Abstract:
This study examines the normative, institutional and practical aspects of Community Service in Ethiopia compared
to that of Zimbabwe and Uganda. This form of punishment is imposed for minor crimes and requires offenders to
perform certain works and services than facing jail. The Code provides certain preconditions for the imposition of
this punishment; the ability to discharge the sentence and non-dangerousness of the offender.
This researcher has employed a doctrinal and qualitative non-doctrinal research method. For the non-doctrinal
part, the methods of data collection used were semi-structured interview, FGD and investigation of court files.
And, the researcher found the following normative, institutional and practical problems.
Normatively, Community Service is not sufficiently regulated scheme in Ethiopia. For instance, the law is not
specific on: the means through which the courts would know the existence of works and placement institutions; the
issue of matching the skill of offenders and available works; the constituents of failure to discharge the Order; the
effect of commission of crime during the period of Community Service; the procedures to be followed in securing
the attendance of offender before the court when s/he breached the Order; the maximum and minimum working
hours per day. The researcher has found other preconditions to be considered before passing Community Service
Punishment.
In addition, it has been argued that fixing the duration of Community Service in days/months poses difficulty of
enforcement, particularly where the offender is an employee. Furthermore, perfect equivalence between the length
of imprisonment and the duration of Community Service does not seem practicable and logical. Further, automatic
revocation and/or impositions of imprisonment in case of failure to discharge the Order would not be a tenable
response, and other preliminary measures such as warning and imposition of fine without revoking the Order must
be tried.
Despite its long existence, Community Service in Ethiopia, unlike in Zimbabwean and Ugandan, is rarely practiced
all over the country, and lots of offenders who committed crime punishable with a term not exceeding 6 months go
to jail. This in turn will create prison overcrowding with its adverse effect on the condition of prisoners, expense of
government and rehabilitation of offenders.