TRADITIONAL LAWS DISCRIMINATORY TO WOMEN INVALID UNDER ETHIOPIA'S NEW CONSTITUTION, ANTI-DISCRIMINATION COMMITTEE TOLD

24 January 1996

Press Release
WOM/889

TRADITIONAL LAWS DISCRIMINATORY TO WOMEN INVALID UNDER ETHIOPIA'S NEW CONSTITUTION, ANTI-DISCRIMINATION COMMITTEE TOLD

19960124 Ethiopian Delegation Says Infibulation Difficult to Eliminate; Committee Concludes Considering Country Report

Numerous traditional and customary laws discriminatory to women had been rendered null and void by the newly adopted constitution of Ethiopia, the Committee on Elimination of Discrimination against Women was told this afternoon as it concluded its consideration of the report of Ethiopia. The 23-member expert Committee monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

Responding to questions posed by the members of the Committee on 19 January, Netsanet Asfaw, a member of the Ethiopian Parliament and member of the Women's Committee, said Ethiopian women marrying foreigners were no longer deprived of citizenship. Moreover, the concept of man as the head of the family had been abolished. Policies geared towards the realization of the rights of women had been adopted in the areas of population and health.

Also addressing the Committee, Tadelech Haile-Michael, Ethiopia's Minister for Women's Affairs, said even though rights were guaranteed in the Constitution, the civil and criminal codes had to be rewritten. The traditional practice of genital mutilation had proved difficult to eliminate since the mothers themselves supported infibulation of their daughters. The Government could not "take all the mothers in Ethiopia to court to protect children from their mothers". Education was essential to combat that practice and health clinics were required to provide such education.

An expert from Burkina Faso suggested that the practice of mutilation be criminalized and those who performed it be punished. Similar measures had resulted in a decrease in the practice in her country.

Issues addressed in the response included abortion, education, prostitution and rehabilitation.

The Committee will meet again at 10 a.m. Friday, 26 January, to consider the second periodic report of Belgium.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to hear a response by Ethiopia to questions posed by Committee experts. The Committee examines measures taken by States parties to the Convention on the Elimination of All Forms of Discrimination against Women to ensure equal participation of women in their countries' political, economic and cultural life.

Response of Ethiopia

TADELECH HAILE-MICHAEL, Ethiopia's Minister for Women's Affairs, said since her Government wanted solutions to existing problems, it could not afford not to be frank. The situation in her country had to be understood in the context of the military dictatorship which ended in 1991, the transitional period, and the new democratic Government which began functioning just months ago.

During the period before the military dictatorship 21 years ago, she said, women had no access to and control of resources, and no political participation. Inhuman practices against women were a consequence of their secondary position in society. Women were a third of the fighting force that removed the military junta. Today, women had the right to access and control of property, including land, and equality with men. They had a right to health and education services and to be protected against harmful cultural practices. However, many challenges remained.

She said the Constitution had enshrined all the rights of women and children. The civil and criminal codes, including the family and labour laws, would have to be rewritten to be consistent with the Constitution.

Legal provisions in the Constitution forbade traditional practices, she continued. However, the Government could not take all the mothers in Ethiopia to court to protect children. The mothers themselves supported infibulation. It was through education and enlightenment that the practices would be eradicated. The practice would be addressed through the five-year plan of action, which provided healthcare services in the rural areas. Clinics were required to provide not only primary healthcare, but also education to combat harmful practices.

In response to an expert's observation that mothers were left to fend for themselves outside the home during childbirth, she said there might be some isolated communities where that existed. However, the practice was not prevalent among the majority. As a matter of fact, women were pampered and given attention during childbirth.

She said it was regrettable that criticism was expressed by one expert that Ethiopia did not give due respect to traditional medicine. The country had a rich heritage of herbal medicine, but knowledge of dosage and application were wanting. Practices of witch doctors who were separate from traditional healers needed to be curbed.

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The fear expressed by one expert that conditions similar to those in Rwanda would apply to Ethiopia was unfounded, she continued. Any nationality or nation that did not want an Ethiopian identity must have the right to express itself freely, including the right to use their own language.

She said she was flabbergasted to discover that the report issued as document CEDAW/C/ETH/1-3 was not the report that the Government had submitted two years ago. It must have been submitted by a non-governmental organization. She requested an explanation from the Secretariat and requested that the document be withdrawn.

NETSANET ASFAW, Member of Parliament and of its Women's Committee, responding to a question on whether the Convention was incorporated into national law, said that the Constitution gave women and men equal rights, and it was consistent with the Convention. The civil, criminal and family laws were being thoroughly examined in order to make laws and articles that were not consistent with the Constitution null and void.

Responding to a question on how the Government intended to change the customary laws of the different ethnic groups and the discriminatory laws in the civil and criminal codes, she said that all laws that did not abide by the Constitution were prohibited. The Constitution stated that all international agreements by Ethiopia were an integral part of the laws of the land.

Replying to a question about the institutional arrangement of the national machinery, she said that each ministry was mandated to incorporate women's issues in its plan. The ministries had gender departments which made sure that women's issues were addressed.

As to how women's issues were addressed at lower levels, she said that since the establishment of the Women's Affairs Office in 1992, a national policy had been approved by the Council of Ministers which established women's units to implement policy at all levels. However, one of the main problems was lack of resources.

In terms of education, special considerations were made for girls to enter the university; they were allowed to enrol at a lesser grade point average than males. The new educational policy stressed that special emphasis and efforts should be made to ensure that girls were enrolled in school. Teachers were being provided with gender sensitivity training.

Continuing, she said prostitution was a direct result of poverty and would only disappear when there was equality between women and men. The practice could not be eliminated in a short period of time; efforts were under way to remove the economic and social causes of prostitution. Training programmes were in place to involve women in acquiring skills to help them gain alternative sources of income. Had the $17 billion spent during the war been used for development, the number of prostitutes and level of poverty would have been minimized. Trafficking in women had not been observed. Further research would provide a clearer picture.

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She said the Government, non-governmental organizations and women's groups were trying their best to apply the principles of the Beijing Platform for Action. The Constitution protected women against violence. Wife beating, mutilation, circumcision and all forms of discrimination were considered illegal. However, intensive education was essential to make women aware of the institutions that were already in place to see to it that their rights were protected. Also, health and law personnel needed training. Education was very important for the development of human dignity and for curtailing prostitution. However, there were not enough schools. The challenge was to make parents aware that an educated girl was as useful as an educated boy. Also, some community leaders needed special efforts to sensitize them.

In response to a question on whether health personnel were being trained to combat violence and the spread of AIDS, she said despite a shortage of funds, the Government was doing its utmost to redefine violence against women to eliminate mutilation and to address women's health needs.

She went on to say that educational materials, such as films and brochures, that militate against infibulation had been developed in cooperation with the Government, women's groups and non-governmental organizations. Mass media was also engaged in combating any harmful traditional practices. The problem was complicated by the fact that the practice of circumcision was carried out by women themselves.

Referring to a question about the role of educated women in changing their society, she said that, in general, those women who were aware of their rights were supportive of the democratization process and were organizing according to their professions and preferences into several women's groups. The majority of women who had achieved positions of responsibility had achieved prominence as a result of their own hard work and persistence.

She said the comment that an immense effort was needed to educate and sensitize society before the Convention was fully implemented was correct. That process had already begun in Ethiopia, but since women needed to be aware of the importance of cultural changes for their own sake, the process would take a long time.

Responding to questions on article 6, which requires States parties to suppress all forms of traffic in women and exploitation of prostitution of women, she said that there was no clear law prohibiting prostitution, but there was societal pressure against prostitution. Punishing women without providing alternative means of income would be wrong. Moreover, it would be difficult to identify prostitutes since most of them worked as waitresses in drinking establishments.

She said the main reasons for early marriage was that women were landless. The practice had developed as result of families competing for dowries that might be acquired from the bride's family. That practice disfavoured girls who, as a result of the practice of dowries, became a source of impoverishment to their families. In the north of Ethiopia, the practice became redundant when girls acquired land rights at the age of seventeen. Dowries were unnecessary for girls who had their own land at the age of

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seventeen. It could be inferred that cultural arrangements changed not as a result of decree, but because the reason for their existence was removed.

Concerning article 7 -- which states that women shall share on equal terms with men in the political and public life of the country -- questions had been raised about the practice of democracy in a society with such low literacy, she said. Though education enhanced democracy, it was people, aware of their deprivation, who made democracy happen. The concept of human rights was enshrined in the charter of the transitional period and the Constitution of Ethiopia. If traditional practices were considered as human rights issues, then consistency demanded that mothers be brought to court and face the consequences, but the issue had become complicated. However, that did not mean that there were no efforts to identify practices that fell within the realm of human rights violations.

She recalled that a question had been asked about why Ethiopian women marrying foreigners were deprived of citizenship. That law had been made null and void by the new Constitution, she said. Moreover, Ethiopian women were not required to and did not adopt their husband's names.

Regarding article 10 -- which calls for women to be granted equal rights with men in education -- she said girls dropped out of school due to poverty and due to scarcity of schools. Many schools were for from home and parents did not wish to send their daughters that far. The Constitution was working towards changing stereotypes and women's organizations were promoting economic, political and social rights of women. The women's policy, the population policy and the health policy were geared towards the realization of the rights of women.

On abortion, she said Ethiopia believed in prevention. Food taboos prohibited people from eating anything outside the kosher rules. Girls were denied certain other foods believed to be nurturing to stunt their growth until they acquired husbands.

Responding to questions on polygamy, she said the practice would disappear as a result of education. People were also becoming aware of the dangers of promiscuity and the Ministry of Health, along with religious institutions and non-governmental organizations, was carrying out an intensive campaign for the prevention of AIDS.

On article 12 -- which provides for measures to be taken to eliminate discrimination against women in the field of health care -- she said experts had asked why abortion was illegal when it was acknowledged that a large number of deaths had resulted from it. The issue was being addressed as a subject important for the democratization process. Abortion was not considered an appropriate means of birth control and women were discouraged from seeking it as an option. Raped women often did not report the crime. The Constitution stated that children born out of wedlock had the same rights as those born within wedlock.

There was preference for large families because children provided labour in agrarian communities and were guarantees in old age, she continued. Where

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traditional laws were not consistent with the Constitution, it was the conscious effort of women which would get their rights respected. The concept of man as the head of the family had been abolished. So far as the impact of the Constitution on traditional practices was concerned, all laws which were not in keeping with the Constitution had been declared null and void.

On articles 14 and 15 -- which takes account of the particular problems of rural women and which calls on States to give women equality with men before the law -- she said non-governmental organizations were training rural women in new skills. The national plan of action of the Government had given priority to retraining, and rehabilitation programmes had been set up. The Government was committed to human rights; Amnesty International was free to visit and investigate charges of human rights abuses.

Regarding article 16 -- which spells out the equality of women's rights in matters relating to marriage and family relations -- an expert had questioned the necessity of arbitrators in the dissolution of marriage, she said. The option was available under customary and religious law if couples chose to bypass the legal procedures.

Discussion of Response

The Chairman of the Committee, IVANKA CORTI, expert from Italy, thanking the Minister for her answers, said she was not aware of the situation regarding the report of Ethiopia. The high mortality rate caused by abortion needed to be combated.

An expert said she had earlier posed a question on ethnic conflicts since there were so many ethnic groups in Ethiopia and attempts had been made to unify the groups. The question had been raised in that spirit. The issue of ethnicity and ethnic diversity could be used as a unifying force, therefore, every effort must be made by the Government to reconcile the various groups. On the issue of translation of the Convention, she said it should be translated into simple language so that women could understand and benefit from it.

Another expert, noting that her questions had not been answered, asked what specific national strategy the Government had decided to implement to set priorities for the many problems faced by Ethiopian women? While Ethiopians' determination to achieve their rights was a crucial factor, that alone could not solve the problems. The issues of circumcision, rape and lack of education required vigorous action. She acknowledged the progress made so far.

An expert said the Constitution was important as it contained an article on affirmative action; she asked for an English translation of the Constitution in the future report. On the visibility of the Convention, perhaps the Government could approach the United Nations Development Fund for Women (UNIFEM) to publish the Convention further. Perhaps the women's units could be utilized more fully in combating harmful practices.

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Another expert asked why there was such a large difference in the percentages of participation of women at difference levels of government. There was a low level in Parliament and a high level at the local level. Why was there such a low participation of women in Parliament?

One of the problems faced by women was the difference that existed between de jure and de facto situations, an expert said. Legal strides should not remain a mere declaration of what should be done. What would the Government do to improve the situation of women? How much money of the national budget was being used to combat practices which constituted a grave violation of the rights of women and girls? How much money had been earmarked for educational programmes?

Another expert underlined the many advances that had been initiated since the end of the conflict in Ethiopia, especially constitutional changes. She asked whether the introduction of gender issues in the ministries had had any impact. Were there programmes and policies to assist women who were displaced, deserted and had no support at the village level? She asked for more information on how women were impeded or enhanced with regard to gender equality. What steps were being taken by the Government in educating police and judicial personnel on human rights?

Another expert thanked the Ethiopian representatives for their answers. When it came to genital mutilation, it was not a question of condemning mothers. She said that in her country, Burkina Faso, certain practices had been criminalized. It was not just a question of education. When education was not working, the penal code had to be reviewed. The mothers should not be punished but rather those who carried out infibulation. Since this had been done in her country, incidence of the practice had decreased. What kind of measures were being taken to help women in terms of access to credit? The observance of African Women's Day or International Women's Day could be used to raise awareness and the social status of women. Were there centres in Ethiopia to help girls?

Regarding protection of illegal children, an expert asked if it was no longer necessary for a woman to marry since her children enjoyed protection whether they were legal or illegal, making the institution of marriage superfluous. If a government wanted to decrease child labour, it should start with compulsory education. If one waited until there was no child labour, there would never be compulsory education.

Assistant Director, Division for the Advancement of Women, Department of Policy Coordination and Sustainable Development, KRISTEN TIMOTHY, said there were two reports before the Committee, one dated 1993 and one dated 1995. Both reports were believed to have been submitted by the Government. It was not the practice of the Secretariat to issue any reports presented by non- governmental organizations.

Ms. HAILE-MICHAEL, Ethiopia, said the issue concerning the report would be dealt with between the Permanent Mission and the Secretariat. She apologized for not having been able to answer some of the experts' questions to their complete satisfaction.

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Abortion was illegal in Ethiopia, she said. However, the practice persisted. Discussion had taken place within the Government and measures were being considered to address the situation. One solution was to concentrate on pregnancy prevention including contraception, family planning and education.

On the issue of ethnicity, Ms. ASFAW, Ethiopia, said that it would be dangerous to limit freedom of expression. The people of Ethiopia had at least 80 languages, with many different cultures and religions. No one could force them to be an Ethiopian. The alternative was to make Ethiopian identity an attractive option. There were incredible challenges because Ethiopia was a very old society but ethnicity had become a unifying experience in time of peace. It was only when women's rights were realized that democracy would enter the home.

The Chairman of the Committee, Ms. CORTI, expert from Italy, said ways must be found through human rights and education to respect democracy. So many cultures, so many years of war presented challenges. The Government had started with a good approach. Democracy could be consolidated through the protection of women's rights. If half of the population suffered from discrimination, peace and stability could not be ensured. More foreign help was needed to overcome Ethiopia's difficulties. She commended the Government's efforts to overcome underdevelopment and deep-rooted discrimination against women. Priorities must be established because all problems could not be solved at once.

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