weeding on
plants, and the like.14

The first prisoner stated that, we work for long period of time there is no legally limited time If
there is an urgent job or whenever there are things that should rise promptly, there is compulsory
labor whether the prisoners consented or not.15

The fourth prisoner stated that, while it was urgent, there was compulsory labor, which means if
there are things that need to work quickly or that must arise; the prisoner is force to work without
check the health condition of prisoners, the limitation of time. On the other hand, if we collude
with each other or in conflict, we are compelled to work compulsively as penalty.16

Hence by the above interview, according to the criminal code Article 95 there is implementation
of compulsory labor as criminal punishment in Bonga prison center. Many of prisoners penalizes
by compulsory labor because of incapacity to pay the fine punishment. However the specified
standard does not analysis at the time of implementation. For example, as per Article of 105 of
criminal code there is suspension of sentence during illness, but there is no any consideration for
those sicken prisoners, if they refuse to work they are considered as rebellion.

13
Interview with Mrs.Maleche Mulatu, legal prisoner at Bonga prison. Feb,2012 EC
14
Ibid
15
Interview with Lema kochito legal prisoner at bonga prison, Feb,2012,EC
16
Interview Mr.Tesfaw Abera Legal prisoners at Bonga,Feb,2012
  The Justification of compulsory labor:

The fifth prisoner stated that, the compulsory labor Penalties Act was intending to protect or
educate the abuser and to act as a lesson to others, not to harm, or to punish, the offender.17

The second prisoner stated that, the compulsory labor penalty help for the person who is penalize
by fine but unable to pay by his economic condition in addition, if there is developmental work:
such as roads, construction, coffee cultivation etc… and the purpose of this work is to minimize
some costs of the government and to make prisoners skillfulness in any works.18

The second prisoner stated that, the rationale of compulsory labor was as punishment: which
means if they were clashing each other inside the prison prisoners will forced to work. 19
The
purpose of this punishment is to protect the prisoner's house in peace and to rebuild them with
good moral and behaviors.20

The Judge stated that, Compulsory labor as a criminal offense aims to reduce the risk of
exploited by low-risk criminals to a direct and indirect benefit to the vulnerable community,
reducing the cost of arrest by the offender, reducing the cost of arrest by criminals, enabling
punishment.21

The first police stated that, the purpose of compulsory labor in order to, make the prisoner a
better behavior, making a good working culture, In addition, to enable a good work ethic to go
out Citizens who benefit themselves, the community, and the nation as soon as they have
released.22

17
Ibid
18
Interview with Mr Alemu Neguse legal prisoner at Bonga, Feb,2012
19
Ibid
20
Ibid
21
Interview with Mr.Gethaun Kezintet Judge at Bonga court,Feb,2012 EC
22
Mr.Zenebe police at Bonga prison,Feb,2012 EC
 The second Judge stated that, Joining the prisoners into society with a good behavior, Beyond
having a change in behavior, it is also a good time to be healthy, physically, emotionally and
skillful in work or professionally active.23

Hence, the purpose of punishment of compulsory labor is merely for rehabilitation purpose for
the prisoners and to teach other future criminals with the same types of crime, more ever to
reduce government cost and to create work culture for the wrong doers however, this punishment
of compulsory labor has not any intent to revenge the prisoner for his/her wrong act.

Therefore, compelling prisoners are not only for the purpose of the prison rather to create work
culture among prisoners and to share knowledge for the sake of prisoner themselves.

 Related to the duration of time

The first prisoner stated that, the duration of the work period determined according to the nature
of the job. For example, if you have worked an agricultural worker, your stay until the work is
done.24

The prisoner stated that, the duration of the work period has determined by the completion of the
work. If 4 hours of work is necessary, we have to do for 4 hours ago, but our lunchtime has
protected.25

The second police stated that, Working hour must be limited for compulsory labor itself either it
must regulated under employee and employer law proclamation or its own governing rule have
to be enacted, practically we do in experience or habit not by the legal standard, some time we
try to manage by using the labor proclamation however, this is difficult to do so.26

Here of, based on the above interview the duration of time for compulsory labor is not fixed.
Simply the base of the duration determined by the nature of work, that means if the work takes
long time the duration may be long and if the work takes short time the duration also short.

23
Supra note 21
24
Mr.Lema Kochito, legal prisoner at Bonga, Feb,2012 EC
25
Mr.Alemu Neguse, legal prisoner at Bonga,Feb,2012EC
26
Interview, with Sajin Fekadu Meconen police at Bonga prison. Feb,2012 EC
  Types of work, practiced in Bonga prison:

The police that, the types of work has been undertaking as development works include farming,
planting, Digging, Weeding, harvesting, cattle breeding coffee stipe ,road construction, loading
sand, making brick and so on.27

The third prisoner stated that fishing water, cleaning the grounds, washing the bathroom and
bedroom adjusting, Wood splitting, Downloading and installing stone from cars.28

On the other hand, we worked compulsively to the police at this point work for the police if he
buys a stone he or she must bring it to the police house as well as we worked to the police to the
agricultural works.29

The first police stated that, the types of compulsory labor executed by prisoners are the various
developmental activities, the agriculture, construction, For example at the time of Bonga
university construction many prisoners were participate 30

The fourth police stated that, the works are building houses, when the house is build; the mud is
necessary to prepare, making a hall, when the road is mud, pouring sand, to engage in harvesting
at harvest time, Cutting trees and coffee gathering is the common activity engage in Bonga
prison.31

Here based on the above interview the types of work can be any work, which is important for the
prison and for the community such as agricultural works, sanitation, and cutting trees, stone
working, construction of house and road and the like.

 Type of compulsory labor inside and outside prison

The other compulsory labor conducted if there was community service on the side of the
government it may inside and outside the prison: such as national campaign also

27
27 Ibid
28
Interview, Mr.Tesfaw Abera legal prisoner at bonga,Feb,2012 EC
29
Ibid
30
Interview ,Mr.Zenebe police at Bonga prison,Feb,2012,EC
31
Interview with Mr. Hailemelekote Zemedu police at Bonga prison. Feb,2012 EC
 implemented. Works type manly done outside the prison such as agricultural works,
when the rains come in late harvest and the crops has rotten and other urgent jobs in the
area.32

The fourth prisoner stated that, other types of work in Bonga prison particularly for female
prisoners and manly done inside the prison such as cleaning the grounds, washing the bathroom
and bedroom adjusting, participate on food preparation etc...However there is no any
circumstance to do outside of the prison.33it was not mandatory for women prisoners as the men
did outside of prison, but by our own will, we worked lace, make sewing, make caffeine and earn
money for ourselves.34

Hence based on the location type of compulsory labor can be dividing in to two those are, inside
and outside the prison

 Inside compulsory labors are compulsory labor which is effective inside of the prison
such as sanitation.
 Outside compulsory labors are compulsory labor, which are located outside the prison
such as agricultural works done by prisoners
 The impacts of compulsory labor
 Compulsory labor influences on health

The second prisoner stated that, In relation to health, medical treatment is less in Bonga prison.
Most of the time the same medicine is given for different illnesses. On the other hand, much
number of prisoners compelled to stay in single room this affect the prisoners for different
contagious disease.as a result, many of the prisoners affected by tuberculosis, asthma, and
various viral and bacterial diseases, which can easily transmitted from person to person.35

32
Ibid
33
Interview with Meleche Legese Legal prisoner at Bonga,Feb,2012
34
Ibid
35
Interview with Mr.Alemu Neguse,legal prisoner at Bonga,Feb,2012.
The first prisoner stated that, there is no any treatment and access of medicine in the prison. If
one prisoner strictly affected by hard labor activity there is no immediate treatment from the
prison center, rather the police forward a command for another compulsory labor activity.36

Hence, as per the interview prisoners are subjects to many diseases and up to lose of life because
of lack of health care inside the prison and even outside of the prison, that means health centers
do not provide sufficient health service for those inmate contrasting the other innocent people.

 Compulsory labor influences on physical

The prisoners stated that, In relation to Physical, compulsory labor became cause for body injury
for many prisoners at this point, when our friend forced to work for prison construction,
suddenly he field from the ladder and his leg soon paralyzed, and finally his parts of body
became paralyze, because of compulsory labor and poor medical treatments.37

Hence, based on the above interview many prisoners are subject to physical injury and health
problem due to compulsory labor and after the occurrence of such injury, lack of medical care
increase the pain and finally the fate of prisoners become difficulty to recover to his original
health condition. The existence of such condition shows that the implementation of criminal
provisions, specially the suspension of sentence during illness is zero.

 Reason of prisoners which does not condemned to do

The second police stated that, there are different ground that does not compel the prisoner to do.
Those grounds are clearly provided on the criminal laws and prisoners protection regulation. Due
to health condition (patient), age, physical infirmity or by any justiciable reason prisoners are not
condemned to work.38

36
Interview with Mr.Lema Kochito. legal prisoner at Bonga ,Feb,2012.
37
Ibid
38
Interview with Mr.Hilemelekot Zemedu,police at Bonga prison.Feb,2012
By this juncture prisoner would be free from compulsory labor for the reason that they are
incompetent to do compulsory labor due to their health condition, age and physical infirmity but
the other 19 classes forced to work.39

Hence based on the above interview, not all prisoners are subject for compulsory labor; some
prisoners are exempt from compulsory labor. Those prisoners free from compulsory labor are
disabled, elders and patients.

 Implementation of the criminal code provisions on compulsory labor:

Law sets an alternative, either to pay the fine or compulsory. Nevertheless, in practice, there is
little compulsory labor. No matter by which the law recognize the punishment under the criminal
code of Ethiopia, but, there is no legal framework in order to implement those specified laws. It
is difficult to take action for the performance. It seems that there is a legal gap here. For this,
there must have been governmental organ that keeps the gap of the law and the practical
implementation. However, there is no any established organ.40 On the other hand, Compulsory
labor is set as an alternative to payment in cash but prisoners they often choose to pay a sum
even if whatever they are poor they want to pay through borrowing money from other instead to
do compulsory labor.41

The Judge stated that, In relation to compulsory labor, I have never been experienced under day
to day activity of court order. However I think, it is hard to apply because. What types of work
order to compel it is not clearly identified as you have to work, when you have to work?, at what
time?, time duration? All those questions are undefined, here of to apply effectively the law has
a gap, so it is hard to apply.42

The first Judge stated that, when we punished the prisoners by money or fines, the ability to pay
have to be considered therefore, as the law stated the possibility to change fine punishment to

39
Ibid
40
Ibid
41
Ibid
42
Interview with Mr.Habibu Nuriye Judge at Bong court. Feb,2012, EC.
compulsory labor is if only the person is unable to pay the fine punishment it is the only ground.
Since many people penalize by fine however they pay the expected many.43

The third Judge stated that, When we see it the practical scenario, we see some illegitimate in the
courts. This means the Courts simply give the prisoner to the police without court decision while
Compulsory labor means a decision that given by the court but the practice in prison is contrary
to these stipulations.44

Okay, you have to work compulsory labor four days and five days, however, you will assign to
the police. Do the police do that? Where do you work? In the absence of any of them, the Court
will only ask the police to weather they work or not for those criminals.
This should not be. It must have its own work and the work should identify.45

work place, is he coming by car? You have to, if so that, which pay the transportation cost. Law
should determine all this.46

The third public prosecutor stated that, the court should not reflect his own personal interest he
should interpret what the law say not what he think. The legislative body should indicate who
does it. Where do? In what circumstances?

The legislator should issue a directive that is about the type of situation.47

Not only the rule of law, but also everything required enforcing the law, the job must be strictly
conformity with human right without breaching dignity of the prisoner, In other words, if we
done in prison we are punish the person with two punishments.48

The second Judge stated that, Compulsory labor is only when the court makes a decision or the
length of the day when the court determines that it is a compulsory labor, However, Prisoners
43
Interview With Mr.Getahun Kezintet, Judge at Bongs court,Feb,2012,EC
44
Ibid
45
Ibid
46
Ibid
47
Interview with Mr.Berhanu Anteneh, public prosecutor at Bonga courts ,Feb ,2012 EC
48
Ibid
who have detained have sentenced to imprisonment, not for compulsory labor. 49 Therefore, in
prison, they have to be punishing for arrest but they do not have to be compelling to work.50

Hence based on the above vast interview our criminal code as well as other laws promulgated in
sufficient manner even though the law speech many things in relation to compulsory labor are
not free from criticism because the criminal code merely put the possibility of imposing
compulsory labor as a substitution of fine and other scenario. However in the implementation of
such rule the provisions of criminal code are does not protected. According to the purpose of
criminal code of Article 1 it aim at the prevention of crimes by giving due notice of the crimes
and penalties prescribed by law. But on the compulsory labor the implementation consider as
revenge and that make the prisoners on difficult health, psychological effect.

As per article 95 of criminal code in default of the fine as Provided under article 93 and
94,the court shall order the criminal to settle the fine by doing work for the state or for any public
authority. However as the prisoner response some time they are compel to do for an individual
person for police, for prison managers and staffs. In order to make better implementation there
are specified condition for the suspension of enforcement of compulsory labor.51 According to
Article 97 of criminal code by reason of his poverty, his family obligation, his states of health or
for any good cause.at this time the court may order the suspension of the enforcement of
compulsory labor where the criminal unable to carry .out his obligation. But in the
implementation the reason of prisoners does not consider and if one prisoner is reuse to do work
by his health problem he is considered as rebellion. 53 The rule of suspension of sentencing during
illness also does not implemented in the prison as the law stipulates one prisoner does not
condemned to work at time of illness, he shall not be required to do any work until he recovers.
But practically the condemned to work without considering their health condition.

49
Ibid
50
Ibid
51
The criminal code of federal democratic republic of Ethiopia, Article 95.