Gender-Based Violence And The Legal Framework In Ethiopia

Introduction

In this essay, I attempted to examine what constitutes gender-based violence, how the Ethiopian legal system has attempted to protect women from gender-based violence, men who have been victims of gender-based violence, and how cultural factors influence gender-based violence and their role in shaping the response to gender-based violence. Prior to delineating to what constitutes gender based violence however, it is essential to define the term itself. Gender-Based Violence (GBV) against women and girls is a widely accepted human rights violation that transcends borders, race, class, ethnicity, and religion. Scholars and international legal instruments have interpreted gender-based violence differently. The 1993 Declaration on the Elimination of Violence Against Women, while not a legally binding document, defined gender-based violence as violent acts that cause or are likely to cause physical, sexual, or psychological harm or suffering for women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether in private or public life.[1]

What Constitutes Gender-based Violence?

Although some scholars broadly categorize Gender-based violence into intimate-partner violence and domestic violence, from the above definition we understand that gender based violence constitutes various forms like physical violence, sexual violence, psychological or mental violence and economic violence. We will discuss them as follows;

• Physical violence: Any action that employs illegal physical force and results in harm to the body. Manslaughter, denial of liberty, and serious and minor assault are examples of physical violence.
• Sexual violence: Forcing or trying to engage in any sexual activity or contact without permission. In regards to dating and domestic relationships, this can consist of, but is not limited to: uploading or sharing sexually explicit photos of a partner without their consent; forcing someone to have sex in a way that denies their sexual or gender identity; and forcing a partner to be a part of the relationship.
• Psychological or mental violence: Any action that damages a person’s mental health. Coercion, defamation, verbal abuse, and harassment are a few examples of psychological violence.
• Economic violence: retaining complete control over financial resources in an effort to render someone financially dependent.

Gender-based violence and the Ethiopian legal system

The Ethiopian legal system endeavored to shield women from gender-based violence by ratifying numerous international instruments and enacting domestic legislation that safeguard women’s rights.

International instruments

The Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and other soft laws like the Beijing Platform for Action (BPA) as well as the political declaration and outcome documents following Beijing are just a few of the international human rights treaties that Ethiopia has ratified and that require it to prevent and address gender-based violence.

Regional instruments

The prevalence of gender-based violence against women in Africa, characterized by significant scale and widespread violations, prompted the establishment of continental legislative frameworks to delineate their rights and argue for their protection by African States. Ethiopia has also voluntarily assumed a number of African regional human rights obligations including the African Charter on human and peoples’ rights (also known as the Banjul Charter 1998), the African Charter on the Rights and Welfare of the Child, and the protocol to the African charter on human and peoples’ rights (also known as the Maputo protocol) in 2018. 

National legislations

Regarding domestic legislations the 1995 Ethiopian Constitution (under Article 35) recognizes that females shall enjoy equal rights and protections as males. Apart from the constitution the revised family code and the criminal code are the relevant instruments to refer to when discussing about gender-based violence. The Ethiopian Constitution ratifies international and regional legal instruments, making them integral to the country’s law.[2] It also affirms fundamental rights and freedoms to align with Universal Declaration of Human Rights and International Covenants on Human Rights.[3]

Article 34 also addresses marriage rights, affirming women’s equal rights during marriage, divorce, and decision making during the marriage.[4]

 Ethiopia’s Federal Revised Family Law, enacted in 2000, safeguards gender equality in marriages, in addition to constitutions, to protect women’s rights and end gender-based violations. The Revised Family Law has significantly impacted certain aspects of the Civil Code pertaining to marriage. It has abolished most of the discriminatory concerning marriage. For instance it abolished the provisions that naturalized gender hierarchy by stating that a wife “owes her husband obedience on all lawful things which he orders”[5], that the “husband was to give protection to his wife”[6] and that “the husbands watch over the wife’s relations, and guide her in her conduct”.[7]

On the other hand The 2004 Criminal Code[8] prohibits abduction of women (article 587); early marriage (article 649), and bigamy (article 650); rape and sexual outrages (articles 620 – 628); trafficking in women (articles 597 and 635); forced prostitution (article 634); physical violence within marriage or in an irregular union (article 564); and child pornography (article 640 (2)(c)). Moreover, the 2004 Criminal Code prohibits different forms of harmful traditional practices under Articles 561–570.

Ethiopia has implemented many policies to integrate gender considerations across all sectors, in conjunction with adopting international and national gender-sensitive legislative instruments.

Ethiopia has introduced Labor Proclamation No.1156/2019 to address gender-based violence in the workplace. This law defines sexual harassment and violence as persuasion without consent, and violence as forceful harassment[9]. It also affirms that women should not be discriminated against based on their sex,[10] unlike the repealed Labor Proclamation No. 377/2003.

Another instrument is the Federal Civil Servants Proclamation No.1064/2017 which addresses gender-sensitive issues by defining sexual harassment as unwelcome sexual advances, verbal or physical conduct, and making sexual favors a prerequisite for employment, promotion, or human resource management.[11] The proclamation mandates government institutions to take affirmative actions to improve female civil servants’ competence and decision-making positions.[12]

Gaps on the Ethiopian legal system 

Even though the Ethiopian legal system enshrines the laws and policies mentioned above it has its own gaps in addressing gender based violence adequately.  Absence of definition of gender based violence is the first and foremost gaps seen in the Ethiopian legal system. The 2004 Criminal Code lacks a definition delineating the parameters of gender-based violence. The absence of a comprehensive definition of the crime is a setback in the effective response to cases of gender based violence including compensation and rehabilitation of victims.[13] Moreover, Article 564 of the Criminal Code restricts domestic violence to marital partners and co-habitation, excluding other intimate partners, ex-partners, and family members. Another gap is that it also equates violence against a marriage partner or person cohabiting in an irregular union with willful injury, which may relegate cases to a regular crime. The definition of rape is narrow, excluding marital rape, which violates personal integrity and dignity and can result in physical and mental distress.

Cultural Factors and Gender-based Violence

Cultural factors have a big impact on how people react to gender-based violence (GBV) because they shape social norms, attitudes, and ideas about gender roles and appropriate behavior. Culture may promote gender based violence or discourage acts of gender based violence.  The FDRE constitution article 34 allows for the resolution of personal and family law problems in conformity with customary or religious laws when both parties agree to do so. This clause indicates the significant importance culture have in Ethiopian society, Given that there are several types of gender based violence within families, it demonstrates the extent to which culture influences how people respond to this type of violence.

By encouraging protective customs, building community cohesion, and using powerful leaders to influence change, cultural factors can positively influence reactions to gender-based violence (GBV). In Ethiopia, there are various cultures that condemn gender-based violence. These traditions protect victims of gender-based violence and penalize the perpetrator in various circumstances, such as physical assault or rape. We can take the Awramba society and the influence of Haadha siinqee’s in the Oromo culture.

On the other hand traditional gender norms that value male dominance and female subservience can legitimize or even excuse some forms of gender-based violence in numerous cultures, making it difficult for society to denounce abusive practices or for survivors to seek assistance. Due to stigma, fear of embarrassing the family, or financial dependence on the offender, cultural beliefs can also deter people from exposing GBV, especially in patriarchal settings. There is a tremendous denial about the issue of violence against women and children in Ethiopia. Ethiopians are defensive about any criticism directed against their society. They are proud of their culture or social system, and they don’t appear to want to change it.[14]In Ethiopia, certain cultures not only reject the problem of gender based violence but actually support it due to these and other reasons. As an example there are cultures which promote abduction, female genital mutilation E.T.C.

Conclusion

Gender-based violence (GBV) remains a significant challenge worldwide, and Ethiopia is no exception. Despite the country’s efforts to integrate gender-sensitive laws and by adopting international treaties and regional frameworks and promulgating national legislations, Ethiopia still falls short in fully addressing the broad spectrum of gender-based violence, especially in the context of intimate relationships and cultural factors which hinder effective response and protection for victims of GBV. The absence of a comprehensive definition of gender-based violence, the narrow scope of existing laws, and the lack of legal recognition for issues such as marital rape leave many victims vulnerable.

Cultural factors play a dual role; they can either perpetuate harmful practices or serve as a powerful tool for change. While some cultural practices, such as those seen in the Awramba society and Haadha Siinqee practices provide protective mechanisms for victims, deeply entrenched patriarchal values and societal stigma often perpetuate violence and discourage reporting. The glorification of male dominance in many communities allows for the normalization of abusive practices such as domestic violence, child marriage, and female genital mutilation. To eradicate GBV, Ethiopia must bridge legal gaps, challenge harmful traditions, and foster cultural and societal shifts that promote equality, dignity, and justice for all individuals, regardless of gender.

Reference(S):

Laws

1. Civil Code of the Empire of Ethiopia, Proclamation No. 165/1960.
2. Constitution of the Federal Democratic republic of Ethiopia, Proclamation No. 1/1995.
3. FDRE Labor proclamation, Proclamation No.1156/2019.
4. The Criminal Code of the Federal democratic republic of Ethiopia, Proclamation No. 414/2004.
5. The Federal Civil Servants Proclamation, Proclamation No.1064/2017.
6. UN General Assembly, Declaration on the Elimination of Violence against Women, 1993.

Journal articles and Books

1. Girmachew Alemu, Assessing the judicial response to gender-based violence in federal courts, lawyers for human rights, 2022.
2. Marew, A. & Alemtseyahe, B.(2021), The Ethiopian Legal Frameworks for the Protection of women and girls from gender-based violence, , Vol. 2, No.1.
3. Medhanit Adamu & Sofanit Mekonnen,Gender and the Law Teaching Material,the Justice and Legal System Research Institute,2009.

[1] UN General Assembly, Declaration on the Elimination of Violence against Women, 20 December

 1993, A/RES/48/104.

[2] Constitution of the federal democratic republic of Ethiopia, (proclamation No. 1/1995) Article 9(4).

[3] Constitution of the federal democratic republic of Ethiopia, (proclamation No. 1/1995) Article 13(2).

[4]Marew, A. & Alemtseyahe, B. The Ethiopian Legal Frameworks for the Protection of women and girls from gender-based violence, February (2021), Vol. 2, No.1, Pan African Journal of Governance and Development, P.11.

[5] Civil Code of the Empire of Ethiopia, (proclamation No. 165/1960) Article 635(2). 

[6] Civil Code of the Empire of Ethiopia, (proclamation No. 165/1960) Article 644(1).

[7] Civil Code of the Empire of Ethiopia, (proclamation No. 165/1960) Article 644(2).

[8] The Criminal Code of the Federal democratic republic of Ethiopia, Proclamation No. 414/2004, May 9, 2005.

[9] Labor proclamation, proclamation No.1156/2019, Article 2(11-12).

[10] Labor proclamation, proclamation No.1156/2019, Article 87(1).

[11] The Federal Civil Servants Proclamation No.1064/2017, Article 2(13).

[12] The Federal Civil Servants Proclamation No.1064/2017, Article 48(1).

[13] Girmachew Alemu, Assessing the judicial response to gender-based violence in federal courts, lawyers for human rights, June (2022), P. 14.

[14] Medhanit Adamu & Sofanit Mekonnen,Gender and the Law Teaching Material,the Justice and Legal System Research Institute,2009. p 67