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

CLAMATION NO. 1178/2020
A PROCLAMATION TO PROVIDE FOR THE PREVENTION AND SUPPRESSION OF TRAFFICKING IN PERSONS AND THE
SUMGGLING OF PERSONS

WHEREAS, trafficking in persons, the smuggling of persons and illegal
oversea employment crimes are causing serious harm to physical, life and safety of citizens and exposing to grave violations of human rights;

WHEREAS, a Proclamation promulgated for the Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants No. 909/2015 lacks clarity, inconsistent with other laws and does not provide adequate responses to the problem; thereby necessitated for replacement with a new and comprehensive legal framework;
WHEREAS, in accordance with Article 18 of the Constitution of the Federal Democratic Republic of Ethiopia prohibits trafficking in human in any manner; as well as Ethiopia, have ratified the protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children and the Protocol Against the Smuggling of Migrants by Land, Sea and Air issued by the United Nations; necessitated enactment of detailed law for the implementation;

RECOGNIZING, the duty of the government to respect and protect rights and benefits persons conferred by nature and law; necessitated enacting legal framework and creating a system that enable crime prevention, holding perpetrator accountable, protecting and rehabilitating victims specially to undertake activities that reaches section of the society vulnerable to the crimes and in taking into consideration the age, sex and special needs of the victims and facilitating international cooperation;

NOW, THEREFORE, in accordance with Article 55 (5) of the Constitution of
the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE GENERAL
1. Short Title

This Proclamation may be cited as the “Prevention and Suppression of
Trafficking in Persons and Smuggling of Persons Proclamation No. 1178/2020”.
2. Definitions
In this Proclamation unless the context otherwise requires:

1/ “Organized criminal group” means a structured group of three or more
persons living and operating in Ethiopia or elsewhere, existing for a limited or
unlimited period of time and acting in concert with the aim of committing one or more
offences stipulated under this Proclamation, in order to obtain, directly or indirectly
a financial or other material benefit;
2/ “Slavery” means the status or condition of a person over whom any or all the powers attaching
to the right of ownership are exercised;

3/ “Servitude” means the conditions or the obligations to work or to render services
from which the person cannot escape, prevent or alter;

4/ “Sexual or other forms of sexual activities” means pimping out, using or
deploying a person for prostitution, or causing a person to engage in immoral acts,
especially by exhibiting one’s nakedness or sexual parts for the view of others,
including the recording of these acts through the use of a photograph, video,
audio or any other means for the purpose of distribution;
5/ “Labor exploitation of children” means causing a child to work or provide a
service in a manner other than those permitted by law or contrary to the age or
physical strength of the child;
6/ “Grave physical injury” means the situation described under Article 555 of the
Criminal Code;
7/ “Victim” means a person subjected to one or more of the criminal offences stipulated under
this Proclamation and having suffered physical, psychological or economic
harm, or violation of rights; or though not suffered from such harm or not subject to such
violation for the purpose of providing protection and support provided under this
proclamation includes person vulnerable or exposed to the crime;

8/ “Property associated with the crime” means property used in the commission of crime
provided under Article 3, 4, 8, 9, 10 or 11 of this Proclamation, direct or indirect
proceeds of the crime, property produced from proceeds of the crime, and includes, when
the property obtained through these conditions is not found, equivalent property of
the offender;

9/ “Region” means any state referred to under Article 47 (1) of the Constitution of
the Federal Democratic Republic of Ethiopia, and for the purpose of this
Proclamation, it includes Addis Ababa and Dire Dawa City Administration;
10/ “Child” means any person under the age of 18 years;
11/ “Criminal Code” means the Criminal Code of the Federal Democratic Republic of
Ethiopia 2004 promulgated with Proclamation No. 414/2004;
12/ “Police” means Federal Police or Regional State Police to whom the power
of Federal Police is delegated with respect to this Proclamation;
13/ “Person” means any natural or juridical person;
14/ Any expression in the masculine gender includes the feminine.
PART TWO TRAFFICKING IN PERSONS, SMUGGLING OF PERSONS, UNLAWFUL SENDING OF PERSON ABROAD FOR WORK AND RELATED CRIMES
SECTION ONE TRAFFICKING IN PERSONS

3. Act of Trafficking in Persons

1/ Any person who holds another person in slavery or practices similar to slavery,
servitude or debt bondages; exploited in removing organs or prostitution or other forms
of sexual activities of another person; engages another person in forced labor or
service, begging or criminal act, forced marriage, surrogacy, or exploited children in
labor, or commit exploitation similar to these acts shall be punishable with Seven
years to Fifteen years of rigorous imprisonment and fine from Twenty
Thousand to One Hundred Thousand Birr.
2/ A person who pass through a criminal process stipulated under Sub-Article (1) of this
Article, whether the exploitation is started or completed, the perpetrator as well
as his collaborates shall be punishable with rigorous imprisonment from Seven years to Twelve
years and with fine from Forty Thousand to One Hundred Thousand Birr.
3/ The recruitment, transportation, transferring, harboring, hiding or receipt of a child
for the purpose of exploitation shall be considered “trafficking in persons” even
if this does not involve any of the means mentioned in Sub-article (2) of this Article;
4/ If the means mentioned under Sub-Article
(2) of this Article have been used, the fact that the victim is consented or have the
knowledge to the exploitation shall not relief the perpetrator from criminal
liability.
5/ For the purpose of this sub-section `means mentioned` means threat or use of force or other
means of coercion, or abduction, fraud, of deception, abuse of power or of a position of
vulnerability, or by the giving or receiving of payments or benefits to achieve the
consent of a person having control over the person.

4. Aggravating Circumstances

1/ Where the crime stipulated under Article 3(1) or (2) of this Proclamation
is committed:-
a) against a child or mentally ill or physically disabled;
b) by using drugs, medicine or weapons;

c) by a public official or civil servant and the person committed the offence by abusing
the powers entrusted to him; or
d) by an organization licensed to conduct domestic or foreign employment services by
abusing its license;
the punishment shall be rigorous imprisonment from Ten years to Twenty years
and a fine from Thirty Thousand to One Hundred Thousand Birr.
2/ Where the crime stipulated under Article 3
(1) or (2) of this Proclamation:-

a) was committed being a member, a leader or coordinator of an organized criminal
group;
b) resulted chronic disease on the victim; or
c) Endangered the life or safety of the victim or caused grave bodily injury to the
victim or subjected for inhuman treatment;

the punishment shall be rigorous imprisonment of Fifteen years to Twenty- Five
years and with fine from Fifty Thousand Birr to Two Hundred Thousand Birr.
d) Where the offence causes the death of the victim, depending on the
circumstances of the case, the punishment shall be rigorous
imprisonment from Fifteen years to Twenty Five years or life
imprisonment or death and fine from Fifty Thousand to Two Hundred Thousand Birr.
3/ Where the act committed is child labor exploitation, the aggravating circumstance of
being against child stated under Sub- Article (1) letter (a) of this Article shall not be
applicable for aggravation.
5. Assisting the act of Human Trafficking

Without prejudice to provision of the criminal code regarding accomplice, any
person knowing that it is to be used for purpose of human trafficking:-
1/ Permit or rent house, building or premises of his own or in his control or
provide transport service or transport the victims shall be punishable with
rigorous imprisonment from three years to seven years and fine from Ten Thousand to Fifty Thousand Birr.
2/ Produced, give, provide or holds fraudulent, falsified or illegal identity card or
travel document shall be punishable with rigorous imprisonment from five years
to fifteen years and fine from Ten Thousand to Fifty Thousand Birr.
6. Presuming Purpose of Exploitation
Where it is proved that a person recruit, transport, transfer, harbor, hide
or receive another person using means mentioned under Article 3(2) of this
Proclamation; or without using means mentioned commit such act against child;
presumption may be made on basis of circumstantial evidence for which exploitation
purpose the person committed such act.
7. Exploitation of the Prostitution of Others

Apart from the circumstances stipulated under Articles 3 and 4 of this Proclamation,
any person for the purpose of benefiting from the prostitution or immorality of
another or to gratify the sexual passions of another, causes another to engage in
prostitution, acts as go between, procures, keeps in a brothel, uses or rents out his
residence or place of business for this purpose in whole or in part or uses the
prostitution or immorality of another in any other manner shall be punishable with rigorous
imprisonment from one year to five years and fine from Ten Thousand to Fifty Thousand
Birr.

SUB-SECTION TWO
CRIME OF SMUGGLING OF PERSONS

8. Smuggling

1/ Any person who, for direct or indirect financial or material gain for himself or
for another person, enables a person to illegally enter into the territory of
Ethiopia, exit the territory of Ethiopia, transit through the territory of
Ethiopia, or to cause exit of another person from Ethiopian territory make
preparation, found in the process, transport or receive shall be punishable
with rigorous imprisonment from Five years to Ten years and fine from Ten Thousand to
One Hundred Thousand Birr.
2/ Where the offence stipulated under Sub- Article (1) of this Article is committed:-
a) against a child, mentally ill or physically disabled;
b) by using drugs, medicine or weapons;

c) by a public official or civil servant and the person committed the offence by abusing
the powers entrusted to him; or
d) by an organization licensed to engage in foreign employment services by abusing its license; the punishment shall be rigorous imprisonment of seven years to fifteen years and fine from Twenty Thousand to One Hundred Thousand Birr.
3/ Where the offence stipulated under Sub- Article 1 of this Article:-
a) resulted in grave bodily injury or chronic disease or permanent mental disorder
on the victim;
b) committed by an offender being a member, a leader or coordinator of an organized criminal group; or

c) Endangered the life or safety of the victim or the victim subjected for inhuman
treatment; the punishment shall be rigorous imprisonment of ten years to twenty years and with fine from Thirty Thousand to One Hundred Fifty Thousand Birr.
d) has resulted in the death of the victim, depending on the circumstances of the case, the
punishment shall be rigorous imprisonment from Fifteen years to Twenty Five years
or life imprisonment or death and fine from Fifty Thousand to Two
Hundred Thousand Birr.
9. Assisting Illegal Stay

1/ Whosoever, for direct or indirect financial or material gain for himself or for another
person, assists a foreigner to stay or live in Ethiopia knowing that the foreigner does not
have a valid residence permit by producing or procuring forged documents, or in any
other illegal manner is punishable with rigorous imprisonment of from five years to ten
years and fine from Ten Thousand to Fifty Thousand Birr.

2/ Where the offence stipulated under Sub- Article (1) of this Article was
not committed for gain, the appropriate provisions of criminal law shall
be applicable.
10. Documents used to Smuggle

Whosoever, for direct or indirect financial or material gain for himself or for another
person, prepares, is found in possession of, provide or transfers forged or a falsified
travel document or identity card for use in the commission of smuggling of persons shall
be punishable with rigorous imprisonment of five years to fifteen years and fine from
Ten Thousand to Fifty Thousand Birr.

SECTION THREE
CRIMES OF OVER SEA EMPLOYMEENT

11. Unlawful Sending of Person Abroad for Work
9. Assisting Illegal Stay

1/ Whosoever, for direct or indirect financial or material gain for himself or for another
person, assists a foreigner to stay or live in Ethiopia knowing that the foreigner does not
have a valid residence permit by producing or procuring forged documents, or in any
other illegal manner is punishable with rigorous imprisonment of from five years to ten years and fine from Ten Thousand to Fifty Thousand Birr.

2/ Where the offence stipulated under Sub- Article (1) of this Article was
not committed for gain, the appropriate provisions of criminal law shall
be applicable.
10. Documents used to Smuggle

Whosoever, for direct or indirect financial or material gain for himself or for another
person, prepares, is found in possession of, provide or transfers forged or a falsified
travel document or identity card for use in the commission of smuggling of persons shall
be punishable with rigorous imprisonment of five years to fifteen years and fine from
Ten Thousand to Fifty Thousand Birr.

SECTION THREE
CRIMES OF OVER SEA EMPLOYMEENT

11. Unlawful Sending of Person Abroad for Work
Apart from the circumstances stipulated under Article 3 and 8 of this Proclamation፡-
1/ Any person who sends person abroad for work without having obtained a license or while
the license has been suspended or canceled or send to a country which permission
is not granted under the license is punishable with rigorous imprisonment from seven years to
twelve years and fine from Twenty Thousand to One Hundred Thousand Birr.
2/ Where the crime stipulated under Sub- Article 1 of this Article is committed with
the pretext of visit, medical, educational or similar visas; the punishment shall be
rigorous imprisonment from seven years to fifteen years and fine from Thirty
Thousand to One Hundred Thousand Birr.

3/ Where the person sent abroad, owing to the act stipulated under Sub-Article (1) or (2)
of this Article, suffers harm to his human rights, life, body or psychological makeup, the
sender shall be punished with rigorous imprisonment from fifteen years to twenty- five years or
life imprisonment and with fine from Fifty Thousand to Two Hundred Thousand Birr.

12. Offences Committed in Connection with Overseas Employment Services

Whosoever having a license to provide oversea employment services receives money or
materials from the worker in consideration of the employment services; withholds or
refuses identity card, passport, travel documents or any other document of the worker
without his consent either before or after the worker engaged in work; causes the
worker to abandoned benefits he is entitled to through deceit or other means, or
withholds, even with permission of the worker, the salary or property of the worker or monies
transferred by the worker shall be punishable considering the circumstances of
the case with rigorous imprisonment from three years to seven years and fine
from Thirty Thousand to Seventy Thousand Birr.
SUB-SECTION FOUR RELATED CRIMES

13. Failure to Report the Commission of an Offence

Whosoever without justifiable cause fails to report immediately to the police or appropriate
law enforcement organ knowing that any act provided for in Articles 3,4, 8, or 11 of
this Proclamation is committed or being committed or knowing the identity of the
suspect or provides false information shall be punishable with not less than
three months simple imprisonment; where the act is grave the punishment shall
be rigorous imprisonment from one year to five years.
14. Offence Against Whistle Blowers or Witnesses

1/ Whosoever interferes to prevent a person who may be whistleblower or witness or who has evidence of crime provided under this Proclamation from giving information or evidence to justice authorities or being a witness in an investigation or judicial proceeding by using sabotage, violence, threat or by extending undue advantage, by inducements or getting involved in any other way against such person or a person who has close relationship with him shall be punished with rigorous imprisonment from three years to seven years.
2/ Whosoever assaults, threats, or causes harms to any person or a person who has close relationship with such person, for the fact he gave information or evidence to justice authorities or appeared as witness in an investigation or judicial proceeding of crime provided for in this Proclamation shall be punishable with rigorous imprisonment from three years to seven years.
3/ Where the crime mentioned in Sub-Article
(1) or (2) of this Article entailed grave harm to the body or health of the victim or his
death, the relevant laws related to these crimes shall apply concurrently.

15. Destroying Evidence

1/ Whosoever destroys, damage, or hide intentionally any evidence to be used in the
course of investigation or judicial proceedings of crime provided under this
Proclamation shall be punishable with one year to three years rigorous imprisonment.

2/ Where the acts provided for under Sub- Article (1) of this Article committed in
grave manner or where the evidence considered as substantial in the
investigation or judicial proceeding of terrorism crime and to be used to prove acts
provided under article 3, 4, 8 or 11 of this Proclamation the punishment shall be rigorous imprisonment from three years to ten years.
3/ The provisions of Sub-Article (1) and (2) of this Article shall be applicable even where the
investigation, trial or judgment has proceeded, or the accused has been found guilty
of the offence.

16. Aiding Suspect not to be Prosecuted

1/ Whosoever knowingly saves from prosecution, a person who is suspected
or accused of committing one of the crimes provided for under Article 3, 4, 5, 8, 9, 10 or
11 of this Proclamation whether by warning or hiding him, by concealing or
destroying the traces, by misleading the investigation, or in any other way, shall be
punishable with rigorous imprisonment from three years to five years.

2/ The fact that arresting of the suspect or prosecution or successfully conducting and
completion of the investigation shall not release from liability the person who has
committed the act stipulated under Sub- Article (1) of this Article.
17. Concealing Property

1/ Any person with intention of preventing forfeiture concealed, damaged or disguised in any other manner a property associated with the crimes shall be punishable with rigorous imprisonment of three years to seven years and fine of Ten Thousand Birr to Fifty Thousand Birr.
2/ Notwithstanding the provisions of Sub- Article (1) of this Article, where the
act was committed for the purpose of money laundering, the relevant provisions of the
Prevention and Suppression of Money Laundering and Financing of Terrorism
Proclamation Number 780/2013 shall be applicable.
18. Criminal Liability of a Juridical Person

1/ Notwithstanding Article 90 (1), (3) and
(4) of the Criminal Code, where any offence stipulated under this Proclamation is
committed by a juridical persons, the penalty shall be a fine:
a) not exceeding Five Hundred Thousand Birr for a crime punishable with simple
imprisonment or rigorous imprisonment of up to five years;
b) from Five Hundred Thousand Birr to One Million Birr for a crime punishable with rigorous
imprisonment of Five years to Fifteen years;
c) from One Million Birr to Two Million Birr for a crime punishable with rigorous
imprisonment of fifteen years to twenty years;
d) from Two Million Birr to Three Million Birr for a crime punishable with
rigorous imprisonment exceeding twenty years or with death;
2/ In addition to the punishment stipulated under Sub-Article (1) of this Article,
the Court may, at the request of the prosecution or on its own initiative, decide
to dissolve the organization or confiscation of its properties.
3/ The punishment stipulated under Sub- Article (1) of this Article may not preclude
the individual criminal liability of the owner, manager, employee or other person having participated in the commission of the crime on behalf and for the benefit of the organization.
SECTION THREE
CRIME PREVENTION, INVESTIGATION AND APPROPRIATION OF PROPERTY

19. Protection of Persons Vulnerable to Danger

1/ Where police reasonably suspect that a crime of trafficking in persons
or smuggling of persons has been, is being or likely to be committed:-

a) search any of transport, house, location or premises to rescue persons
subjected to or harmed by the act;

b) stop and investigate persons crossing or in the process of crossing a border; however, have the duty to conduct the investigation forthwith and release persons who are not victims or suspects.

2/ The police shall conduct search of house or premises under the provisions of Sub-
Article (1) (a) of this Article with a court order. Nevertheless, the police may,
in urgent situation, conduct a search without a court order, provided that the results of
such search shall be presented to the court within seventy-two hours. The court shall issue
appropriate orders having examination including existence of urgent
situation.
3/ Where the police discover victims in conducting the measures stipulated under
the provisions of Sub-Article (1) of this Article, shall transport the victim to centers
where he can receive appropriate care and support.
4/ The police may order any governmental and non-governmental medical institution to avail
proper medical treatment to victims suffering serious illness or injury
discovered in undertaking the responsibilities under Sub-Article (1) of
this Article.
5/ A medical institution having provided services as a result of the action stipulated
under Sub-Article (4) of this Article shall be paid from the Fund. The conditions of
payment shall be determined by the regulations to be issued on
the administration of the Fund.

20. Freezing and Seizing of Property Associated with a Crime

1/ Without prejudice to the provisions of other laws dealing with exemption of property from
freezing and confiscation, the court may on its own initiative or upon
application by the prosecution or the police issue an order, including other temporary
measures for the protection of the properties, of freezing or seizure
of properties associated with a crime that may be subject to confiscation under the
provisions of this Proclamation.
2/ The police, prior to the filing of charges, or prosecutor, after the filing of charges, may
submit an application supported by affidavit to the court for the freezing or
seizure of properties associated with the crime.
3/ Where the order for freezing or seizure has been issued in the absence of the accused, the investigator or prosecutor shall serve the order and affidavit to the accused or other person claiming a right or interest in the property. Where the accused cannot be found, the order shall be served at his permanent address.
4/ The court having issued a temporary order pursuant to Sub-Article (1) of this
Article may lift the order at any time by its own initiative or upon application
by the prosecutor, the suspect or other person claiming a right to the property.
5/ Notwithstanding the provisions of Sub- Articles (1) of this Article, in urgent
situation the head of the relevant prosecution office mandated to make a decision on the
criminal case may issue a temporary freezing order valid for a period of
seventy-two hours. However, the prosecutor shall submit reasons for freezing the property to the court before the seventy-two hours lapses; the court shall issue the appropriate orders.
6/ For the implementation of this Article, “freezing” shall mean a prohibition on the
transfer, conversion, disposition or movement of property by a court order for
given duration or for the period of seventy- two hours as per Sub-Article (5) of this
Article.
7/ For the implementation of this Article, “seizure” shall mean the administration of
frozen property by administrator appointed and supervised by a court.
21. Confiscation of Property

1/ The court having the jurisdiction to entertain criminal cases indicated under
this Proclamation shall order the confiscation of properties associated with the crime:-
a) where it finds the accused guilty of the offence; or
b) though rendering verdict of guilty is impossible due to the offender has been
not known, disappeared, dead, or the investigation or prosecution has been suspended for any
reason or due to any other reason, if it is ascertained that the property has association with
the offence.
2/ The court shall, prior to issuing an order for confiscation of property associated with
the crime pursuant to this Article, give an opportunity to be heard to persons who claims
that he has a right or interest in the property.
3/ Property confiscated pursuant to this Article shall be awarded to the fund established in
accordance with the provisions of this Proclamation.
22. Appointment of Property Administrator
1/ The court may, before awarding the property associated with the crime to the fund,

a) appoint administrator to the property;

b) order a person in possession or trustee or care taker of the property to give the
property;
c) order the administrator to take in his possession, protect and administer the
property;
d) give powers that enable the administrator to protect, administrate and
improve the property he was appointed as administrator;
e) entrust the administrator with the powers to sue and be sued regarding the
property he was assigned as administrator; to collect the rents, profits or
other incomes from the property, to use the proceeds for matters useful to the
administration of the property, or any other powers the court considers appropriate.

2/ The orders given by the court in accordance with Sub-Article (1) of this Article shall
take into account the expenses necessary for the administration of the properties. Where
the court finds it necessary, it may also order an Audit prior to the
appointment of the administrator.
3/ Where the administrator appointed in accordance with Sub-Article (1) of
this Article is a natural person, he should be of good conduct and have the necessary
capabilities, have no conflict of interest in the property, have no relationship with the accused
or anyone who have claim of right or interest against the property.
4/ Where the administrator appointed in accordance with Sub-Article (1) of
this Article is an organization with legal personality; it has to be proved that the organization has no Audit fault within the
past three years, has good financial system and no conflict of interest.
5/ The court appoints an administrator in accordance with this Article at its own
initiative or upon application by the police or public persecutor.

SECTION FOUR PROTECTION OF VICTIM,
REHABILITATION AND COMPENSATION
23. Returning Victims

1/ The Ministry of Foreign Affairs shall have the responsibility, in collaboration with the
appropriate governmental and non- governmental organizations, to repatriate to
Ethiopia victims who are Ethiopian nationals found in foreign countries.
2/ Where the victim has been detained or arrested in foreign country, the
Ethiopian diplomatic mission in the country the victim located or works close
to the location shall, in collaboration with concerned bodies, exert all possible
efforts to have the victim released and repatriated to Ethiopia.
3/ Ministry of Labor and Social Affairs and the labor and social affairs offices at
all levels shall, in collaboration with the appropriate governmental and
non- governmental organizations, return victims located within the country by providing the
necessary support as the situation they hold as well as repatriated from abroad to their respective
localities.
4/ Without prejudice to the provisions of other laws on visa, travel documents and other
matters, where a victim who is a foreign national found in Ethiopia, the Ministry of Foreign
Affairs shall, in collaboration with the appropriate bodies and the diplomatic mission of the
concerned country, facilitate the repatriation of the victim to his country of origin.
24. Protection and Rehabilitation of Victims
1/ 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.
b) be treated in a manner protective of their privacy and dignity and provided appropriate health, social services, legal and psychological counseling and support,
temporary shelter, and other similar services.

c) have the right to information on the nature of protection and support to be accorded, and status of the case during investigation and prosecution.

d) not be placed in a police station, detention center or prison facility
under any circumstances.
2/ Unless the situation of the victim so compels or the presence of the victim is necessary for the trial process and the victim is willing to give testimony, the victim shall not be placed in a temporary shelter for an extended period.
3/ The Authorities entrusted with power to prevent, investigate, prosecute or give
judicial proceeding regarding crimes stipulated under this Proclamation shall
have the responsibility to refer victim in contact, taking in to account situation of
the victim, to an institution where the victim can get better support and care.
4/ The Federal Urban Employment Creation and Food Security Agency, in
collaboration with the appropriate governmental and non-governmental
bodies, provide necessary rehabilitation support to victims residing in urban areas.
5/ The Rural Employment Creation and Food Security Agency in collaboration with the
appropriate governmental and non- governmental bodies, provide necessary
rehabilitation support to victims residing in rural areas.
6/ Without prejudice to the provisions regarding refugees provided in other laws,
where a victim who is a foreign national found in Ethiopia not having permanent
residence permit shall receive the appropriate support with the exception
victims economic empowerment rehabilitation service. He may also, as
appropriate, be provided with a temporary residence permit.
25. Protection of Witnesses

Where the life or property of any person or his family is endangered for being a witness or whistleblower of an offence stipulated under this proclamation, protection shall be given in accordance with the protection of Witnesses and Whistleblowers of Criminal Offences Proclamation No.699/2010.
26. Compensation
1/ The court may, in addition to the fines and penalties imposed upon passing verdict of
guilty for offences stipulated under this proclamation, award compensation to the victim
for harm suffered including medical, transport and other relevant cost incurred
by the victim as well as by other parties to rescue and care the victim.

2/ The court may award compensation of moral damages from One Thousand to Fifty Thousand
Birr for victims suffered moral damage for reason of commission of crimes stipulated
under this Proclamation.
3/ The compensation to be awarded in accordance with this Article may not under
any circumstances be less than the amount paid by the victim to the perpetrator, income
gained by the act or income lost or future lose by the victim due to the offence committed.
4/ The court may entertain the issue of compensation together with or as
separate from the criminal file by its own initiation or application of public prosecutor.
5/ Where the court has rewarded compensation to the victim in accordance with this
Article and ascertained that the accused is incapable to cover it, the court may, in
accordance with amount and condition set by the Regulations to be issued by the Council
of Ministers, order that the compensation and expenses be paid from the fund for
the victim and other parties incurred cost on behalf of the victim.
6/ Where payment made from fund in accordance with Sub-Article (5) of this
Article is not in full amount of compensation, the victim may demand
payment of the difference from the accused when he is capable to pay. The state also may demand reimbursement for payments made from the fund to the victim.

SECTION FIVE ESTABLISHMENT OF FUND
27. Establishment
A fund for the rehabilitation of victims of crime of trafficking in persons, the smuggling of
persons and unlawful sending of person abroad for work (hereinafter “the Fund”) has
been established under the provisions of this Proclamation.

28. Sources of Income
The source of income for the Fund shall be:- 1/ budget allocated by the government;
2/ properties confiscated and fines collected in accordance with this Proclamation;
3/ grants and aids from individuals, governmental and non-government organizations; and
4/ other sources of income to be approved by the Ministry of Finance.
29. Objective
The objective of the Fund shall be:
1/ to cover the costs of medical, psychological and legal counsel, transportation and other
services for victims;
2/ to provide material support to victims;
3/ to provide technical training and support for the economic empowerment of victims;
4/ to provide support for an effort to locate families and reintegrate victims with
their families and communities;
5/ for the construction of temporary shelters to victims; and
6/ to pay compensation determined by the court in accordance with Regulations to be issued
by the Council of Ministers.
30. Administration and Utilization of the Fund
The manner of the administration of the fund, utilization in providing service to
victims, amount and conditions a court orders compensation to be paid from
the fund and other related matters shall be determined by Regulations to be issued by
the Council of Ministers.
31. The Accounts and Audits of the Fund

1/ The books of accounts and other financial records of the Fund shall be audited
annually by the Auditor General or by the Auditor assigned by the Auditor General.
2/ The body responsible for the administration of the Fund shall submit an Audit report to the
body to whom it is accountable within four months following the end of the budget year.
32. Budget Year

The budget year of the Fund shall be the budget year of the Government.

SECTION SIX
THE NATIONAL COUNCIL, INSTITUTIONAL ROLES AND COOPERATION

33. Establishment of the National Council

1/ A Council at national level to coordinate the prevention and control of the crimes of
trafficking in persons, smuggling of persons and unlawful sending of person abroad
for work (hereinafter “the National Council”) is hereby established under this Proclamation.
2/ The National Council shall be accountable to the Prime Minister.
3/ The National Council shall be chaired by the Deputy Prime Minister and shall composes
the Federal Attorney General, the Ministry of Foreign Affairs, the Ministry of Peace, the
Ministry of Labor and Social Affairs, the Refugees and Returnees Affairs Agency, the Ministry
of Women’s, Children’s and Youth Affairs, the Commission of Job Creation, the Ministry of
Health, the Federal Police Commission, the National Bank, the Central Statistics
Agency, the National Intelligence and Security Services, Regional
Governments, the Civil Societies Agency, Religious Institutions, and other concerned
bodies to be nominated by the Deputy Prime Minister.

4/ Members of the National Council shall be represented either by the Head or Deputy of
the Organization.
5/ Regional States may establish similar council composed of relevant institutions
of the region which is accountable to the president of the region.
34. Function and Responsibilities of the National Council
The National Council shall፡-
1/ initiate policies, laws and strategies for the prevention and control of the crimes of
trafficking in persons, smuggling of persons and unlawful sending of person abroad
for work; coordinate, if there are, bodies clearly mandated to initiate policies, laws and
strategies on these matters and follow ups implementation upon approval;

2/ issue a Directive for the creation of a national referral mechanism for the rescue,
rehabilitation, provision of support, reintegration of victims and other related
matters;
3/ coordinate, for initiation of policy, law or strategy, organs entrusted with
function and responsibilities related to matters of internal displacement, refuge or
migration; follow up its implementation.
4/ provide recommendation as to providing support and response to section of the
society vulnerable to refuge and migration, job creation and other related matter manners
of implementation; follow up the execution of these matters by the organs mandated to
and provide appropriate assistance;
5/ give operational guide to the National Partnership Coalition, approve programs
and action plan of the coalition, follow up on its implementation and provide redress for
gaps.
6/ issue Directives regarding its internal working procedures and relationship
with the National Partnership Coalition.

35. Establishment of the National Partnership Coalition
1/ A National Partnership Coalition for the Prevention of the crimes of trafficking
in persons, smuggling of persons and unlawful sending of person abroad
for work (hereinafter “the National Partnership Coalition”) is hereby established under this
proclamation.
2/ The National Partnership Coalition shall be accountable to the National Council.

3/ The National Partnership Coalition to be chaired by the Federal Attorney General,
shall incorporates, with the exclusion of Regional States, the bodies listed under
Article 33 (3) of this Proclamation.
4/ The internal structure and working procedures of the National Partnership
Council shall be determined by a Directive to be issued by the National Council.
5/ The Regional States, to implement this law, shall establish Regional Partnership
Coalitions incorporating bodies relevant to their respective context and to be led by the justice
bureaus.
36. Function and Responsibilities of the National Partnership Coalition
The National Partnership Coalition shall:
1/ submit to the National Council by undertaking research and
preparing policies, strategies and laws that enables the prevention and control of the crimes
of trafficking in persons, smuggling of persons and unlawful sending of person
abroad for work and the rehabilitation of victims; coordinate the implementation upon
approval by the appropriate body.

2/ develop directives of national referral system and implementation
procedure, regarding rescuing, rehabilitation, provision of support,
reintegration of victims and other related matters; coordinate implementation
of the same upon approval by the National Council.
3/ coordinate concerned bodies for the development of policies, laws
and strategies frameworks and implementation procedures regarding internal displacement,
refuges and migrations, job creation and other related matters; follow up
implementation up on approval by concerned body.
4/ prepare program and action plan for realization of its functions
and responsibilities; implement up on submission and approval by the
National Council.
5/ follow up institutions unilaterally entrusted with function and responsibilities related
with matters covered by this Proclamation as to their proper execution of such function
and responsibilities.
6/ periodically submit report to the National Council; implement given feedbacks.
7/ undertake the responsibilities indicated under Article 15(2) of
Proclamation Number 923/2016.
8/ Perform other responsibilities allocated to it by the National Council.
37. Secretariat of the Coalition

1/ The Federal Attorney General shall organize a secretariat office that support
and coordinate the National Partnership Coalition for undertaking its function and
responsibilities.
2/ The Regional Public Prosecutor Offices shall organize a secretariat office
that support and coordinate the respective Regional Partnership Coalition.
38. Responsibilities of the Federal Attorney General
Without prejudice to the powers and duties assigned to it under other laws, the
Federal Attorney General shall፡
1/ create awareness to the public and concerned bodies as to the
responsibilities of law enforcement bodies, laws promulgated to prevent and
control the crimes, the means of recruitment employed by criminals, the types and
means of exploitation and other related matters to prevent and control crimes stipulated
under this Proclamation;
2/ undertake capacity building activities regarding the crime
prevention, investigation, evidence scrutiny and related matters for Federal and Regional
police, prosecutors and judges.
39. Responsibilities of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall:
1/ organize and disseminate, in collaboration with the National Intelligence and Security
Service, Ministry of Labor and Social Affairs and other relevant bodies, the data,
country they are found, conditions they are in and other related issues of victims who are
Ethiopian nationals living in foreign country;
2/ cause the return of victims found in foreign country and transfer them to the Ministry
of Labor and Social Affairs;
3/ communicate periodically, using through various means, to victims residing in
destination countries of crime of trafficking in persons, smuggling of
persons and unlawful sending of person for work abroad as to the level of the risks in respective
countries; provide the necessary support for the establishment of communities
and for the protection of their rights and interests in the respective countries.
40. Responsibilities of the Ministry of Labor and Social Affairs

The Ministry of Labor and Social Affairs shall organize, in collaboration with the Federal and
Regional Police, Regional Labor and Social Affairs Bureaus and other institutions, data
of victims found in the country as to their current location, the conditions they are in and
other relevant matters and disseminate to relevant bodies; in addition, the
Ministry in collaboration with concerned governmental and non governmental bodies creat awareness to the society on bad feature of trafficking in
person and smuggling of persons.

41. Responsibilities of the Federal Police

The Federal Police shall work, as the case may be in investigation, information exchange,
capacity building and similar matters, in collaboration with the Federal
Attorney General, National Security and Intelligence Service, Ministry of Labor and
Social Affairs and other stakeholders to prevent and control the crimes stipulated under
this Proclamation,.
42. Judicial Powers
1/ The Federal First Instance Court shall have first instance jurisdiction over matters
stipulated under the provisions of this Proclamation.
2/ Cases involving matters stipulated under Article 4 (2) and Article 8(3) of
this Proclamation shall be tried in a bench presided by three judges.
43. International Cooperation

1/ The Federal Attorney General፡-
a) shall cooperate with the competent authority of another country in the
investigation, extradition of criminals, exchange information and mutual legal
cooperation in relation to crimes stipulated under this proclamation based on the
principle of reciprocity, agreements to which Ethiopia is a party and in line with
the country’s legal system; and serves as a central authority.
b) may, as appropriate, sign various cooperation framework agreements with
other countries to prevent crimes stipulated under this Proclamation and to bring suspects to
justice.
2/ Without prejudice to the provisions of Sub- Article (1) of this Article, the
Federal police may engage in information exchange, mutual cooperation and sign
a memorandum of understanding, with regard to mandate given by law to it, with
institution of another country which have similar mission based on the principle of
reciprocity and legal framework of Ethiopia.
SECTION SEVEN MISCELANEOUS PROVISIONS

44. Transitory Provisions
1/ Unless this Proclamation favors the accused person, all pending cases before
the coming in to force of this proclamation shall continue to be governed
in accordance with the Prevention and Suppression of Trafficking in Persons and
Smuggling of Migrants Proclamation No. 909/2015 or other appropriate laws.
2/ Directives enacted in accordance with the provisions of the Prevention
and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909/2015
shall continue to have effect in a manner consistent with the provisions of this proclamation
until replaced by other directives.
45. Repealed Laws and Inapplicable provisions
1/ The Prevention and Suppression of Trafficking in Persons and Smuggling of
Migrants Proclamation No. 909/2015 is hereby repealed.
2/ The provisions of Article 243 (2) and (3), from Article 596 to Article 599 and from
Article 634 to Article 638 of the Criminal Code are hereby repealed.
3/ The provisions of Article 243 (1) (b) of the Criminal Code and Article 20(2) of the
Immigration Proclamation Number 354/2003 shall not be applicable where the assistance made to
enable stay in Ethiopia is provided for financial or other material benefit.

46. Power to Issue Regulations and Directives

1/ The Council of Ministers may issue Regulations necessary for
the implementation of this Proclamation.
2/ The Federal Attorney General may issue Directives necessary for the
effective implementation of this Proclamation and Regulations issued pursuant to Sub-Article
(1) of this Article.
47. Effective Date

This Proclamation shall enter into force on the date of its publication in the Federal
Negarit Gazette.
Done at Addis Ababa on this 1st Day of April, 2020

SAHLEWORK ZEWDIE

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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