A/HRC/4/9/Add.3 page 19 is regulated by the Federal Civil Servant Proclamation (No. 262/2002) which also protects against discrimination and under section 13, paragraph 3 authorizes preferential recruitment of women and members of ethnic groups underrepresented in the civil service.15 66. Ethiopia’s revised Labour Law is a national law, which governs employment relations throughout the country. It is applicable to both public and private sector employment but not to the agricultural and informal sector in which the majority, some 80 per cent of people, are employed. Although the Constitution recognizes historical disparities, an obligation on employers to implement affirmative action measures, for example to advance women’s participation, is not imposed. Discrimination against women 67. While women generally face discrimination in Ethiopian society due to patriarchal systems and traditional gender roles and practices, women from different ethnic communities may face multidimensional obstacles, based on the particularities of the customary or religious practices of their communities and the relative status of their ethnic group within the ethnic hierarchy in their region and nationally. As such, protection of their rights requires legislative measures enforceable at both federal and regional levels, and practical policy initiatives. 68. The revised Family Code of Ethiopia was adopted in 2000 (Proclamation 213/2000) and is highlighted by the independent expert as a valuable addition to legislation that seeks to protect and promote the rights of women and conditions of equality. Unfortunately, as a federal law it is not compulsory at the regional level since regions maintain autonomy in cultural and social affairs.16 Regions can choose to adopt it or to adopt their own family codes, which take into account cultural and regional particularities, so long as they do not contravene the Constitution.17 While welcomed by civil society groups, serious problems with implementation and enforcement of the Code have been highlighted. 69. In rural areas, traditional or customary law practices and patriarchal family and community structures are prevalent and often incompatible with non-discrimination legislation. Cultural or religious practices, such as polygamy and male-only ownership of property, are still unofficially sanctioned in some states. Some states are, however, reportedly attempting to revise the law in a way that conforms with the Constitution yet recognizes the status of customary courts and laws and non-discriminatory traditional practices. 15 The ILO Committee of Experts on the Application of Conventions and Recommendations noted in 2005 that this had been used on only rare occasions and that women remained particularly underrepresented. 16 The Code is only compulsory in Addis Ababa and Dire Dawa administrations (federal cities), unless otherwise adopted by regions. 17 Five regions have reportedly adopted the revised Family Code (the first being Tigray), although some including Gambella continue to act according to previous legislation considered incompatible with the Constitution and international human rights standards.

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