Cover page

ADDIS ABABA UNIVERSITY

COLLEGE OF LAW AND GOVERNANCE STUDIES
SCHOOL OF LAW
HUMAN RIGHTS LAW STREAM (LL.M.)
TERM PAPER ON:
“The Emergence of Industrial Parks and Human Rights Concerns in
Ethiopia”
BY SINGITAN ADERE
SUBMITTED TO: Mesenbet Assefa (PH.D. Asst. Professor)
MAY 23, 2020
Acknowledgements
First and foremost, I would like to express my honest thanks to my Professor, Dr. Mesenbet
Assefa, for assigning me to do this term paper for the course due to which I have been able to
explore plethora of legal and practical gaps in the subject-matter.
I would also like to express that the area has enabled me to discover plentiful researchable
subtopics which I will keep for later enquiries and examinations.

II
Table of Contents
Contents
Cover page....................................................................................................................................................I
Acknowledgements.....................................................................................................................................II
Table of Contents.......................................................................................................................................III
Introduction.................................................................................................................................................1
Chapter one: Overview of arguments “for” and “against” the Industrial Parks..........................................1
Chapter two: Obligations Toward Protecting Human Rights.......................................................................4
2.1. State Obligations..................................................................................................................................4
2.1.1. Home State Obligation......................................................................................................................4
2.1.2. Host State Obligation.........................................................................................................................6
2.2. Corporate Responsibilities....................................................................................................................7
Chapter three: The Industrial Parks and Human Rights Concerns in Ethiopia.............................................7
3.1. The Place of Labor rights in Industrial Parks.........................................................................................7
3.2. The Proliferation of IPs as the cause of Evictions................................................................................11
3.3. The Environmental Rights and IPs......................................................................................................13
3.4. Conclusion..........................................................................................................................................15
Bibliography...............................................................................................................................................16

III
Introduction
Though the expansion of Industrial Parks, with the view to creating employment opportunity,
generate hard currency and facilitate technology transfer is a recent phenomenon in Ethiopia,
human rights violations are equally rising in these Parks, owing to poor environmental and
labor conditions. This is particularly observed in the fact that workers work in unsafe
working conditions, with little or no provision of safety equipment. Furthermore, excessive
working hour, low wages, poor hygiene and absence of provision of health and education
service symbolizes the Industrial Parks. Moreover, the right to life and health of individuals
and communities working and living in the vicinity of the Parks is affected by the
environmental damage arising from the activities of the IPs.

Therefore, to assuage the hostile consequences of establishing and using Industrial Parks and
reap from its advantages, attention is required not to fall in the “race to the bottom” via lax labor
and environmental standards and “race to the top” while incentivizing the investment sector with
the view to attracting FDI. The success of the Industrial Parks should not also only be assessed
on the basis of whether it attracts foreign direct investment, increases export or foreign exchange
earnings but also on the basis of the contribution toward the achievement of general social and
economic objectives.

Chapter one: Overview of arguments “for” and “against” the Industrial

Parks.
The designation “Industrial Parks” is interchangeably used with the term “Special Economic
Zones”. In a similar vein, Such descriptions as Free Trade Zones, Export Processing Zones,
Economic Processing Zones, Trade and Cooperation Zones and so on are also employed to
refer to the same concept having the role of “ expanding and modernizing the host
economy through additional investment/capital formation, technology transfer and
employment generation.”1
1
Takayoshi Kusago
and Zafiris Tzannatos,
‘Export Processing
Zones: A Review in
need of Update’ (1998)
[Social Protection
Discussion Paper No.
9802] Available at
 These Industrial Parks or Export Processing Zones, which will alternatively be used for the
purpose of this term paper, are characterized to operate within the demarcated region of a
national territory and are the beneficiaries of differential treatment in investment conditions,
liberal regulatory environment and taxation.2

They could also be described as “industrial zones with special incentives set up to attract
foreign investors in which imported materials undergo some degree of processing before
being re-exported again.”3 In other words, it refers to the legal and policy environment where
export oriented foreign manufacturing industries are established to be incentivized in fiscal
and financial inducements.4

When it comes to the arguments “for” and “against” the Industrial Parks, Developing states,
stemming from “the comparative advantage of cheap labor” they have, calculatedly proffer
special incentives to attract foreign investors, allegedly to create employment opportunity,
earn foreign currency or as a transition to open market policy through the creation of Export
Processing Zones (EPZs)5

Consequently, the creation of “EPZs” or Industrial parks “IPs”, with lax labor laws or waiver of
their enforcement is a typical of this offer. 6 While these states consider these EPZs as a
“legitimate trade policy ”, labor rights activists see these EPZs as a brutal global phenomenon on
account of the human rights abuse in these Zones.7

The Industrial Parks promote employment, encourage foreign direct investment, generate export
revenue, encourage domestic entrepreneurs to engage in the production of goods for export,
facilitates skill and technology transfer.8 Poor labor conditions are however, the main problem. A
case in point here is female workers who face risks that will affect their well-being, owing to

<www2.itc.kansai-
u.ac.jp›pdf> Accessed
on, May, 17, 2020.

2
Ibid.
3
ILO, ‘Employment and Social Policy in Respect of Export Processing Zones’ (2003) 286 Session, third item on the
agenda, Available at <ilo.org> Accessed on, may 21, 2020.
4
Takayoshi Kusago and Zafiris Tzannatos, above (n) 1.
5
ILO, above (n) 3.
6
Ibid.
7
Ibid.
8
Olivier De Schutter, (Editor), Transnational Corporations and Human Rights (2006)

2
such factors as low level of education and lack of awareness of their rights, work in unsafe
working conditions and are mostly employed to low status jobs with low payment.9

Moreover, such indicators as absence of occupational safety measures,10 legal restrictions on

trade union rights,11 absence of workers’ organization, health, job insecurity and the
environmental impact of the Industrial Zones,12 all arising from the lax regulatory and
monitoring mechanisms before and during the operation symbolizes the EPZs.13 As regards the
lax labor laws, though business friendly laws are necessary, utmost care must be taken not to
disregard or abuse workers’ safety or labor rights.14

The potential pollution of air, water, soil and the consequent impact on human health should also
be considered.15 However, it is argued, though the legal and defacto restrictions to unionization is
true, those restrictions cannot irrefutably be attributed to the operation and establishment of EPZs
but to the general failure of domestic labor institutions.16

On the other hand, the major reason for states to use Industrial Parks is to create a free market
oasis. However, such liberalization effort has to be predicated upon the liberalization of the rest
of the economy.17 Though the Industrial Zones create job opportunity and generate foreign
currency to substitute import expenses and assist development funds, since the rest of the
economy is not liberalized, the Parks will have limited contributions to the macroeconomy.18

Moreover, encouraging Foreign Direct Investment (FDI) through the duty-free import
mechanism has the spillover effect on the local firms, as such potentially prevents them from

9
Xavier Cirera & Rajith W. D. Lakshman, ‘The impact of export processing zones on
employment, wages and labor conditions in developing countries: systematic review’ (2017)
[Journal of Development Effectiveness] DOI: 10.1080/19439342.2017.1309448 Accessed on,
May 18, 2020.
10
ILO, above (n) 3.

11
ibid
12
ibid

13
Dorsati Madani, ‘A Review of the Role and Impact of Export Processing Zones’ (1999) Available at <
www.researchgate.net › publication ›
23549144_A_Review_of_the_Role_and_Impact_of_Export_Processing_Zones.pdf> Accessed on, May 20, 2020.
14
Ibid.
15
Ibid.
16
Xavier Cirera & Rajith W. D. Lakshman, above (n) 9.
17
Dorsati Madani, above (n) 13.
18
Ibid.

3
emerging or else destroy them since it may be difficult for them to compete in such business
environment.19

The other human rights concern in these EPZs includes “hours of work, overtime and wages,
leave, provision of food and night transport, social security and the special needs of
women workers”.20 Owing to poor hygiene facilities and provision of safety equipment for the
proper handling of hazardous chemicals and wastes, moreover, workers face the risks of health
problems.21

In conclusion, to assuage the hostile consequences of establishing and using Industrial Parks and
reap from its advantages, attention is required not to fall in the “race to the bottom” via lax labor
and environmental standards and “race to the top” while incentivizing the investment sector with
the view to attracting FDI.22 The success of the Industrial Parks should not therefore, only be
assessed on the basis of whether it attracts foreign direct investment, increases export or foreign
exchange earnings but also on the basis of the contribution toward the achievement of general
social and economic objectives.23

Chapter two: Obligations Toward Protecting Human Rights

2.1. State Obligations
2.1.1. Home State Obligation
Albeit through their actions or omissions, Home States contribute to human rights violations
to occur by the Transnational Companies in the host States in which situation the Home State
responsibility for the violations of human rights arises. 24 Such actions or inactions could
either be negotiation or ratifying the Bilateral Investment Treaties between the States, for
favorable treatment of the corporations, due to which Host States are unable to control and
regulate the activities of such corporations.25

19
Ibid.
20
ILO, above (n) 3.
21
Ibid.
22
Ibid.
23
Ibid.
24
Robert McCorquodale and Penelope Simons, ‘Responsibility Beyond Borders: State Responsibility for
Extraterritorial Violations by Corporations of International Human Rights Law’ (2007) [The Modern Law Review]
Vol. 70, No. 4, < www.ssrn.com › abstract=998664> Accessed on, may 14, 2020.
25
Ibid.

4
 Bearing in mind that as per article 55 and 56 of the United Nations Charter, all States have an
international human rights obligations, separately and jointly, to give effect to the rights
recognized under the ICESCR, for example, States shall comply with this obligation to
respect the enjoyment of the rights in other countries by preventing third parties from
violating human rights if those third parties exercise governmental authorities, 26 operate
under their instructions or direction .27

In this regard, as article 12 (2) (B) of the ICESCR provides the right to healthy natural and
work environment, Home States shall regulate the operation of the TNCs, such as by
formulating mechanisms, to take occupational safety measures such as provision of adequate
safe and potable water, sanitation services, prevention of workers and the population from
being exposed to harmful substances and other detrimental environmental conditions
affecting human health.

As to the hazardous wastes from the Industrial Zones, Home States have the obligation to
prevent third parties from polluting the water which will finally affect human health. 28 Added
to this, as per article 2 (1) and 11 (1) of the ICESCR, State parties are required to take
measures separately or jointly to achieve the full realization of the right to water and refrain
from engaging in actions that will directly or indirectly disrupt the full enjoyment of this
right. For example, they are required to prevent the extraterritorial operation of their
companies from violating the right to water of individuals and communities in other
countries.29 States should also take in to account the right to water of the other contracting
parties while concluding international agreements to ensure that such agreements do not
impact upon this right.30

26
ibid
27
UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 14: The Right to the
Highest Attainable Standard of Health (Art. 12 of the Covenant), para, 11 August 2000, E/C.12/2000/4, available at:
https://www.refworld.org/docid/4538838d0.html [accessed 21 May 2020]  
28
UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 15: The Right to
Water (Arts. 11 and 12 of the Covenant), 20 January 2003, E/C.12/2002/11, para, 30 and 33, available at:
https://www.refworld.org/docid/4538838d11.html [accessed 21 May 2020]  
29
ibid
30
Ibid, para, 35.

5
2.1.2. Host State Obligation
Host States have the primary responsibility of regulating and monitoring the industrial
activities of Transnational Companies operating within their jurisdiction, such as by
receiving reports on human rights situation, so as to ensure these entities (usually
transnational companies) do not engage in activities that would adversely impact upon the
realization of human rights. The States shall enforce laws that require business enterprises to
respect human rights and provide guidance on how to respect them.31

Having in mind that Host States of the Export Processing Zones (Industrial Parks) grant host
of special incentives which potentially impinge on the protection of human rights, such States
shall take legislative and administrative measures to regulate and monitor the operation of
those Parks with the view to making them comply with the safety, environmental, labor and
human rights standards in general. States may, for instance, impose a variety of sanctions on
companies violating their duties that range from mere publication of a list of companies not
respectful with the appropriate standards, to loss of particular benefits” such as tax holidays
or other incentives.32

In this regard, [T]he obligation to protect requires State, to take all necessary measures to
safeguard persons within their jurisdiction from infringements of the right to health,
favorable working conditions, environmental rights, the right to form and join trade union
and collective bargaining by the industrial Parks. Failure to regulate the activities of
individuals, groups or corporations so as to prevent them from violating the rights stated
above boils down to violation of its obligation.33

Therefore, State must prevent the human rights abuses to be perpetrated by business
enterprises within their power, by taking appropriate steps to prevent, investigate, punish and
redress such abuse through effective policies, legislation, regulations and adjudication.

31
UN Human Rights Council, Protect, respect and remedy : a framework for business and human rights : report of
the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations
and Other Business Enterprises, (hereafter Guiding Principles on Business and Human Rights), John Ruggie, 7 April
2008, A/HRC/8/5, para, 3, available at: https://www.refworld.org/docid/484d2d5f2.html [accessed 21 May 2020]
32
Miguel Juan Taboada, Jesus Kampo and Patricia Perez, ‘The Accountability of Multinational Corporations for
Human Rights Violations’ Available at <dialnet.unirioja.es › descarga › articulo.pdf> Accessed on, may 16, 2020.
33
Guiding Principles on Business and Human Rights, above (n) 31 , para, 1.

6
2.2. Corporate Responsibilities
It is a fact proved beyond reasonable doubt that Corporations either facilitate, endorse or
aid the violations of human rights. governments also disregard victims of human rights
abuses due to economic reasons. This has then left the victims without effective legal
remedy.34 Moreover, the fact that the TNCs escape the regulatory mechanism of the State
where they operate by moving to places where favorable terms could be offered
exacerbates the above conundrum.35
the corporations could, however, formulate codes of conduct by which they ensure the
observance and promotion of human rights, such as by creating healthy working
conditions, introducing adequate remuneration, distancing themselves from interfering
with the freedom of association and abolition of child labor and discrimination. 36 Added
to this, Companies may ensure the observance of and assist in the implementation of
human rights by voluntarily committing themselves to comply with such internationally
agreed principles and instruments as OECD guidelines for multinational enterprises, the
ILO tripartite declaration concerning multinational enterprises and social policy and the
Global Compact.37
The Corporations, regardless of their location, size, ownership and place of operation,
should also refrain from being the cause for, or contributing to activities that would
adversely affect the respect for human rights and even more, redress or at least mitigate
the consequences of such activities.38 To discharge this responsibilities, they have to put
in place policies and guidelines fitting to their circumstances, size and operation.39

Chapter three: The Industrial Parks and Human Rights Concerns in

Ethiopia
3.1. The Place of Labor rights in Industrial Parks
Industrial Parks, or Special Economic Zones (SEZs) which are now at the forefront of
Ethiopian development agenda, contributes to economic development through technology

34
Miguel Juan Taboada, Jesus Kampo and Patricia Perez, above (n) 32.
35
Ibid.
36
Ibid.
37
Ibid.
38
Guiding Principles on Business and Human Rights, above (n) 31, para, 13.
39
Ibid, para, 15.

7
 transfer and structural transformation and brings about socioeconomic equality. 40 However,
these economic advantages of establishing Economic Zones should follow the spirit of the
Constitution and mainstream human rights discourse to come to reality.
Because under the FDRE Constitution, development is understood from a human rights point
of view. The realization of the human rights and development is the main objective of the
Constitution.41 It recognizes human rights as being instrumental to development. 42 Because,
the preamble of the Constitution indicates that the economic and social development of the
Ethiopian people is based on the full and free exercise of the rights of nations, nationalities
and peoples.43
The Constitution also articulates that the fulfillment of this objective requires full respect of
individual and people's fundamental freedoms and rights, to live together on the basis of
equality and without any sexual, religious or cultural discrimination.44
Put simply, the Constitution requires the developmental activities to comply with the human
rights protection. This is also evident from article 43 (2) which stipulates the need for
consultation with the community in the policies and projects of development affecting their
interests.45 What can be appreciated from this article is that human rights and development
are complementary to each other.
Coming to IPs, Currently in Ethiopia, there are around 22 Industrial Parks at various phases
of establishment and located in various parts of the country which have created employment
opportunity for over 70,000 people.46 This fact gave rise to sea of human rights concerns in
these Parks which originates from the most common poor labor conditions in these Parks,
which is exacerbated by labor-intensive character of the Industrial Parks.

For example, the occupational safety measures and health conditions in the Export
Processing Zones are detrimental to health conditions of the workers. This is evidently
shown in the garment industries where workers are more exposed to dangerous
substances. Therefore, bearing in mind that most of the Industrial Parks in Ethiopia are
garment manufacturers, workers in these Parks are most likely susceptible to
occupational hazards.47 Added to this, contrary to the eight hour work per day, the
40
Fei, Ding, ‘Work, Employment, and Training Through Africa-China Cooperation Zones: Evidence from the
Eastern Industrial Zone in Ethiopia’ (2018) China Africa Research Initiative, School of Advanced International
Studies, 2018/19, Available at http://www.sais-cari.org/publications. accessed on May 14, 2020.
41
FDRE Constitution, 1995, Preamble, FDRE Constitution, Proclamation No. 1/1995, Fed. Neg. Gaz. Year 1, No. 1.
42
ibid
43
Ibid.
44
Ibid.
45
Ibid, article 43 (2)
46
African Business partners, List of Industrial Parks in Ethiopia, Available at
<africanbusinesspartner.com> Accessed on, may 15, 2020.
47
Fei, Ding., above (n) 40.

8
 excessive working hour is rampant in EPZs. In Eastern Industrial Zone for example,
workers are forced to work up to fifteen hours per day and seven days a week, 48 which is
against the eight hours per day standard provided in the labor proclamation.
regarding fulfilling basic needs of workers, Ethiopia has to learn from the experience of
other countries in ensuring health and safety standards in the industrial parks, revising the
labor law, with special emphasis on minimum wage, and need to work to eliminating
Violation of social standards such as forced labor, child labor and harassment.49
Though Ethiopian laws including the Constitution and other international human rights
instruments ratified prohibit child labor, children as old as seven years work under the
condition of forced labor in handwoven textile industries. 50 These children are most
usually victims of child trafficking, against its prohibitions in CRC, ACRWC and the
Constitution.51 Even worse, the children have nowhere to sleep, are not provided with
adequate food and are even subject to physical abuses.52
Furthermore, most developing States proffer such special incentives as derogation of
minimum wage in the Export Processing Zones to attract foreign direct investment. 53 In
Ethiopia, too, the purpose of the House of Representatives to shy away, in the face of the
Committee on Economic, Social and Cultural rights concern in this regard, from setting
minimum wage in the new labor proclamation seems to indicate the same intent.

In keeping with this, low payment of workers is the top challenge in the industrial parks. In
Eastern Industry Zone, for instance, the payment ranges from 1200 to 2200 ETB. 54 Added to this,
workers in Industrial Parks raise demands of higher pay and favorable working conditions. 55
They expressed their concern in relation to subjective bonus, operational safety and health,
overtime pay, few sick and annual leave.56 This indicates that unfavorable labor conditions are
rampant in the Industrial Parks.

48
Ibid.
49
‘Workshop on Corporate Social Responsibility and Environmental Management Systems’ (2018) available at
<www.sus-a.com›Ethiopia_CSR-EMS-Workshop_Report.pdf> accessed may 11 2020.
50
Giovanni Beatrice etals, ‘Sourcing Textile and Garments in Ethiopia’ (2019) Available at < www.dieh.dk › dyn ›
resources › Rightboxes › file.pdf> Accessed on may 17, 2020.
51
Ibid.
52
Ibid.
53
Xavier Cirera & Rajith W. D. Lakshman, above (n) 9.
54
Fei, Ding., above (n) 40.
55
Berhane Hailemariam, (2018) Labor Strike Rocks Bole-Lemi Industrial Park, Addis Fortune, [online] Available
at< addisfortune.net › articles › labour-strike-rocks-bole-lemi-industrial-parks-html> Accessed on may 20, 2020.
56
Ibid.

9
In the Hawassa Industrial Park, similarly, workers are paid one of the lowest wages in the World
that will not cover their living expenses.57 The hygiene facilities in this Park is also inadequate
since the water has high fluoride content dangerous to human health. 58 According to the 2016
ILO study, however, regarding the wages, concluded that 3500 ETB as the minimum living
standard.59

On the other hand, the practical restriction, if not legal, of the labor inspectors has
secluded these Parks from recurring supervision to oversee the human rights situations.
Moreover, the governmental authority tasked with the administrative function of Parks,
(The Industrial Parks Development Corporation) in our case, is mainly composed of
representatives from trade and commerce professional background and not officials from
labor authorities, which has accordingly contributed to the weak labor law enforcement in
these Parks.60
This is specially observed in the enforcement of occupational safety standards, as the
workers are not provided with or wear protective equipment 61 Moreover, even in factories
where there is loud noise, the workers do not wear ear protection 62 Ethiopia also has labor
inspectors below the minimum standard required by the ILO.63
Another practical restriction to labor standards in these Industrial Parks emanates from
the fact that the task of hiring workers to the Parks is outsourced to Employment
Agencies, and this has hindered the workers right to freedom of association including the
right to collective bargaining, to organize and the right to strike. These labor conditions in
these Parks disprove the official belief that the emergence of Industrial Parks has created
jobs and improved the living standards of their workers.
In addition, Ethiopian private industries are known for systematic violation of labor rights
in general and union rights in particular. 64 Both the government and the companies are
observed systematically curtailing and creating continuous threats to the workers
57
Noel Minwagaw, Low Wages Cast Shadow on Industrial Parks, (2019) vol. 20, No. 995, [online] available at <
addisfortune.news › low-wages-cast-shadow-on-industrial-parks-html> Accessed on May 18, 2020.
58
Ibid.
59
Giovanni Beatrice, above (n) 50.
60
Hailemariam Taklagiorgis, ‘Foreign Direct Investment and Human Rights Condition in Ethiopia: A Case Study of
Addis Ababa’ (2019) Available at < etd.aau.edu.et › handle> Accessed on may 19, 2020.
61
Giovanni Beatrice, above (n) 50, 67.
62
Ibid.
63
Ibid.
64
Hailemariam Taklagiorgis, above (n) 60

10
 representation.65 As the female workers constitute the majority of the workers in the
factories, discrimination on the basis of gender is rampant in ensuring equal pay for equal
work.66
In Ethiopia, the garment manufacturing industries are characterized by such poor labor
conditions as absence of leave, pregnancy discrimination, verbal abuses by the
supervisors, forced and unpaid overtime jobs and job insecurity. 67 being mindful of the
prevalent garment manufacturing industries in the Industrial Parks, this gives the
impression that there is poor labor conditions in the IPs also.
The overall takeaway from the violations of labor rights and standards in Industrial Parks
is that the labor conditions, have the effect of not only impairing or nullifying the full
exercise and enjoyment of labor rights recognized under such national laws as the FDRE
Constitution, the ILO Declaration on Fundamental Principles and Rights at Work, labor
proclamation and other international human rights instruments, but also other rights
guaranteed under the ICCPR, ICESCR, CEDAW, ACHPR and many other regional or
international instruments.
This is evident from the discourse of the right to development, that dictates the
interdependence and indivisibility of all categories of rights and which abandoned the
view of promoting certain set of rights against other 68 and conveyed the message that “All
rights are to be fulfilled, and the violation of any one is as offensive as that of any
other.”69

3.2. The Proliferation of IPs as the cause of Evictions

Stemming from the fact that Foreign Direct Investment in general and the EPZs (IPs) in
particular, to be established, need large-scale land,70 the displacement of the local people
from their ancestral land or house is inevitable leading to the loss of the means for their
livelihood and homelessness which amounts to the violation of such right as freedom

65
Ibid.
66
Ibid.
67
Giovanni Beatrice, above (n) 50, 61.
68
Arjun Sengupta, ‘Realizing the Right to Development’ (2002) vol. 31, issue 3, Available at
<onlinelibrary.wiley.com › doi › abs> Accessed may 13, 2020.
69
Ibid.
70
Fei, Ding., above (n) 40.

11
 from forced eviction,71 the right to housing, food and adequate standard of living 72 in
general. the fact that the displaced people are not paid adequate compensation or not
provided with substitute land in replacement exacerbates the situation.73
A typical instance for this is Addis Ababa, which currently holds two Industrial Parks, (the
Bole-Lemi I and II and Kilinto Industrial Park), due to which 346 and 221 households
have been evicted respectively. The local people who due to the expropriation lost their
land were exposed to economic insecurity and housing problem as both their livelihood
and residence were based on the same.74 The evictees were relocated to other sites where
basic facilities such as water were not available and without compensation which created
the housing problem.75
However, the State shall have obligation to seek feasible alternatives, in consultation with
the victims, so that the eviction is “carried out in strict compliance with the relevant
provisions of international human rights law and in accordance with general principles of
reasonableness and proportionality.” Added to this, the State shall prepare alternative
productive land so as to make sure the eviction would not render the right holders
homeless or violate such other rights as the right to food. During the preparation of land
for the Bole-Lemi I and II and Kilinto Industrial Park however, victims were forced to
vacate the land and their residence by police force which amounts to forced eviction.76
The UN basic principles and guidelines on development eviction and displacement
under its para 16, moreover, states that, “all persons, groups or communities have the
right to resettlement including the right to alternative land with a better quality and
accessibility, affordability, habitability, security of tenure, cultural adequacy, suitability
of location, and access to essential services including health and education.” This
obliges the States engaged in large-scale industrial projects such as Industrial Parks to

71
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations,
Treaty Series, vol. 999, p. 171, article 17, available at: https://www.refworld.org/docid/3ae6b3aa0.html [accessed 22
May 2020]  
72
UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December
1966, United Nations, Treaty Series, vol. 993, p. 3, article 11, available at:
https://www.refworld.org/docid/3ae6b36c0.html [accessed 22 May 2020]  
73
Hailemariam Taklagiorgis, above (n) 60.
74
Ibid.
75
Ibid.
76
Ibid.

12
 make the human rights impact assessment of these projects and work toward mitigating
the miseries arising in conjunction with those undertakings.
However, due to the wide-ranging land grab for the needs of the Industrial Parks, holders
are removed by the use of force without duly being compensated. 77 The evictees are most
usually pastoralists and farmers who lose their pasture or farmland, which is the means
for their livelihood. This then results in the loss of income of the farmers and pastoralists
who in despair move to urban centers in search for jobs.

3.3. The Environmental Rights and IPs

The FDRE Constitution under its article 44, article 24 of ACHPR, the right to health
provided under article 12 of the ICESCR and the composite right to life articulated under
article 6 of the ICCPR are some of the major legal instruments protecting the right to
clean and healthy environment. These provisions in one way or another, require States to
refrain from engaging in activities that would restrict or impair the full realization of this
right. More particularly, under its environmental objectives, article 92 of the FDRE
Constitution stipulates that the government shall ensure the right to live in a clean and
healthy environment, that the design or implementation of projects including the
Industrial Parks under consideration do not damage the environment and that the people
shall be consulted in those projects affecting them.78
Moreover, with the view to ensuring the observance of the objectives set under the
Constitution, the Environmental Protection Organs are established in accordance with
Proclamation No. 295/2002. The organ will have power to formulate policies and initiate
laws and ensure the implementation of the same. Added to this, it shall establish
mechanisms of environmental impact assessment of projects to control the substances
deleterious to human health.79 This indicates that the organ will have power to supervise
and review the environmental impact assessment of projects, including the Industrial
Parks, to ensure the respect for the right to clean an healthy environment of the people
enshrined in the Constitution and international human rights instruments ratified by
Ethiopia.

77
Giovanni Beatrice, above (n) 50.
78
FDRE Constitution, above (n) 40 article 92.
79
Environmental Protection Organs Establishment Proclamation, 2002, article 3, 4, 5 and 6, Environmental
Protection Organs Establishment Proclamation No. 295/2002, Fed Neg. Gaz. Year 9, No. 7.

13
 As regards the control of pollutions, the Environmental Pollution Control Proclamation
requires any person engaged in developmental activities to install sound technology
capable of avoiding or reducing the dangerous wastes, and when the waste is released to
the environment, clean or pay the cost of cleaning.80 The Proclamation also prescribes
standards of wastes to be disposed in the water, soil and air. 81 This makes it clear that the
Industrial Parks in Ethiopia shall comply with the above standards to realize the
environmental objectives prescribed in the Constitution.
Article 7 of the same proclamation provides that the Environmental Inspectors shall have
power to enter any premise or land without any prior notice or court order and collect
relevant facts and data to see if the enterprise is complying with the environmental
standards and, when it is found that the enterprise has engaged in an activity that causes
damage to the environment or human health, shall cause to be corrected.82

In addition, the States carry the responsibility of ensuring that the activities within their territory
or control do not cause damage to the environment, according to which the right to development
must be fulfilled cognizant of the developmental and environmental needs of both the present
and future generations.83 That is to say, the achievement and assessment of sustainable
development has to be based on integrating environmental protection to the development
process. The information about the industrial activities and the hazardous substances releasing
from them should also be widely available to the people so that they seek redress and
compensation in cases of violations of environmental rights.84
This being the major existing standards with regard to environmental protection, the CSR and
EMS report outlined that Lack of concern for the environment and environmental pollution is the
major concern, in the Industrial Parks, owing to weak enforcement of and poor compliance with
the environmental regulations. The workshop also identified problems relating to the poor
implementation of environmental standards in the Parks which among others includes, (absence
of environmental and social units in the industrial parks for implementation, support and
monitoring social and environmental aspects), which was the responsibility on the part of the
government.

80
Environmental Pollution Control Proclamation, 2002, article 3 and 4, Environmental Pollution Control
Proclamation No. 300/2002, Fed. Neg. Gaz. Year 9, No. 12.
81
Ibid, article 6.
82
Ibid, article 7.
83
UN Commission on Human Rights, Human rights and the environment., 9 March
1994, E/CN.4/RES/1994/65, available at: https://www.refworld.org/docid/3b00f0d528.html [accessed 17 May 2020]
84
Ibid,

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 Moreover, the report emphasized, the government lacks adequate standards and operating
procedures for implementing the environmental regulations, coordination between
governmental authorities, skills and manpower and the fact that the government
prioritizes industrialization to environmental aspects has aggravated the weak
enforcement of environmental standards in these Industrial Parks. This tells us that it is
the investment inflow and employment creation that is celebrated and environmental
aspects and labor conditions are set aside.
However, with the expansion of Industrial Parks, in Ethiopia, concerns are rising with
regard to the emission and loss of biodiversity. This is indicative of the fact that the
expansion of Industrial Parks needs to take in to account the sustainability of nature, in
consultation of local community where these Parks are being constructed.85 The textile
and garment manufacturing industries do not comply with the environmental regulation
and discharge pollutants to the soil and water sources.86
The consequent water and soil pollution then causes damage to the food sources of the
local community. Because, the polluted water, which is used for both human and animal
consumption jeopardizes human right to health and life in general. Added to this, the
absence of underdeveloped technology of solid waste management, coupled with the
unsafe disposal, is also causing environmental damage which adversely affects the right
to live in clean and healthy environment.87

3.4. Conclusion
Currently in Ethiopia, there is rapid expansion of Industrial Parks. However, concerns are
rising with the impact of these Parks on wages, working conditions, rights of association
and gender discrimination in the workplace. Conversely, these Parks are commended for
creating employment, generate hard currency and assist export development. The human
rights concerns of IPs is not limited to labor issues. Rather, owing to the large number of
workers in these Parks, the demand exceeds the availability of such facilities as water,
housing, education, health service. Moreover, the right to life and health of individuals

85
Yohannes Eneyew, Concerns Rising With Ethiopia’s Industrial Parks, (2017) Addis Fortune, [online] vol. 17,
issue 875, available at <addisfortune.net> Accessed on May 16, 2020.
86
Giovanni Beatrice, above (n) 50.
87
ibid

15
 and communities working and living in the vicinity of the Parks is affected by the
environmental damage arising from the activity of the IPs.

Therefore, to assuage the hostile consequences of establishing and using Industrial Parks and
reap from its advantages, attention is required not to fall in the “race to the bottom” via lax labor
and environmental standards and “race to the top” while incentivizing the investment sector with
the view to attracting FDI.88 The success of the Industrial Parks should not therefore, only be
assessed on the basis of whether it attracts foreign direct investment, increases export or foreign
exchange earnings but also on the basis of the contribution toward the achievement of general
social and economic objectives.

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General Comments
A) UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment
No. 14: The Right to the Highest Attainable Standard of Health (Art. 12 of the Covenant),
para, 11 August 2000, E/C.12/2000/4, available at:
https://www.refworld.org/docid/4538838d0.html 
B) UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment
No. 15: The Right to Water (Arts. 11 and 12 of the Covenant), 20 January
2003, E/C.12/2002/11, para, 30 and 33, available at:
https://www.refworld.org/docid/4538838d11.html
Laws and principles
1. FDRE Constitution
2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
4. Environmental Protection Organs Establishment Proclamation No. 295/2002.
5. Environmental Pollution Control Proclamation No. 300/2002.
6. UN Human Rights Council, Protect, respect and remedy : a framework for business and
human rights : report of the Special Representative of the Secretary-General on the Issue

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 of Human Rights and Transnational Corporations and Other Business Enterprises,
(hereafter Guiding Principles on Business and Human Rights), John Ruggie, 7 April
2008, A/HRC/8/5, para, 3, available at: https://www.refworld.org/docid/484d2d5f2.html
7. Rio Declaration
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rocks-bole-lemi-industrial-parks-html>
Noel Minwagaw, Low Wages Cast Shadow on Industrial Parks, <www.addisfortune.net>

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