Document #1058367
IRB – Immigration and Refugee Board of Canada (Author)
According to Country Reports 1998,
women who are victims of spousal or sexual abuse "have recourse to
the police and the courts" (1999, 157). In practice, however,
"societal norms and limited infrastructure inhibit many women from
seeking legal redress, especially in remote areas. Social practices
obstruct investigations into rape and the prosecution of a rapist,
and many women are not aware of their rights under the law"
(ibid.).
According to a Johannesburg Mail and
Guardian report of 18 June 1999, abductions of young girls for
purposes of forced marriage are illegal but they have "become so
common that the police turn a blind eye." A young woman who killed
her abductor and rapist in self-defence was reportedly arrested and
charged with murder (ibid.). Although with the help of the
Ethiopian Women Lawyers Association (EWLA), she was later
acquitted, her village elders decreed that she remain in exile but
no concrete effort was made, at the government level, to stop the
practice of abducting young girls (ibid.).
The EWLA states that the existing body of
law does not make adequate provisions for lawsuits pertaining to
domestic rape, assault and battery (Addis Tribune 12 Mar.
1999).
A study conducted by the EWLA in 1998
reported that family conflicts were handled by family arbitration
councils but the arbitrators had "virtually" no knowledge of the
law, demanded payment from divorcing couples, and "the final
decisions are often biased depending on who makes the payment,
obviously the man" (The Monitor 18 Aug. 1998).
Furthermore, arbitrators often contradicted each other's decisions,
and divorce cases had to be referred to appeal courts where they
took between 8 to 15 years to settle. The study concluded that the
institution of family arbitration had practically failed to attain
the very basic objectives for which it was formed. It recommended
that family arbitration councils be replaced with regular judicial
institutions (ibid.).
The EWLA drafted a proposal on the draft
Family Law and submitted it to the "concerned government bodies"
(The Monitor 2 Mar. 1999). Although the draft law was
discussed among different groups, the EWLA later complained that it
did not represent women's interests because "the process lacked the
participation of those groups who stand for the interest of women.
Organizations or groups (like EWLA), who specialize in the area of
family law and can address issues that are critical to women were
not allowed to participate in the process of drafting the Family
Law" (ibid.).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Addis Tribune [Addis Ababa].
"Ethiopia: Forum on "Violence Against Women, Women and Peace, Women
and Development." (Africa News/NEXIS)
Mail and Guardian
[Johannesburg]. 18 June 1999. "Ethiopia: Where Rape is A Proposal
of Marriage." (Africa News/NEXIS)
The Monitor [Addis Ababa]. 2
March 1999. Seble Bekele. "Ethiopia: Draft Family Law in the Eyes
of Women Lawyers." (Africa News/NEXIS)
_____. 18 August 1998. "Seble Bekele.
"Ethiopia: Of Family Arbitration Councils and The Rights of Women."
(African News/NEXIS)