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70.
Since over 40 per cent of the population is Muslim, sharia courts are used widely in the
area of family disputes. In theory both parties should consent to adjudication by either the
religious or local court system. In practice men often favour sharia courts because they are more
likely to be successful in them, and women may feel pressured to accept this. Under the sharia
court system, which has its own appellate level, there is no possibility of appealing a sharia court
decision in a federal court. However, a landmark 2004 decision of the House of Federation
upheld the right of women not to be judged by a sharia court without their full consent.
71.
In Gambella, for example, local tribal customary courts are commonly used, and the
rights of women are often not well protected; however there is an avenue of appeal to the formal
local court system. Even within the regional court system, women are poorly represented as
judges and may face discrimination by male judges who may be influenced by traditional
practices and gender perceptions. The effects of discrimination on ethnic grounds were also
mentioned, a clear example of the potential for multiple discrimination against minority women.
72.
The Gambella Bureau for Women’s Affairs noted that surveys had established that
women and children had been significant victims of conflict. They were unable to flee and
suffered from secondary effects, including loss of property and the support of male family
members. In many regions, women traditionally have no customary rights to own or inherit
property. Even where males have fled violence, property is commonly appropriated by
remaining male members of the husband’s family. In cases of divorce, property is generally
retained by the husband, despite chapter 5 of the Family Code which establishes shared
ownership of common property. The property rights of women generally were highlighted by
the independent expert as an area requiring urgent legislative and practical protection.
73.
The federal Ministry of Women’s Affairs works directly with regional women’s affairs
offices to assist in issues of gender inequality and is responsible for implementation of a national
Women’s Policy. All Ministries have departments on gender issues, a mainstreaming initiative
which is extended to the regional level. Such attention to gender issues is considered a positive
practice by the independent expert, although she notes that the federal Ministry of Women’s
Affairs is relatively new, having been elevated within the past year from an advisory office to the
Prime Minister. Its structures and methods of work are new and untested and its focus appears to
be primarily on public education rather than implementation of the law. Dedicated attention is
required to address the situation of women from the most disadvantaged and vulnerable groups
in the most outlying regional states.
VI. POLITICAL PARTICIPATION OF MINORITIES
74.
The independent expert considers that a crucial test of government efforts is whether
minority groups feel that they have an effective voice in political decision-making. The vast
majority of civil society actors interviewed spoke of being excluded from genuine political
participation, or representation by authentic community leaders. This perceived exclusion,
however, is relatively invisible, since representatives of diverse ethnic groups do hold office,
often at a senior level, within federal and state administrations. There is a broadly held view that
independent, ethnically-based political parties have been excluded in favour of others created by
the Tigray People’s Liberation Front (TPLF) and subordinate to it. The view is that ethnic
political figure-heads have emerged and that senior officials, or advisors who hold the real
power, are drawn from only one politically dominant ethnic group and party.