Compulsory Labor in Ethiopia: The Law and the Practice at

Asella Prison

BY: Bekele Tadesse

Prepared under the supervision of:

Instructor Anteneh Geremew (LL.B, LL.M)

A Thesis submitted to Debre Markos University School of Law in partial

fulfillment of the requirements of Bachelor Degree of Law (LL.B)

Debre Markos University, School of law

Debre Markos, Ethiopia

December, 2010 E, C.
Declaration and confirmation
I BEKELE hereby declare that” COMPULSORY LABOUR IN ETHIOPIA: THE LAW AND
THE PRACTICE AT ASELL A PRISON” is my original work and has never been presented in
any other institution whenever any other person's statements are used, they have been duly
acknowledged.

Name: Bekele Tadesse

Id No. LAR/381/06

Signature:

Date:

Compulsory Labor in Ethiopia: The Law and the Practice at Asella Prison

By: Bekele Tadesse

Advisor: Anteneh Geremew

Signature:

Date:

Examiner:

Signature:

Date:

i
Acknowledgment
First and, foremost, I would like to thanks my God, for giving me time, health and strength to
accomplish this paper, as I want. Next to God, I would like thank my advisor Anteneh Geremew
for his restless advice to me during the preparation of this research paper.

My special thanks also extended to my mother Mrs. Sinkinesh Alemu, my elder sisters Almaz
Tadesse and Weynishet Tadesse, and my elder brother Aklil Tadesse for supporting me both
financially as well as morally. Finally, my deepest thank goes to all my dear friends who are
stand with me during the dark time of my five-year

ii
Acronyms/abbreviation
CRPD: Convention on the Rights of Persons with Disabilities

ECPHRFF: European Convention for the Protection of Human Rights and Fundamental
Freedoms

ICC: International Criminal Court

ICCPR: International Covenant on Civil and Political Rights

ICRMW: International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families

ILO: International Labor Organization

UDHR: Universal Declaration of Human Rights

UNGA: United Nation General Assembly

UNHRC: The United Nations Human Rights Council

UNSC: United Nation Security Council

iii
Table of content

Contents Page
Declaration and confirmation...........................................................................................................i

Acknowledgment.............................................................................................................................ii

Acronyms/abbreviation..................................................................................................................iii

Table of content..............................................................................................................................iv

Abstract............................................................................................................................................1

Chapter One: Introduction...............................................................................................................2

1.1 Background of the Study.......................................................................................................2

1.2 Statement of the problem.....................................................................................................10

1.3 Objectives........................................................................................................................11

1.3.1General Objective..........................................................................................................11

1.3.2 Specific objectives........................................................................................................11

1.4 Research Question...............................................................................................................11

1.5 Significance of the study....................................................................................................11

1.6 Scope and limitations of the study.......................................................................................11

1.7 Research Methodology...................................................................................................12

1.7.1 Research design............................................................................................................12

1.7.2 Population and sampling...............................................................................................12

1.7.3 Instrumentation and data collection methods...............................................................12

1.7.4 Interpretation and data analysis techniques..................................................................12

1.8 Ethical Considerations.........................................................................................................13

1.9 Organization of the study.....................................................................................................13

1.10 Time Framework...............................................................................................................13

iv
Chapter Two: Legal frame works on compulsory labor................................................................14

2.1Introduction...........................................................................................................................14

2.2Definition of compulsory labor............................................................................................14

2.3 Historical development of compulsory labor......................................................................15

2.4 Forms of compulsory labor..................................................................................................16

2.5 International legal frame works......................................................................................18

2.5.1The ILO compulsory labor conventions........................................................................18

2.5.2 International Covenant on Civil and Political Rights...................................................23

2.5.3International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families...................................................................................................24

2.6 Ethiopian legal frameworks.................................................................................................25

2.6.1The FDRE Constitution.................................................................................................25

2.6.2The Oromia national regional state constitution............................................................26

2.6.3The criminal code..........................................................................................................26

2.6.4 Labor proclamation.......................................................................................................31

2.6.5 Civil code......................................................................................................................32

2.6.6 Criminal procedure code...............................................................................................32

2.6.7 Regulations on the treatment of federal prisoners........................................................33

2.6.8 Oromiya national state prisoners Guide regulation number---1991---.........................34

Chapter Three: The practice in relation to compulsory labor in Asella prison.............................36

3.1 The Current Practice in Asella prison.............................................................................36

3.1.1 Perceptions of the prisoners on the condition of Asella prison....................................36

3.1.2 Practice of compulsory labor in the prison...................................................................37

Chapter Four: Conclusion and recommendations..........................................................................52

4.1. Conclusion..........................................................................................................................52

v
 4.2. Recommendations...............................................................................................................53

References......................................................................................................................................54

Annex.............................................................................................................................................60

vi
Abstract
This research paper tries to analyze the laws on compulsory labor and the implementation as
well.

Here the study reveals that, some problems in relation to compulsory labor, even thought the
1995 FDRE constitution and other relevant International legal instruments guaranties’ the
protection of individuals from compulsory labor. Still now compulsory labor in both either
worldwide or countrywide are not totally abolished.

Especially here, in Ethiopia around in detention, centers compulsory labors are highly practiced.
In fact, the laws that talk in relation to compulsory labor put down some exceptions to be
exercise by the formal order of the court as well as based on the prison order for those prisoners
under detention but the practice in prison seems as a total permission.

Therefore, this study tries to identify the discrepancy between the rule and the practice on
compulsory labor.

To that effect, the study tries to reduce the gap between the law and the practice on compulsory
labor and then create understanding for the legal actors as well as for the clients.

1
Chapter One: Introduction
1.1 Background of the Study
At the end of the 18th century, three quarters of the world’s population bound in legally
recognized systems of slavery and serfdom.1 Slavery had been an institution throughout human
history, existing before written law.2 Campaigns for the abolition of slavery throughout the 17th
and 18th centuries brought about unprecedented change in global economic and government
structures, paving the way for freedom from slavery to be enshrined as a fundamental human
right.3 Yet today, at least 21 million people are still victims of forced labor.4

The concept of forced labor is quite, broadly defined and thus covers a wide range of coercive
labor practices, which occur in all types of economic activity and in all parts of the world. 5
Therefore, Forced labor defined as a hard physical work that somebody, often a prisoner or slave,
forced to do.6

Abolishment of slavery, free choice of employment, and just remuneration for labor was
included in the Universal Declaration of Human Rights (here in after, UDHR). 7 The International
Labor Organization (here in after, ILO) also includes elimination of all forms of forced labor as
one of four fundamental principles and rights at work, and the two ILO Conventions (No. 29 and
105) prohibited forced labor.8

1
International labor Rights forum, Forced labor back ground, available at:

https://www.laborrights.org/issues/forced-labor, last visited on November 29/2017

2
Ibid
3
Ibid
4
Ibid
5
International Labor Organization, Questions and answers on forced labor, available at:

http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_181922/lang--en/index.htm, last visited on

November 29/2017
6
Diana Lea, Oxford Advanced learner’s Dictionary (Eighth edition, 2010), p.584.
7
Supra note 1
8
Ibid

2
European Convention for the Protection of Human Rights and Fundamental Freedoms ( here in
after, ECPHRFF),International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (here in after, ICRMW),Convention on the Rights of
Persons with Disabilities (here in after, CRPD)

Including International Covenant on Civil and Political Rights (here in after, ICCPR) make
illegal forced labor.9

Some state actors continue to practice forced labor despite international law, but more than 90
percent of contemporary forced labor exists in the private sector.10 The ILO has two Conventions
on Forced Labor (No. 29 adopted in 1930 and No. 105 adopted in 1957). 11 The first defines
forced labor, and provides for certain exceptions, including compulsory military service, civic
duties, work required to cope with an emergency situation, and prison labor under certain
stipulated conditions.12 The second adds a specific obligation for States never to impose forced
labor as a means of political coercion or education, punishment for expressing political views or
participating in strikes, mobilizing labor for economic development, labor discipline or for racial,
social, national or religious discrimination. 13
Human trafficking can also be regard as forced
labor, and so the ILO estimate captures virtually the full spectrum of human trafficking abuses or
what some people call “modern-day slavery.” 14In addition to the above, cases of trafficking for
organ removal, forced marriage practices result in forced labor.15

9
Information platform humanrights.ch, Forced labor /Slavery, available at:

https://www.humanrights.ch/en/standards/legal-sources/forced-labour-slavery, last visited on November 29/2017

10
supra note 1
11
supra note 5
12
Ibid
13
Ibid
14
Ibid
15
Ibid

3
Forced labor is different from sub-standard or exploitative working conditions. 16 Various
indicators can be use to ascertain when a situation amounts to forced labor, such as restrictions
on workers’ freedom of movement, withholding of wages or identity documents, physical or
sexual violence, threats and intimidation or fraudulent debt from which workers cannot escape.17

Forced labor can result from internal or cross-border movement, which renders some workers
particularly vulnerable to deceptive recruitment and coercive labor practices. 18 It also affects
people in their home areas, born or manipulated into a status of bondage or servitude. 19
Forced labor includes forced sexual services.20 In addition to being a serious violation of
fundamental human rights, the exaction of forced labor is a criminal offence.21

The majority of forced work, 75 percent, takes place in industries such as agriculture, domestic
work, construction, fishing and manufacturing.22 The remaining quarter forced into the sex
trade.23 Victims most often subjected to violence and actual physical restraint by the perpetrators
of this crime, but also to more subtle means of control including deception, threats against
victims or their families, excessive debt and wage theft.24

The consequences are enormous. The ILO estimates the total loss of compensation to victims of
forced labor as $21 billion annually, a lucrative financial incentive for those who perpetrate this
crime.25 Victims tend to be from vulnerable poor and migrant populations, and this financial loss

16
Ibid
17
Ibid
18
Ibid
19
Ibid
20
Ibid
21
Ibid
22
Supra note 1
23
Ibid
24
Ibid
25
Ibid

4
only cements a generational cycle of poverty that often passes from parents to children. 26 In
addition, victims of forced labor left with emotional and physical scars that make reintegration
into society difficult.27Forced labor is the most common element of modern slavery. It is the
extreme form of people exploitation.28

Although many people associate forced labor and slavery with physical violence, in fact the
ways used to force people to work are more dangerous and deep-rooted in some cultures, for
instance commonly discriminated Dalits in India.29In Gulf States such as Qatar, workers are
denying their legitimate rights because of regulations that allow employers to exploit
labor.30Migrant workers targeted because they often do not speak the language, have few friends,
have limited rights and depend on their employers.31Forced labor happens in the context of
poverty, lack of sustainable jobs and education, as well as a weak rule of law, corruption and an
economy dependent on cheap labor.32

Forced labor is grave in prison. Prisoners in North Korea’s political prisons, as well as detention
facilities for ordinary crimes, face backbreaking forced labor in difficult and dangerous
conditions, sometimes in winter weather without proper clothing or adequate housing. 33

26
Ibid
27
Ibid
28
Ibid
29
Ibid
30
International Labor Organization (ILO) report, Forced labor is tolerated in many countries, available at:

http://www.dw.com/en/forced-labor-is-tolerated-in-many-countries/a-17649609 last visited on November 29/2017

31
Ibid
32
Ibid
33
UN: Seek Justice for North Korean Forced Labor Victims, Panel Discussion in Geneva on March 14 to Focus on
Pyongyang Accountability, available at:

https://www.hrw.org/news/2016/03/11/un-seek-justice-north-korean-forced-labor-victims,last visited on November

28/2017

5
The United Nations Human Rights Council (here in after, UNHRC) and the United Nation
General Assembly(here in after, UNGA) have condemned the human rights situation.34

In North Korea in previous resolutions and highlighted the need for accountability, including
calls for the United Nation Security Council (here in after, UNSC) to consider referral to the
International Criminal Court (here in after, ICC) consistent with the commission
recommendations.35 The UNSC has recognized the gravity of the situation by addressing North
Korea’s bleak human rights record as a formal agenda item two years in a row.36

The problem is that throughout the world, forced labor in Africa is widespread. As European
powers began to assert hegemony in much of Africa during the early twentieth century, forced
labor became a common and cheap method of organizing the labor of colonial subjects. 37 The
poor colonial states needed cheap African labor for infrastructure development while, in settler
colonies, European immigrants and business interests required affordable labor to squeeze out
profit margins.38The myth of the lazy African male fueled the ideological justification for forced
labor as an aspect of progressive rule. 39“If Africans would not work for Europeans voluntarily,
they force to work.”40Beyond this, different forms of forced labor grew in Africa: such as forced
labor for private interests, government forced labor, and coercion in the interests of
community.41Historically, Africa has paid more attention to forced labor for private purposes due
to its more immediate association with the slavery. 42During the early period of colonial rule, in

34
Ibid
35
Ibid
36
Ibid
37
Opolot Okia, Forced Labor and colonial Development In Africa, available at:

http://www.bookmetrix.com/detail/chapter/af3ed7f5-72ff-459f-ba36-0bcc391194ca, last visited on November

28/2017
38
Ibid
39
Ibid
40
Ibid
41
Ibid
42
Ibid

6
areas with significant European settlement, private sector demands for cheap African labor were
high. However, the wages were dreadfully low, the work was hard and dangerous, and many
Africans still maintained.43

Ethiopia is a source country for men, women, and children subjected to trafficking in persons,
specifically conditions of forced labor.44Girls from Ethiopia’s rural areas are force into domestic
servitude, while boys are subjects to forced labor in traditional weaving, gold mining,
agriculture, herding, and street vending.45 Small numbers of Ethiopian girls are force into
domestic servitude outside Ethiopia, primarily in Djibouti and Sudan, while Ethiopian boys are
subjects to forced labor in Djibouti as shop assistants and errand boys. Women from all parts of
Ethiopia are subjects to involuntary domestic servitude throughout the Middle East and in Sudan,
and many transit through Djibouti, Egypt, Libya, Somalia, or Yemen as they migrate to labor
destinations.46 Ethiopian women in the Middle East face severe abuses, including physical and
sexual assault, denial of salary, sleep deprivation, confinement, incarceration, and murder. Many
are drive to despair and mental illness, some commit suicide. 47 Small numbers of low-skilled
Ethiopian men migrate to Saudi Arabia, the Gulf States, and other African nations, where they
are subject to forced labor.48In relation to forced labor under Ethiopian, prison looks like as
follow.

In describing forced labor, scholars suggested that certain interviews informed them as they
subjected to forced labor during 14 episode of detention. 49Consequently, they observe that three

43
Ibid
44
"Ethiopia". Trafficking in Persons Report 2010, U.S. Department of State (June 14, 2010). This article
incorporates text from this source, which is in the public domain. available at:
https://en.wikipedia.org/wiki/Human_trafficking_in_Ethiopia, last visited on November 28/2017
45
Ibid
46
Ibid
47
Ibid
48
Ibid
49
“Because I am Oromo: sweeping repression in the Oromia Region of Ethiopia. Amnesty International, London,
October 2014. p.19.available at:

http://unpo.org/downloads/1423.pdf, last visited on November 28/2017

7
interviewees became sick as a result mal treatment, poor diet and forced labor. 50 Here the act also
resulted in a breathless damage.51

The data prepared in 2009, explained that for the seven continuous months, the three detentions
in the second part of Jimma central jail had forced to wash police officers clothes.52

By the same talked, the research done in 2010 stated that the accused of the second section of
prison in Arategna detention center, Dire Dawa East Harerge were forced to render domestic
services.53

In addition, the prisoners had exposed to in human treatment like that of beaten and tortured
which condemned by FDRE constitution and other International legal instruments, moreover
prisoners had subjected to heavy work like that of carrying sand, split and chop woods. 54As the
researcher explained, prior to the universal suffrage of 55
2010, the accused taken to Agarafa
central prison and in these prisoners had forced to work weighty jobs such as digging and cutting
trees together with physical attack, then the prisoners had moved to Zeway prison.

Following the 2010, universal suffrage prisoners had made to perform “clearing and cutting
trees, and carrying goods to and from lorriss.”56

In addition to the above bad treatment and forced labor prisoners at Dender prison exposed to
forced sex.57

The legal frameworks to regulate forced or compulsory labor in Ethiopia are the1995
Constitution of the Federal Democratic Republic of Ethiopia, the 1961 Criminal Procedure Code
50
Ibid
51
Ibid
52
Ibid
53
Ibid
54
Ibid
55
Ibid
56
Ibid
57
Ibid

8
of Ethiopia, the 1960 Civil Code of Ethiopia, the 2004 criminal code of Ethiopia, The Treatment
of Federal Prisoners Council of Ministers Regulations No.138/ 2007, the Revised Constitution of
Oromia National Regional State. In addition, the Labor Proclamation No.377/2003.

In formal and informal sectors, freely chosen work remains an essential part of being human. 58In
this regard, Article 41(1) and (2) of the Constitution guarantees every Ethiopian citizen the right
to freely engage in economic activity and pursue a livelihood anywhere in the state territory, to
choose his or her means of livelihood, occupation and profession.59 However, Article 18(3) of the
Constitution provides that no one shall be required to perform forced or compulsory labor and no
one shall be compelled to work without his/her free consent. 60In addition to this, In default of
payment of the fine as provided under Articles 93 and 94, the Court shall order the criminal to
settle the fine by doing work for the State or for any public authority. The Court shall, taking into
account the amount of the fine, determine the period within which the fine is to be settle.
However, the period to be determined shall not exceed two years.61

However, the Prohibition of forced or compulsory labor not in all its forms: certain exceptions
admitted such as military service, emergencies such as wars, fires, earthquakes.62

The Labor Proclamation No. 377/2003 ensures that worker/employer relations governed by the
basic principles of rights and obligations with a view to maintaining industrial peace and work in
the spirit of harmony in order to safeguard workers/employers relations.63

58
Ethiopia – Government, The elimination of all forms of forced or compulsory labor, available at:

http://www.ilo.org/public/english/standards/relm/gb/docs/gb277/pdf/d2-elim.pdf.p.195, last visited on November

28/2017
59
Ibid
60
Ibid
61
The criminal code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No.414/2004 Art 95
62
The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No.1/1995, Federal Negarit

Gazeta, 1st Year, No.1, Article 18(4).

63
Supra note 57

9
The Federal Democratic Republic of Ethiopia issued different proclamations and proclaimed a
Constitution to safeguard the workers’ rights in order to eliminate forced or compulsory labor. 64

The other means deployed by the Government to promote these principles and rights is the
issuance of Labor Proclamation No. 377/2003, which guarantees workers’ rights by providing
for collective agreement among workers and employers to improve the Conditions of work. 65

The law prohibits most forms of forced or compulsory labor, including by children; however, the
law also permits courts to order forced labor as a punitive measure. 66 The government did not
effectively enforce the forced labor prohibition, and forced labor occurred in practice. 67 Both
adults and children had forced to engage in street vending, begging, traditional weaving, or
agricultural work. Children also worked in forced domestic labor. Situations of debt bondage
also occurred in traditional weaving, pottery, cattle herding, and other agricultural activities,
mostly in rural areas.68

1.3. Objectives
1.3.1. General Objective
The main objectives of this research focus on analyzing the laws on compulsory labor in
Ethiopia with a particular focus on the practice in Asella prison.

1.2 Statement of the problem

Compulsory labor is a worldwide problem. However, some regions have larger people affected
than others. Here in our continent Africa also million numbers of populations had affected by
compulsory labor. This worldwide problem shadow in our country Ethiopia and the problem
extended particularly in Asella prison; here in Asella prison the problem is very serious because
thousand numbers of prisoners compelled to work in agricultural farmland through plowing,

64
Ibid
65
Ibid
66
Country Reports on Human Rights Practices for 2016,United States Department of State • Bureau of Democracy,
Human Rights and Labor, available at:

https://www.state.gov/documents/organization/265466.pdf.p.42, last visited on November 28/2017

67
Ibid
68
Ibid

10
harvesting, and weeding, in addition in construction, cleaning toilet, weaving, and other works
with a cheap labor cost without court decision. 69 If this problem continued without legal
permission, it is risky for the constitutional supremacy as well as for the prisoners.

According to the information that the researcher gathered from Asella Prison Administrator: the
total numbers of prisoners in 2008 are 1460 from these 1160 of them are engaged on compulsory
labor. and the total number of prisoners in 2009, are increasing by 2600 from these 2100 of them
are vulnerable for compulsory labor except some old age prisoners, HIV ADIS victims and
other sick prisoners. Therefore, this research will target to analyze compulsory labor in our
country Ethiopia particularly in Asella prison.

1.3.2. Specific objectives

To analyze the legal framework governing compulsory labor in Ethiopia;

To examine the implementation of the laws on compulsory labor in Asella Prison;

To identify the loopholes in the law and the practice relating to compulsory labor in Ethiopia;

1.4. Research Question

 How the laws on compulsory labor in Ethiopia with a particular focus on the practice in
Asella Prison?
 In addition to this main question the study, need to raise a number of crucial questions
including:
 Which legal frameworks govern compulsory labor in Ethiopia?
 How the law implement on compulsory labor in Asella prison?
 What are the loopholes in the law and the practice in relation to compulsory labor in
Ethiopia?

1.5. Significance of the study

The research will have an important contribution for any reader to know the gap between the law
on paper and the reality on the practice in relation to compulsory labor in Asella prison. In
addition to this benefit, the study will serve as creating awareness for the society in general, all
about compulsory labor and advantages for any researcher who wants to conduct further research
in this area.
69
Interview with Mrs. Chaltu kebede, secretary of Asella prison, On 22 July 2009E.C

11
 1.6. Scope and limitations of the study
The problem of compulsory labor is very serious and worldwide in nature. My study is limited to
discuss only the law and the practice of compulsory labor in Asella prison because of limitations.

Among those limitations, lack of sufficient budget is the main challenge for this study. Another
hindrance shortage of source in relation to compulsory labor since the area is not conduct similar
research. In addition to this, there may be shortage of time due to preparation for the national exit
exam.

1.7. Research Methodology

1.7.1. Research design
Regarding this study, a qualitative research approach methodology will employ to know the
attitude, opinion and feelings of the prisoners and stakeholders towards compulsory labor in
Asella prison.

1.7.2. Population and sampling

In this study, the population will be different stockholders who live inside and outside Asella
prison including prisoners under the detention with a total number of 16 participants. From these
total populations interview will conduct with six prisoners, with three Judges, with three public
prosecutors and with four polices. At this point the researcher will employ the purposive
sampling technique in order to minimize cost and time besides to acquire relevant and convince
data from the study.

1.7.3. Instrumentation and data collection methods

On the way to my study, I will use both primary and secondary sources. The primary source will
be interview, gathering different laws mainly from national laws such as the 1995 FDRE
constitution of Ethiopia, the criminal code of Ethiopia, Regulations, rules and if any court
pronouncement, International laws like ILO convention and other laws interview.

While secondary data collected from different books, dictionary, journals, if any past researches
conducted in relation to the subject matter, Internet and other documents are relevant to this
study.

In relation to data collection techniques, the researcher will conduct in depth interview.

12
 1.7.4. Interpretation and data analysis techniques
For this study, the collected data will analyze and interpret by using qualitative data analysis
research method this means those qualitative data gather through interview and observation from
the study area and respondents answer respectively will analyze and interpret by narration and
description.

1.8. Ethical Considerations

Ethics is very important to achieve the study in a successful manner in this study many ethical
issues will consider in all stages.

Here to conduct this research I have asked the permission from Debre Markos School of law.

Based on the permission paper, I will ask Asella prison administrator.

I will tell my respondents concerning the aim of collecting data and I will inform my respondents
there right to give or not to give. Answer as they wish, and finally, I will tell their response shall
be use only for academic purpose and their personal information not disclosed to others.

1.9. Organization of the study

I have organized this research paper under chapters and accordingly it has four chapters.

The first chapter of my paper will contain background, significance, scope and limitation of the
study in addition statement of the problem, objectives, research question, methodology, ethical
consideration and time framework.

In the second chapter, I will discuss the historical development, definition, forms of compulsory
labor, legal loopholes, the legal regimes those governing compulsory labors, both international
and domestic laws.

In the third chapter, I will go through the current practice of compulsory labor in Asella prison.

Finally, the fourth chapter of the study will contain conclusion and recommendations.

1.10. Time Framework

The study timeframe work will present in the following table as follow

No Chapters Time

13
1 Chapter one From June 15-July 30/2009
2 Chapter two From august 1-august 25/2009
3 Chapter three From august26-september 15/2010
4 Chapter four From September 16-30 /2010

Chapter Two: Legal frame works on compulsory labor

2.1. Introduction
The concept of compulsory labor, contemporary forms of slavery, debt bondage and human
trafficking closely related terms though not identical in a legal sense. 70 ILO's definition of forced
labor covered most situations of slavery or human trafficking.71Moreover, this chapter deals all
about the definition of compulsory labor, the historical development, its forms and mainly legal
regimes, which govern compulsory labor both at international as well as at national level.

2.2. Definition of compulsory labor

“Forced or compulsory labor” is define as “all work or service which is exacted from any person
under the menace of any penalty and for which the said person has not offered himself
voluntarily”.72. On the other hand compulsory labor termed as Work exacted from a person under
threat of penalty; work for which a person has not offered himself voluntarily. Under the U.N.
Convention on Civil and Political Rights (article 8), exemptions from this definition include (1)
penalties imposed by a court, (2) compulsory military service, (3) action taken in an emergency,

70
The meanings of Forced Labor - International Labor Organization available at:

http://www.ilo.org/global/topics/forced-labour/news/WCMS_237569/lang--, last visited on November 28/2017

71
Ibid
72
C029 - Forced Labor Convention, 1930 (No. 29), Convention concerning Forced or Compulsory Labor, Adopted
in Geneva, 14th ILC session 28 Jun 1930 and Entered into force: 01 May 1932), Art.2 (1)

14
(4) normal civil obligations, and (5) minor communal services- Also, termed compulsory
labor.73

All work or service which is extracted from any person under the menace of any penalty and for
which the said person has not offered himself voluntarily (Forced Labor Convention 1930,
Article 2(1)

2.3. Historical development of compulsory labor

For much of the history of humankind, forced labor has been easier to monitor and measure than
it is today. 74Before the twentieth century, forced labor accepted in many countries as the natural
order of economic and social relationships, and governments kept detailed records of slaves and
their treatment75.

In the 1900s, forced labor generally criminalized and, as a result, it went underground.76

Today, its hidden nature makes it difficult to identify and quantify, making monitoring of forced
labor with any degree of precision difficult. 77Furthermore, in some places where forced labor
occurs, it is not consider as a crime.78 In India, for example, bonded workers who have no
freedom to walk away and not paid for their work often referred to as “attached workers,”
thereby concealing their forced labor status.79

73
Bryan A. Garner, Black’s law Dictionary 7thed, 1999, p.657.
74
5 Forced or Compulsory Labor | Monitoring International Labor ... available at:

https://www.nap.edu/read/10937/chapter/7, last visited on November 28/2017

75
Bales, K. 2002, July, International labor standards: Quality of information and measures in progress in combating
forced labor. Paper prepared for the National Research Council Workshop on International Labor Standards: Quality
of Information and Measures of Progress. Washington, DC.
76
Ibid
77
5 Forced or Compulsory Labor, supra, available at:

https://www.nap.edu/read/10937/chapter/7
78
Ibid
79
Ibid

15
At this time, the elimination of one form of forced labor was “the first human rights issue to
arouse wide international concern”80. Despite universal condemnation, however, eradicating
forced labor’s “numerous forms—old and new, ranging from slavery and debt bondage to
trafficking in human beings—remains one of the most complex challenges facing local
communities, national governments, employers’ and workers’ organizations and the international
community”81.

2.4. Forms of compulsory labor

Some of the most common forms of forced labor include forced labor in prisons. Except for
prisoners that have been convict in a court of law, and whose labor is under the supervision and
control of a public authority, human trafficking for the purpose of forced labor, coercion in
employment, forced labor linked to exploitative labor contract systems, and debt-induced forced
labor, also known as ‘debt-bondage’ or ‘bonded labor’.82

Those forms of forced labor are

Slavery: slavery defined as a "physical abduction" followed by forced labor where the practices
exist in a country such as Congo, Liberia, Mauritania, Sierra Leone and Sudan.83

Farm and rural debt bondage means When workers see all their wages, go to paying for
transportation, food and shelter because they've been "locked into debt" by unscrupulous job
recruiters and landowners and they can't leave because of force, threats or the remote location of

80
U.N. Office of the High Commissioner for Human Rights, 1991, Contemporary forms of slavery. (Fact Sheet No.
14). Geneva: Author, Available at:

http://www.unhchr.ch/html/menu6/2/fs14.htm June 25, 2003, last visited on November 28/2017

81
International Labor Organization 2001b, Stopping forced labor, Global Report under the Follow-up to the ILO
Declaration on Fundamental Principles and Rights at Work. Geneva, International Labor Office.
82
International Labor Organization (ILO), Combating Forced Labor. A Handbook for Employers & Business,
2015.available at:

https://www.globalreporting.org/standards/gri-standards-download-center/gri-409-forced-or-compulsory-labor/, last
visited on November 28/2017

83
Ibid

16
the worksites and practice in a country such as Benin, Bolivia, Brazil, Cote d'Ivoire, Dominican
Republic, Guatemala, Haiti, Mexico, Paraguay, Peru, Togo84

Bonded labor: Another form of debt bondage, it often starts with the worker agreeing to provide
labor in exchange for a loan, but quickly develops into bondage as the employer adds more and
more "debt" to the bargain and the practice seen in Bangladesh, India, Nepal, Pakistan and Sri
Lanka.85

People trafficking: When individuals forced or tricked into going somewhere by someone who
will profit from selling them or forcing them to work against their will, most often in sexual
trades.86 Many countries are both "origins" and "destinations" for victims and practice in
Albania, Belarus, Bosnia and Herzegovina, Brazil, China, Colombia, Cote d'Ivoire and the like
countries in the world.87

Abuse of domestic workers: When maidens and other domestic servants are sold to their
employers or bonded to them by debts and this form practice in Benin, Cote d'Ivoire, France,
Haiti and throughout the Middle East countries.88

Prison labor: where contracting out of prison labor or forcing of prisoners to work for profit-
making enterprises and practice in Australia, Austria, China, Cote d'Ivoire, France, Germany,
New Zealand, Madagascar, Malaysia and United States.89

Compulsory work: When people are required by law to work on public construction projects
such as roads and bridges and mostly practice in Cambodia, the Central African Republic,
Kenya, Burma (also known as Myanmar), Sierra Leone, Swaziland, Tanzania and Vietnam.90

84
Ibid
85
Ibid
86
Ibid
87
Ibid
88
Ibid
89
Ibid
90
Ibid

17
Military labor: When civilians are forced to do work for government authorities or the military
and mainly practice in Burma (also known as Myanmar).91

2.5. International legal frame works

2.5.1. The ILO compulsory labor conventions

2.5.1.1. Forced labor convention, 1930(No.29)

The 1930 (No. 29) ILO Forced Labor Convention under Article 2(1), defines the term ‘forced or
compulsory labor’ as:

All work or service which is exacted from any person under the menace of any penalty, and for
which the said person has not offered himself voluntarily.92

Here Article 2(2) provides exceptions for work that is required by: (1) compulsory military
service provided it is of a purely military character; (2) normal civic obligations; (3) a conviction
in a court of law; (4) cases of emergency; and (5) minor communal services performed by
members of a community and in the direct interest of the community.93

The “imposition of forced or compulsory labor for the benefit of private individuals, companies
or associations” has immediately prohibited under Art. 4 sub 1.94 Nevertheless, forced labor
imposed by public authorities does not mean illegal, rather member states undertook to “suppress
the use of forced or compulsory service in all its forms within the shortest possible period” Art.
1, sub Art.1.95 Here under Art, 1, sub 2 choice to compulsory labor shall be had “for public
purposes only and as an exceptional measure”.96 Since 1998, the Committee of Experts has held
that this transitional period cannot invoke to justify forced labor practices.97
91
Ibid
92
Supra note 71
93
Ibid
94
Ibid
95
Ibid
96
Ibid
97
Individual Observation by the Committee of Experts on the Application of Conventions and

Recommendations concerning Convention No. 29, Forced Labor, Bangladesh, 86th Session, Geneva,

18
In its 2007 General Survey concerning the Forced Labor Convention, the Committee observed
that the transitional period expired long ago and that “consideration should be given to the
adoption of a protocol” that would have the effect of revoking references to the transition
period.98

Moreover, Article 25, of the same convention criminalized forced labor:

“The illegal exaction of forced or compulsory labor shall be punishable as a penal offence, and
it shall be an obligation on any Member ratifying this Convention to ensure that the penalties
imposed by law are adequate and are strictly enforced.”99

2.5.1.2. Abolition of compulsory labor convention, 1957(No.105)

This Convention makes no change to the definition of forced labor provided In convention 29. 100
The Committee of Experts has explained that these two conventions are complementary. “While
Convention No. 105 is the more recent instrument, it builds on the foundation laid down by
Convention No. 29 to prohibit forced or compulsory labor in specific instances. Convention No.

1998 (In this respect, the Committee observes that… each Member of the ILO… undertakes to

Suppress the use of forced or compulsory labor in all its forms within the shortest possible period…

Since the Convention, adopted in 1930, calls for the suppression of forced labor within the shortest

possible period, to invoke at the current time (67 years after its adoption) that certain forms of forced

or compulsory labor comply with one of the requirements of this set of provisions, is to disregard the

Transitional function of these provisions and contradicts the spirit of the Convention.”).cited in Forced Labor and
Human Trafficking Casebook of Court Decisions,p.10
98
Eradication of forced labor, General Survey of 2007, at paras, 10 & 196. cited in Forced Labor and Human
Trafficking Casebook of Court Decisions,p.10
99
Supra note 71
100
See Forced labor, General Survey by the Committee of Experts on the Application of Conventions

and Recommendations, ILC, 52nd Session, Geneva, 1968, para. 42 [hereafter: Forced labor, General

Survey of 1968.] See also Eradication of forced labor, General Survey of 2007, at para. 11 (“Convention

No. 105 does not constitute a revision of Convention No. 29, but was designed to supplement it.”). cited in Forced
Labor and Human Trafficking Casebook of Court Decisions,p.11

19
29, on the other hand, lays down a general prohibition on forced and compulsory labor, admitting
only a few exceptions.”101

Article 1 of the Abolition of Forced Labor Convention, 1957 (No. 105) provides that forced or
compulsory labor shall not be use:

For the purpose of political coercion or education, or as a punishment for holding or expressing
political views or views ideologically opposed to the established political, social or economic
system. 102

In addition, forced or compulsory labor shall not be use as a method of mobilizing and using
labor for purposes of economic development, as a means of labor discipline; as a punishment for
having participated in strikes and as a means of racial, social, national or religious
discrimination.103

2.5.1.3. Worst Forms of Child Labor Convention, 1999 (No. 182)

Article 3 of this Convention defines the ‘worst forms of child labor’ as followed:

(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labor, including forced or
compulsory recruitment of children for use in armed conflict; that means any form of slavery and
acts related to slavery deemed as compulsory labor.

(b) The use, procuring or offering of a child for prostitution, for the production of pornography
or for pornographic performances;

(c) 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;

101
ILO, Report of the Committee of Experts on the Application of Conventions and Recommendations,

Report III (Part 1A) International Labor Conference, 85th Session, Geneva, 1998, para. 105. cited in Forced Labor
and Human Trafficking Casebook of Court Decisions,p.11
102
the Abolition of Forced Labor Convention, 1957, Adopted in: Geneva, 40th ILC session 25 Jun 1957and Entered
into force: 17 Jan 1959,Art.1
103
Id

20
(d) Work which, by its nature or the circumstances in which it is carried out, is likely to harm the
health, safety or morals of children.104

Article 7 provides that each member “shall take all necessary measures to ensure the effective
implementation and enforcement of the provisions giving effect to this Convention including the
provision and application of penal sanctions or, as appropriate, other sanctions”.105

2.5.1.4. The ILO Committee of Experts on the Meaning of Forced Labor

The definition of forced labor given in Article 2 can be analyzed in terms of three elements:
Work or service performed, under the menace of any penalty and for which the person has not
offered himself or herself voluntarily.106

Through individual observations and general reports or surveys, the Committee of Experts has
offered its views on the meaning of these elements.

Work or Service – The Committee of Experts has explained that an obligation to undergo
compulsory education is not ‘work or service’ exacted under the menace of a penalty. Similarly,
a compulsory vocational training scheme does not usually constitute compulsory work or service
within the meaning of Convention No. 29. However, since vocational training perhaps “entails a
certain amount of practical work”, it may be necessary to examine closely the factual context, to
“determine whether it is unequivocally one of vocational training or on the contrary involves the
exaction of worker service within the definition of ‘forced or compulsory labor’”.107

104
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labor, Adopted in Geneva, 87th ILC session ,17 Jun 1999 and Entered into force: 19 Nov 2000, Art.3
105
Ibid
106
All General Surveys dating back to 1985 are available at www.ilo.org/ilolex. cited in Forced Labor and Human
Trafficking Casebook of Court Decisions,p.12
107
Abolition of forced labor, General Survey by the Committee of Experts on the Application of

Conventions and Recommendations, ILC, 65th Session, Geneva, 1979, para. 20 [hereafter: Abolition of forced
labor, General Survey of 1979.]. See also Eradication of forced labor, General Survey of 2007, at para. 36. Cited in
Forced Labor and Human Trafficking Casebook of Court Decisions,p.12

21
Menace of any Penalty – According to the Committee of Experts, this phrase should be
construed broadly.

It “need not be in the form of penal sanctions” but might also take the form “of a loss of rights or
privileges” such as a promotion, transfer, access to new employment, housing, etc.108

Considerable attention has been devoted to this element, particularly over whether psychological
coercion or economic compulsion might amount to a penalty within the meaning of the Forced
Labor Convention.

In general, ILO supervisory bodies have recognized that psychological coercion might amount to
the menace of a penalty but have been hesitant to accept the argument that a general situation of
economic constraint that keeps a worker on a job is equivalent to the menace of any penalty. 109
Instead, the Committee has pointed out that the employer or State is “not accountable for all
external constraints or indirect coercion existing in practice [thus] the need to work in order to
earn one’s living could become relevant only in conjunction with other factors for which they are
answerable”.110

Voluntary Offer – This element is distinct from ‘menace of any penalty’, but the Committee of
Experts has noted that work accepted under the menace of any penalty is not work accepted
voluntarily. In other words, there is no ‘voluntary offer’ undertreated addition, where deceit and
fraud are involved in the original work offer, the worker’s acceptance cannot consider knowing

108
Abolition of forced labor, General Survey of 1979, op. cit., at para. 21; see also Eradication of forced labor,
General Survey of 2007, at para. 37. Cited in Forced Labor and Human Trafficking Casebook of Court
Decisions,p.12
109
See ILO, Report of the Committee set up to examine the Article 24 representation concerning

Portugal, 1985, para. 97. Cited in Forced Labor and Human Trafficking Casebook of Court Decisions,p.12
110
ILO, Report of the Committee of Experts on the Application of Conventions and Recommendations,

Report III (Part 1A), International Labor Conference, 90th Session, Geneva, 2002, p. 98. Cited in Forced Labor and
Human Trafficking Casebook of Court Decisions,p.12

22
and voluntary.111 At all times, a worker’s right to free choice of employment is inalienable. 112 A
worker must always be free to choose to leave his or her work. Therefore, the question now
consists of two elements: whether the consent to work had given freely, and whether the worker
preserves the ability to cancel his or her consent.113

2.5.2. International Covenant on Civil and Political Rights

The covenant is a multilateral treaty adopted by the United Nations General Assembly, on 19
December 1966 and coming in to force ten years later on March 23, 1976 and this covenant also
consists a preamble and fifty-three articles, divided within six parts. 114 It imposed duties up on
the ratified countries to protect those civil and political rights; among the rights protected under
the ICCPR is the right to not be compelled. Here the covenant under Article 8 sub Art 3(a),
clearly prohibit compulsory labor:

According to the wordings of the above-cited provision, “No one shall be required to perform
forced or compulsory labor,’’ this means compulsory labor condemned under ICCPR, unless the
consent of the worker required and anybody who are under obligation can site this provision in
order to avoid such illegal act. 115 However, this prohibition is not absolute it has some exception
as per the reading of Art.8 (3) (b),this exception can be exercise for the purpose of punishment,

111
Individual Observation Concerning Peru, 87th Session, Geneva, 1999, para. 3 (noting that certain

forms of deceitful or violent recruitment of labor were forced labor). Cited in Forced Labor and Human Trafficking
Casebook of Court Decisions,p.13
112
Abolition of forced labor, General Survey of 1979, op. cit., para. 68; Eradication of forced labor,

General Survey of 2007, at para. 40. Cited in Forced Labor and Human Trafficking Casebook of Court
Decisions,p.13

113
Forced labor and trafficking: a casebook of court decisions: a training manual for judges, prosecutors and legal
practitioners / International Labor Office. - Geneva: ILO, 2009,available at:

http://www.legislationline.org/download/action/download/id/2734/file/wcms.pdf, last visited on November 28/2017

114
International Covenant on Civil and Political Rights, Adopted and opened for signature, ratification and
accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976,
Article 8
115
Ibid

23
that means compulsory labor may imposed as a punishment for a crime, however this
compulsory labor must imposed by the competent authority. 116 If not it will amount illegal. For
instance, our constitution also gives recognition compulsory labor as a punishment.

2.5.3International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families 
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families entered into force in July 2003.117 Its main goal is to safe guard
migrant workers and their families, predominantly helpless population, from exploitation and the
infringement of their human rights.118 In order to achieve this objective Article 11: (2) stated as
follow, “No migrant worker or member of his or her family should be required to perform forced
or compulsory labor”.119 Here any migrant worker including his closest relatives have a legal
protection and cannot be compelled to do any work without the free consent of migrant.
However, this legal instrument is not without exception. That means countries may lawfully
practice compulsory labor as a punishment for crime but this exception applicable under this
legal instrument when the order passed by the court in lack of this compulsory labor will be
against the law.120

The other exception is in case of emergence countries have a right to impose compulsory labor
on migrants. 121
The rationale behind this compulsory labor may be to protect the public interest.
Moreover, the final exception covered by this international legal instrument is for “Any work or
service that forms part of normal civil obligations “ 122
which means works need the participation
of the community the work can be construction of road, school, bridge and the like.

116
Ibid
117
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families entered into force in July 2003.Art.11
118
Ibid
119
Ibid
120
Ibid,Art.11(3)
121
Ibid,Art.11(4)b
122
Ibid,Art.11(4)c

24
2.6. Ethiopian legal frameworks
2.6.1. The FDRE Constitution
Article 18 (3) of the FDRE constitution recognized that” No one shall be required to perform
forced or compulsory labor.”123However, these rights are not without restrictions. It has some
exceptions that are permit under Art.18 (4) a-d of the constitution. Thus, for the function of sub-
article 3 the expression forced or compulsory labor shall not include;

“Any work or service normally required of a person who is under detention in consequence of a
lawful order, or of a person during conditional release from such detention.” Under this sub
article, the exception applicable if there is court orders that means the court should give a
genuine decision on the matter that lead the prisoners in to compulsory labor otherwise the law
prohibit compulsory labor. Therefore, the only way to compel prisoners to do some works is
lawful order by the court themselves.

(b) In the case of conscientious objectors, any service exacted in Lieu of compulsory military
service. at this point the exception applicable in case of military service when someone incapable
to perform his duty because of health and other reasons compulsory labor shall be take place as a
form of substitution. Here the justification behind this stipulation is may be to save public
interest other than individual.

(c) Any service exacted in cases of emergency or calamity threatening the life or well-being of
the community. At this point compulsory labor permitted in case of emergence that means when
the life of the nation is at stake. Here the nation at risk may be invasion, break down of law,
national catastrophe or epidemic occurred as per Article 93(1) (a) of the FDRE constitution.

(d) Any economic and social development activity voluntarily performed by a community within
its locality124 under this sub article compulsory labor allow in case of economic and social
development like construction of roads, schools, bridges and other activities which demands
labor within the community.

123
Supra note 61, Art. 18 (3).

124
Ibid

25
2.6.2. The Oromia national regional state constitution
Here the regional state also share the same idea with the FDRE constitution since the FDRE
constitution is the supreme law of the land and their similarity is no more surprise rather it is a
mandatory. As a result, the state constitution on compulsory labor under Art 18(3) stipulated as
follow

“No one shall be required to perform forced or compulsory labor”.125 However, Art 18(4) lay
down an exception, which means compulsory labor allowed on the following circumstance

(a) Any work or service normally required of a person who is under detention in consequence of
a lawful order, or of a person during conditional release from such detention.126

(b) In the case of conscientious objectors, any service exacted in Lieu of compulsory military
service.127

(c) Any service exacted in cases of emergency or calamity threatening the life or well-being of
the community.128

(d) Any economic and social development activity voluntarily performed by a community within
its locality129

2.6.3. The criminal code

In our criminal code, compulsory labor serves as a crime punishment. This means if someone
breach the law that guilty person punished by compulsory labor like that of death penalty,
imprisonment and other punishments. Nevertheless, how compulsory labor imposed on a crime
offender? 

The first imposition of compulsory labor on the wrong doer happened as a form of substitution of
fine in to compulsory labor. That means the crime offender could not pay the ordered fine by the

125
The Revised Oromia National Regional State Constitution, proc No 46 /2002 .Art.18 (3).
126
Id
127
Id
128
Id
129
Id

26
court as a punishment that court may change the fine punishment in to compulsory labor to the
extent of fine.130

The second imposition of compulsory labor happened as a form of conversion of Arrest in to

compulsory labor. Nevertheless, this substitution is not for all types of arrest, to be true the
conversion the crime should be petty offence or a crime lead to lesser imprisonment and
punishable with simple impressments for a period not more than 180 days, in addition when the
criminal not danger to the society and more productive to the country.131

For example: a famous England football player called Wayne Mark Roony punished by
compulsory labor due to his intoxication case and driving in illegal manner. In this case, if we
punished him with arrest, the country loses many things than Roony. Therefore, the conversion
of arrest in to compulsory labor has a great significance for our country.

The third possibility of punishment of compulsory labor is as a form of conversion of simple

imprisonment in to compulsory labor.132 Here the conversion is possible in case when the
execution of simple imprisonment difficult on the side of administrator or the punishment itself
has no value to correct the criminal. However to be effect the conversion the term of punishment
should be less than half a year.133

The fourth imposition of compulsory labor by the court is due to the act or behavior of the person
or in case of “dangerous vagrancy”. Unlike the previous three impositions of compulsory labor,
which are compulsory labor as a substitution fine, compulsory labor as a substitution of arrest
and compulsory labor as a substitution of simple imprisonment, this one is without substitution
that means the court can impose compulsory labor directly up on the criminal.134

This means if someone become idle or fools about without any kinds of health problem and
participates in immoral activity, which is hate by the society and the government believe, that

130
Supra note 61, Art. 96 Cum Art 753(1)
131
Ibid, Art. 103 (1)Cum Art 751(1)
132
Ibid, Art. 107
133
Ibid
134
Ibid ,Art.477

27
person is dangerous to the community as well for the country. According to Art.477criminal
code, the court has a power to impose compulsory labor on such individual. Since one of the aim
of our criminal code under Art.1 is prevention of crime.135

The fifth condition imposition of compulsory labor by the court is for mitigation purpose of
crime. Here the punishment is less than ten days of simple imprisonment. However, the
punishment must be to the extent of 10 days simple imprisonment. 136 Moreover, courts under
Art.766 (1) give order of compulsory labor for prisoners to the effect of crime mitigation but this
conversion possible if and only if the court believe the existence of good cause for mitigation. 137

The sixth condition of punishment compulsory labor by the court is as a substitution of simple
imprisonment in to compulsory labor.138

The other question to be discussed here: what is the solution, if the judgment debtor of
compulsory labor unwilling to obey his punishment?

The law under Art.104 of the criminal code of Ethiopia, provide a remedy

This remedy is restriction of personal freedom and the restriction can be keep on the guilty in a
particular work place, with a supervisor, with one institution, in his home without exit of his
home.139 From this statement, we can understand two types of compulsory labor decisions:

The first one is compulsory labor with regard to restricting personal freedom: this type of
penalty dependent on the limitation of private freedom of the individual or the court imposes a
barrier to the freedom of the criminal. Here the under Art.104 (2) Para (2) stated that :a
compulsory labor with a view to restricting personal freedom may find that the wrong doer may

135
Ibid, Art.1
136
Ibid, Art.
137
Ibid,Art.766(1)
138
Ibid, Art. 499(5)
139
Ibid, Art.104

28
be excluded from a particular place or employer, or by work place, or leaving a place of
residence, or by performing official duties on account of a government mandated stay.140

The second type of compulsory labor is a compulsory labor that does not restrict personal
freedom. Such compulsory labor is a type of compulsory labor that is not restricted to the control
of the perpetrator, who is not subject to the control and supervision of the employer. 141 Here the
burden proof rest on the criminal shoulder.

Having said more about the power of the court in relation to order of compulsory on the criminal
on the above discussion:

Here also the court has another power: that power is suspension of compulsory labor from the
criminal.

To this effect of suspension of compulsory labor, our criminal code provides two conditions:

The first condition is when the criminal incapable to perform his duty or order of compulsory
labor due to his economy level, family obligation, health problem or illness or for any other
justification.142However, when we say suspension the word suspension does not mean total
termination of obligation rather a suspension is a temporal removal of compulsory labor. at this
point if some conditions are fulfill which hinder the performance of compulsory labor the court
re order the punishment of compulsory labor.

For instance if someone is sick at the time of order of compulsory labor the court may stop the
punishment up until the criminal health recover and if it is possible the court may change the
types of compulsory in conformity with the health of the criminal.143

The second condition of compulsory labor related with the good behavior of the criminal and
record of crime.

140
Ibid, 179 (f)
141
Ibid,Art.103
142
Ibid,Art.97
143
Ibid, Art.105

29
That means if the court believe that the criminal conduct is not dangerous and the criminal has
no previous crime record, the court may give probation period for the criminal and for this period
the wrongdoer show good behavior as the law demands and not dangerous criminal, the court
make him free from his crime.144Since the very purpose of punishment under the criminal code is
not to revenge the wrong, dower rather to rehabilitative the criminal, so no need to punish the
criminal if he not dangerous and can learn easily from his mistake.

The other point to be discussing here under the criminal code in relation to compulsory labor is
power of the court.

Those powers of the court are:

Determining how long the wrongdoer must work the public service; 145At this point, the period of
compulsory labor stated under Art.103 (3) shows 1 day up to 180 days.146

Determining where the criminal should work his public service; that means the place where the
obligation performed.147

Determining the person with whom the criminal must operate under his control or determination
of supervisor;148

Determining the manner of performance, which means, whether the criminal will fulfill his
public service with a restriction of freedom or without a restriction of personal liberty?149

Determining the partition of payment, which means two-third of the work profit paying for the
labor force and the rest one-third work profit of the criminal remain for the government;150

144
Ibid, Art.191
145
Ibid, Art .103(1) Para 2
146
Ibid, Art. 103(3)
147
Ibid, Art.103(3)
148
Ibid, Art.103(3)
149
Ibid, Art.103(1)cum 104(1)
150
Ibid,Art.103(2)

30
Determining to whom the criminal should work his public service; here the criminal code under
Art.95 (para.1) stated as follow: the court order the compulsory labor” for the state or for any
public authority.”151

The other form of compulsory labor is when the prison order compulsory labor by himself,
without the order of compulsory labor.

This compulsory labor ordered incase when a criminal punishable with a restriction of personal
liberty, the prison add compulsory labor as a part of imprisonment. 152 However, this work must
do without affecting the health of the prisoner and as purpose of rehabilitating the prisoner.153

In addition, this form of compulsory labor also entitled payment for the criminal from his work
profit.154 However, under this form of compulsory labor payment of the work determined only
based on the guide of the prison not based on the criminal code provision.155

2.6.4. Labor proclamation

Our labor proclamation does not expressly prohibit compulsory labor. However based on the
reading of Art.67 (1) tries to prohibit compulsory labor and in exceptional circumstance include
a permissive clause.

In principle over-time, work is illegal however, if these two cumulative exceptions are, fulfill,
over time work will be lawful and those exceptions are;

If the employer has no option other than compelling the employee and the other one is where
there is an accident, threatened, unforeseen circumstance, urgent work and if the interruption of
work impossible due to the nature of work to replace another worker.156

151
Ibid,Art.95
152
Ibid, Art.111(1)
153
Ibid.
154
Ibid, Art.111(2)
155
Ibid.
156
Labor Proclamation No. 377/2003, Federal Negarit Gazeta 10th Year No. 12, Article 67(1)

31
2.6.5. Civil code
Here the civil code allow forced performance in case of non performance of the contract by the
seller under Art.2329 of the civil code of Ethiopia and shall be read as follow.

“Where the thing has not been regularly delivered, the buyer may demand the forced
performance of the contract where it is of particular interest to him.”157However, these
provisions are not without restriction. The exception stipulated under Art.2330

“The buyer may not demand the forced performance of the contract where the sale relates to a
thing in respect of which a purchase in replacement conforms to commercial practice or such
purchase can be affected by him without inconvenience or considerable expense.” 158 That means
when there is possibility of substitution on the side of the buyer the seller cannot be compelled to
perform the contract. Another strengthens provision that, permit-forced performance isArt.1776
of the civil code and can read as follow.

“Specific performance of a contract shall not be ordered unless it is of special interest to the
party requiring it and the contract can be enforced without affecting the personal liberty of the
debtor.”159

At this point, the order should not be affect the personal liberty of the debtor and the creditor
should have special interest on thing or should be option less.

2.6.6. Criminal procedure code

In relation to the implementation of compulsory labor the court has a duty to give summon to the
criminal in addition the criminal has a right to defend him-self prior to judgment. To exemplify
the above-mentioned fact let us cite a provision for discussion from the criminal procedure code
of the Federal Democratic Republic of Ethiopia, the code, under Art. 169(3) stipulate that.

157
Civil Code of the Empire of Ethiopia Proclamation No.165 of 1960. Federal Negarit Gazeta 19th year,No.2, 1960,
Art.2329
158
Ibid. Art. 2330
159
Ibid.Art.1776

32
“Where the court intends to impose a sentence of compulsory labor, it shall summon the accused
to appear and shall give the accused an opportunity to defend him-self before sentence is
passed.”160

2.6.7. Regulations on the treatment of federal prisoners

This regulation dose not say anything in relation to court order whether necessary or not to pass a
decision on prisoners to do compulsory labor unlike the FDRE constitution which stated under
Art 18(4) (a) court order is a mandatory. Nevertheless, this regulation under Art 31(1) (a-d)
merely mentioned those prisoners who are not subject to compulsory work those are:

a) Persons under capital punishment; this means persons who are not under death sentence are
subject to compulsory labor.161

b) Woman prisoners after the 6th month of their pregnancy and until two months after their
delivery; that means pregnancy woman before six month and after two months of childbirth are
subject to compulsory labor.162

c) Male prisoners above the age of 60 and female prisoners above the age of 50;163 and

d) Persons arrested upon judicial remand.164

Therefore, the message of aforementioned stipulation all prisoners are subject to compulsory
labor except those persons listed on Art 31(1) (a-d) of the Regulations on the treatment of federal
prisoners.

Bearing that in mind, Art.32 (1) (a) and (b) of the same regulation further provides that the
conditions to be fulfilled for the implementation of compulsory labor on prisoners those

160
The Criminal Procedure Code Proclamation1961. Proc No 185 Federal Neg. Gaz.7Year No 21 th.1961, Art.169
(3),
161
Treatment of Federal Prisoners Council of Ministers Regulations No. 138Federal Negarit Gazeta 47 Year 13th
2007 Art.31 (1),

138/ 2007
162
Id
163
Id
164
.id

33
conditions are when the work suitable for the supervision of the prisoners. That means when the
nature of work is inconvenient for the supervision of prisoners compulsory labor may not advise
and if the prisoners are in good conditions of health. This means prisoners those who are sick are
not subject to compulsory labor.165

2.6.8. Oromiya national state prisoners Guide regulation number---1991---

As every government institutions do, in Asella Prison, the detention center has a guide in order to
regulate the internal aspect of the prison as well as the prisoners’ conduct.

Here the prisoners guide under Art.24 (3) articulate the obligation of the prisoners

Based on this provision, the duty of the prisoners is the obligation to participate in the prison
developmental work.166

That means prisoners under the detention have a duty to engage in various prison activities.

Someone may ask the types of activity. The guide has no answer for such kinds of question.

In relation to the assessment of the compulsory labor penalty the prisoners guide divides in to
two parts, those are determination of punishment in case of simple disciplinary fault by the
prisoners and in case of grave disciplinary fault by the prisoners.

Determination of punishment in case of simple disciplinary fault by the prisoners

Art.48 (4) gives evidence.

Tired compulsory labor, not more than two days but it does not hurt the health of the prisoner.167

This provision indicate that tired compulsory labor not prohibited around the prison however for
simple disciplinary destruction, the work must be less than two days and the work must be not
dangerous for the life of the prisoners.

Determination of punishment in case of grave disciplinary fault by the prisoners

165
Id
166
Oromiya national state prisoners Guide regulation number---1991---Art.24(3)
167
Ibid,Art.48(4)

34
Art.49 (7) articulate.

Tiring and unpaid compulsory labor, not less than fifteen days, without harmful to health.168

According to Art 49(7) the elements of this provision is: the work must be sweaty, without
payment to the compelled work, the work period is not more than fifteen days and the work
should not be dangerous to the health of the prisoner.

168
Ibid,Art.49(7)

35
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.

The finding of this research revealed that the existence of gaps in our laws 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

36
compulsory labor punishment on criminals. In my belief this may be create implementation
problem and the absent such kinds of provision may lead to 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 compulsory
labor.

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

The government should establish an effective institution, which have a power to execute the
decisions of the court in relation to compulsory labor. You have to, because this 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.

37
The prison should follow court order to exercise compulsory labor rather than compelling
prisoners by themselves.

References

1. Internet sources
 International labor Rights forum, Forced labor back ground, available at:

https://www.laborrights.org/issues/forced-labor, last visited on November 29/2017

 International Labor Organization, Questions and answers on forced labor, available at:

http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_181922/lang--en/index.htm,
last visited on November 29/2017

 Forced labor and trafficking: a casebook of court decisions: a training manual for judges,
prosecutors and legal practitioners / International Labor Office. - Geneva: ILO,
2009,available at:

http://www.legislationline.org/download/action/download/id/2734/file/wcms.pdf, last visited on

November 28/2017

38
  Information platform humanrights.ch, Forced labor /Slavery, available at:

https://www.humanrights.ch/en/standards/legal-sources/forced-labour-slavery, last visited on

November 29/2017

 International Labor Organization (ILO) report, Forced labor is tolerated in many

countries, available at:

http://www.dw.com/en/forced-labor-is-tolerated-in-many-countries/a-17649609 last visited on

November 29/2017

 UN: Seek Justice for North Korean Forced Labor Victims, Panel Discussion in Geneva
on March 14 to Focus on Pyongyang Accountability, available at:

https://www.hrw.org/news/2016/03/11/un-seek-justice-north-korean-forced-labor-victims,last
visited on November 28/2017

 Opolot Okia, Forced Labor and colonial Development In Africa, available at:

http://www.bookmetrix.com/detail/chapter/af3ed7f5-72ff-459f-ba36-0bcc391194ca, last visited

on November 28/2017

 "Ethiopia". Trafficking in Persons Report 2010, U.S. Department of State (June 14,
2010). This article incorporates text from this source, which is in the public domain,
available at: https://en.wikipedia.org/wiki/Human_trafficking_in_Ethiopia, last visited on
November 28/2017
 “Because I am Oromo: sweeping repression in the Oromia Region of Ethiopia. Amnesty
International, London, October 2014. P.19.available at:

http://unpo.org/downloads/1423.pdf, last visited on November 28/2017

 Ethiopia – Government, The elimination of all forms of forced or compulsory labor,

available at:

http://www.ilo.org/public/english/standards/relm/gb/docs/gb277/pdf/d2-elim.pdf.p.195,last
visited on November 28/2017

39
  Country Reports on Human Rights Practices for 2016,United States Department of State
Bureau of Democracy, Human Rights and Labor, available at:
https://www.state.gov/documents/organization/265466.pdf.p.42, last visited on
November 28/2017
 The meanings of Forced Labor - International Labor Organization available at:
 http://www.ilo.org/global/topics/forced-labour/news/WCMS_237569/lang--, last visited
on November 28/2017

5 Forced or Compulsory Labor | Monitoring International Labor ... available at:

https://www.nap.edu/read/10937/chapter/7, last visited on November 28/2017

 U.N. Office of the High Commissioner for Human Rights. (1991), Contemporary forms
of slavery. (Fact Sheet No. 14). Geneva: Author, available at:

http://www.unhchr.ch/html/menu6/2/fs14.htm June 25, 2003, last visited on November 28/2017

 International Labor Organization (ILO), Combating Forced Labor. A Handbook for

Employers & Business, 2015.available at:

https://www.globalreporting.org/standards/gri-standards-download-center/gri-409-forced-or-
compulsory-labor/, last visited on November 28/2017

2. Books
 Diana Lea, Oxford Advanced learner’s Dictionary (Eighth edition, 2010), p.584.
 Bryan A. Garner, Black’s law Dictionary 7thed, 1999, p.657.

3. Laws

3.1. Domestic legal instruments

 The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation
No.1/1995, Federal Negarit Gazeta, 1st Year, No.1, Article 18(4).
 The Revised Oromia National Regional State Constitution, proc No 46 /2002 .Art.18 (3).
 Labor Proclamation No. 377/2003, Federal Negarit Gazeta 10th Year No. 12, Article
67(1)

40
 Civil Code of the Empire of Ethiopia Proclamation No.165 of 1960. Federal Negarit
Gazeta 19th year, No.2, 1960, Art.2329
 The Criminal Procedure Code Proclamation1961. Proc No 185 Federal Neg. Gaz.7Year
No 21th.1961, Art.169 (3),
 Treatment of Federal Prisoners Council of Ministers Regulations No. 138Federal Negarit
Gazeta 47 Year 13th 2007 Art.31 (1),
 Oromiya national state prisoners Guide regulation number---1991---Art.24(3)
 The criminal code of the Federal Democratic Republic of Ethiopia 2004, Proclamation
No.414/2004 Art 95

3.2. International legal Instruments

 The Abolition of Forced Labor Convention, 1957, Adopted in: Geneva, 40th ILC session
25 Jun 1957and Entered into force: 17 Jan 1959,Art.1
 Convention concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labor, Adopted in Geneva, 87th ILC session ,17 Jun 1999 and
Entered into force: 19 Nov 2000, Art.3
 C029 - Forced Labor Convention, 1930 (No. 29), Convention concerning Forced or
Compulsory Labor, Adopted in Geneva, 14th ILC session 28 Jun 1930 and Entered into
force: 01 May 1932), Art.2 (1)
 International Covenant on Civil and Political Rights, Adopted and opened for signature,
ratification and accession by General Assembly resolution 2200A (XXI) of 16 December
1966, entry into force 23 March 1976, Article 8
 The International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families entered into force in July 2003.Art.11

4. Reports and other documents

 All General Surveys dating back to 1985 are available at www.ilo.org/ilolex. Cited in
Forced Labor and Human Trafficking Casebook of Court Decisions, p.12
 Abolition of forced labor, General Survey by the Committee of Experts on the
Application of Conventions and Recommendations, ILC, 65th Session, Geneva, 1979,
para. 20 [hereafter: Abolition of forced labor, General Survey of 1979.]. See also
Eradication of forced labor, General Survey of 2007, at para. 36. Cited in Forced Labor
and Human Trafficking Casebook of Court Decisions, p.12
41
 Abolition of forced labor, General Survey of 1979, op. cit., at para. 21; see also
Eradication of forced labor, General Survey of 2007, at para. 37. Cited in Forced Labor
and Human Trafficking Casebook of Court Decisions, p.12
 See ILO, Report of the Committee set up to examine the Article 24 representation
concerning Portugal, 1985, para. 97. Cited in Forced Labor and Human Trafficking
Casebook of Court Decisions, p.12
 ILO, Report of the Committee of Experts on the Application of Conventions and
Recommendations, Report III (Part 1A), International Labor Conference, 90th Session,
Geneva, 2002, p. 98. Cited in Forced Labor and Human Trafficking Casebook of Court
Decisions, p.12
 Individual Observation Concerning Peru, 87th Session, Geneva, 1999, para. 3 (noting that
certain forms of deceitful or violent recruitment of labor were forced labor). Cited in
Forced Labor and Human Trafficking Casebook of Court Decisions, p.13
 Abolition of forced labor, General Survey of 1979, op. cit., para. 68; Eradication of
forced labor, General Survey of 2007, at para. 40. Cited in Forced Labor and Human
Trafficking Casebook of Court Decisions, p.13
 Bales, K. 2002, July, International labor standards: Quality of information and measures
in progress in combating forced labor. Paper prepared for the National Research Council
Workshop on International Labor Standards: Quality of Information and Measures of
Progress. Washington, DC.
 International Labor Organization 2001b, Stopping forced labor, Global Report under the
Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work.
Geneva, International Labor Office.
 Individual Observation by the Committee of Experts on the Application of Conventions
and Recommendations concerning Convention No. 29, Forced Labor, Bangladesh, 86th
Session, Geneva,1998 (In this respect, the Committee observes that… each Member of
the ILO… undertakes to Suppress the use of forced or compulsory labor in all its forms
within the shortest possible period…Since the Convention, adopted in 1930, calls for the
suppression of forced labor within the shortest possible period, to invoke at the current
time (67 years after its adoption) that certain forms of forced or compulsory labor comply
with one of the requirements of this set of provisions, is to disregard the transitional

42
 function of these provisions and contradicts the spirit of the Convention.”).Cited in
Forced Labor and Human Trafficking Casebook of Court Decisions, p.10
 Eradication of forced labor, General Survey of 2007, at paras. 10 & 196. Cited in Forced
Labor and Human Trafficking Casebook of Court Decisions, p.10
 See Forced labor, General Survey by the Committee of Experts on the Application of
Conventions and Recommendations, ILC, 52nd Session, Geneva, 1968, para. 42
[hereafter: Forced labor, General Survey of 1968.]. See also Eradication of forced labor,
General Survey of 2007, at para. 11 (“Convention No. 105 does not constitute a revision
of Convention No. 29, but was designed to supplement it.”). Cited in Forced Labor and
Human Trafficking Casebook of Court Decisions, p.11
 ILO, Report of the Committee of Experts on the Application of Conventions and
Recommendations, Report III (Part 1A) International Labor Conference, 85th Session,
Geneva, 1998, para. 105. Cited in Forced Labor and Human Trafficking Casebook of
Court Decisions, p.11

5. Interviewees
 Interview with Mrs. Chaltu kebede, secretary of Asella prison, On 22 July 2009E.C
 Interview with Mr. Abdu Jemal, legal prisoner at Asella prison, on August 29, 2009 EC
 Interview with Mr. Abu Demise, legal prisoner at Asella prison. August 29, 2009 EC
 Interview with Mr. Abe kelil, legal prisoner at Asella prison. August 29, 2009 EC
 Interview with Mrs. Adanu Beshiro legal prisoner at Asella prison. August 29, 2009 EC
 Interview with Gebi Beriso public prosecutor at Asella courts. August 30, 2009 EC
 Interview with Mrs.Fatuma Abdurufe police at Asella prison. August 30, 2009 EC
 Interview with Mrs. Weynishet Mulatu, legal prisoner at Asella prison. August 29, 2009
EC
 Interview with Mr.Bezu Lemi Judge at Arssi Zone High court in Asella. August 28,2009
EC
 Interview with Mr.Muhamed Husen Judge at Arssi Zone High court in Asella. August 28,
2009 EC
 Interview with Sajin Tesfaye Fekede police at Asella prison. August 30, 2009 EC
 Interview with Mr., Musa Husen police at Asella prison. August 30, 2009 EC

43
  Interview with Miss. Mestawet Dereje, legal prisoner at Asella prison. August 29, 2009
EC
 Interview with Mr. Solomon Tefera Judge at Arssi Zone High court in Asella. August 28,
2009 EC
 Interview with Mr.Melese Wedajo public prosecutor at Asella courts. August 30, 2009
EC
 Interview with Sheleme Teresa, public prosecutor at Asella courts. August 30, 2009 EC
 Interview with Mr.Tefera Ketema police at Asella prison. August 30, 2009 EC

Annex
Interview guidelines
Interview guidelines to prisoners:

Name:

Sex:

Age:

Punishment:
When have you come to Asella prison?

How do you describe the prison life?

Is there compulsory labor in Asella prison?

Are you compelled to work?

In what manner do you compelled to work? Based on court order? Or another reason?

For what purpose do you compelled. As a punishment? Or other?

44
How long does the compulsory labor remain?

How many hours compelled to work per a day?

What types of work are you compelled to work on?

What measure taken upon you if you do not obeyed the order of compulsory labor?

What are the impacts on your health, physical and psychology because of compulsory labor?

Interview guidelines to officials:

Name:

Responsibility:

How do you implement compulsory labor on prisoners?

What types of compulsory labor executed by prisoners?

What measure will taken, if compulsory labor not obeyed by prisoners?

How do you interpret compulsory labor?

What are the purposes of compulsory labor in Asella prison?

How can implement in compliance with dignity of the prisoners?

What are the legal grounds for applying compulsory labor?

45
46