ADAMA SCIENCE AND TECHNOLOGY UNIVERSITY

SCHOOL OF HUMANITIES AND LAW

DEPARTMENT OF LAW

TITEL: PRISONERS RIGHT TO WORK IN EAST SHOA ZON EPRISON

ADMINISTRATION: THE LAW AND PRACTICE

BY DEREJE MISGIE
ADVISOR: AMAN SHUGE [LLB, LLM]

ASENIOR THESIS SUBMITTED TO ADAMA SCIENCE AND TECHNOLOGY

UNIVERSITY DEPARTMENT OF LAW, IN THE PARTIAL FULFILLMENT OF THE
REQUIREMENTS THE DEGREE OF BACHLEOR IN LAW (LLB)

DATE 2017

ADAMA ETHIOPI
 Table of Content

Declaration

Certification

Acronym

Acknowledgement

Abstract

CHAPTER ONE

Introduction

1.1. Background of the Study

1.2. Statement of the Problem

1.3. Objective of the Study

1.3.1. General Objective

1.3.2. Specific Objectives

1.4. Research Questions

1.5. Significance of the Study

1.6. Scope of the Study

1.7. The Research Methodology

1.8. Limitation of the Study

1.9. Organization of the Study

CHAPTER TWO

GENERAL OVERVIEW ON PRISONER RIGHT TO WORK

2.1. Introduction

2.2. Definition of Prisoner

2.3. International Laws on Prisoners right to work

2.4. Regional Laws on prisoner right to work

2.5. Domestic Laws on Prisoners’ right to work

2.5.1. The Federal Democratic Republic of Ethiopia Constitution on Prisoners’ right to work

2.5.2. The Criminal Code of the Federal Democratic Republic of Ethiopia

2.5.3. Treatment of Federal Prisoners Council of Minister Regulation No: 138/2007

2.5.4. Regulation on the Treatment of the Oromia National Regional State prisoners, Regulation,
No.48/1997

CHAPTER THREE

EXPERIENCE ON PRISONERS’ RIGHT IN EAST SHOA ZONE PRISON

3.1. Introduction

3.2. Experience on Payment of Appropriate Remuneration for their work

3.3. Experience on Safety Working Condition

3.4. Experience on Duration of Time

CHAPTER FOUR

CONCLUSION AND RECOMMENDATION

Conclusion

Recommendation

Bibliography

Annexes
Declaration

I declare that this title which I have submitted for award of degree of bachelor of law (LLB) is
my original research work carried the guidance of Mr.Amane Shuge Adama Science and
Technology University .ideas and expressions borrowed from other authors and materials are
duly acknowledged and properly cited. I further declared that this thesis wholly or in part has not
previously formed the basis for award of any degree, diploma or other similar title.

Declared By:
Name Dereje Misgie
Signature:
Date
 Certification
I hereby declare that this research is submitted by Dereje Misgie for LLB degree at Adama
Science and Technology University carried out under my guidance and supervision and in abona
fide work. The research has not been previously submitted to any other university for the award
of any degree, diploma or any other similar titles.

Name of Advisor:
Signature:
Date:
Abstract

The paper strongly emphasizes on the prisoners’ rights to work in prison administration in the
Oromia National Regional State particularly the prisoners’ rights to work in East Shoa Zone
Prison Administration. the aim of this research is to high light the challenges facing prisoners in
east Shoa zone prison in enjoying their rights, according to International law on Prisoners’
Rights, regional law, domestic laws such as the FDRE constitution criminal law, treatments of
federal prisoners council of minister regulation No. 138/2007, and treatments of oromia national
regional state prisoners, regulation No.48/1197. Thus, in order to identify the problems
concerning the prisoners’ right in the East Shoa Zone Prison Administration, deep interviews
and questioners were conducted with prisoners and with top officials of prison administration. In
doing so, the paper identified the problems concerning the right to remunerated to work,
working hour and the safety working conditions. The study derives from the principle that all
human right are inherent and apply to all human being including prisoners.
Acronyms /Abbreviation

ACHR African Charter on Human and Peoples Right

FDRE Federal Democratic Republic of Ethiopia
ICCPR International Covenant on Civil and Political Right
ICESCR International Covenant on Economic, Social Cultural Right
ILO International Labour Organization
LT Local Time
ONRS Oromia National Regional State
SMR Standard Minimum Rules for the Treatment of Prisoners
UN United Nation
 Acknowledgement
It’s now right time to extend my thanks and gratitude to those who have been with me
Throughout the duration of this work and cause it to assume the present structure.

The first of all praising and my endless indebtedness go to the ALMIGHTY GOD and
HIS MOTHER, ST.MARRY who endowed me with all the hopes, talents and strengths.
Secondly, my special appreciation and thanks also goes to my advisor Aman Shuge, who
Gave me remarkable and guiding comments for the successful accomplishment of this paper.
Thirdly, I would like to thank all my interviewees: the top administrators of the East Shoa Zone
Prison Administration and Prisoners for facilitating the conditions to conduct interviews with
their staffs as well as provided me regulations required for the research.
Fourthly, my heart full tanks to my friends for idea support.
Last but not least, I want to extend my gratefulness to my families who supported me morally
and financially throughout writing my thesis. Specially, brother Awek Misgie I would like to
owe his my sincere thanks for his uninterrupted moral and financial support.
 CHAPTER ONE

Introduction

1.1. Background of the Study

The situation of prisoners in most Africa countries includes; Ethiopia is very poor. Prisoners are
among the most vulnerable groups in society. This is because they are under the control of other
people. Most government policies and economic planning sector have not addressed the rights of
prisoners. It is true that nation should not be Judges by low it treats the most influential members
of society but he most at risk and vulnerable members.

One area of concern here is that the enjoyment of the right to work by convicted prisoners or
person awaiting trial while still in custody. Indeed the age old question in this area is whether
work done by prisoners should be remunerated 1. The work done by prisoners should be
remunerated as this is not only fulfilling international law obligation but it is also cost effective
to most states which have failed to fully provided for the basic necessities needed by prisoners. 2

The family and defendants of prisoners are the most affected by the fact of incarceration mainly
in cases where the prisoners have been the bread winner of the family. 3 The situation is more
serious where the prisoners do not have anything to pay to the families of those they have caused

1 International Labor organization(ILO),Forced Labor convention,C29,28 JUNE 1930,C29,availabilat

:http://WWW.refworld.org/docid/3ddb621f2a.htm(accssed 3 September 2016)

2 Report of the Special Rapporteur on prisons and conditions of Detention in Africa series Iv no.8.35 available
at :http://www.achpr.org.sessions/52nd/intersession–activity-report/prison-andcondtion-ofdetention(accessed
3september 2016)

3 Mschonteic, pretrial detention and human rights in Africa in Jsarkin [ed] Human right in Africa prison [2005]108 .
injury or financial loss. Human rights are those right that are inherent to the dignity or even
human being, include Prisoners.

Prisoners have rights just live other individuals, except those which are traced by virtue of the
judicial determination.4They are entitles to enjoy, at a level equal to other individuals, the right to
work and right to be protected from slavery and forced labor. This is because right to work is
abroad sense that includes right to choose a certain types of work and right not to do a certain
types of work provided by and ordered by others to do.

If someone is not free slavery he has no choice of a certain work to do or not to do. The only
choice to do that work even though you have no interest. If someone has right to work, he has
not compelled /forced to do a certain types of work unless his interest exists. Since human rights
are indivisible and equal, states should take all the necessary steps, including budget allocation to
promote the rights of prisoner. In similar vein and as mentioned above, prisoners like other
individual in society, are also entitled to among other base rights, the right to work that a state
must fulfill towards its citizens. That means states have a duty to ensure the work right to work
of prisoners by providing different types of work and also providing safe and healthy
environment. So it is better to create job opportunity for prisoners for their stay in the prison and
control its achievement.

The right to work is guaranteed in many international instruments but it is comprehensively dealt
with by the international covenant on economic, social and cultural right /ICESCR/ 5,art 6(1) of

4 Woods v Minister of Justice legal and parliamentary affairs and other, 1995, 15A 703 [zs].

5 International covenant on Economic, Social Cultural rights,16 December 1966, United Nation, Treaty
series,vol 993,p.3 available at:http://WWW.refworld.org/docid/3ae6b36co.htm(accessed 7 September
2016)
ICESCR guarantees the right of every one to the opportunity to gain his living by work which
he/she may freely chooses or accepts and calls upon states to take steps that include technical &
vocational guidance and training programmers, polices and techniques to achieve steady
economic, social and cultural development and full and productive employment under condition
safe guarding fundamental political and economic freedom to the individual 6. The individual
dimension of the right is further developed by art 7 of the ICESCR which recognizes the right to
just and favorable conditions of work which ensure remuneration which provides at workers as a
minimum with fair wages equal remuneration for work or equal value without distinction of any
kind.7

The remuneration should also provide workers with a decent living for themselves and their
families. General comment no.18 on the right to work defines work to be both self-employment
and wage dependent work. The right to work is a right that is to be progressively realized and it
is to be enjoyed without any discrimination based on race, color, sex, language, social origin or
any other status.8

Under Art 1(2) of international labor organization (ILO) convention number 122 to which
Ethiopia is a party, the member states are obliged to ensure that there is work for all who are
available for and seeking work including prisoners. 9The international labor convention No. 29
6 Id, article 6(2)

7 Id, article7(a)

8 The Universal declaration of human right, article 2,available at :http://.WWW.Un.org//en/Universal-declaration

human-right

9 International Labor Organization(ILO),Employment convention C122,09JUNE1964,c122,available

athttp://WWW.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::P12100-INSTRUMENT-ID:312267,
(accessed 7 September 2016)
and 105 and the ICCPRP prohibit forced or compulsion labor. 10 However, to varying extent, they
exempt from the definition of forced labor the work done by persons held in custody or detention
pursuant to a court order, therefore, the question on whether the exclusion of prison labor from
the definition or forced labor under international law should be waived has been burning issue
within the international community. To answer to this one can rely on ICO convention No. 182
on prohibition and immediate action for the elimination of the worst forms of child labor to
conclude that since this convention does not provide for any exception for children under
custody to exact prison labor. The understanding should be that those clauses under ILO
conventions on forced labor /convention No. 19 and 105 and ICCPR which exclude the prison
labor from forced labor, should be repealed once they reduce the prisoner in to conditions of
conditions of slave.11

This paper seeks to high light the challenges facing prisoners in east Shoa zone prison in
enjoying their rights, in particular the right to remunerated work and argues that prisons should
be adequate remember for the work done, the working conditions are fulfill and how much time
does the prisoner work.

The study derives from the principle that all human right are inherent and apply to all human
being including prisoners.

10 International Labor Organization(ILO),Forced Labor Convection,c29,28June1930,c29, available at

:http://WWW.org/dyn/normlex/en/f?p=NORMLEXPUB:12100-ILO-CODE:c029(accessed 3 September 2016)

11 International l Labor Organization(ILO),Worst Forms of Child Labor Convection,c18217Jun 1999,c182

available at :http://WWW.ilo org/dyn/normlex/en/f?
p=NORMLEXPUB:1000 :12100:0::No:12100:p121ooINSTRUMENT-ID:312327(accessed 3 September 2016)
1.2 Statement of the Problem

As provided under art 18(3) or the FDRE constitution and art 6(1) or ICESCR, everyone has the
right to work including prisoner. Further of or ICESCR recognizes the right to just and favorable
condition of work. And also art (8(3)) as or ICCPR and Art 6(1) or ICEICR provides that no one
shall be required to performer compulsory labor that means every one including prisoners has a
right to choose the type of work based on his/her ability without the interference of any other
external body. But exceptionally as per art 8(3) (b) or ICCPR and Art 18(4)(a) of FDRE
constitution as well as 4 or ICESCR, poisoners are under an obligation to do work and every
such obligation is an essential element of the sentence. In doing so a work shall be suitable to the
prisoners ‘ability’ and also a prisoner who has obligation to work be entitled to receive
compensation or remuneration. However in opposition to these prisoners right are violated and
they are obligated to work which is not suitable to their ability, they are also compelled to work
much time and paid inappropriate payment for their work especially in prison. As a result, do to
this brad problem, this paper is supposed to assess these issues.

1.3 Objective of the Study

1.3.1 General Objective

The general objective of this research is to show clearly for the public that prisons are not place
of physical punishment, that means peoples have right even after they are convicted.

1.3.2 Specific Objectives

 Within that general objective the research has the following specific objectives.

 To clearly show the laws that are provided under international, regional and domestic laws about
the right of prisoners.
 To show what is going on the practice in east Shoa Zone prison in light of those laws. That
means to show the practical aspects with relation to those specified laws.
 To show for the prisoners what right does they have even they are in prison.

1.4 Research Questions

1. Does prisoner is East Shoa Zone prison receive appropriate remuneration for their wages or
labors?
2. Does the safety working conditions such as works appropriate for their ability and skill, specific
working areas, accessibility of materials and the like are fulfilled?
3. How much time does the prisoners are staying in work?

1.5 Significance of the Study

The study is relevant for a number of reasons. Prisoners are a vulnerable group of people whose
right are neglected. At the same time their own capacity to manage the situation is severally
constrained. Indeed, society generally views prisons as places for physical punishments and
environments where people should have no rights and a recent to suffer. However, under
international law, persons deprived or their liberty are entitled to be treated with humanity and
dignity. The research suggests that government should empower this vulnerable group through
payment of the appropriate payment established under the law, providing safety working
condition as of ordinary people and also duration of time, so that they could be self-reliant. This
paper seeks to bring this latter fast to light in the hope that the prison administrator should follow
the law that regulate the right of prisoners with regard to the point of remunerated work, safety
working conditions and duration of time in work. And also brings light for the prisoners to
known their right during their stay in prison as well as work place. The research will contribute
to a human right based approach to the treatment of prisoners by arguing for the implementation
of their right to remunerated work, duration of time and safe working conditions.

1.6 Scope of the Study

This research paper covers the right to work prisoners is prison in general and east Shoa Zone
prison particular. It mainly covers the right to remunerated work or labor, the safety working
conditions and also the time of work of prisoners. And it address the adherence and respect of
both national and international laws pertaining the prisoners’ right to work in east Shoa Zone
prison.

1.7 The Research Methodology

To accomplish this research, I used both doctrinal and non-doctrinal method of research. I used
doctrinal methods that mean literature review for the legal parts and non-doctrinal method, such
as interview, questionnaire and group focus discussion for the practical parts have as so been
used with a view to gathering necessary data and information from the concerned bodies and
persons.

1.8 Limitation of the Study

To accomplish this research effectively I have tried my best as much as possible. While I am
conducting this research there are different challenges that may face among those challenges are:
 Time Limitation. In normal principle, the time given for the completion of the thesis is one
semester. Thus, the time is not enough to complete the study. Because with that of exit exam
difficult to timely finished the study.
 The other problem is unwillingness of the Oromia Prisons Administration to give information
and involuntary of the prison warden to enter in the prison for the first time of my application.
 There was also a limitation with regard to the accessibility of regional laws which are necessary
for the conduct of the research especially laws related with prisoners right to work. As known,
many of the laws of the regional states are not available on website. This has hindered the writer
from having access to the regional prisons administration regulations.

1.9 Organization of the Study

The research will be conducted a manner any given standard research should follow. The
research will also follow the standard out line that such standard research should adhere to
perhaps, outlines of bachelor degree’s thesis paper.

The research will be consist Three chapters: chapter One is proposal of the study contains back
ground of the study, Statement of the problems, objectives of the study, research questions,
significance of the study, limitation of the study and methodology.

Chapter Two is about general over view on prisoners’ right to work, international laws on
prisoner right to work, regional law is on prisoners right to work and Domestic laws on prisoners
right to work.

Chapter Three is all about experiences on prisoners’ right to work in East Shoa Zone, under here
we will see experience on appropriate payment of remuneration, experience on safety working
condition and Duration of working time.
Finally, Chapter Four comes up with the conclusion and recommendation of the study. At the
end, bibliography and annexes has been provided.

CHAPTER TWO

GENERAL OVERVIEW ON PRISONER RIGHT TO WORK

2.1 Introduction
Prisoner’s right is the nature and extent of the privileges afforded to individuals kept in custody
or confinement against their will because they have been convicted of performing an unlawful
act. The right to work for prisoners is still a controversial issue at national, regional and
international level. Under international law, the protection of the right to work in general and the
right to remunerated work for prisoners in particular is very tenuous if one is to consider the
provisions of ICCPR and ILO conventions No. 29 and 105. The treaty provisions on the right to
work and right to adequate remuneration under the ICESCR do not exclude prisoners in any
explicit sense. The rights under the convention are guaranteed for all human beings without any
kind of discrimination. Even though, international as well as regional human right instruments
provide right to work for every one without explicit prohibition of prisoners, national or
domestic laws of Ethiopia clearly provides that forced labor is taken as part of sentence 12. And
also international human right instruments, such as ICCPR, in exceptional circumstances provide
those prisoners are the one who are under an obligation to do work13.

2.2 Definition of Prisoner(s)

Prisoner is a person who entered in to Prison Institution as a result of receiving a sentence in a
criminal court, convicted or for civil liability and for such reasons loses his or her personal
liberty. Sending the prisoner in to incarceration is not the means to denying his human rights.
That means, they retain their rights even when in prison. This is so, because human rights are a

12 The Federal Democratic Republic of Ethiopia criminal code, article 111

13 International Convention Civil and Political Right, UN General Assembly, 16 December 1966, United Nations
available at: htt://www.ohchr.org/en/professional interest /pages/.
person incarcerated in or otherwise confined to a correctional institution 14 Moreover, prisoner(s)
is/are when a person is received to serve a period of imprisonment composed of a sentence for a
criminal offence and a consecutive period of imprisonment in connection with a non-criminal
matter and a person who deprived of his liberty for his criminal status. 15Accordingly, prisoner
means a person incarcerated or confined in prison and includes a person who detained for
criminal or civil matter, and tried or untried.
Furthermore, other scholar defined prisoner as a person deprived of his or her personal liberty is
to be regarded as prisoner.16 Thus, according to this author, every person who deprived of his or
her liberty either for criminal or civil purpose is considered as prisoners.
On the other hand, Prisoners means a convicted prisoner serving a sentence passed by a court
17
authorized by law; and also refer to a person detained upon judicial remand. Hence, according
to this particular provision, any person in custody is not considered as a prisoner rather than
those for their criminal act serving their sentence or staying their remand. In Ethiopia, according
to the Proclamation of Federal Prison Commission No.365/2003, those persons detained for civil
liability are not considered as prisoners except persons serving their sentence for criminal act or
a person detained up on judicial remand.
Therefore, for the nature of prison environment, person who are in prisons have no personal
liberty. In our world, no term is given to the person who detained in prisons institution for

14 Health in prisons, A World Health Organization guide to the essentials in prison health, 2007. P 1.

15 ibid, P. 2

16 Parliamentary Assembly Committee on Legal Affairs and Human Rights Draft resolution adopted by the
Committee in Strasbourg on 26 June 2012, p.1)

17 Proclamation to Provide for the Establishment of federal Prison Commission, Proclamation No.365/2003, Art.2
(5)
different reasons either detained for criminal or civil purpose except the term ‘prisoner’. Thus, no
matter how the person detained either for criminal act or for civil purpose, the prisons institution
have their own object starting from its establishment. As such, the main purpose of the prison
institution is, at first hand, not to punish detainees but to change his or her behaviors and making
law binding and responsible citizens. For this reasons, the term ‘prisoner’ is not only limited to
the person who deprived his or her personal liberty for criminal offence but it includes the
persons lose their liberty for civil liability.

2.3 International Laws on Prisoners right to work

International human right instruments are international laws accepted by and applicable to most
of the world countries. Our country Ethiopian also ratifies international human right instruments.
Among those international human right instruments, the most are United nation universal
declaration on human rights, international covenant on civil and political rights, international
covenant on economic, social and cultural rights. The position of those international human right
instruments in our country is controversial. Some argues that, they are equal and even above the
constitution. This is for the purpose of human rights, if there is contradiction of the constitution,
the constitution is interpreted in line with those international human right instruments. That
means the constitution below and international human right laws are above. Those groups of
people cite article 13(2) of the FDRE constitution as an authority. But in case of others,
international instruments are part and parcel of the law of the land. It can be considered as one of
the laws of the country and go on application like others. But other groups of people argue that
they are below the constitution but above the proclamation. They said that whatever it is,
international human right instruments are part and parcel of the law of the country. They cite
 article 9(4) of FDRE constitution as an authority 18. So we can conclude that international human
right instruments are one of the integral part of the laws of our country Ethiopia and also has a
broad applicability like that of other domestic laws in general and on prisoners right in particular.
This is because at least international human right laws are above or equal to the proclamation of
our country as we infer from both of the arguments. If that is so, now a day’s proclamation is the
major law of our country and applicable anywhere. So that, international human right
instruments should have a wider governing power in our country in general and on prisoners
right in particular.

Article 23 of the universal declaration provides that:19

1. Everyone has the right to work, to free choice of work and to protection against unemployment.
2. Everyone, without any discrimination, have the right to equal pay for equal work.
3. Every one works has the right to just and favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by other means of
social protection.
4. Everyone has the right to form and to joint trade unions for the protection of his interests.

Article 6(1) of ICESCR grants to everyone the right to work and there by recognizing this right
as an opportunity to gain one’s living.

18 TesfayeAabate, Introduction to law teaching material, 2009, p. 125

19 The Universal declaration of human rights, article 23, available at: http://.www.Un.org//en/Universal-
declaration-human-rights/
General comment No 18 of the committee on economic, social, and cultural rights on right to
work interpreted the right to work as a human right more than wage labor and it is related to
one’s participation in society activities, to secure its survival and wellbeing. 20 And this includes
the acceptance and gratification derived from community or society. The right to work includes
independent or dependent wage paid work and it is not an absolute or unconditional right to
21
obtain employment. The committee defines work to include the right of every human being to
decide to freely accept or choose work and therefore, no person should be forced to work 22. Each
worker has a right of access to systems of protection guaranteeing him access to employment 23.
Work must be decent in the sense that it may respects the fundamental rights of the human
person as well as the rights of the worker such as, among others, the right to just remuneration 24.
It should be noted that article 2 of ICESR guarantees the rights enumerated in the convention
without discrimination on any ground. Among those right enumerated under the convection right
to work is the one.

Whereas the ICESR protects everyone from being coerced in to work, the international covenant
on civil and political rights, the international labor conventions on forced labor (conventions No
29 and 105) seem to tolerate compulsory prison labor. Indeed article 2 of the 1930 ILO
convention No 29 on forced labor provides:25

20 International Covenant on Economic, Social and Cultural Rights, the committee, General Comment No 18

21 Id, Para.6

22 Id, para.4

23 Id, para.6

24 Id, para.7
1. For the purpose of this convention the term ‘forced compulsory labor” shall mean all work or
service which is exacted from any person under the means of any penalty and for which the said
person has not offered himself voluntarily.
2. Never the less, for the purposes of this convention, the term, forced or compulsory labor shall not
include … any work or service exacted from any person as a consequence of a conviction in a
court of law. Provided that the said work on service is carried out under the supervision and
control of a public authority and that the said person is hired out to or placed at the disposal of
private individuals, companies or association.

Here the ILO conventions NO 29 and 105, specially in its article 2(1), defines forced or
compulsory labor as all work or service done under a means of any penalty without his interest.
But for the purpose of this convention only any work or service performed by any person as a
consequence of a conviction does not considered as forced or compulsory labor. On the same
manner article 8 of ICCPR prohibit forced or compulsory labor. But in its sub article 3 of the
same article is provides that prisoners are forced to work and it is not considered as compulsory
labor for the purpose of this convention since it is lawful order of a court.

Article 8 of the ICCPR secures the right of every one to be free from slavery and forced labor.

Article 8(3) (c) of the covenant provides exception for prison labor as a lawful form of labor in
the following terms:

For the purpose of this paragraph the term ‘forced or compulsory labor’ shall not include:

25 International labor organization (ILO), Forced Labor convention, c29,28, Jun 1930, c29, available
at:http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::p12100-ILO-CODE:c29
Any work or service normally required of a person who is under detention in consequence of a
lawful order of a court, or a person during conditional release from such detention. Further, ILO
convention No 29 and ICCPR are silent on the issue of remuneration for compulsory prison labor
unlike the ICESER which guarantees to everyone the right to work and right to just and
favorable conditions of work including adequate remuneration to secure his dignity and that of
his/her dependents.

The SMR are a set of 95 rules that set out the minimum standards below which prisons’
authorities should not fall. It is standard minimum rule for the treatment of prisoners. It has
totally a set of 95 rules that set out the minimum standards below which prison authorities should
not fall. The rule was adopted by the first United nation congress on the prevention of crime and
the treatment of offenders in 1955 and approved by the Economic and social council by its
resolution 663c (XXIV) of 31 July 1957 and amended by resolution 2076 (LXII) of 13 May
1977.26 The SMR generally has preliminary part that is used as an introduction about SMR and
its content. It has totally 5 articles or rules. Then the SMR has two general parts. Part I is about
rules of general application. It covers a total of 49 rules from 6-55 general management of
institutions, and is applicable to all categories of prisoners, criminal or civil, untried or convicted,
including prisoners subject to “security measures” or corrective measures.

Part II of the standard minimum rules on the treatment of prisoner covers a total of 40 rules from
55-95 and is all about rules applicable to special categories. It has 5 sub headings from a-e.
Heading ‘a’ is about prisoners under sentence, heading ‘b’ is about insane and heading ‘c’ is also
about prisoners under arrest or awaiting trial, heading ‘d’ is about civil prisoners and heading ‘e’
is about persons arrested or detained without charge. They contain rules which have become part

26 Rule for the SMR standard minimum rule for the prevention of crime and treatment of prisoners
of customary international law and therefore, they are binding up on states. They can also be
used decisively for the interpretation of the treaty provisions under the ICCPR, ICESCR and ILO
conventions on forced labor No 29 and 105.27

Part II of the minimum standard rules provides important safe guards relating to work by
28
convicted prisoners and untried offenders. In relation to convicted prisoners the roles provide
29
that prison labor must not be an afflictive nature. In keeping with historical evolution of prison
labor, the rules approach focuses on the obligation to work rather that the right to work a
30
convicted prisoner by providing that all convicted prisoners shall be required to work. With
respect to untried prisoners although they are not required to work, they are always offered an
opportunity to work 31 even though this is not our concern. This is keeping with states obligation
under the ICESCR which requires state parties to create conditions that facilitate access to work
or employment towards their citizens.

The rules also make provision for sufficient work of a useful nature and which will also maintain
32
or increase prisoners ‘ability to earn an honest living after release and call for provision of

27 G Jonge still ‘salves of the state’: prison labor and international of in D Smit and F Dunkel (eds) (1999) prison
labor: salvation or slavery? 328

28 Minimum standard rule from article 71 to 76 and 89 which are dedicated to labor issues

29 Id, 7(1)

30 Id, 71(2)

31 Id, 89

32 Id, 71(3) and (4)

vocational training in useful trade. 33 The SMR attempt to create a balance between obligation to
work and the right to work for a convicted prisoner by providing that within the limits
compatible with proper vocational selection and with the requirements of institutional
administration and discipline, the prisoners shall be able to choose the type of work they wish to
perform.34 We know that obligation to work and right to work are too much different. The rule is
tried to balance those contradicting ideas through providing different institutional and vocational
training for prisoners from the side of prison administration. Then prisoners has right to choose a
type of work he wants to perform based on his training rather than ordered by the prison
administrator to do a certain work only. That means the rule narrow the gaps of right to work and
obligation to work.

The rules also seek to protect occupational health and safety of prisoners by requiring that
relevant rules that are applicable to workers outside prison setting should be observed including
indemnity prisoners against individual, hours of work for prisoners should take in to account
circumstance relating to free workers. 35 On the important question of remuneration although the
rule 76(1) calls for a system of equitable remuneration of work prisoners it does not explicitly
emphasize the principle of equal pay for work of equal value.

2.4 Regional Laws on prisoner right to work

33 Id, 71 (5)

34 Id, 71(6)

35 Id, 75(2)
In the African context, Article 15 of the ACHPR provides that every individual has the right to
work under equitable and satisfactory condition and shall receive equal pay for equal work. 36
Article 2 of the charter provides that the rights and freedoms guaranteed in the charter shall be
enjoyed without any discrimination on the base of among other reasons, national and social
origin fortune, birth or other status. The rule is to general and the conditions are illustrative and
also do not prohibit prisoners from right to work in explicit manner. The African charter here
provides for everyone to receive equal payment for all without discrimination. That means
prisoners like other individual has the right to receive appropriate payment for the labor. The
rights and freedoms are exercised with due regard to the rights and freedoms of other, collective
security, morality and common interests.

In Africa, the Kampala declaration is one of the important documents of reference for the
protection of prisoners. The Kampala declaration provides that the conditions in which prisoners
are held and prison regulation should not aggravate the suffering already caused by the loss of
liberty.37 The Kampala declaration on conditions of prison in Africa, which is an important
document that highly protects the rights of prisoners. It provides that prisoners are those groups
of people who once loss their liberty and not aggravate those problems by denying other rights.
Generally the declaration protects the interest of prisoners even though they loss their liberty
once. The Kampala declaration calls up on the states to adopt an action plan to minimize the
detrimental effects of imprisonment so that prisoners do not lose their self-respect and sense of
personal responsibility. 38 Prisoners can take the advantages of the time spent in prison by taking
36 African charter on human and peoples right available at: http://kampalaDeclaration on prison condition in Africa

37KampaladeclarationonprisonconditionsinAfricaavailableat:http://www.penalreform.org.resource/Kampala/
declaration/prison condition in Africa, para.4

38 Id, para.5
part in a vocational training which is compatible with their capabilities, where they can acquire
enough skills to run their own business after release. 39 The declaration clearly provides that
prisoners can take their time spent in prison by participating in different vocational training to
build themselves for their future life. This is clear that the Kampala declaration has widely
protected. The right of prisoners to participate in the work and also they can acquire skills for the
future life after release from prison. Further, the declaration emphasizes the need for work and
stresses the importance of working, as it would help the prisoners to compensate their victims. 40
The declaration on respective sentence has given emphasis for the need for work. This is because
after work a prisoner shall acquire remuneration and this is important to compensate their
victims.

Generally, regional laws have a wider coverage for prisoners’ rights to work and acquire
vocational training that guide for their future life as well as acquire a means of income for the
present time and important to lead the family. It clearly provides, not to take/suppress those
prisoners again, that is enough once we have taken their liberty.

2.5 Domestic Laws on Prisoners’ right to work

2.5.1 The Federal Democratic Republic of Ethiopia Constitution on Prisoners’ right to

work

39 A. Dissel, Commentary on the Kampala Declaration report on a Pan African seminary, penal reform
international

40 Kampala Declaration on prison conditions in Africa in respect of alternative sentencing available at:
http://www.penal.reform.org/resource/Kampala/declaration/prison condition in African, para.4
The FDRE constitution is the grand principle of Ethiopia in which all laws, rules and regulations
are enacted in conformity with it. 41 If any law, customary practice, rule and regulation is contrary
to the constitution become void or null. 42 Like that of international human right instruments the
grand principles of our country implicitly and explicitly provides about right to work of
prisoners. As it is expressly provided human and democratic rights of citizens and peoples shall
be respected.43 Since right to work is a democratic right the constitution provides that it shall be
respected. The FDRE constitution provides that every Ethiopian has the right to choose his lively
hood to engage freely in economic activities what he wants. 44 Here the constitution provides a
right for every Ethiopia national without any restriction or prohibition. That means even
prisoners have the right to work, since they are Ethiopia national. The law says that every
Ethiopia has the right to choose his livelihood. Since prisoners are Ethiopian national they have
the right to choose their livelihood to engage in economic activities they wants in the prison.
This is a constitution right to freely engage in activities within the prison if that is economical
beneficial or important for their future life after release from prison. Governments also have the
duty to provide safe conditions and economic opportunities for economic development. 45 As it is
clearly provided under article 41 of the constitution; every Ethiopian has the right to choose his
livelihood to engage freely in economic activities he wants. And also article 18(3) says no one

41 Federal democratic republic of Ethiopian constitution, article 19(1)

42 Ibid

43 Id, article 10(1)

44 Id, art 41(1)

45 Id, art 89
shall be required to perform forced or compulsory labor, but this may not always the case. That
means there are a group of persons or people who are deprived of his right of choice. Article
18(4) of the constitution says for the purpose of article 18(3), “forced” or “compulsory” labor
shall not include:

A. any work or service normally required of a person who is under detention in consequence of a
lawful order of a person during conditional release from such detention.

B. In the case of conscientious objectors, any service exacted in lieu of compulsory military
services.

C. Any service exacted in cases of emergency or calamity threatening the life or wellbeing of the
community.

D. Any economic and social development activity voluntarily performed by a community with in
its locality.

The FDRE constitution principally provides that, every Ethiopian national has right to work
without any discrimination. And also it declares the prohibition of forced or compulsory labor.
But this may not always the case that means there are a group of people who are under an
obligation or forced to work in exceptional circumstance. Among those groups of people who are
compelled or forced to work, prisoners are the one as it is provided above article 18(4) (a). So
generally, the constitution provides the right to work for every Ethiopian national without any
discrimination and prohibition of forced or compulsory labor, but exceptionally for certain group
of people it may not the case like prisoners.

2.5.2 The Criminal Code of the Federal Democratic Republic of Ethiopia

The FDRE criminal code, which is one of the laws of the country have provided sentences for
those who are committing crimes or at fault. The law not only providing sentences but also has
provided those activities after conviction. The caption of Art 111 of the criminal code says that;
Obligation to do work and benefits accruing there from. This means that prisoners are obliged to
do a certain work but they have a right to acquire or receive certain benefits. In its sub article one
it says a person serving a sentence with deprivation of personal liberty shall be under an
obligation to do work. In its 2nd paragraph, a prisoner is compelled to do work, only if he is in
good health to do that work and assigned by the director of prisons, further it provides that such
work shall be suitable to the prisoner’s ability and shall be of such nature as to reform and
educate the prisoners and to be conductive to his rehabilitation. This clearly provides that the
working conditions to be safe for the prisoners and depends on his/her abilities. But they can’t be
extra ordinary.46 We can infer from this is that prisoners are under an obligation to work, but this
obligation is only existed if certain conditions are fulfilled. Unless and otherwise there is no
obligation to work according to the criminal code of Ethiopia. The conditions that must be
fulfilled to compel prisoners are:

1) If he is in good health to do that work and assigned by the director of the prison.

2) Such work shall be suitable to the prisoners’ ability.

3) The work has a nature to reform and educate the prisoners and conductive for his
rehabilitation and future life. Generally, the condition is not only to generate income for the
prison but important for the present and future life of the prisoners.

46 Federal Democratic Republic of Ethiopia, Criminal code, article 111(1) and (2)
Under art 111(2) of the FDRE criminal code it is clear that prisoners has the right to receive
proportional payment for their labor every day, if his work and conduct are satisfactory. That
means prisoners who are compelled to work shall receive appropriate remuneration every day for
their work.

2.5.3 Treatment of Federal Prisoners Council of Minister Regulation No: 138/2007

From article 30-34 of the regulation is all about compulsion labor and payment of wage for
prisoners. Article 30 (1&2) of the regulation stated prisoners shall be categorized and be given
work assignments on the basis of their skill, profession and attitude and they shall be paid for the
work they performed. And where a prisoner lacks in proper skill he shall be given the necessary
apprenticeship and training. But all prisoners are not compelled to work. The regulation
classified prisoners as those groups of prisoners who are compelled to work and those of
prisoners who are not compelled to work.

As provided under article 32 of the regulation those prisoners who are compelled to work are:

Those whose health conditions are medically determined and are suitable for safe guarding by
the opinion of the prison administration.

Those prisoners who are compelled to work are not compelled to do work under harmful and
cruel condition which is against their humanity and tortuous and beyond 7 hours per day and 6
days in a week.47

The other groups of prisoners are those who are not compelled to work. Those prisoners are:48

47 Council of minister regulation on the treatments of federal prisoners’ no.138/2007. Art. 32 (1&2).

48 Id, art 31(1)

A. Prisoners who convicted and sentenced to death
B. Pregnant women having reached 6 months and until two months after delivery.
C. Men and women whose ages are above 60 or 50 respectively
D. Persons detained upon judicial remand

Where persons referred above except Prisoners who convicted and sentenced to death request to
work after having been told that they are not compelled to work they may not be prohibited from
working unless the work is hazardous to their health.49 That means those prisoners who are
sentenced to death by any means are not compelled and also cannot do work by their own
initiation unlike other groups of prisoners. For those prisoners who are compelled to work there
are assignments according to their abilities. A prisoner shall be preferred for an assignment
taking into account the type of work in which he had been participating earlier and his abilities
thereof. When any prisoner is required to be assigned for any type of duty, he shall be made to
participate the same for a while and obtain the necessary training.50

Article 33 of the regulation provides the administration shall encourage and support activities to
be performed by prisoners individually or organized in-group for their benefits and social
services and prisoners shall have the obligation to perform without payment works involving
their own common benefits.51

49 Id, art 31(2)

50 Id, art 30(2)

51 Id, art, 33(1&2)

No convicted prisoner shall be allowed to work out side prison. 52 Notwithstanding with this the
prison may allow a prisoner to work out said prison where it finds its necessary the amount of
payment shall be determined in accordance with agreements entered into by the prison based on
the market price of the locality.53

The regulation is exhaustively discussing the right to work of prisoners in article 30 - 34. It
provides that prisoners are classified as those compelled to work and those who are not
compelled to work. Those prisoners who are compelled to work are assigned the work based on
their abilities and experience in his previous acts and have the right to receive the appropriate
payment of wages.

2.5.4 Regulation on the Treatment of the Oromia National Regional State prisoners,
Regulation, No.48/1997

The Regulation for the treatment of prisoners of the ONRS classified prisoners as those group of
prisoners who compelled to work and those prisoners who are not compelled to work and lists
only those group of prisoners who are not compelled to work. Those prisoners are54:

A Prisoners who convicted and sentenced to death

B Men and women whose ages are above 60 or 50 respectively

C Pregnant women having reached 6 months and those with babies who are less than two
months from delivery.

52 Council of minister regulation on the treatments of federal prisoners no.138/2007.art.34(1)

53 Id, art 34(2)

54 Regulation on the Treatment of the Oromia National Regional State prisoners, Regulation, No.48/1997 art.34
D prisoners who was health problem and sick But with the exception of those prisoner who are
sentenced to death all the other groups of prisoners, wish to engage in work on their own nation
and it is medically proven that the type of work may not adversely affect their health, they may
not be prohibited such an exercise 55. That means those prisoners who are sentenced to death by
any means are not compelled and also cannot do work by their own initiation unlike other groups
of prisoners.

Article 69 of the regulation also provides the condition that allowed prisoners working out side
of the prison. Those prisoners allowed workout said the prison are56:

1 Prisoners whose sentence is not greater than four years imprisonment.

2 Prisoners who served one-half of the sentence of imprisonment.

3 Prisoners who are not habitual offenders and cannot attempt to escape.

4 Those prisoners whose ages are below 65.

5 Those prisoners who are not mental and psychological illness.

The regulation does not exhaustively discussing the right to work of prisoners. Because it does
not say anything on the working hour of prisoners to work. The regulation also not clear whether
those prisoners who are compelled to work are assigned the work based on their abilities and
experience in his previous acts and have the right to receive the appropriate payment of wages or

55 Id art,34

56 Id art,69
not. The regulation simply says prisoners can receive certain amount of money from the earned
by the working57.

Generally the prisoners’ regulation of the oromia national regional state is not clear with regard
to payment of remuneration and their health and capacity conditions of prisoners to work. And
also the regulation has not provided the duration of time to work and when any prisoners
assigned to any types of work obtain the necessary training or not.

57 Id art,69(7)
 CHAPTER THREE

EXPERIENCE ON PRISONERS’ RIGHT IN EAST SHOA ZONE PRISON

3.1 Introduction

In East Shaw Zone prison there are around 1925 prisoners. 58 All of them are male prisoners.
There are not female prisoners because it is very crowded. Among the total number of prisoners
most of them are self-employed, some others are out of any work or they are stayed inside most
of the time with nothing to do. And some others are on training and some of the rests are
compelled to work. Out of those some of the prisoners who are compelled to work I have taken a
random sample of 50 prisoners. All of the total sample of prisoners are male prisoners. To
accomplish this paper I have use interview, questionnaire, and focus group discussion. Among
the total sample prisoners I have interviewed 15 prisoners and 20 are participated in
questionnaire and the rest are participated on focus group discussion. Out of those prisoners I
have also taken a sample of 10 staff workers.
58 Interviews conducted with, Commander Birhanu Tuffa, vice Director of East shoa zone prison Administration,
24/4/2009, 5:00-5:20(L.T).
As it is clearly discussed in the previous chapter the law that provides on the rights to work of
prisoners. But only the law is not sufficient to ensure the rights of prisoners. There shall be a
strong requirement from each state, which is commitment to apply the law on the ground. That is
why conducting such research is necessary. When we came to Ethiopian case, especially East
Shoa Zone, prison of course there are some undeniable facts to some extent. But this does not
mean that there is no problem is East Shoa Zone prison. From my questionnaire I have
understand that, there are a lot of practical problems contrary to those of laws clearly provided.
In the prison there are different types of work that prisoners take part in them. This includes
waivers, grain mill work, cooking of food, barber, woodcutting, metal work, wood work, and
building construction. As I have interviewed some of the prisoners are self-employed and some
others are compelled to work. But our focus is only on those prisoners who are compelled or
forced to work and work on their own initiations.

Among the different problems as I have understand from the questionnaire, interview, and focus
group discussion prisoners are compelled to work without appropriate payment and sometimes
even without any payment. And also the type of work is not compatible with their abilities,
capacities their health conditions are not considered during the time of work. That means safety
working conditions does not considered.

3.2 Experience on Payment of Appropriate Remuneration for their work

As it is provided under the previous chapters of this paper, even though prisoners are compelled
to work, they have to receive appropriate payment of wages every day. 59 As I have interviewed,
those prisoners who are compelled to work does not have receive any remuneration for their

59 Council of minister regulation on the treatments of federal prisoners no.138/2007.art.30(1)

wages not only every day but also within a month. 60 The construction workers they work more
than four months but still they did not have any payment. Those prisoners who are compelled to
work in such works do not have received any payment not only per day but also in months. The
manner of ordering of the prison administration for work in somehow systematic, that is they
61
forced certain group of prisoner for one day and the others on another day. This is their system
that made them not to pay wages for those prisoners. As I understood from the questioner some
prisoners says that even the prison administration pays the payment is not appropriate and some
says there is no payment at all.

Vice Inspector, Lulea Guleglu, One of the staff worker and assigned to me contact with the
prisoners for the interview, said “I do not know whether the prisoners who are compelled to
work and they receive appropriate compensation/ remuneration for their labor or not but those
professionals’ prisoners such as construction worker may receive.”62 Those professional
constructors have paid, but we do not know the manner of payment.

Construction worker and wood worker prisoner TibebuTadele and Debale Andersa also said that
we have done our construction work and wood work with interest and with our consent. But we
cannot receive appropriate payment for our work because we receive only 50% of the income
earned from the work and the remaining 35% and15%is to the prison administration and to their
cooperative social work expense respectively63. From this the view of prisoner Tibebu Tadele
and Debale Andersa are seems similar with the view of Vice Inspector Lulea Gulegalu.
60 Interview conducted with, Tibebu Taddele prisoner, 24/4/2009, 4:20(L.T).

61 Interview conducted with, Bruk Weldsenbet prisoner 24/4/2009,4 :09(L.T)

62 Interview conducted with vice inspector. Lulea Gulegalu 24/4/2009/,5:20 (L.T)

63 Interview conducted with prisoner TibebuTadele and Debale Andersa,24/4/2009/,( L.T )

The other prisoners those compelled to work on the construction work at “Dabi Solankia” the
new construction site of the future prison place, said that the amount is not fixed and not paid for
four months even if they work for that period 64. The most reliable information is given by vice
Sajin Jabbaar Bakaree, he said they simply work if there is any order but they did not have
received not only appropriate payment or any payment. He said also due to lack of space or farm
land at present there is no farming activities and prisoners participate on this farming activities
changes to construction work. Prisoner, Adisu Tesfaya who is take part in previously on farming
work and at preset he trained and work on metal work said that no one have got any payment
from this farming activities. He explained that today we have done this and tomorrow other
groups of prisoners may be ordered. 65 So there is a change of worker that means we do not have
fixed types of work and for the work we did in any day we did not have receive any payment.
The other prisoners work on cooking of food and grain mill said that the payment they received
is not commensurate to the work they do66.

Generally, from the interview and questionnaire I have understood and conclude that there is no
female prisoners in East Shoa Zone prison and for male prisoner even there are job opportunities
the prisoners are ordered or compelled to work mobility. The practice in the East Shoa Zone
prison administration is not based on the law because the Regulations on the Treatment of
prisoners of Oromia National Regional State prisoners, Regulation No. 48/1997 does not
expressly provides to the payment of remuneration and condition of work. That means there is

64 Interview conducted with Asmare Wondem prisoner, 14/5/2009/3:45 (L.T)

65 Interview conducted with Adisu Tesfaya, prisoner,14/5/2009/3:50(L.T)

66 Result from group focused discussion of prisoners.

 no fixed types of work they accomplished; they order to mill work today and construction for the
other day and for their daily work they did not have received any payment or remuneration.

3.3 Experience on Safety Working Condition

Safety working conditions is an area concerned with the safety, health and welfare of people
engaged in work or employment. As defined by world health organization (WHO) occupational
health deals with all aspects of health and safety in the work place and has a strong focus on
primary prevention of hazards67. The common definition ILO and WHO adopted by the joint ILO
and WHO committee on occupational health as its 12 th session in 1995 reads. The main focus in
occupational health is on three different objectives.68

I. The maintenance and promotion of workers health and working capacity.

II. The improvement of working environment and work to become conductive to safety and health
and
III. Development of work organizations and working cultures in a direction, which supports health
and safety at work and in doing so also promotes a positive social climate and smooth operation
and may enhance productivity of the undertaking.

So the safety working conditions in prison may include, the whatever conditions of the area,
working hours, the type of work performed, the ability to work, the type of work ordered to do
and health condition of prisoners during a work time.

As I have understand from the interview and questioner the safety working conditions in East
Shoa Zone are not fulfilled but to some extent the working materials are fulfilled by the prison
67 World health organization (who), definition of working place

68 Ibid
administration in the appropriate time and place. 69 Those prisoners whose health condition are
medically proven and the director believe that they are suitable for safe guarding are compelled/
forced to work.70 Even though the law says their health condition are medically proven. Prisoners
in East Shoa Zone are compelled to work without due consideration of their health condition.
They are forced to work in group especially on those activities of construction of the house, mill,
cooking food, and the like.71 They said that there is no much medical accessibility in East Shoa
Zone.72 The main problem that is raised by the prisoner is their health condition. But this
indicates that prisoners who are not feeling healthy are forced to work and shall not be preferred
the type of work in which they had been participating earlier and there ability thereof. In East
Shoa Zone prison, prisoners are compelled to work without due consideration of their ability and
interest to work in which type of work and especially the work place of waivers are very
crowded and it is not safe to conduct their work.73

In conclusion the working conditions in East Shoa Zone prison with regard to weather
conditions, place of work and accessibility of materials are not safe and fulfilled and prisoners
are compelled to work without due consideration of their health condition to work and without
due consideration of their ability to work and their experience.

3.4 Experience on Duration of Time

69 Result from questionnaire answer from staff members

70 Regulation cited above at supera note 43, art. 32(1&2) and 54, art 34

71 Result from questionnaire answers from prisoners

72 Result from group focused discussion of prisoners

73 Result from questionnaire answers from the prisoners

As it is provided under Council of minister regulation on the treatments of federal prisoners’
no.138/2007 Art. 32 (1&2). Prisoner are not obliged to work beyond 7 hours per day and 6 days
in a week. But, the regulation on the treatment of the Oromia National Regional State prisoners,
Regulation, No.48/1997 does not provides the duration of time of work. It does not say anything
on duration of time of work when the prisoners compelled to work how much time they
compelled to work. In East Shoa Zone prison, as it is explained by the Director of East Shoa
Zone prison Administration, Commander, Abebe Teshom prisoners are work 8 hours per a day.
As he said the duration of works is not similar with that the regulation on the treatment of federal
prisoners provides. Some prisoner sand staff workers who are taking as a sample of interview,
questionnaire and group discussion explained, prisoners are started to work at 2:30 am and finish
at 5:00 am in the morning at local time and at 8:00 pm-11:30 pm in the afternoon at local time. 74
Based on these group of prisoners answer to the questionnaire and interview the duration of work
is similar with that of the regulation on the treatment of federal prisoners provides. Some also
said that started to work 1:30 am and finish at 6 am in the morning at local time and at 8: pm-
11:30 pm in the afternoon at local time.75 Based these group of prisoners answer the
questionnaire the duration of work is not similar with the regulation on the treatment of federal
prisoners provides.

From this I, understand there no uniform and constant duration of time in East Shoa Zone prison
Administration and it is not similar with that the regulation on the treatment of federal prisoners
and other international law provides because the regulation on the treatment of the Oromia
National Regional State prisoners, Regulation, No.48/1997 does not provides the duration of
time of work.
74 Result from questionnaire ,interview and focus group discussion

75 Ibid
Generally I understand that there are a large number of prisoners in East Shoa Zone. Among
those large numbers of prisoners, some of them are self-employed; some others are not forced to
work and else are going on training. The other remaining groups of prisoners are the targeted
group who are compelled to work. In East Shoa Zone prison, there is no female prisoners. With
regard to those prisoners who are compelled to work, there is no appropriate payment or
remuneration for their wages. In relation to the safety working condition, the weather conditions
of East Shoa Zone and the locality of the work places are not safe and secured.

CHAPTER FOUR

CONCLUSION AND RECOMMENDATION

CONCLUSION

The situation of prisoners’ right work in Ethiopia especially in East Shoa Zone prison is very
poor. Prisoners’ are among vulnerable groups in the society. This is because they are under the
control of other people. The right to work in guaranteed in many international instruments but it
is not comprehensively dealt with by the international covenant on economic, social and cultural
rights (ICESCR). Article 6(1) of ICESCR guarantees the right of every one to opportunity to
gain his living by work which he may feely chooses or accepts and calls upon. The international
covenant on civil and political rights also recognizes the right to just and favorable conditions of
work. And also article 8(3) (a) of ICCPR provide that prisoners are under an obligation to work.
They provide that prisoners even though are under an obligation, there must be appropriate
remuneration and it is not beyond the given time by the regulation. It further provides that the
obligation of prisoners to work must depend on their ability to work, health conduction and in
areas appropriate for work. Generally, international human right instruments, such as ICCPR,
ICESCR, ILO and Universal Declaration on Human Rights provides right to work for every
individual in principle. And also they prohibit forced or compulsory labor. But exceptionally
prisoners are forced or compelled to work. Even though prisoners are under an obligation, there
must be rights to be fulfilled first. Those are their ability to work, health conditions and places of
work whether it is suitable or not, must be considered. On the other hand prisoners shall not
obliged to do work beyond certain time of work and for their labor, there should be appropriate
remuneration.

Regional laws like that of international laws regulate right to work in general and prisoners’ right
to work in particular. The African charter on human and people’s right provide that every
individual has the right to work under equitable and satisfactory condition and shall receive equal
pay for equal work. The charter provides the right to work for every individual including
prisoners in its stay in prison. The Kampala declaration on prison condition in Africa also clearly
provides that the conditions in which prisoners are held and prison regulations should not
aggravate the suffering already caused by the loss of liberty.

Domestic laws of Ethiopia such as Constitution, FDRE criminal code and Council of minister
regulation on the treatments of federal prisoners’ no.138/2007and the regulation on the treatment
of the Oromia National Regional State prisoners, Regulation, No.48/1997, provides the right to
work of prisoners. The FDRE criminal code provides that prisoners are forced to work based on
their ability to work and their health conditions are medically proven. Similarly, the regulation
provides duration of time of work, remuneration, the ability and health conditions of prisoner for
performing a certain work.

The practice in East Shoa Zone is contrary to those of protected rights of prisoners. There is no
remuneration for their labor. They are forced to work without consideration of their ability and
health condition and the regulation on the treatment of the Oromia National Regional State
prisoners, regulation does not provides the duration of work of time.

RECOMMENDATION

This research papers has attempted to provide recommendation that would contribute to the
effective protection and promotion of prisoner rights. I have to recommend as follows:
 The national human rights commission and the office of ombudsman may better placed in the
monitoring and evaluation of the prisoner right including the right to work, remuneration and
other.
 The regulations for the treatment of prisoners in the ONRS regulation No.48/1997 should
entirely be revised. These laws were not promulgated in the manner to protect the overall
prisoners’ right to work in line with both the FDRE Constitution and the International Prisoners’
Rights to work. Therefore, these regulations should be enacted in the way to protect the
prisoners’ right; particularly, the right to work and paid appropriate payment.
 East Shoa Zone prison administration shall pay appropriate payment for those prisoners who are
compelled to work.
 Before compelled or ordered prisoners to work, their health situation must be considered by the
prisoner administrations whether prisoners are fit to the work or not.
 The prison administration should read and follow the prison administration regulation to manage
their prisoners’ property.

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http://www.ilo.org/dyn/onormlex/en/f?p=NORMEXPUR:12100:0::P12100-ILO-CODE:c29

Domestic Laws

The Federal Democratic Republic of Ethiopian Constitution of 1995, 1st year No.1, 21st

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

9 th of May, 2005

Council of Ministers Regulations on the Treatment of Federal Prisoners, regulation No.

138/2007, Federal Negarit Gazetta, 13th years, No.47.

Councils Regulations on the Treatment of prisoners of Oromia National

Regional State prisoners, Regulation No. 48/1997,

Proclamation to Provide for the Establishment of Federal Prisons Commission, proc.

No.365/2003,9thYearNo.90,

International and Regional Law

International Covenant on Civil and Political Rights adopted by General Assembly resolution

2200 A (XXI) of 16 December 1966.

International Covenant on Economic, Social and Cultural Rights adopted by General Assembly

Resolution 2200 A (XXI) of 16 December 1966.

Kampala Declaration on Condition of Prisoners in Africa, 1996

International Labour Organization convention on Employment Convention, C122, 09 June 1964

International Labour Organization convention on forced labour convention No 29/1930

International Labour Organization convention on Worst forms of Child Labor Convention, c182,
17 1999

Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations

Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955.

Universal Declaration of Human Rights on 10 December 1948, by its resolution 217 A (III), the
General Assembly of the United Nations.

በሕግታራሚዎችሚሞላመጠይቅ

የእኔስምደረጃምስጌሲሆንበአዳማሳይንስእናቴክኖሎጂዩኒቨርሲቲየ 5 ኛአመትየህግተማሪስሆንበአሁኑሰአትየመጀመሪያዲ
ግሪየመመረቂያፅሑፌንየህግታራማዎችስራየመስራትመብትበምስራቅሸዋዞንማረሚያቤትህጉእናተግባሩበሚልርዕስላይእየሠራ
 ሁስለሆኑስራእንደሚበዛብዎትባውቅምየዕርስዎንመልካምፈቃደኝነትእናይህንንመጠይቅመሙላትለጥናቱወሳኝበመሆኑእንዲሞ
ሉልኝበአክብሮትእጠይቃለሁ፡፡

ክፍልአንድ፡ጠቅላላሁኔታ

ስም፡_________________________

ፆታ፡___________

ክፍልሁለት

1. በማረሚያቤትውስጥስራየመስራትመብትአለህ/ሽወይ?
____________________________________________________________
2. ከላይላለውጥያቄመልስዎአለኝከሆነየስራትዕዛዝሲሰጥዎትለማሠሩትስራክፍያአለው?
_________________________________________________________
3. መልስዎአዎንከሆነየሚለከፈለውክፍያተመጣጣኝነውትላለህ/ሽ?
_______________________________________________________________
4. የስራሁኔታዎችለስራዎቹምቹናቸውትላለህ/ሽ?
_______________________________________________________________
5. የምትሠራው /የምትሠሪውስራአቅምናችሎታንመሠረትያደረገነው?
_______________________________________________________________
6. በቀንለምንያክልሰአትትሠራላችሁ?
7. በአስተዳደርአካላትእናበጥበቃፓሊሶችየማሞላ

የእኔስምደረጃምስጌሲሆንበአዳማሳይንስእናቴክኖሎጂዩኒቨርሲቲየ 5 ኛአመትየህግተማሪስሆንበአሁኑሰአትየመጀመሪያዲ
ግሪመመረቂያፅሁፌንየህግታራሚዎችየስራየመስራትመብትበምስራቅሸዋዞንማረሚያቤትህጉእናተግባሩበሚልርዕስላይእየሰራ
 ሁስለሆነስራእንደሚበዛብዎትባውቅምየዕርስዎመልካምፈቃደኝነትእናይህንመጠይቅመሙላትለጥናቱወሳኝበመሆኑእንዲሞሉል
ኝበአክብሮትእጠይቃለሁ፡፡

ክፍልአንድ፡ጠቅላላሁኔታ

ስም: __________________________

ፆታ: ___________

ሀላፊነት: _________________________

ክፍልሁለት

1. ታራሚዎችስራየመስራትመብትአላቸዉ?
_______________________________________________________________
2. ስራእንዲሠሩሲገደዲክፍያአለው?
_______________________________________________________________
3. ከላይባለውጥቃቄመልስዎ“አዎ”ከሆነየሚከፈላቸውክፍያከማሠሩትስራጋርተመጣጣኝነውተላላህ/ሽ?አብራራ/ሪ
___________________________________
_______________________________________________________________
4. የስራቦታውንበተመለከተለሠራተኞችይመቻልትላለህ/ሽ ?
_______________________________________________________________
5. ታራሚዎችከስራግዳጅጋርተያይዞምንምንመብቶችአሏቸው?
_______________________________________________________________
6. የህግታራሚዎችበቀንለምንያክልሠአትእንዲሠሩይገደዳሉ?
_______________________________________________________________