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Shadow Report on Ethiopia’s 2015-2023 State Report on the Implementation of the Maputo Protocol: Progress, Successes and Challenges

The Shadow Report on the Federal Democratic Republic of Ethiopia’s 7th to 10th Periodic Reports (2015-2023) on the Implementation of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), submitted on April 23, 2024, highlights the country’s progress, successes and challenges in effectively implementing the Maputo Protocol. The report is a collaborative effort by Equality Now, the Ethiopia Women Lawyers Association (EWLA), the Network of Ethiopian Women Association(NEWA), the Ethiopian Human Rights Defenders Center (EHRDC), Ethiopian Women Rights Advocate (EWRA), TIMRAN, the Strategic Initiative for Women in the Horn of Africa (SIHA). Equality Now provided technical guidance and support to the platform of organizations in the development of the Shadow Report and in its subsequent submission to the African Commission on Human and Peoples’ Rights.  

Consequences of Past and On-going Conflicts

The Federal Democratic Republic of Ethiopia (Ethiopia) ratified the Maputo Protocol in 2018. However, it has placed reservations and interpretative declarations on the Protocol, limiting its full implementation. Ethiopia’s Constitution and various laws and policies provide for gender equality and protection against discrimination. However, legal and practical discrimination still persists, including in the case of conflict-related sexual violence. Among several other recommendations, the report calls for Ethiopia to put in place measures to ensure accelerated implementation of the transitional justice process, particularly for victims and survivors of conflict-related sexual violence.

The Reality of Sexual and Gender-based Violence

The report acknowledges that the Government has put in place laws and policies against sexual and gender-based violence (SGBV), but the implementation of these laws is weak. The issues highlighted include the lack of criminalization of marital rape, inadequate definitions of domestic and workplace violence, and problematic legal provisions that lay blame on victims of violence. Recommendations include amending laws to better protect women, adopting a comprehensive law addressing all forms of VAWG, improving the enforcement of laws, and ensuring accountability for crimes.

Issues concerning Family and Marriage laws and practices

The report also highlights issues pertaining to marriage and the family. It applauds the Government for stipulating the minimum age of marriage under the Revised Family Code as 18 years but expresses concern over the exceptions that authorize the Minister of Justice to reduce the age of marriage to 16. While the report welcomes the enactment of the Revised Family Code, it bemoans the fact that some regions of the country do not have codified family laws. The report further calls for the Government to consider the disproportionate effect of child maintenance decisions on women. Recommendations include lifting the reservations in relation to Article 6 (c), (d), (f), and Article 7 (a) of the Maputo Protocol on rights relating to marriage;  setting the minimum age of marriage as 18 without any exceptions; enacting codified family laws across all the regions in the country, and accelerating the finalization and adoption of the draft guideline for Decisions on Child Maintenance.

Access to Sexual and Reproductive Health Rights

In Ethiopia, women’s access to sexual and reproductive health services is limited, especially in humanitarian settings. Many women lack access to safe abortion services, there is inadequate medical care for pregnant and lactating women, and the conditions for women in prisons are wanting. We recommend that the Government focuses on allocating an adequate budget towards increasing access to services and information on sexual and reproductive health rights.

Lack of Protections for vulnerable women

Elderly women and women with disabilities face significant challenges, such as discrimination, and are disproportionately affected by conflicts, including those in the Tigray, Afar, and Amhara regions. We call for specific measures to protect these groups and ensure their rights, including the domestication of the UN Convention on the Rights of Persons with Disabilities and ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities. 

What is the Purpose of the Shadow Report?

The Shadow Report makes numerous recommendations for legal reforms, better implementation of existing laws, and specific actions to address violence, discrimination, and sexual and reproductive health care issues for women. It further emphasizes the need for gender-sensitive policies and practices across all sectors and levels of Government.

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