Ethiopian Journal of Human Rights

State Obligation towards Children in a Conflict Situation: The Case of Ethiopia

Ayalew Getachew Assefa — 2023-08-24

The article examines the obligations of Ethiopia to protect children in conflict situations and the accountability framework against non-state actors in the context of armed conflict. It presents arguments on the various legislative, administrative and judicial measures the Government of Ethiopia is required to put in place to mitigate the impact of a conflict on children’s rights. The article also explores the importance of a comprehensive, appropriate and inclusive accountability mechanism to address deliberate harm or failure to protect children and navigates the kinds of supports and services that should be availed for children affected by conflicts. The authors recognise that the intensity, scope and impact of the violence inflicted on children in conflict situations could fall under various governing laws, such as international humanitarian and criminal laws. However, it would be important to note that the arguments in the article are informed by a child rights-based approach to protecting children in conflict situations.

Deprivation of Liberty of Children in the Ethiopian Child Justice System: A Legal Analysis and Evidence from Practice

Belayneh Berhanu — 2023-08-24

The international child rights standards provide that deprivation of liberty of children shall be a measure of last resort and for the shortest period of time. This article, thus, aims to examine the legal and practical framework of deprivation of liberty of children in the Ethiopian child justice system in light of these standards. The study found out that the principles of ‘deprivation of liberty as a measure of last resort’ and ‘for the shortest appropriate period’ are not provided in the Ethiopian justice system. On the contrary, the Criminal Code makes deprivation of liberty of children after conviction a measure of first resort. This is the case for home arrest and corrective detention. Further, although imprisonment can be imposed after the failure of the measures, courts impose it on children who committed a crime for the first time. The duration of corrective detention and imprisonment in Ethiopia can normatively be considered ‘shortest’. In practice, however, courts sentence children to corrective detention for a period exceeding the maximum provided in the law. There is also a risk of prolonged curative detention. Hence, the Ethiopian child justice system needs normative revision and practical reconsideration to enforce the rights of children as enshrined in the international child rights standards.

Inter-Country Adoption of Ethiopian Children by Foreigners of Ethiopian Origin: Best Interests of the Child at Crossroads

Asrat Adugna Jimma — 2023-08-24

Adoption is an age-old customary practice in Ethiopia. Parallel to the customary practice, the 1960 Civil Code and then the Revised Federal Family Code gave legal recognition to both domestic and inter-country adoption. However, in 2018, the House of Peoples’ Representatives issued Proclamation No. 1070/2018 amending the Revised Federal Family Code, which banned inter-country adoption. In 2020, the Federal Supreme Court Cassation Division Bench gave an interpretation to the ban as not applicable to foreigners of Ethiopian origin. Further, in another recent decision, the Court extended the interpretation as not applicable to foreigners who are adopting their Ethiopian spouse’s child(ren), introducing a new approach of relative inter-country adoption. Following, this article examines the policy choice that resulted in the ban of inter-country adoption and the raison d’etre of the Cassation bench’s landmark decisions in light of the best interest of the child and Ethiopia’s international human rights commitments. In doing so, it employs a doctrinal analytical approach focusing on case analysis. The article ends with a conclusion that, the current legal stance of the legislature and the judiciary need redirection towards a stringent assessment for permission than a blanket ban, which needs investment in institutional infrastructure and the socioeconomic aspect of domestic alternative care but is definitely respectful of children’s best interests and compliant with Ethiopia’s international human rights commitments.

Socio-cultural and Religious Framings on Marriageable Age in Amhara Regional State

Yitaktu Tibebu — 2023-08-24

Existing literature shows the social perception attached to child marriage is often conflicting with the legal definition. This insight holds the dichotomized view of layering contestation in two levels: the internal community against the external norm change agents of the state and non-state actors. Accordingly, this article attempts to identify the gap in research by exploring and documenting the internal contestation among local key norm holders on their understanding of marriageable age. By taking a closer look at how religious leaders, community elders, parents, and adolescent girls and boys in Kuwarit woreda of Amhara Regional State comprehend marriage and girls' marriageable age, the article unpacks the translation of the globally defined girls' marriageable age to a local context. After exploring the international laws vis-à-vis local social norms, the article presented competing and changing local considerations and framings on the age of marriage for girls and their justification. It, then, argues rectifying the fears of local norm holders in relation to delaying girls’ marriage until legally accepted age is important and necessary by understanding the socio-cultural and religious framing of girls’ marriage.

Children and the Mingi Curse among the Kara Community

Binayew Tamrat — 2023-08-24

There is a dominant discourse emphasizing the values of traditional practices in enhancing social cohesion, unity and cooperation in Ethiopia. Though this is an undisputed truth, there are untold accounts about the demerits of traditional practices negatively affecting societal groups specially women and children in different societies. Mingi curse is one such cultural practices that severely affects children, girls and women in the South Omo Zone. Though its severity ranges from infanticide and death of those individuals identified as cursed, to affecting the number of the Kara community, this practice did not catch the attention of scholars and policy makers. Apart from the anecdotal notes about the practise, there is no comprehensive research done on the theme. By taking the Kara community of Hamer woreda as a case, this article examines the socio-cultural grounds of the practise, its commonality among the Kara community and consequences of Mingi as a traditional practice. Regardless of prior initiatives in countering Mingi curse tradition, the practice is still prevalent among the Kara community. This paper thus discusses the various factors that contributed to sustain the practice despite the various efforts made by different stakeholders. By drawing on the ethnographic study and lived experience of the study participants, the article elucidates how the Mingi practice violates human rights in the form of structural violence.

The Protection of Child Soldiers under the Ethiopian Law

Abel Ketema — 2023-08-24

The proliferation of civil wars in different parts of the world has enabled us to witness the participation of children on the front line. Among the measures taken to prohibit the recruitment of children and their participation in hostilities is the endorsed international humanitarian and human rights standards prohibiting child soldiering. This article aims to examine the legal frameworks of Ethiopia in protecting children against recruitment and participation in armed conflict. The issue of protection was scrutinized from the perspective of pre and post recruitment or participation of children in hostilities. To do so, primary legal sources, such as FDRE Constitution and other subordinate laws are analysed. Further, officials working in different institutions were interviewed to better analyse the adequacy of the laws in protecting children against recruitment and participation in armed conflict. This article argues that while Ethiopia has tried to protect child soldiers by enacting different laws with direct and indirect relevance to their participation in armed conflict, these laws are limited to governing national armed force. In other words, the recruitment of children by armed groups in Ethiopia is not criminalized as per existing laws.