MIZAN TEPI UNIVERSITY

SCHOOL OF LAW
TITLE: THE IMPLEMENTATION OF
COMPULSORY LABOR UNDER THE ETHIOPIAN
criminal law: THE LAW AND PRACTICE IN
BONGA PRISON

EYOB GOSHEME
ID NO SLR/038/08

ADVISOR: MULUGETA.S

1
 TABLE OF CONTENT
Content page no
1.1 background of the study……………….. 1
1.2 Review Literature………………………………3

1.2 statement of problem………………….... 5

1.3 objectives of the
study…………………………………...... 6
1.3.1 General objective………………….. 6
1.3.2 Specific objectives………………….. 6
1.4 Research questions ……………………… 6
1.5 Significance of the study ………………. 6
1.6 Scope and limitations of the study…. 7
1.7 Research methodology……………………7
1.8 Ethical consideration…………………...8
1.9 organization of study……………………8

2
1.1 Back ground of the study
The concept of forced (compulsory) labor is broadly defined and it covers a wide range of
coercive labor practices, which occur in all types of economic and social activity all over the
world. Forced labor is defined as hard physical work that somebody is forced to do.1
In present day world forced or compulsory labor is being imposed for the purpose of
production or service and as a sanction or punishment. When we say as punishment, the court
may order the convicted criminal to do convicted work as punishment. For example if the
penalty is fine and person faille to pay, the court shall order the criminal to settle the fine by
doing work for the state or for any public authority.

The rule of compulsory labor is stipulated in different international, regional and

national laws. The 1930 UN convention of civil and political right (ICCPR), forced labor

convention and the international labor organization ( ILO) defined compulsory labor and

prohibited the implementation of forced labor, however this prohibition is not absolute, there

are exception at the time of punishment.as per article of 8(3)(b) of ICCPR and as per article

2(2) of ILO and forced labor convention, forced labor can be exercise for the purpose of

punishment. However the compulsory labor must be imposed by competent authority.

International Convention on Protection of the Rights of All Migrant Workers and Members
of their Families under Article 11(2) stated that “No migrant worker or member of his or her
family should be required to perform forced or compulsory labor.” any migrant worker or
member including his closest relative have a legal protection and cannot be compelled to do
any work without the free consent of migrant.

When we came to the regional legal instruments there are different adopted laws by
African union member. The adopted laws are the following, all 53 Africa union member
state have ratified the forced or compulsory Labor convection 1930(No 29),The abolition
of forced labor convention 1957(No 106) and the discrimination(Employment and
1
Diana Lea, oxford Advanced learner dictionary(eighth edition,2010),P.584
3
 occupation)convention 1958(No 111),52 countries have ratified the right to organize and
collective bargaining convention,1949(No 98);51 countries have ratified the equal
remuneration convention,1951(No 100) .on the above ratified documents all convention
prohibited forced or compulsory labor because that contradict with the international/
human right instrument. However exceptionally all adopted convention allows
compulsory labor imposed by the court or other competent authority for punishment
purpose.
When we come to (FDRE) constitution, article 41(1) and (2) of the constitution
guarantees every Ethiopia citizen the right to freely engage in economic activity and to pursue
a livelihood anywhere in the state territory. Art 18(3) of the same constitution provide that no
one shall be required to perform forced or compulsory labor and no one shall be compelled to
work without his consent1.however, article 18(4) (a) lay down an exception, which means
compulsory labor allowed for a person who is under detention in consequence of a lawful
order or, of a person during conditional release from such detention.
In the 2004 of criminal code according to Article 95, in default of payment of fine as
provided under Article 93&94, the court shall order the criminal to settle the fine by doing
work for the state or public authority. 2 In the process of court order, the court shall taking in to
account amount of the fine determine the period with which the fine to be settle. However the
period to be determined shall not exceed two years. There is also a circumstance of conversion
of fine in to compulsory labor in Article 96.This is implemented if the criminal is not able to
fulfill as required under Article 93-95.3 In our criminal code, compulsory labor service is
ordered by the court as punishment for crime. This means if someone violate the law a person
punished by compulsory labor like others kind of punishment as form of conversion of simple
imprisonment in to compulsory labor.2

1.2 Review Literature

In the describing forced labor scholars try to suggest certain interview they subjected to
forced labor during 14 episode of detention consequentially, they observe that money respondent

4
became sick as result of mal treatments ,poor diet, and forced labor, here of as they observe this
create of resulted breathless damage on the respondent22.

The data prepared in 2009 explained that for the seven continue month three detention in
second part of Jimma center jail had forced to wash officers cloth. On the research of Alemayehu
Gerum in 2010 stated that the accused at the second Arategna detention center, Dire Dawa east
harerge workers forced to render domestic service, the prisoners are also affected by inhuman
treatment like that beaten and tortured which prohibited by FDRE constitution and other
international legal instrument33.

Then the researcher will focus on the standard of prisoner protection by comparing the cited law
and the practical in the study area.

1.3 Statement of problem

The effect of compulsory labor is a worldwide problem. Especially in the developing

continent like Africa a number of populations have been affected by compulsory labor. The
situation in Ethiopia is not an exception, although courts are allowed to order compulsory labor
as form of punishment. However there is a gap between the practices and the law with regard to
the implementation of compulsory labor. as the law provide as per Article 95 conversion of fine
into labor this is implemented only at the time of default of payment of fine. After the order of
court the criminal person should have to be obeying his duty or penalty unless he is unable to do
that, At this juncture the court has the power to suspension of compulsory labor. The criminal
code provides condition in order to make suspension.

The first condition is when the criminal incapable to perform his duty of compulsory labor
due to his economy level, family obligation, health problem or illness or for any other
justification.at this point the court hinder the performance of compulsory labor then 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 until the criminal health recover and if it is
possible the court may change the type of compulsory with the health of the criminal. This is
provided under article of 105 of criminal code suspension of sentence during illness. However in
the practical activity those specified standards are not implemented, this rough will going to

2
Individual observation by Moges Shemeles on the implementation of compulsory labor,2009,
3
Research by Alemayehu Tesfaye in 2010,on practical analysis on prison center
5
create gap between the law and the practice. In Bonga prison center the problems is very high
because many prisoners compelled to work without their health protection with their illness. as
stated above the compulsory labor service order as punishment for crime. Therefore, this
research will target to analyze compulsory labor in Ethiopia legal system and its implementation
specifically in Bonga prison administration.

1.4 Objective
1.4.1General objectives
The main objective of research is analyzing the practical problems challenging the proper
implementation of compulsory labor in the Bonga prison administration.
1.4.2 Specific objectives
This study has the following Specific objectives
 To identify the gap between the law and the practice with regard to
implementation of compulsory labor in the study area.
 To suggest possible solution to the problem in the implementation of compulsory
labor in the study areas.
1.5 Research questions
 This research aims to answer the following questions:
 What are the legal frameworks which govern the compulsory labor?
 What are the gap in the law and practice in relation to the implementation of
compulsory labor in study area?
 What is the possible solution to the problem in relation to the implementation of
compulsory labor in the study area?.

1.6 Significance of the study

The research will have an important contribution for any reader to know the gap between
the law and the reality on the practice when exist in Mizan prison. In addition to this the
6
 research gives information for the prison administration organ in order to balance the law
with their activity and orders. The study also will serve as a tool in creating awareness in
the society and for those prisoners to know the legal result.

1.7 Scope and limitations of the study

The problem of compulsory is very serious and worldwide in nature; my study is limited
to discuss the law and the practice of compulsory labor in Bonga prison administration
because of the limitations among those limitations lack of sufficient multi motion source
regarding to such title and in order to do more investigation the national political
instability, the lack of sufficient budget and more investigation the national political
instability ,the lack of sufficient budget and the main challenge of the study is shortage of
time due to preparation for the national exit exam.

1.8 Research methodology

1.8.1 Research design

For the accomplishment of this study a qualitative research approach will be applied to
know the opinion, attitude and feeling of the prisoners and stake holders towards the
implementation of compulsory labor in Bonga prison.

1.8.2 Method of data collection

In General, both primary and secondary source of data’s will be analyzed. Primary
data will be collected from respondent through interview and personal observation.in such
moment oral interview is applied because to make questioner that is difficult to get better
response from the prisoner. In addition legislations related with subject matter will be used
as primary source, such as International convention, Regional laws, and National laws and
the South Nation Nationality and people’s prison administration regulation will be used.
Secondary data will be collected from internet and other related sources like book, report
papers, various related literatures and another research papers which is related with the issue
of study.

1.8.3 Interpretation and data analysis techniques

7
 The data analysis technique is qualitative, that is by gathering data through interview
(direct interview and phone interview) and by observation from the study area. Then the
respondent answer will interpret by narrative and descriptive method.

1.9 Ethical Consideration

To preserve and to take appropriate measures to any possible information during data
collection and interview process, the researcher will be abide by the ethical principle of
research and in particular, the important aspect of honoring the privacy of respondent.by
this case the researcher should follow the strict standard of the principle of voluntary
participation will be followed, the respondent will not be forced to participate in the
research. Generally the following ethical consideration will strictly be adhered to in the
conduct of the research

 The researcher will treat the research participant with respect and will not victimize
them in any way.
 The principle of voluntary participation will be followed where respondent will not
be enforced to participate in research.
 Any confidential information revealed by the respondent will not reveal.
 Honesty will professional colleagues and only information useful to the purpose of
the study will be revealed.

2.0 Organization of study

I arrange this research paper under chapters and it has four chapters. The proposal is the first
chapter of my paper and contain, back ground of the study, Review literature significances,
scope and limitation of the study in addition to statement of problem, objective, research
question and methodology.

In the second chapter I will discuss the historical development, definition and forms of
compulsory labor both at international and domestic laws. In the third chapter of my
research I will try to explain the practical of compulsory labor in Bonga prison institution
and the challenges its proper implementation. Lastly the fourth chapter of the study will
contain conclusion and recommendation.

8
References
1.laws
1.1domestic laws instruments

 The constitution of Federal Democratic Republic of Ethiopia, Proclamation

No.1/1995,Feredal Negarit Gazeta, article 18(3)&(4).
 Labor Proclamation No.377/2003,Federal Negarit Gazeta.12 article 67(1)
 Civil Code of Empire of Ethiopia Proclamation No.165 of 1960 Federal Negarit
Gazeta, article,2329.
 The Criminal Procedure Code Proclamation 1961.Proclamation 1961.Proc No, 185
Federal Negarit Gazeta article 169(3)
 The Criminal Code of Federal Democratic Republic of Ethiopia 2004,Proclamation
No 414/2004 article 95,104.
 The treatment of Federal prisoners council of ministers regulation No 138 Federal
Negarit Gazeta article 31(1)

1.2.international legal instrument

 The abolition of forced labor convention,1997,adoption in Geneva,40 th ILC

session 25 Jun 1957and entered force:17 Jun 1959,article 1
 International covenant on civil and political right,adopted,8 December
196,entery into force 23 March 1976,Article 8
 Convention concerning the prohibition and immediate action for the elimination
of the worst forms of child labor, adopted in Geneva,87 th C session,17 Jun 1999
and entered in to force 19 Nov 2000,Article 3
 The international convention on protection of right of all migrant workers and
members of their families entered in to force in July 2003.Article 11.

2.Books
1.Diana Lea, oxford advanced learner dictionary(8 edotion,2010),p.584.

9
3. internet source
.
1 international labor rights forum, forced labor back ground available as ;

https://www.labor rights .org/issues/forced labor

2.international labor organization(ILO)report,

https://www.dw.com/en/forced labor

3.forced or compulsory labor[monitoring international labor]available at;

https;//www.nap.edu.com

10