Notes on gbv & vawc january 2008

Notes on Gender Based Violence and Violence against
Women/Children in Ethiopia

Notes on Gender-Based Violence and Violence against

Contents
1 Background and Context ........................................................................................................2

1.1 Basic Country Information ...............................................................................................2

1.2 Socio-Economic Context ................................................................................................. 3

1.2.1 Health ........................................................................................................................... 3

1.2.2 Education.................................................................................................................. 7

2 GBV and VAWC ....................................................................................................................... 10

2.1 Prevalence of GBV and VAWC ....................................................................................... 10

2.2 Response to GBV and VAWC ..........................................................................................11

2.2.1 The FDRE Constitution.............................................................................................11

2.2.2 Ratification of International Instruments.............................................................. 12

2.2.3 Policy Responses to GBV and VAWC ...................................................................... 12

2.2.4 Legislative Responses to GBV and VAWC .............................................................. 14

2.2.5 Institutional Framework ......................................................................................... 16

2.2.6 The Role of Non-State Actors................................................................................. 17

(January 2008)
Ghetnet Metiku Woldegiorgis
Socio-Legal Researcher
E-mail: gmgiorgis@gmail.com Page 1


1 Background and Context
1.1 Basic Country Information
The Federal Democratic Republic of Ethiopia (FDRE), is a land-locked country in north-
eastern Africa. Ethiopia is the oldest independent country in Africa and one of the oldest in
the world.1 The country is also noted for its pioneering role in the establishment of
international and regional inter-governmental organizations. Ethiopia was a member of the
League of Nations, a founding member of both the United Nations and the OAU. The
headquarters of many regional organizations including the former OAU, current AU and the
UNECA are located in the capital Addis Ababa.

Geographically, the country covers a land area of 1,133,380 sq km (437,600 sq mi) of which
0.7% is covered by water bodies. It shares international borders with Somalia and Djibouti in
the east, Eritrea on the north, Kenya on the south, and Sudan in the west.2 Ethiopia’s climatic
conditions vary from cool temperate highlands over 2,500 meters above sea level, moderate
warm lands lying between 1500 to 2500 meters above sea level as well as hot lowlands lying
below 1500 meters.

The recent political history of Ethiopia covers a turbulent transition from a feudal state to a
decade and half of military rule finally culminating in an emerging democratic system in the
last fifteen years or so. Currently, the country has a federal system of government consisting
of a federal government, nine ethnically-based regions, and two federal cities, Addis Ababa
and Dire Dawa.3 It is further subdivided into 550 woredas and six special woredas. Recently,
the Addis Ababa City Administration was re-organized in ten Sub-City Administrations.

Ethiopia is a populous country with an estimated total population of around 77 million. It is
the second most populous country in Africa next to Nigeria.4 Among the total number
62,895,000 (83.8%) are estimated to be living in rural areas while 12,172,000 (16.2%) live in
cities and towns. According to the latest official reports issued in 2006, an estimated 43.7%
(male 16,373,718; female 16,280,766) of the population is believed to be between 0-14 years,
53.6% (male 19,999,482; female 20,077,014) 15-64 years, and 2.7% (male 929,349; female
1,117,652) 65 years and over. Current estimates put the proportion of children in the
1
Pankhurst, Richard K.P. Addis Tribune, "Let's Look Across the Red Sea I", January 17, 2003.
2
Microsoft Encarta Encyclopedia, Standard Edition, 2006
3
The status of Dire Dawa as a federal city administration is not confirmed in the Constitution.
4
Central Statistical Authority, Statistical Abstract 2005, P. 20: The latest census for which figures are
available was performed in 1994; this figure is the July 2006 official estimate. The CIA World Fact Book
(2006) puts the population at 74,777,981 while UNICEF (mid-2005) estimates are 77,431,000.
(January 2008)


population at a little more than half (more than 51%).5 The sex ratio at birth is 1.03
male(s)/female, 1.01 male(s)/female under 15 years, 1 male(s)/female for 15-64 years, and 0.83
male(s)/female for 65 years and over.

The population is growing at an estimated rate of 2.31% with a birth rate of 37.98 births/1,000
and a death rate of 14.86 deaths/1,000 population (2006). With this growth rate, Ethiopia’s
population is expected to be 100 million by 2018 and 130 million by 2030. Life expectancy at
birth is 49.03 years for the total population, 47.86 years for male, and 50.24 years for
female.6 The total fertility rate is 5.22 children born per woman.

Ethiopia is one of the poorest countries in the world today characterized by very low macro-
economic, social and demographic indicators7. In 2003/2004 the country recorded an
unprecedented GDP Growth of 11.6% mainly because agricultural production improved
significantly following two consecutive drought years (2001/02-2002/03).8 Official statistics
released by the government as well as international organizations show similarly high rates
of growth in subsequent years. The growth registered during the last three years averaged
10.7 percent.9 The largest contributor to GDP growth was agriculture, which accounted for
approximately 42% of the total GDP.10

However, despite improvements in the economic situation in the country, a recent report
indicated that 23% of the population of the country still lives on less than one US dollar a
day.11 According to the same report, income per capita in Ethiopia is also one of the lowest
in the world at around 160 dollars. The Human Development Index for 2006 ranked Ethiopia
170 out of the 177 countries while the Human Poverty Index ranks the country 92 out of 95.12

1.2 Socio-Economic Context

1.2.1 Health

(i) Health Services
Institution 2002 2003 2004 2005 2006

5
UNICEF, 2007: Around 39,792,000 of the estimated total population of 77,431,000 or around 51.4% are
reported to be below 18 years.
6
45.5 UNDP 2004 and 46 UNICIEF 2003
7
UNICEF ranked Ethiopia 169th among 192 countries on the basis of under-five mortality rates in 2005.
8
Ministry of Finance and Economic Development (MOFED), Development Planning and Research
Department (DPRD), Annual Progress Report (2003/04), Addis Ababa, March 2005.
9
MOFED, Dec. 2006
10
OECD, 2006
11
UNICEF, The State of the World’s Children, 2007
12
Government of Ethiopia-UNICEF: Country Programme Action Plan, 2007-2011
(January 2008)


Hospitals 115 119 126 131 138
Health Centers 412 451 519 600 635
Health Stations 2452 2396 1797 1662 1206
Non-Profit Clinics 480
Private Clinics 1235 1229 1299 1578 1761
Health Posts 1311 1432 2899 4211 5881
Pharmacies 311 302 275 276 246
Drugstores 309 299 375 381 469
Rural Drugstores 1856 1888 1783 1787 1754
Source: Federal Ministry of Health, November 2007

Professional Medical/Health Care Staff

Qualifications 2002 2003 2004 2005 2006
Medical Doctors 188 2032 1996 2453 2115
Health Officers 484 631 683 776 715
Nurses 12838 14160 15544 18809 17845
Health Assistants 8149 6856 6628 6363 4800
Paramedical 3824 4641 5215 6259 5431
Health Extension 2737 8901
Source: Federal Ministry of Health, November 2007

(ii) HIV/AIDS
HIV was first detected in Ethiopia in blood stored for transfusion collected in 1984 and the
first two AIDS cases were reported in 1986.13 Since then, the prevalence rate has
continuously increased until the year 2000 subsequently showing signs of decreasing. The
national HIV prevalence in 2005 is estimated to be 3.5%, 3 % among males and 4% among
females. There were an estimated 1.32 million PLWHA.

Ethiopia ranks among most heavily affected countries in terms of national adult prevalence
rate and the number of people living with HIV/AIDS. According to current UNAIDS estimates
Ethiopia hosts the fifth largest number of people living with the virus globally and it is
expected that this number will rise to 7 to 10 million by the year 2010.14

13
Federal Ministry of Health/HIV/AIDS Prevention and Control Office, AIDS in Ethiopia: Sixth Report,
HAPCO and U.S. Department of Health and Human Services Centers for Disease Control and
Prevention Office in Ethiopia, June 2006
14
UNAIDS (2006), p.
(January 2008)


While the estimated national prevalence rate has plateued and declined, the current
prevalence rate is still considered to be high. This is particularly true if we take into account
the actual number of people living with the virus or dying of AIDS. It was estimated that in
2005, a total of 137,500 new AIDS cases, 128, 900 new HIV infections (353 a day) and 134,500
(368 a day) AIDS deaths (including 20,900 in children [<15 years]) occurred.15 Moreover, the
HIV/AIDS pandemic has had substantial negative impact on the already vulnerable socio-
economic condition of the country.

(iii) Child Health and Nutrition
In 2005, Infant mortality rate stood at 77 and under-five mortality rate was 123 per thousand
live births showing a decline of 20.6 percent and 25.9 percent respectively within five years. 16
Routine immunization coverage has similarly increased from 52% to 69% in the three years.
According to the DHS – 2005, the overall prenatal mortality rate is 37 still births per 1000 live
births down from 52 still births per 1,000 live births in the 2000 DHS. Despite these
improvements, one in thirteen children born in Ethiopia does not survive to celebrate its first
birth day, and one in every eight children dies before its fifth birth day. Moreover, there are
significant regional variations in infant and under five mortality that reflect regional
disparities, urban rural differences and educational and wealth levels.

At country level, the share of children that suffer from stunting (chronic malnutrition) and
wasting (acute malnutrition) stood at 47% and 11% while 38% percent were under weight in
2004 (DHS, 2005). Both DHS and WMS results show that rural children are consistently more
stunted, underweight and wasted than their urban counterparts. Nutritional status also
varies greatly by region.

Child Health Indicators

15
FMOH/HAPCO (2006), p. 6
16
CSA, ORC Macro: Ethiopia, Demographic and Health Survey (2005), August 2006

(January 2008)


Year Mortality Rates Rate of Malnutrition
Infant Mortality Child Mortality Wasting Stunting Under weight
2003 96.8 140.1 10.50% 51.50% 47.50%
2004 96.8 140.1 10.50% 51.50% 47.50%
2005 77 123 48.30% 46.90% 37.10%
Source: Ethiopian Government Response to the CRC Committee August 2006

WMS reports show a consistent decline in malnutrition over time; with a tremendous
decrease in stunting in both urban and rural areas. For instance, the rate of stunting in urban
areas fell from 58% in 1996 to 30% in 2004 and from 67% to 48% in rural areas. 17

(iv) Maternal Health
The total fertility rate for Ethiopia for the period 2003-2005 was 5.4 births per woman.
However, there are significant disparities among regions (6.2 in Oromia and 1.4 in Addis
Ababa.), by residence (2.4 in urban versus 6.0 for rural areas), and education (2.0 among
those with at least secondary schooling versus 6.1 among those with no schooling).

Fertility has fallen substantially among all age groups over the past two decades in part due
to increasing use of contraceptives. There has been a decline in fertility from 6.4 births per
woman in the 1990 National Family and Fertility Survey (NFFS) to 5.4 births in the 2005 DHS,
a one-child drop in the past 15 years. According to FMoH data, contraceptive prevalence rate
reached 36% in 2005/06 compared to 25% in 2004.

In 2004, the majority of children under five (58%) had been born assisted by a traditional
birth attendant (TBA). At country level; only 11% had been attended during delivery by either
a delivery nurse; trained traditional birth attendant (TTBA) or other health personnel (7% in
rural and 53% in urban). The proportion of children born attended by trained personnel is
highest in Addis Ababa (76%); while in rural areas it ranges from 4% in Afar to 25% in Harari.
One-fourth of rural women and roughly 10 percent of urban women were found to have
been self-assisted during delivery meaning they had no one to assist them with delivery. The
MoH estimates that only about 15.1% of deliveries are attended by a skilled provider.

According to DHS 2005, an overwhelming majority of births (94 percent) were delivered at
home, compared to 95% in the DHS 2000. Five percent of births were delivered in a public
facility and less than one percent of births were delivered in a private facility. In rural areas

17
CSA: Welfare Monitoring Survey, 2004
(January 2008)


97 percent of deliveries are in the home, while in urban areas 57% of women gave birth at
home.

Maternal Health Indicators

ANC Delivery FP
2003 27.4 9.0 21.5
2004 40.8 9.5 23
2005 42.0 12.4
Source: Ethiopian Government Response to the CRC Committee August 2006

DHS 2005 estimates that the maternal mortality ratio for Ethiopia for the period 1998-2004
was 673 deaths per 100,000 live births (or alternatively 7 deaths per 1000 live births). The
true MMR for 2005 ranges from 548 to 799.

1.2.2 Education

(i) Early Childhood Care and Education
In 2005/06 out of the estimated 6,959,935 children of the appropriate age group (4-6) about
186,728 children have been reported to have access to pre-primary education in 1,794
kindergartens all over the country. Since these data do not cover all schools (data from
some NGO schools are not captured) total enrolment could be a little higher than the above
figure. The Gross Enrollment Rate (GER) for kindergarten level is 2.7% in 2005/06 which is a
little higher than the previous year’s 2.3%. This means, 97.3 % of the eligible children at these
level do not have access to pre-primary education. The level of enrollment is therefore,
negligible when compared to the appropriate age group.

The highest and the lowest GER for this level are shared by Addis Ababa (40.3%) and Afar
(0.5%) respectively. With the exception of Harari, Dire Dawa, Benishangul-Gumuz and
SNNPR, all other regions have GER less than the National average (2.7%). This clearly shows
not only the regional disparity in access to this level of education, but also that a lot remains
to be done in this area in the future.

Taking teacher qualification as one of the quality indicators, the 2004/05 data shows that
21.2% of teachers are not trained to teach at this level. The share of untrained teachers was

(January 2008)


26% in 2003/04, which shows an increase of 4.8 percentage points in the share of trained
teachers in one year.

(ii) Primary Education
The number of primary schools has increased from 10,394 in 1996/97 to 16,078 in 2004/05,
which is an increase of 54.7%. In 2005/06 the number has reached 19,412 and the average
annual growth rate is 12.6%. More than 85% of the new primary schools were constructed in
the rural areas. As a result of wider availability, the primary school enrollment reached 11.4
million in 2004/05.

Gross Enrollment at Primary (1-8)
Year Male Female Both GG by GER
2002/03 74.6 53.8 64.4 20.8
2003/04 77.4 59.1 68.4 18.3
2004/05 88.0 71.5 79.8 16.5
2005/06 92.9 (98.6)18 78.5 (93.9) 85.8 (91.3) 14.4 (4.7)
2006/07 (98.1) (85.1) (91.7) (13.0)
Source: MoE Statistics Annual Abstract (2007) and MoE, September 2007

The GER at national level has been increasing continuously reaching 91.7% in 2006. On the
other hand, the gender gap by GER has been decreasing except for the 2006/07 academic
year.

Net Enrollment Rate (NER) at Primary (1-8)

Year Male Female Both GG by NER
2002/03 60.6 47.2 54.0 13.4
2003/04 62.9 51.8 57.4 11.1
2004/05 73.2 63.6 68.5 9.6
2005/06 81.7 73.2 73.9 8.5
Source: MoE Statistics Annual Abstract (2007)

The five years data on primary enrollment rates shows an increasing trend for both boys and
girls. However, the regional gap in the GER and NER at primary level is still very wide,
especially in terms of girls’ participation. Though the gender disparity of NER was lowered

18
The figures for 2005/06 and 2006/07 include Alternative Basic Education
(January 2008)


every year at national level it is still high in favor of boys in 2005/06. The gender gap was in
favor of girls only in two regions, Addis Ababa and Tigray.

(iii) Secondary Education
The number of secondary schools has grown from 455 in 2001/02 to 835 in 2005/06 with an
annual growth rate of 16.4%. In 2005/06, 1,066,423 students were enrolled in secondary 1st
cycle (grades 9-10). Out of the total enrollment, 387,707 (36.4%) were girls.

Gross Enrollment at Secondary Level
1st Cycle (9-10) 2nd Cycle (10-11)
Year Male Female Both GG Male Female Both GG
2004/05 34.6 19.8 27.3 14.8 3.3 1.3 2.3 2.0
2005/06 41.6 24.5 33.2 17.1 5.7 2.0 3.9 3.7
2006/07 44.7 27.4 36.2 17.3 7.0 3.5 5.3 3.6
Source: MoE Statistics Annual Abstract (2007) and MoE, September 2007

In 2006/07 the national GER at secondary level reached 36.2% for first cycle and 5.3% for
second cycle following a trend of annual increases. In the past six years, the GER at the first
cycle of secondary (9-10) showed an increase of 16.3 percentage points (23.3 and 12.7
percentage points for boys and girls respectively). Similar increase was observed in the
second cycle though with more limited rate. However, the gender gap increased in favor of
boys through out except for a 0.1% decrease at the second cycle in 2006/07.

Net Enrollment Rate (NER) at Secondary (9-10)

Year Male Female Both GG by NER
2002/03 10.1 6.7 8.4 3.4
2003/04 12.0 7.5 9.8 4.5
2004/05 14.2 9.3 11.8 4.9
2005/06 15.5 10.7 13.2 4.8
Source: MoE Statistics Annual Abstract (2007)

The NER of the first cycle of secondary (9-10) reached 13.2% in 2005/06 showing a 5.8
percentage point increase in five years. Despite these improvements, the gender gap has
shown a continuous increase except for 2005/06.

(January 2008)


2 GBV and VAWC

2.1 Prevalence of GBV and VAWC
Though gender relations seem to have generally changed for the better in Ethiopia,
conventional biased gender perception and attitudes have by no means disappeared. This
has led to a high prevalence of gender based violence as well as violence against women and
children. Harmful Traditional Practices (HTPs), particularly FGM/FGC (73.0 per cent), early
marriage (median age of marriage 17 years in rural Ethiopia) and the practice of abduction
are widespread.19 A study covering four regional states found that nearly 27% of rural women
in Tigray, 48% in Amhara, 13% in Oromia and 7% in SNNPR were married before the age of 15
while urban marriages before 15 years are fewer (19 percent in Tigray, 28 percent in Amhara,
10 percent in Oromia, and 14 percent in SNNPR).20 The same study also indicated a high
percentage of women are married between 15 and 17 in all regions.

Furthermore, due to the socio-economic condition in the country, attitudes about childhood
and the existence of numerous harmful traditional practices, Ethiopian women and children
are vulnerable to all forms of physical, psychological and sexual violence including rape,
abduction and trafficking in women and children.

Official crime statistics released by federal and state police authorities show that sexual
outrage (child sexual abuse) and rape are the most prevalent offences as well as being on
the increase.21 Even these reports only account for a small proportion of the actual
prevalence since incidents of sexual violence are not reported in many cases. There are also
reports of trends showing increasing incidences of trafficking in women and children for
sexual purposes, child prostitution and forced prostitution in and outside of the country.22

19
UNFPA Ethiopia, 2007
20
Berhan Research and Development Consultancy, Ethiopia: Knowledge, Attitudes and Practices in
Family Planning, Pathfinder International and USAID, June 2005, p. 13
21
Crime statistics is organized along the forms of crime rather than the profile of the victims. Yet, the
nature of the crimes of sexual outrage and rape clearly indicate that at least the overwhelming
majority of victims are women and girls (Ministry of Labor and Social Affairs, National Action Plan on
Sexual Abuse and Exploitation of Children (2006 - 2010), December 2005, pp. 9 - 10)
22
See: MoLSA, National Action Plan on Sexual Abuse and Exploitation of Children (2006 - 2010),
December 2005; IOM, Assessment of the Magnitude of Trafficking in Women and Children Within and
Outside Ethiopia, 2006; and WVE, Trafficking in Children from Chenca, 2006
(January 2008)


Ethiopia also has a large number of orphans and vulnerable children. In 2005, it was
estimated that there were a total of 4,885,337 orphans aged 0-17 years; of these, 744,100
were AIDS orphans23. In 1996, UNICEF estimated that there were about 150,000 children on
the street and that they were increasing by as many as 5,000 a year. More than 30% of girls
aged 10-14 in Addis Ababa are not living with their parents.

Partly as a result of the high levels of prevalence of violence against women and girls,
Ethiopian women and girls represent a disproportionately high share of PLWHA in the
country. According to official reports, the rate of infection among females is one percent
higher than that among males.24 The picture becomes even grimmer if we consider the most
affected age group. Women and girls account for more than three-fourth (76.45%) of
Ethiopian PLWHA between the ages of 15 and 24.25

2.2 Response to GBV and VAWC

2.2.1 The FDRE Constitution
The 1995 Constitution of the Federal Republic of Ethiopia has an in-built mechanism of
incorporating international laws as it has provisions which makes all international
agreements ratified by Ethiopia part of the law of the land. Accordingly, courts can and do
use the texts of international human rights instruments ratified by Ethiopia as basis for their
decisions. Article 13/2 of the constitution has a specific provision for international human
rights instruments such as the UNCRC, UNDHR, ICCPR, and ICESER which also provide
standards for the interpretation of the Constitution in matters related to fundamental
human rights. In addition, Article 35 and 36 of the Constitution explicitly recognize the rights
of women and children.

Article 35 of the Constitution is devoted to the rights of women and contains several
provisions covering important rights of women. These include equal protection of the law,

23
Ministry of Health/National HIV/AIDS Prevention and Control Office (2006), Aids in Ethiopia, Sixth
Report, Addis Ababa
24
Federal Ministry of Health/HIV/AIDS Prevention and Control Office, AIDS in Ethiopia: Sixth Report,
HAPCO and U.S. Department of Health and Human Services Centers for Disease Control and
Prevention Office in Ethiopia, June 2006
25
The actual numbers are: of the 289,600 persons in this age group, 221,400 are female while 68,200 are
male (Federal Ministry of Health/HIV/AIDS Prevention and Control Office, AIDS in Ethiopia: Sixth
Report, HAPCO and U.S. Department of Health and Human Services Centers for Disease Control and
Prevention Office in Ethiopia, June 2006)
(January 2008)


equality in marital affairs, entitlement to affirmative measures, protection from HTPs,
maternity rights in employment, the right to consultation, property rights, employment
rights, and access to family planning information and services.

Article 36 of the Constitution explicitly recognizes the rights of the child to life, name and
nationality, to know and be cared for by parents or legal guardians, to be protected from
labor exploitation and not to be forced to undertake work that may harm his or her
education, health and well-being, to be free from harsh or inhuman punishment that may be
inflicted on his body, in schools or child care institutions. Article 36(2) of the Constitution
goes beyond recognition of specific child rights and incorporates the principle of best
interest of the child. This provision provides that the best interest of the child shall be the
primary consideration in all actions concerning children by public institutions, courts of law,
administrative authorities or legislative bodies.

2.2.2 Ratification of International Instruments
Ethiopia has ratified the Convention on the Rights of the Child and the Convention on the
Elimination of all Forms of Discrimination against Women (CEDAW). Other relevant human
rights instruments ratified by Ethiopia include the Convention for the Suppression of the
Traffic in Persons and the Exploitation of the Prostitution of Others, the International
Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and
Political Rights, the ILO Conventions No. 29 (Forced Labour), No. 182 (Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour), No.138 (Minimum
Age Convention), No. 181 (The Private Employment Agencies Convention), No. 105 (The
Abolition of Forced Labour Convention), and No. 111 (Discrimination in Employment and
Occupation).

2.2.3 Policy Responses to GBV and VAWC
The most relevant policy response to violence against women and children in Ethiopia is the
National Policy on Ethiopian Women, which was adopted in 1993. The objectives of the
policy are:

 To facilitate conditions conducive to the speeding up of equality between men and
women so that women can participate in the political, social, and economic life of
their country on equal terms with men, ensuring that their right to own property as
well as their other human rights are respected and that they are not excluded from

(January 2008)


the enjoyment of the fruits of their labour or from performing public functions and
being decision makers;

 To facilitate the necessary condition whereby rural women can have access to basic
social services and to ways and means of lightening their workload; and

 To eliminate, step by step, prejudices as well as customary and other practices, that
are based on the idea of male supremacy and to enable women to hold public office
and to participate in the decision-making process at all levels.

The National Policy on Ethiopian Women has addressed the issue of HTPs, which represent
an important form of VAWC, in its preamble, objectives and implementation strategies. It
also refers to creating awareness about and access to basic health care and reproductive
health information and services.

Moreover, women’s rights and child rights concerns are addressed in the various policy
documents on related matters. One among these instruments is the Developmental and
Social Welfare Policy (1996) which, among other objectives, aims at implementing
international standards relating to the welfare of children. The Cultural Policy of Ethiopia
also addresses the issue of eradicating harmful traditional practices affecting women and
children. Similarly, the National Youth Policy, National Education Policy, and the Policy on
have dealt with issues of direct relevance to women’s and children’s rights.

In addition to these policy documents, a set of national action plans relevant to the
promotion and protection of women and children are in existence. These include the
National Plan of Action on Orphans and Vulnerable Children (2004 – 2006), the National Plan
of Action for Children (2003 – 2010) and the National Action Plan on Sexual Abuse and
Exploitation of Children (2006 - 2010). The development of national plans of action on child
labor and Civil Registration and Vital Statistics Systems is underway.

The National Plan of Action for Children for the period 2003 – 2010 and beyond, which was
issued in June 2004, was preceded by a National Programme of Action for Children and
Women issued in 1995 and implemented between 1996 and 2000. Based on an assessment
of the implementation of the National Programme of Action for Children and Women (1996 -
2000) and informed by the UN Special Session on Children, the National Plan of Action for
Children (2003 – 2010) focused on four areas: promoting healthy lives, providing quality
education, protecting against abuse, exploitation and violence, and combating HIV/AIDS.

(January 2008)


The National Plan of Action also identified specific and quantified targets, strategies and
activities in relation to each of the focal areas as well as assessing financial, institutional and
other implementation issues. The assessment of the previous NPACW and development of
the National Plan of Action involved a broad spectrum of stakeholders including federal,
regional and local government structures, law enforcement, international and indigenous
NGOs, community leaders, teachers, parents and children. Among children, street children
and primary school students were given particular attention.

In December 2005, the Ministry of Labor and Social Affairs issued a National Plan of Action
on Sexual Abuse and Exploitation of Children (2006 - 2010). The Plan of Action has the
overall goal of improving the realization of the rights of all Ethiopian children to be
protected from sexual abuse and exploitation and to have access to legal, psychosocial and
medical services as well as information necessary for their protection and rehabilitation. To
this end, the document has identified four areas of intervention: prevention, protection,
rehabilitation and reintegration, and coordination and monitoring. The NPA was initiated
and prepared within the framework the National Steering Committee against Sexual Abuse
and Exploitation of Children representing a diverse profile of child rights actors. Children
were also involved in the process through a series of group discussions and personal
observations involving various groups of children including children living and working on
the street, trafficked children and children living in prostitution.

2.2.4 Legislative Responses to GBV and VAWC
Ethiopia has taken some major steps to harmonize its domestic laws with the provisions of
international human rights instruments including the CEDAW and the CRC. These efforts
started with the adoption of the Federal Constitution. . The Constitution contains provisions
for the domestication of international human rights agreements and specifically
incorporates women’s and children’s rights. Moreover, the rights of women and children
including protection from GBV/VAWC are among the issues given much attention in
legislative reform since the adoption of the FDRE Constitution in 1995. The causes and
manifestations of various forms of violence against women have been extensively
addressed in many of the new laws among which the Revised Family Code (2000), the
Criminal Code (2005), and the Labor Proclamation (Proclamation No. 377/2003) are good
examples.

(January 2008)


(i) The Revised Family Code
The revised family code of July 2000, which replaces the provisions of the Civil Code of 1960
relating to marriage and the family, contains provisions that are more consistent with the
provisions of the Constitution in relation to minimum marriageable age, freedom of
marriage, and equal rights of the spouses before, during and after marriage.

An important feature of the Revised Family Law is the prohibition of marriage by abduction,
early marriage and bigamy. However, the most significant contribution of the revised Family
Code is the setting of minimum marriageable age for girls at 18. This review of marriageable
age for girls, besides being important by itself, has contributed to the extension of full
protection from sexual outrage under the penal code to the same age level

The revised Family Code has also incorporated the principles of the best interests of the
child and child participation. Article 113 of the Code directs the court to take into account the
age and interests of the children in determining the custody and maintenance of children
upon the dissolution of marriage. Similarly, the provisions of the Code on adoption and the
appointment and removal of guardians and tutors direct the Court to consult the child and
seriously consider the child's opinions. In addition, the Code imposes an obligation on the
federal government to establish the institutional structure for birth (or vital) registration.

(ii) The Criminal Code
The Penal Code is another important legislation that has been revised to harmonize
domestic laws with international human rights agreements with important implications for
the response to violence against women and children. The new Criminal Code, which came
into force in May 2005, criminalizes most forms of violence against women and children
including rape (article 620-628), trafficking in women and children (article 597 and 635),
prostitution of another for gain (article 634) and physical violence within marriage or in an
irregular union (article 564). The prohibitions also extend to HTPs in general with specific
provisions on abduction (article 587-590), female genital mutilation (article 565 and 566),
early marriage (article 649), bigamy (article 650) and endangering the lives of or causing
bodily injury to pregnant women and children (article 561-563).

In addition to criminalizing forms of VAW hereto not covered by the criminal law, the
Criminal Code has also redefined the elements of some existing offences, added aggravating

(January 2008)


circumstances and revised the penalties applicable in cases of violation. New provisions on
concurrence of offences and the liability of institutions have also been included.

(iii) Employment Laws
The Labor Law Proclamation number 377/2003 explicitly prohibits the employment of
children below the age of 14 years and provides for special protections for children between
14 and 18 years. The proclamation has prohibited the employment of young workers for
work which on account of its nature or due to the conditions in which it is carried out
endangers the life or health of the young workers performing it. The proclamation also
provides for normal, night and overtime work by young workers. Article 90 provides that the
normal hours of work for young workers shall not exceed seven hours a day. The
employment of young workers for night work, overtime work, work on weekly rest days and
on public holidays is prohibited under article 91 of the proclamation. Furthermore this law
requires the Ministry of Labor and Social Affairs to prescribe the schedules of dangerous
operations that are harmful to the health of working children.

Though more limited in scope, the private employment agency proclamation issued as
proclamation number 104/1998 also has direct contributions to the national response to
violence against women. The proclamation, which regulates the activities of private
employment agencies for local as well as foreign employment, puts in place a mandatory
licensing arrangement enforced with serious imprisonment and fines. Through this licensing
arrangement as well as provisions for monitoring and supervision, the proclamation seeks to
protect employees who are mostly woman or girl victims of trafficking and other forms of
violence against women.

2.2.5 Institutional Framework
The Ethiopian Human Rights Commission and Ombudsman institution were established by
law in 2000 and the Human Rights Commissioner and Ombudsman have been appointed in
2004. Both offices have special sections focusing on the rights of women and children. Since
commencing operations in 2005, the offices have been conducting various activities to raise
awareness on human rights, build institutional capacity, monitor detention centers, and
generally ensure compliance with constitutional and international human rights instruments.

Since taking over the responsibility to coordinate and oversee the implementation of this
framework in 2005, the newly established Ministry of Women's Affairs (MoWA) has been

(January 2008)


engaged in institutional formation and capacity building activities with a view to developing
the organizational resources necessary to undertake its duties. The past year has seen the
increasingly active involvement of the Ministry of Women's Affairs in more practical action in
initiating, coordinating and monitoring gender responsive development parallel to capacity
building efforts. The Ministry of Women's Affairs has become a more active actor in bringing
key stakeholders/actors on board.

The institutional capacity building activities of the Ministry as well as its increased practical
commitment have brought about manifest progress in addressing remaining challenges to
ending gender violence. As part of its efforts to establish and strengthen women’s affairs
structures at the regional and local levels, women’s affairs structures became members of
Woreda26 cabinets in many regions. The results have been particularly encouraging in
enhancing the representation of women in a key decision making structure and creating
opportunities to prioritize GBV, VAWC and other gender issues.

2.2.6 The Role of Non-State Actors
A large number of non-state actors representing a broad profile of organizations are
working to improve the situation of the rights of women and children in Ethiopia at various
levels in collaboration with the government and government agencies. These include UN
agencies, Inter-Governmental Organizations, international NGOs, indigenous NGOs,
community-based organizations (CBOs), faith-based organizations (FBOs) women’s
associations, children's organizations and youth associations. These organizations use
different approaches including awareness raising, conducting researches and surveys,
advocacy and lobbying, and community based development initiatives. Important areas of
engagement for non-state actors are:

awareness raising and advocacy initiatives that aim at change of laws and practices at
the formal and non-formal level;

capacity building support to judicial, law enforcement and other structures involved
in prevention and protection; and

26
Woredas are local government structures responsible for allocating and administering block budget
grants. The Woreda cabinet is the executive body appointed by the elective Woreda Council. In Addis
Ababa, the comparable structure is the Sub-City.
(January 2008)


providing support to vulnerable groups of women and children as well as victims of
gender based violence and violence against women and children.

The support provided by non-government organizations has been instrumental in the
successful revision of the family law and criminal law and the creation of child and victim
friendly justice structures.

(January 2008)

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