Freedom House notes that “women hold nearly 39 percent of seats in the lower house and 32 percent in the upper house, but in practice, the interests of women are not well represented in politics” (Freedom House, 4 February 2019, section B4). According to the USDOS, women
“remained significantly underrepresented across both elected and appointed positions”
(USDOS, 13 March 2019, section 3). During the year 2018, women were appointed to a number of prominent positions, including Sahle-Work Zewde as first female president (DW, 28 January 2019), Meaza Ashenafi as President of the federal Supreme Court, and Birtukan Mideksa as the head of Ethiopia's electoral board (Africanews, 11 October 2019).
According to the USDOS “women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by their lower levels of educational attainment and by traditional attitudes” (USDOS, 13 March 2019, section 6). A DW article notes that “the notion that girls do not belong in school persists in rural villages” and only 30 percent of the girls go to school after reaching eighth grade (DW, 28 January 2019).
The USDOS report further mentions widespread discrimination against women, especially in rural areas. Also, the law “contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children older than five”
(USDOS, 13 March 2019, section 6).
According to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) the “legal framework, including the Criminal Code of 2005, does not cover all forms of
75 discrimination against women and is not being implemented properly” (CEDAW, 14 March 2019, p. 3).
An article by The Independent cites Ellen Alem, a gender and development specialist at Unicef Ethiopia, as noting that Ethiopia has “very progressive laws for gender equality enshrined in the constitution”, however, “the problem is in translating those to reality” (The Independent, 7 January 2019).
5.4.1 Violence against women
Legal framework
The Setaweet Movement and Development Alternatives for a New Era (DAWN) in their February 2019 shadow report to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) note “the absence of specific laws on gender-based violence, domestic violence and sexual harassment” and further mentions that “sexual harassment is yet to be well-defined in the Ethiopian context, and marital rape has not been criminalized yet”
(Setaweet Movement/DAWN, February 2019, p. 3).
In its December 2018 Ehtiopia profile of the Social Institutions & Gender Index 2019, the Development Centre of the Organisation for Economic Co-operation and Development (OECD) notes that there “is no law addressing violence against women, including a comprehensive approach to address violence against women with specific provisions for investigation, prosecution and punishment of the perpetrator and protection and support services for survivors”. The OECD further explains that Article 564 of the Criminal Code criminalises domestic violence (OECD, December 2018, p. 4-5). This Article stipulates that the Articles 555-560 of the Criminal Code - which regard to injury - do also apply to persons committing
“violence against a marriage partner or a person cohabiting in an irregular union” (Proclamation No. 414/2004, 9 May 2005, Article 564). The OECD mentions as a shortcoming in the legislation that Article 564 is limited to intimate partner violence and refers only to crimes against the person and health, thus encompassing physical and psychological violence, but not sexual or economic violence within the family. Also, the law does not provide for civil remedies for victims of domestic violence (e.g. protection order, compensation, custody order, residence order, shelter, medical benefits) (OECD, December 2018, pp. 4-5).
The Criminal Code provides for a penalty between five and fifteen years imprisonment for rape of a woman (under specific circumstances the maximum penalty can be twenty years or even life imprisonment) (Proclamation No. 414/2004, 9 May 2005, Article 620). Spousal rape is not expressly addressed by law (USDOS, 13 March 2019, section 6). Some judges interpret Article 564 (see above) to cover spousal rape cases, others do not (USDOS, 13 March 2019, section 6).
Sexual violence is also addressed under Articles 622 to 628 of the Criminal Code (Proclamation No. 414/2004, 9 May 2005, Articles 622-628). The Criminal Code refers to sexual harassment as “taking advantage of the distress or dependence of a woman” which is “punishable, upon
complaint, with simple imprisonment” (Proclamation No. 414/2004, 9 May 2005, Article 625).
The USDOS mentions that “penalties of 18 to 24 months imprisonment are prescribed for conviction” of sexual harassment (USDOS, 13 March 2019, section 6), however, it is unclear where this information originates from.
Practical implementation
In their February 2019 shadow report to CEDAW, the Setaweet Movement and DAWN note the following on measures by the government regarding gender-based violence:
“The role of police in gender-based violence cases needs serious oversight. ‘Women-and-Children’s Desks’ have been created throughout the government structure, including at police stations, and there are Child Justice projects throughout the Ethiopian court system.
In addition, women police officers are usually the first contacts for survivors of violence.
While this structure has had some success in gender-responsive legal services, there is also in our communities, a widespread mistrust of police, and we know of incidences where police officers have allegedly raped women and girls, particularly sex workers. The impunity enjoyed by the Police has meant that Incidences of sexual violence are further underreported. Lastly, weak accountability system and lax punitive measures combine with criminal acts by the police to normalize the violation of rights of women and girls.”
(Setaweet Movement/ DAWN, February 2019, p. 14)
OECD mentions that the government established child and women protection units in police stations, the Violence against Women Investigation and Prosecution Team in Addis Ababa and Dire Dawa, and victim friendly benches within courts (OECD, December 2018, p. 4; see also Government of Ethiopia, 2014, pp. 24-25).
According to the USDOS, “sexual harassment was widespread” in 2018 (USDOS, 13 March 2019, section 6) and CEDAW reports that “women continue to face gender-based violence, including domestic violence, marital rape and emerging forms of violence such as acid attacks and gang rape” (CEDAW, 14 March 2019, p. 6). These forms of violence are “not sufficiently criminalized”
(Setaweet Movement/DAWN, February 2019, p. 3). According to the 2016 Demographic and Health Survey (DHS) 23 percent of women aged 15-49 “have experienced physical violence and 10% have experienced sexual violence”, and 34 percent “of ever-married women age 15-49 have experienced spousal physical, sexual, or emotional violence” (CSA, July 2017, p. 289).
The Setaweet Movement and DAWN in February 2019 note that “although sex workers face violence to a great degree, crimes against them are hardly ever reported or prosecuted”
(Setaweet Movement/ DAWN, February 2019, p. 4). The organisations further mention
“persistent gender inequality, sexual harassment and violence against girl students” (Setaweet Movement/ DAWN, February 2019, pp. 6-7). According to the organisations, the “current displacements and ethnic-based clashes have a specific gender component to them with reports of the gang-rapes of girls as young as five, and with women reportedly raped in front of their husbands” (Setaweet Movement/ DAWN, February 2019, p. 13). The USDOS further reports on marriage by abduction and the situation of affected women:
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“Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.” (USDOS, 13 March 2019, section 6)
5.4.2 Female Genital Mutilation (FGM)
The Criminal Code provides for a minimum punishment of three months imprisonment or a minimum fine of 500 Birr for circumcising a woman of any age, and a prison sentence between three and five years for infibulation of the genitalia of a woman (or five to ten years in case of infjury to body or health) (Proclamation No. 414/2004, 9 May 2005, Articles 565 and 566).
OECD further notes the following regarding the legal situation:
“The law includes criminal penalties for medical practitioners, parents and other practitioners of FGM (Criminal Code, art. 565, 566 & 569). Victims are entitled to legal redress and compensation (Criminal Code, art. 101 & Criminal Procedure Code, art. 154).
The Ethiopian Human Rights Commission dispenses legal assistance for victims (Proclamation to Provide for the Establishment of the Human Rights Commission, art. 6).”
(OECD, December 2018, p. 6)
The UK-based charity 28 Too Many notes that although there have been arrests, the
“enforcement of the law appears weak and few cases reach court”. The organisation further states:
“There is limited publicly-available information on any cases that have been taken to court and their outcomes, and cases appear to be settled more often through local, traditional justice systems. Ethiopia has a defined National Strategy in place and has committed public funds to tackling FGM, and public awareness of the harms of the practice continues to increase. Knowledge of the content and meaning of the law, however, remains limited in many practising communities.” (28 Too Many, July 2018, p. 8)
The USDOS notes that FGM was less common in urban areas and cites government sources as reporting that there had never been criminal charges regarding the practice. Limited application of the law was reported by the media. (USDOS, 13 March 2019, section 6)
In March 2019 CEDAW raised concerns that “the national strategy and action plan on harmful traditional practices against women and children” which had been adopted in 2013 to combat FGM, child marriage and abduction, “remains subject to a lack of proper implementation, monitoring and evaluation” and that the penalties envisaged under the Criminal Code “have not been implemented” (CEDAW, 14 March 2019, pp. 5-6).
The law “does not specifically criminalise medicalised FGM, cross-border FGM, or the failure to report the practice, although the Criminal Code does address such crimes in more general terms.” (28 Too Many, July 2018, p. 8)
The Swedish Migration Agency (Migrationsverket) in March 2019 mentions the following regarding current research and data on FGM:
“The phenomenon female genital mutilation (FGM) is a common practice in Ethiopia and has been so for centuries. Despite its importance for social, traditional, and religious reasons there is scarce research done in the country. Currently the main provider of statistical data is the Ethiopian government through its national statistical agency. As of late, a few organisations and scholars have also been able to carry out limited research, however since the scope and methods of the studies varies it is problematic to draw general conclusions on the phenomena.” (Migrationsverket, 14 March 2019, p. 5)
According to the 2016 Demographic and Health Survey (DHS), 65 percent of women in the age group between 15 and 49 years are circumcised. The data show that the prevalence of FGM/C increases with age: while more than 75 percent of the women between the age of 30 and 49 are circumcised, the rate among women in the age group from 15 to 19 is 47 percent. The highest prevalance is found in the Somali region with 99 percent, followed by Afar (91 percent).
The lowest rate is found in Tigray (24 percent) and Gambella (33 percent) (CSA, July 2017, p. 317). Regarding age at circumcision, the DHS notes that 49 percent of the women were circumcised when they were younger than age 5. Six percent reported they have been 15 years or older when they were circumcised (CSA, July 2017, p. 318).
In August 2019 President Sahle-Work Zewde officially presented the National Costed Roadmap to end child marriage and FGM (FBC, 15 August 2019). The summary document of this Roadmap 2020–2024, published by the Ministry of Women, Children and Youth (MoWCY) in August 2019, notes:
“Overall, based on mothers’ reports, 16 per cent of girls under 15 years of age have experienced FGM/C. Similar to child marriage, the 2016 EDHS [Ethiopian Demographic and Health Survey] shows that rates of FGM/C are dropping across age cohorts keeping in mind regional variations. The age at which women are cut also varies by region. Through further analysis of EDHS 2016 data, the National Roadmap includes the rate of acceleration needed to achieve the goal of eliminating child marriage and FGM/C by 2025 or 2030. […] For FGM/C, progress needs to be a little over seven times faster than progress over the past ten years (looking at the average rate of reduction amongst girls and women aged 15 to 19 years) to eliminate the practice by 2030.” (MoWCY, August 2019, p. 3)
Further information on FGM can also be found in the following documents:
Abathun, Asresash Demissie; Sundby, Johanne; Gele, Abdi A.: Attitude toward female genital mutilation among Somali and Harari people, Eastern Ethiopia, 6 October 2016
https://www.dovepress.com/attitude-toward-female-genital-mutilation-among-somali-and-harari-peop-peer-reviewed-fulltext-article-IJWH
Boyden, Jo; Pankhurst, Alula; Tafere, Yisak: Child protection and harmful traditional practices: female early marriage and genital modification in Ethiopia, 6 June 2012
https://ora.ox.ac.uk/objects/uuid:ad065460-bef4-4578-8fd4-b22d62ac599e/download_file?file_format=pdf&safe_filename=OA%2B2012%2BBoyden%
2Bet%2Bal%2BHarmful%2BTraditional%2BPractices.pdf&type_of_work=Journal+article
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