Date of publication:

09/10/2024

Ethiopia

Do domestic laws and policies prevent and respond to violence, abuse and exploitation of forcibly displaced and stateless children?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Domestic laws and policies in Ethiopia demonstrate a comprehensive approach to preventing, mitigating the risk of, and addressing violence, abuse, exploitation, or trafficking of children and refugee children in hosting areas.  Article 38(2) of the Refugees Proclamation explicitly ensures that recognized refugee and asylum-seeker children are entitled to rights and protections enshrined under relevant laws. Specific measures are outlined to protect them from abuse, neglect, exploitation, and trafficking. Moreover, Article 3(1) of the Prevention and Suppression of Trafficking in Persons Proclamation establishes severe penalties for individuals involved in various forms of trafficking, including exploitation of children. The penalties are heightened when the crime is committed against a child, considered an aggravating circumstance, as stipulated in Article 4(1(a)) of the same proclamation. This demonstrates a clear commitment to addressing trafficking of children by imposing harsher punishments on perpetrators.

Furthermore, article 597 of the criminal code specifically addresses the trafficking of minors for forced labor, outlining penalties of rigorous imprisonment and fines. Additionally, individuals involved in transporting or aiding such trafficking activities are also subject to severe penalties under the law. Lastly, article 24(1) (a) emphasizes the protection and treatment of victims, ensuring they receive necessary support and protection, taking into account their vulnerability and special needs, particularly focusing on women, children, individuals with mental health issues, and disabilities.Top of Form

 

    LAW & POLICY

    Related provisions of domestic law or policy

    Refugees Proclamation No.1110/2019

    Legal provision

    Article 38 - Special Protection to Persons with Specific Needs

    The Agency shall ensure that: 1/ recognized refugee and asylum-seeker women shall enjoy the rights and protections enshrined under relevant laws in particular, specific measures are taken to protect them from gender-based violence. 2/ recognized refugee and asylum-seeker children shall enjoy the rights and protections enshrined under relevant laws in particular; specific measures are taken to protect them from abuse, neglect, exploitation, and trafficking. 3/ special protection and assistance to other refugees and asylum-seekers with specific needs is provided commensurate with their needs.

    Prevention and Suppression of Trafficking in Persons and Smuggling of Persons, Proclamation No. 1178/2020

    Legal provision

    Article 4 1) a) - Punishment

    Where the crime stipulated under Article 3(1) of this Proclamation is committed: - a) against a child the punishment shall be rigorous imprisonment from Ten years to Twenty years and a fine from Thirty Thousand to One Hundred Thousand Birr.

    Article 24 1) a) Protection and Rehabilitation of Victims

    Victims shall:- a) receive the necessary protection and support; the protection and support accorded shall be in consideration of the victims situation, particularly shall take in to account the vulnerability and special needs of women, children, person with mental problem and disabilities.

    Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No. 414/2004

    Legal provision

    Article 597 - Trafficking in Women and Children

    (1) Whoever by violence, threat, deceit, fraud, kidnapping or by the giving of money or other advantage to the person having control over a woman or a child, recruits, receives, hides, transports, exports or imports a woman or a minor for the purpose of forced labour, is punishable with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand Birr. (2) Whoever knowingly carries off, or transports, whether by land, by sea or by air, the victim mentioned in sub-article (1), with the purpose stated therein, or conducts, or aids such traffic, is liable to the penalty prescribed under sub-article (1) above.