A/HRC/4/9/Add.3
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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.