University o Gondar

School of law

LLM Program

Gender and human rights law

Term paper

Title: The Normative implications of Article 35 of the FDRE constitution in

promoting gender equality and women’s human rights in Ethiopia.

Submitted by:

Abera Abebe (LLM Student at UoG)

Submitted to:

Yonas T. (PhD in Law)

16 Feb, 2018

i
Table of contents
Abbreviations and acronyms..........................................................................................................iii

Abstract...........................................................................................................................................iv

Introduction......................................................................................................................................1

1. Protections which had been provided to women under constitutions preceding the 1995 FDRE
Constitution......................................................................................................................................2

2. What is new in the 1995 FDRE constitution on the right of women?.........................................3

3. The rights of women protected under Art 35 of the FDRE constitution.....................................3

4. Why special provision as “rights of women”?............................................................................4

5. Normative values of Art 35 of the FDRE constitution................................................................6

5.1. Its supremacy and binding authority.....................................................................................6

5.2. Used as a direction for other legal and policy measures.......................................................7

5.2.1. Legal measures undertaken to accord with Art 35 of the constitution...........................7

5.2.2. Policy measures undertaken to promote gender equality and to accord with art 35 of
the constitution.........................................................................................................................9

5.2.3. Governmental and non-governmental organs established to help women and to

reinforce Art 35 of the constitution..........................................................................................9

5.2.4. Other Organs concerned with women’s issues.............................................................10

5.3. Used as an instrument in changing the demeanor of the society towards gender equality.11

6. What problems impede the de-facto realization of gender equality in Ethiopia?......................12

7. Conclusion.................................................................................................................................12

8. Recommendations......................................................................................................................13

Bibliography..................................................................................................................................15

ii
 Abbreviations and acronyms

FDRE = Federal Democratic Republic of Ethiopia

UN = United Nations

Const = Constitution

Art = Article

Proc = Proclamation

UDHR = Universal Declaration of Human Rights

ICCPR = International Convention on Civil and Political Rights

ACHPR = African Charter on Human and Peoples’ Rights

CEDAW = convention on the elimination of all forms of discriminations against women

WAO = women’s affair office

EWLA = Ethiopian women lawyers association

WAD = women’s affair department

iii
 Abstract
Historically, women* have been regarded as auxiliary to men in all parts of the world which
Ethiopia is not an exception. But, recently this long trend maltreatment of women is in changing
process. In the contemporary world, except some cultural and religious impediments, equality of
women with men gets universal recognition by the global community. To ensure gender equality
and women’s human rights different measures are being undertaken both at national and
international level. In Ethiopia, Art 35 of the FDRE constitution is a groundbreaking step
undertaken by the country to ensure women’s rights. Even the country has experienced about
four constitutions; the current one is distinctive from the preceding constitutions, inter alia it
gives due concern to gender equality and women’s rights. This article has invaluable
significance of creating normative values; being supreme law of the country, it plays a leading
role, at the national level, in recognizing and protecting gender equality and in legalizing
affirmative action made to women, to bring into line other laws, policies and customary
practices in a gender sensitive manner and in creating behavioral change up on the society
towards gender equality. To accord with this constitutional provision, different measures are
being undertaken to ensure gender equality and human rights of women but still the outcome is
not satisfactory; which shows as further efforts need to be made to ensure de-facto gender
equality and realization of women rights.

*N.B:- In this paper the term men-women identification is used by the normal (traditional)
conception without considering the idea of LGBT.

iv
 Introduction
Ethiopia has a long history of political, economic, social and religious affairs. With this long
history, it is hardly possible to say that Ethiopian women had not their own achievements. There
had been influential women who had remarkable leading role in the political history of Ethiopia
from the ancient Queen Saba of the 9th century B.C to Queen Zewuditu of the 20th century A.D.

Ethiopian society is also best known by its religious faith, mainly Christianity, and adhering the
commandments thereto. The religion advocates for love and respect for all including women.

Most historical literature of the country evidences the existence of number of elite women who
had active involvement in the political affairs of the country.1

Furthermore, there is a long established norm called the “Gada system” which is paramount to
the contemporary democratic system in its peaceful transition of power and administration of the
people. This system has a normative value of respecting women members of the society.2

But, albeit some elite women had involved in the political affair of the country and there had
been customary or religious norms providing respect for women, the roles of Ethiopian women
have been limited to the household affairs and they are subordinate to their husband. Women’s
contribution is mainly known by their attachment to some important men and their role in the
family.3

Under this paper, firstly, by comparative analysis, we will see the status of women in
constitutions preceding to the current constitution. Protections provided to women under the
1995 FDRE constitution is the next concern. In dealing with normative implication of Art 35 of
the constitution; the superiority in hierarchy and binding nature of the provision, prospective

1
Belete Bizuneh, Women in Ethiopian History: A Bibliographic Review, 8. Northeast African Studies, New Series,
7, 11(2001).
2
Bona Legesse Geshe, Beyond Universalism-Cultural Relativism Debate: Potentials of the Gada System for
Legitimizing Human Rights of Women, I. Ethiopian Journal of Human Rights, 40, 81 (2013).
3
Belete, supra note 1, page 12.

1
legal, policy and institutional measures undertaken by the country to accord with the constitution
and the resulting social change towards gender equality and women rights will be discussed
respectively. Finally, conclusion of the ideas discussed and my thoughtful recommendation will
be forwarded.

1. Protections which had been provided to women under constitutions

preceding the 1995 FDRE Constitution

Ethiopia adopts its first constitution in 1931.4 But this constitution is made to legitimize the
monarchical power of the emperor than to constitutionally guarantee the rights of citizens. The
second constitution adopted in 1995 which is the revised form of the first constitution. 5 It is
adopted mainly to incorporate Eretria in federation and to include some fundamental human
rights issues stipulated under UDHR.6 But the rights incorporated therein were insufficient to
ensure human rights of all persons and particularly in relation to women there had not been
specific laws.

The 1987 Constitution was comparatively gender sensitive to the extent that it clearly and for the
first time postulated the equal status of women and men in marriage relationship. 7 It also fixed
the age of marriage for both at maturity of 18 years old. But because of its short lived period of
applicability and non-dissemination to the people, it has less significance in realizing de facto
gender equality and to have normative change up on the society.

Beside the constitutions, Ethiopia had adopted different laws in the former regimes but such laws
were not gender sensitive. For instance the 1960 civil code of the Emperor of Ethiopia 8 is the

4
Ethiopian Constitution of 1931, established in the reign of His Majesty Haile Sellassie I, 16th July 1931. Ethiopia.
5
Revised Constitution of the Empire of Ethiopia, November 4, I955, Ethiopia.
6
Universal declaration of human rights, 10 December 1948, 217 A(III), general assembly resolution.
7
Constitution of the People Democratic Republic Ethiopia: Addis Ababa, 12 September 1987. Art 35, 36, 37
8
Civil code of the Empire of Ethiopia, proclamation No. 165, J960.

2
prominent law in dealing about the issue of spousal relationship and it gives one chapter for the
topic of marriage in the code. But, even it has its own some modification from the customary
law of the state; the code is still made in the form of patriarchal structure of the family.

The 1957 penal code of Ethiopia 9 has outlawed some acts committed against women like
misconducts in marriage (Art 614-620), rape (Art 589), abduction (558) and trafficking women
(Art 605) but still it has short comings in preventing harmful traditional practices against women.

Furthermore, Ethiopia had ratified CEDAW10 before the adoption of the 1995 FDRE
constitution, but it did not create any norm as it had no touch with the society.

Gender issues and attempts to protect the rights of women are not recent phenomena in Ethiopia
“Women’s association existed before and during Mengistu’s military regime, in power from
1974 to 1991”.11 The first nationwide Ethiopian Women’s Volunteer service Association was
allegedly formed in 1935.12 Onward to this time different women associations have been formed
in Ethiopia with different missions with the common goal of assisting and empowering women.13

2. What is new in the 1995 FDRE constitution on the right of women?

In the current regime, including the transitional period, a noteworthy step is undertaken in
recognizing the gender equality of women. During the transitional period, before the adoption of
the Constitution, Ethiopia issued the first National Policy on Ethiopian Women in 1993. 14 At the

9
Penal code of Ethiopia, 1957. Proclamation No. 158, Ethiopia.
10
Ethiopia has received the Convention on Elimination of Discrimination against Women (CEDAW) and signed on
8 July, 1980 and ratified on 10 December 1981 (State and Parties of the Convention, UNICEF, and UNIFEM).
11
Astrid Blystad, Haldis Haukanes and Mulumebet Zenebe, Mediating Development? Exchanges on Gender
Policies and Development Practices in AddisAbaba, Ethiopia; 60. Africa Today, 25, 33 (1, 8) (2014).
12
Burgess, Gemma, A Hidden History: Women's Activism in Ethiopia, 40(3). Journal of International Women's
Studies, 96, 98 (2013).
13
Ibid.
14
Sosena Demessie & Tsahai Yitbark, review of national policy on Ethiopian women: Digest of Ethiopia’s National
Policies, Strategies and Programs, 90-96, (Taye Assefa ed) (2008).

3
institutional level, the Women’s Affairs Office has been established in this transitional period in
1991 at the prime minister’s office.15

Albeit Ethiopia has experienced about four constitutions in its history; the 1995 FDRE
constitution is highly distinctive from the preceding constitutions by its far-reaching recognition
and incorporation of basic human and democratic rights. In relation to women, the constitution
guarantees human rights of women in a comprehensive manner.16

3. The rights of women protected under Art 35 of the FDRE constitution

The constitution guarantees the rights of women not only to be treated equally with men but also
to equally enjoy the rights and protections provided by the constitution. (35/1) furthermore, they
are entitled some specific rights because of their natural or social status. These rights include;

 Equal rights with men in marriage related aspects; (35/2) reaffirmed by subsequent laws
like the family law and criminal law.
 Entitled to affirmative measures in their socio-economic and political life; (35/3)
reiterated in different national laws and international conventions like CEDAW. This is
special privilege of women in exclusion of men.
 Protection from different harmful traditional practices which caused physical or mental
harm up on them; (35/4) enforced by the criminal law.
 The right to maternity leave, including prenatal leave, with full payment; (35/5) specified
by the civil servant and labor laws. This is a right provided only to women.
 The right to participate in public affair particularly on matters affecting their interest.
(35/6)
 The right to property; particularly in relation to land and inheritance (35/7) which is
reinforced in land and inheritance laws.
 The right to work. (35/8)
 The right to access family planning education, information and capacity to ensure healthy
child birth and rearing.

15
Ibid.
16
FDRE constitution, 1995, Ethiopia, Art 25, 34, 35 &42

4
 4. Why special provision as “rights of women”?

This is to answer what necessitates special provision to women while they are equally entitled
with men to the rights and freedoms provided under the constitution. (Art 25) History tells us
that women have been regarded as a secondary person in all parts the world which Ethiopia is
not the exception. This long trend maltreatment against women chronically rooted in the
society’s belief, culture, practices and individual’s personal behavior including women
themselves. Then, to ensure de facto equality of men and women, it is ridiculous to simply
dictating that “men and women are equal” In the present circumstance, women cannot have
access to or benefit from opportunities in the same manner as men when there is so much
difference between the conditions of women and men due to their disadvantageous background
and status as result of the historical and social maltreatments made against them. What is
provided under Art 25 of the FDRE constitution is equality of opportunity but this is indirect
discrimination17 because it leaves women to compete with men in the same playing field without
considering the difference between them. This is depicted in CEDAW that, despite various
instruments dictating equality of men and women, extensive discrimination against women
continues to exist.18

Then to realize practical equality between men and women, further measures need to be
undertaken.19 It needs a profound effort by taking legislative, executive and judiciary measures as
well as institutional re-arrangements in a gender sensitive manner and provides enabling
conditions to women for their endeavor in socio-economic and political life. This is what
necessitates special provision on the rights of women. 20 Women are equally entitled to the rights
and freedoms provided under the constitution and beside this the constitution provides specific
provision dealing about the rights of women under article 35 which is a corrective approach. This
recognizes the existence of differences between men and women based on the premise that

17
Wondemagegn Tadesse Goshu, the law of affirmative action in Ethiopia: a framework for dialogue, I. Ethiopian
Journal of Human Rights, 150, 154, (2013).
18
Convention on the Elimination of All Forms of Discrimination against Women, Adopted by General Assembly
resolution 34/180 of 18 December 1979, preamble Para. 6.
19
Wondemagegn, supra note 17.
20
FDRE constitution, 1995, Ethiopia. Art 35 “the rights of women.

5
women are in an unequal position21 because they face current discrimination, or they come
bearing the effects of past discrimination, or that the environment, at the family and public
levels, is hostile to women's autonomy.

The caption of Art 35 of the constitution, stating that “rights of women” shows, the special
emphasis given to women which is expressly provided. Even it is illustrative; as it aims to ensure
equality of women in political, economic and social life, it is also comprehensive.

Sub-art (1) of this article simply reiterates equality of women with men in specified manner
which is provided under article 25 of the constitution. The historical and cultural subordination
of women in marriage is outlawed by sub-art (2) of this article. Above all it is Art 35(3) of the
constitution which entails the adoption of corrective approach to gender equality by the
constitution and the justification to it.

“The historical legacy of inequality and discrimination suffered by women in

Ethiopia taken in to account, women, in order to remedy this legacy, are entitled
to affirmative measures. The purpose of such measures shall be to provide special
attention to women so as to enable them compete and participate on the bases of
equality with men in political, social and economic life as well as in public and
private institutions”22

Then all the rights provided under article 35 of the constitution are special entitlements of
women, because of their vulnerability and as a remedy for their past ill-treatments, which aimed
to realize de-facto equality of women with men in their socio-economic and political life. Beside
international obligations stipulated by different conventions which Ethiopia is a party, the state

21
Wondemagegn, supra note 17, p 155.
22
Supra note 20.

6
has also bind itself by its constitution under sub art (4) of article 35 to enforce the right of
women and to eliminate the influences of harmful customary practices.

The adoption of article 35 of the FDRE constitution is also justified as a measure of undertaking
the state’s international obligation. As stated above, Ethiopia is a signatory state of CEDAW; and
this convention adopts corrective approach to gender equality. 23 Although it is not direct clause,
as interpreted by the Committee on Civil and Political Rights (CCPR), the non-discrimination
clause (Art 2/1) of the International Covenant on Civil and Political Rights (1966) (ICCPR) also
has the concept of affirmative action. “The principle of equality sometimes requires States
parties to take affirmative action in order to diminish or eliminate conditions which cause or help
to perpetuate discrimination prohibited by the Covenant”.24

5. Normative values of Art 35 of the FDRE constitution

5.1. Its supremacy and binding authority

In the contemporary world, although there are different supra national laws concerned with the
affairs of continental or global arena, constitution is supreme law of the state almost in every
country and the same is true in Ethiopia. 25 Art 9(1) of the FDRE constitution affirms its
supremacy beyond and above any laws, customary practices or acts of officials in the sovereign
territory of the country.26

This supremacy of the constitution is no more thing than the superiority in hierarchy and binding
effect of provisions thereto of which article 35 is the one. Then one normative implication of
article 35 of the constitution is its compulsoriness and superiority. This normativity of article 35
23
Supra note 18, Art 4(1).
24
Committee on civil and political rights, general comment 18, Para 10.
25
Supra note 20, Art 9(1).
26
Ibid.

7
obliged any organs of the government, public or private institutions and individuals to comply
with it.

The other normativity of article 35 of the constitution is its usage as a standard to determine the
validity of other laws, policies, customary practices or actions of the government. By this effect
different measures have being undertaken by the state in repealing or amending laws and
criminalizing customary practices which are contradictory to article 35, legislating new laws and
designing policies and strategies to reinforce the values of article 35 of the constitution.

5.2. Used as a direction for other legal and policy measures

5.2.1. Legal measures undertaken to accord with Art 35 of the constitution: - Ethiopia has
undertaken different legal measures in the form of amendment or new legislation both at the
federal and regional level to overhaul harmful traditional practices and maltreatments made
against women. Regional constitutions which by and large resemble and operate with the Federal
constitution have also addressed the question of gender equality meticulously.27

The revised family law enacted in 2000 deals with equality between sexes in marriage-related
issues.28 As provided by the Federal Democratic Republic of Ethiopia (FDRE) constitution,
Regional States have their family laws. Thus far, Tigray, Amhara, Oromiya, and Southern
Nations, Nationalities, People (SNNP) regions have issued their own Family Laws; most of these
laws are similar with the federal family code in terms of equality of men and women in marriage
related issues.

The 1957 Penal Code has been revised to incorporate provisions for violence against women and
improve the existing ones, and is enforced since July 2004 29 Issue like female genital mutilation
is and other Harmful Traditional Practices (HTP) are criminalized (Art 561-570); Abortion is
still illegal but the grounds for a legally sanctioned abortion are outlined; (Art 545-552) Rape,

27
For example, Article 35 of the Constitution of Oromia National Regional State and Article 35 of the Constitution
of the Amhara National Regional State provide similar statements of affirmative action to women.
28
Federal Democratic Republic of Ethiopia, Federal Family Code: Proclamation 190/1999. Addis Ababa, Ethiopia.
(2000).
29
Federal Democratic Republic of Ethiopia, the Revised Criminal Code of 2004, Proc. No. 414/2004, Ethiopia

8
sexual abuses, abduction have merited graver penalties. Trafficking for prostitution purposes and
forced labor is punishable. (Art 635) Early marriage and other troubles in marriage have
outlawed. (Art 646-653)

Furthermore, the federal civil servant proclamation30 and the federal labor law proclamation31
cover issues of employment, salary, promotion, performance evaluation, training, leave and
disciplinary measures in gender sensitive manner to accord with art 35 of the constitution. In
accordance to Labor and Public Service proclamations, women are not to be discriminated
against as regards employment and payment on the grounds of sex; special protection is accorded
to pregnant women;32 No sex-based discrimination and female candidates are given preferential
treatment to fill vacancies;33 Widows and widowers have been given equal status in pensions by
amending Article 4 of the Public servant law of the 1962 that discriminated women concerning
pension.34

Paid maternity leave is secured under Public Service Regulations (amendment)35 by amending
Sub-Articles (I) and (2) of Article 38 of the public Service Regulations No. 1/1962. Land Use
Administration Laws are all enacted in conformity to the constitutional laws 36 ensured equal
rights of women in respect to the use, administration and control of land with respect to
transferring and bequeathing holding rights. This Proclamation No.89/97 has provisions for
gender sensitive regarding women’s equal access to land. It states that the land administration
law of a Region shall confirm the equal rights of women regarding the use, administration and
control of land as well as in respect of transferring and bequeathing holding rights [(Art. 6(10)].

30
Civil servant proclamation No. 262/2002, federal Negarit Gazeta of Federal democratic republic of Ethiopia
31
Labor law proclamation No. 377/2003 federal Negarit Gazeta of Federal democratic republic of Ethiopia
32
Ibid, Art 87
33
Supra note 30, Art 13
34
Public service amendment proc. No190/99, federal Negarit Gazeta of Federal democratic republic of Ethiopia
35
Public Service Regulations Amendment, Council of Ministers Regulations No. 32/1998, Art 2. federal Negarit
Gazeta of Federal democratic republic of Ethiopia
36
Federal land administration law proc. No. 89/97, Art 5 & 10, federal Negarit Gazeta of Federal democratic
republic of Ethiopia

9
To ensure active participation of women in political affairs, electoral laws of the country provide
not only equality of men and women in political participation but also give special support for
women candidates.37

5.2.2. Policy measures undertaken to promote gender equality and to accord with art 35 of
the constitution: - Any policy of the country are being made incorporating gender issues and in
a manner of promoting gender equality. These include the economic Policy along with its
strategy, the Agricultural Development Led Industrialization (ADLI), the National Policy of
Ethiopian Women, the National Population Policy, the Education and Training Policy, Health
Policy, Developmental Social Welfare Policy, Environmental Policy, Culture Policy, Policy on
Natural Resources and Environment, and others.38

The first National Policy on Ethiopian Women was issued by the present government in 1993
(The Transitional Government of Ethiopia 1993).39 It was quite comprehensive and contained
fourteen strategic and well-specified areas where efforts should be made including raising
awareness to eliminate prejudices against women.40 In the early 2000s, the first National Action
Plan on Gender Equality was prepared with the intention of speeding up implementation of the
national policy from 1993, and in 2005 a second National Action Plan on Gender Equality
(2006–2010) was issued41

37
Revised Political Parties Registration Proclamation No. 573/2008, Article 45(1)(2), federal Negarit Gazeta of
Federal democratic republic of Ethiopia. National Electoral Board of Ethiopia Regulation on Procedure for
Determining the Apportionment of Government Financial Support to Political Parties Regulation No. 5/2009,
federal Negarit Gazeta of Federal democratic republic of Ethiopia.
38
WABEKBON Development Consultant PLC, ETHIOPIA: Country Gender Profile, FINAL REPORT: page 11-
14, December 2006.
39
Office of the Prime Minister /Women's Affairs Sub Sector, A National Report on Progress made in the
Implementation of the Beijing Platform for Action, p, 3, March 2004, Ethiopia.
40
Sosena, Supra note 14, p, 95-96
41
Astrid Blystad, supra note 11, p 33 (8)

10
5.2.3. Governmental and non-governmental organs established to help women and to
reinforce Art 35 of the constitution: - At the institutional level, the Women’s Affairs Office,
established in 1991 at the prime minister’s office 42 and in 2005 it was turned into a full-fledged
federal ministry, the Ministry of Women’s Affairs. The Ministry of Women’s Affairs (MoWA)
was established in October 2005 and got its force by proclamation No. 471/2005. 43 The Ministry
is entrusted with the responsibility of initiating recommendations on the protection of the rights
and interests of women at national level and follow-up their implementation and currently it is
known as the Ministry of Women, Children and Youth Affairs. 44 Similarly, Women’s Affairs
Bureaus (WAB) were established at regional level in all the regions in Ethiopia. At Zonal and
district levels, the women’s affairs offices were also established. Furthermore, all sector
ministries have a gender unit, women’s affairs bureaus have been established at the regional
level, “Most of the large international donors represented in Addis (USAID, CIDA, DFID, and
so forth) today have their own gender advisors, or even their own gender units 45 A large number
of gender- or women-focused initiatives and institutions are thus in placed in the country.46

5.2.4. Other Organs concerned with women’s issues: - Since the adoption of the 1995 FDRE
constitution, a number of women’s institutions and civil society organizations have emerged in
Ethiopia to reinforce the rights of women provided under art 35 of the constitution.

5.2.4.1. Institute of Gender Studies (IGS):- is established by Addis Ababa University and is
engaged in training qualified professionals in gender issues at graduate level, further the institute
is conducting research, collects and document material on gender issues and made them available
to users. It also encourages university staff and students of all levels to write their graduation
papers on gender related issues.47

42
Sosena, Supra note 14
43
Ibid.

44
Ibid.
45
Supra note 11, p 33.
46
Ibid.
47
Supra note 13, p 17.

11
5.2.4.2. Women’s Civil Society Organizations in Ethiopia: - The Ethiopian Women Lawyers
Association (EWLA) is the first and most well-known of these groups 48 EWLA is a non-profit
making advocacy group founded by a group of women lawyers in 1995 to defend women’s
rights through the legal system, to raise public awareness about the plight of women, and to work
for reforms promoting gender equality. It has also six branch offices at regional level. 49 The
stated mission of EWLA is: “The promotion of the economic, political, social rights of women
and to that end to assist them to secure in particular full protection of their rights provided under
the FDRE Constitution and the relevant human right conventions”.50
Other civil society organizations include the Addis Ababa Women’s Association (AAWA), the
Network of Ethiopian Women’s Associations (NEWA) and the Organization Against Gender-
Based Violence.51 As we observe from our daily life experience different affirmative measures
are also being made for women in their academic, economic, social and political participation
both in public and private institutions.

5.3. Used as an instrument in changing the demeanor of the society towards gender
equality
Albeit it is not satisfactory, the normative change of Ethiopian society towards gender equality is
observable and it is article 35 of the FDRE constitution which lays down the foundation for the
resulting social change towards gender equality by ensuring human rights of women and
legitimizing affirmative measures made for them. The constitutional provision is the basic
principle used as a standard for any legal, customary or other practices accepted in the socio-
economic and political affairs of the society. Accordingly Art 35 of the FDRE constitution used
as groundwork to have other legal and policy measures as well as institutional re-arrangements
and establishment of different organs in line with it in gender sensitive manner to foster gender
equality and empowering women in their socio-economic and political life. The Ethiopian
government is being introduced measures both institutional and legislative to promote women’s
rights.

48
Burgess, supra note 12, p 102.
49
Ibid.
50
EWLA publication
51
Burgess, supra note 12. P,102

12
Politically, women’s representation in both federal and regional legislative bodies has shown a
tremendous improvement.52 According to this report;

In May 2005 election, out of the 547 of the federal parliament seats, women have contested for
275 or 50 percent seats and 45 percent of the contesters have won parliament seats.

• Currently, 22 percent of the federal legislative body is represented by women.

• In all the twelve parliamentary standing committees, women are counting 24 percent of the
total members of the committees.

• Of the total of 65 high level (ministerial, sub-ministerial and commission) executive positions
women are holding only 14 percent. While the number of women ministers is only 2.

6. What problems impede the de-facto realization of gender equality in

Ethiopia?
Despite Impressive amendments have been made at the level of policy and legislation and
establishment of women concerned governmental and non-governmental organs which results an
undeniable some progress to gender equality and empowerment of women, the rights of women
in Ethiopia is not still fully realized as stipulated in the constitution and other national and
international laws.53 “Ethiopia has become an island lagging behind in most questions concerning
gender equality and women’s rights.” 54 The lack of radicalism and innovative views and the
hierarchical organization of Ethiopian society as well as the country’s long history of political
repression are attributes of gender inequality in Ethiopia.55

The restrictive law of the country concerning with civil societies and charitable organizations
also prevent such organs from actively engaging to foster women’s rights. In 2009, a law
regulating the activities of NGOs was passed.56 It states that “NGOs working in the fields of
52
Supra note 38, p 17
53
Astrid Blystad, supra note 11, p 34. (9)
54
Ibid, p 34 (9)
55
Ibid.
56
Charities and societies proclamation No. 621/2009, federal Negarit Gazeta of Federal democratic republic of
Ethiopia.

13
human and democratic rights and the promotion of gender equality cannot receive more than 10
percent of their funding from foreign sources”. 57 This apparently restrictive law affects financial
capacities of such Organizations to actively engage in promoting human rights of women.

Other grounds including deep rooted Culture and tradition of the society which is harmful and
discriminatory against women, Economic incapability of the country to provide adequate
financial support to different programs and organs intended to foster women’s rights, political in
instability of the country, lack of awareness by women themselves and so on are attributable to
the problem.

57
Ibid, Art 14(5).

14
 7. Conclusion
To be a man or a woman is a natural destiny beyond the will and capacity of a person. Then the
main point is to be created being a human and it is the yardstick to deserve similar status and
treated equally. All human beings are born equal and by our status (being rational creature) we
are entitled (deserve) for some inviolable entitlements (rights) naturally attached with us simply
because our circumstance necessitates it. Both men and women are equally entitled to similar
rights merely by being a human but being a women demands additional entitlements because of
their special natural status with them (pregnancy and giving birth) but being men have no any
special status except biological difference which does not need additional entitlements different
from women. Then human rights of women are the right to equal enjoyment of rights and
freedoms of human beings equally with men and enjoying their exceptional natural rights
attached with them. Furthermore due to their historical subordination and current social prejudice
they are also legally entitled to temporary affirmative actions as compensatory measure and as
incentives. Then, to protect human rights of women is no more thing than giving effective
enforcement to their natural and legal rights.

Accordingly, Art 35 of the FDRE constitution is adopted to ensure effective realization of

women’s human rights. Incorporation of specific article in the constitution focusing on the rights
of women implies the special concern given to gender equality (human rights of women) by the
constitution and the commitment of Ethiopia (the government) to ensure gender equality and to
realize human rights of women. Art 35, by outlining basic rights of women in a comprehensive
manner, provides constitutional guarantee to gender equality and the rights of women. Beside
this, the incorporation of Art 35 of the constitution concerning the rights of women, the
constitution, being the supreme law of the state, has the normative effect of binding all laws,
customs or actions of officials to be accord with it. It can also play the leading role in
recognizing human rights of women and also in justifying affirmative actions made for them.
Furthermore, this constitutional provision brings normative change of the society towards gender
equality and human rights of women. It has also used as a foundation to take other measures of
legislative, executive, and judiciary nature. Policies and strategies are also designed in
accordance with the constitutional provision to reinforce rights of women. Different institutions
and women associations are also established to promote the constitutional rights of women.

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 8. Recommendations
Although the measures undertaken and efforts being done are fundamental steps to ensure human
rights of women and realizing gender equality, further measures are still awaiting to be taken for
de-facto gender equality and ensuring human rights of women because notwithstanding the
existing legal and policy measures as well as establishment of different organs to promote gender
equality, the factual inequality of women and violation of their rights is still rampant. Among the
tasks which need to be undertaken prospectively, improving enforcement mechanisms by giving
due concern to the issue is the foremost way to protect human rights of women.

Mostly violences against women are systematic and also have social coverage. The society may
consider it as a normal action and does not report the violence to the concerned bodies. Even the
victim women also may not complain/report the violence due to fear of social sham and not to be
considered as deviant from the society. Then there need to be mechanisms to handle such
problems which cover up the violence.

There are also domestic violences against women which are beyond the reach of the law like
work load up on women both at home and out of home tasks mostly in rural areas while the work
of men is limited to out of home tasks which are mostly seasonal, keeping women at home and
household tasks by preventing them from involvement in social life, preferential treatment to
boys than girls in child bearing, women are expected to respect their husband whereas for the
husband his wife is no more thing than the mother of his child. Then measures need to be
undertaken to circumvent such prejudiced norms of the society.

The other important point is legal gap in addressing reproductive right of women. Reproductive
right is made a human right in Teheran declaration but in Ethiopia, neither the constitution nor
other laws address the issue. To give birth or having a child and to/not to have a sexual relation is
one’s personal affair. Accordingly it needs to be protected as one’s own free will. Even this right
is concerned with both men and women, it is more important to women as they are those who
give birth and mostly exposed for sexual abuses like marital rape which consequently causes
social, economic, moral and health problems. Then there need to be laws protecting reproductive
rights of women which abolish abortion, criminalize marital rape, prohibiting unwelcomed
sexual intimidation and the like.

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 Bibliography
Laws

 THE 1931 Ethiopian constitution, 1931, Ethiopia.

 The Revised constitution of Ethiopia, 1955, Ethiopia.
 PDRE constitution, 1987, Ethiopia.
 Federal Democratic Republic of Ethiopia Constitution, 1995, Ethiopia.
 Convention on the Elimination of All Forms of Discrimination against Women, 18
December 1979.
 Universal declaration of human rights, 1948
 International convention on civil and political rights, 1976
 African charter on human and peoples’ rights, 1981
 Civil code of the Empire of Ethiopia, proclamation No. 165, J960.
 Penal code of Ethiopia, 1957. Proclamation No. 158, Ethiopia.

 Federal Democratic Republic of Ethiopia, Federal Family Code: Proclamation

190/1999. Addis Ababa, Ethiopia. (2000).
 Federal Democratic Republic of Ethiopia, the Revised Criminal Code of 2004, Proc.
No. 414/2004, Ethiopia
 Civil servant proclamation No. 262/2002, federal Negarit Gazeta, Federal democratic
republic of Ethiopia
 Labor law proclamation No. 377/2003 federal Negarit Gazeta, Federal democratic
republic of Ethiopia
 Public service amendment proc. No190/99, federal Negarit Gazeta, Federal
democratic republic of Ethiopia
 Public Service Regulations Amendment, Council of Ministers Regulations No.
32/1998, federal Negarit Gazeta, Federal democratic republic of Ethiopia
 Federal land administration law proc. No. 89/97, federal Negarit Gazeta, Federal
democratic republic of Ethiopia

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  Revised Political Parties Registration Proclamation No. 573/2008, federal Negarit
Gazeta, Federal democratic republic of Ethiopia.
 Charities and societies proclamation No. 621/2009, federal Negarit Gazeta, Federal
democratic republic of Ethiopia.

Books

 Sosena Demessie & Tsahai Yitbark, review of national policy on Ethiopian women:
Digest of Ethiopia’s National Policies, Strategies and Programs, (Taye Assefa ed)
(2008).

Journal articles

 Belete Bizuneh, Women in Ethiopian History: A Bibliographic Review, 8. Northeast

African Studies, New Series, 7, (2001)
 Bona Legesse Geshe, Beyond Universalism-Cultural Relativism Debate: Potentials of
the Gada System for Legitimizing Human Rights of Women, I. Ethiopian Journal of
Human Rights, 40, (2013).
 Astrid Blystad, Haldis Haukanes and Mulumebet Zenebe, Mediating Development?
Exchanges on Gender Policies and Development Practices in AddisAbaba, Ethiopia;
60. Africa Today, 25, (1) (2014).
 Burgess, Gemma, A Hidden History: Women's Activism in Ethiopia, 40(3). Journal of
International Women's Studies, 96,(2013).
 Wondemagegn Tadesse Goshu, the law of affirmative action in Ethiopia: a framework
for dialogue, I. Ethiopian Journal of Human Rights, 150, (2013).

 Burgess, Gemma, A Hidden History: Women's Activism in Ethiopia. 14(3)Journal of

International Women's Studies, 96, (2013).
 Mrs. Glory Nirmala k, Family violence against women: how does Ethiopian law
compare with international definitions? 1(2) Haramaya law review,51, (2013)
 Konjit Kifetew, Gender and Cross Cultural Dynamics in Ethiopia, Agenda:
Empowering Women for Gender Equity, p. 122 Culture (2006).

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Unpublished materials

 WABEKBON Development Consultant PLC, ETHIOPIA: Country Gender Profile,

FINAL REPORT: page 11-14, December 2006.
 Office of the Prime Minister /Women's Affairs Sub Sector, A National Report on
Progress made in the Implementation of the Beijing Platform for Action, p, 3, March
2004, Ethiopia.
 Emebet Mulugeta, Report on selected practices on gender mainstreaming – Ethiopia.
 Kidist Alemu, Enforcement of CEDAW in Ethiopia, in light of state obligations, Master
thesis, (Supervisor: Professor Göran Melander), FACULTY OF LAW, University of
Lund, (December 2002)

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