Reports of forcible marriage and consequences for women who refuse to be married [ETH36582.E]

In addition to information contained in ETH32241.E of 20 July 1999 and ETH30083.E of 29 September 1998, forced marriage of young women remains a problem particularly in northern Ethiopia (AFP n.d; IRIN 12 Feb. 2001; World Link TV n,d.; BBC n.d.; UNICEF n.d). Apparently it is not uncommon for young girls as young as between 8 and 11 years old to be married (ibid.). Corroborating and encapsulating the information provided by the above sources, the BBC offers the following analysis:

Girls are married early in Ethiopia for a number of reasons. Tradition determines their role as a wife and gives parents a large say in who should be their partner.
Virginity can attract a high dowry. The lack of employment opportunities for girls and perceived need for children all add to the pressure for early marriage.
In some cases families will promise a new born (or yet to be born) daughter to another family who will formally propose marriage. In the case of child marriages involving those under 10, a girl will live with her in-laws or stay with her own family until the two families agree to an exchange.
The Family Guidance Association of Ethiopia (FGAE) reports cases of young girls and adolescents being married to men considerably older than themselves, sometimes men in their 60s.
Another motivation is that girls face the constant threat of abduction on their way to school or market. Although the law prohibits forceful marriage, after a girl is abducted her family often agrees to marriage.
They fear she may be pregnant or that having lost her virginity she will be unable to find another partner.
The FGAE states: "Abduction is very violent. Girls are kicked, abused and raped. Their education, hopes, everything is lost".
To try to counter such attitudes, the organisation operates in five of the country's nine regions running 18 clinics and more than 500 community-based distribution centres where they promote safer sex practices and offer advice on relationships.

In late November 2000, AFP carried a story of 13-year old girl, "in the Dessie district of the ethnic Amhara Wollo region," who reportedly went to the police and accused her mother and grandmother of wanting to interrupt her schooling in order to force her into marriage (n.d.) The police and her father, divorced from her mother reportedly intervened and the marriage was called off. AFP reported that although the husband-to-be did not respond to "a summons, [he] could be compelled to present himself 'by force' if necessary" (ibid.).

According to IRIN, the Ethiopian Community Education and Development Association (CEDA) held a one day workshop in February 2001 to address the issues of forced abductions for marriage and a high rate of divorce (12 Feb. 2001). IRIN states the workshop was attended by 64 victims of marriage by abduction, administration officials, and members of committees against harmful traditional practices (ibid.).

IRIN also makes reference to "studies conducted consecutively for five years in Akaki district, East Shewa Zone" (ibid.). Quoting information provided by a pro-government Website, IRIN states that the studies "attributed the high rate of divorce to early marriage without consent, and childbirth delivery problems among those forced into marriage at an early age" (ibid.). The director of CEDA, said that "rising cases of abduction, early marriage and rape have become cause for concern as they contributed to the spread of HIV/AIDS in the district" (ibid.).

According to UNICEF, women who flee forced marriages "face lives of hardships, compounded by the social stigma and marginalization that confront women who leave their husbands" (n.d).

UNICEF also states that Ethiopia has adopted a Family Law which sets the legal age of marriage at 18. UNICEF notes that, however, that "traditions die hard, and it is not easy to change the mind-set of societies who believe that daughters must be married young to avoid economic or social risks to girls and their families" (n.d). Nonetheless, UNICEF also states that

with support from UNICEF, the Women's Affairs Office and the National Committee on Traditional Practices of Ethiopia, a social mobilisation and sensitisation campaign is underway in the regions where this practice is most-widely practised. The campaign seeks to convince parents, the elders, the society at large, that it is far better from all points of view to give young girls a good basic education that will allow them to assume their role and responsibilities in society (ibid.).

Country Reports 2000 corroborates the above information and provides more details:

On July 29, Parliament adopted a new family law, drafted by Ministry of Justice in 1998; the family law was backdated and took effect on July 4. As a result, the revised civil code raises the legal age for marriage for girls from 15 to 18, the same as for boys; puts civil law above customary and religious law; allows for the legal sharing of property for unmarried couples who have lived together for at least 5 years (previously, there was no property sharing for couples separating, even if they had lived together their entire adult lives); eliminates family arbitrators as a means of settling marital disputes in lieu of the court system (historically women have fared poorly under the family arbitration system); allows for the joint administration of common marital property (previously a man could sell joint property without the consent or knowledge of his wife); and requires the courts to take into account the situation of children or the weakest member of the family in the event of a divorce or separation (previously women and children were often forced out of the family home in such cases).
In 1999 the Ministry of Justice completed a revision of the 1957 Penal Code and a national debate on the revisions continued during the year. Critical issues affecting women and children include the penalties for rape, domestic violence, and child molestation. However, regardless of changes to the Penal Code, tradition and culture often prevail over civil and criminal law, and in practice women do not enjoy equal status with men. For example, the harmful traditional practice of abduction as a form of marriage already is illegal under the Penal Code but still is practiced widely in many rural areas (2001, Section 5).

For additional information on forced marriages in Ethiopia, please consult the attached UNICEF reports.

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


Agence France Presse (AFP). November 2000. "Ethiopian Girl Flees Forced Wedding." http://www.mg.zo.za/mg/za/archive/2000nov/20novam-news.html#father [Accessed: 1 May 2001]

BBC World Service. n.d. "Case Study: Enforced Early Marriage in Ethiopia" http://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/d_right_2.shtml [Accessed: 1 May 2000]

Country Reports on Human Rights Practices for 2000. 2001. United States Department of State. Washington, http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=789 [Accessed: 1 May 2001]

IRIN (Integrated Regional Information Network). 12 February 2001. "Ethiopia Abduction Linked to High Divorce Rate." http://www.reliefweb....trystories/ethiopia/20010212.phtml [Accessed: 1 May 2000)

UNICEF. n.d. Margherita Amodea. "Life After Early Marriage: Mulogojam, Weinishet and Tsigereda, Zeinab and Conclusion" http://www.unicef.org/noteworthy/earlymarriage/index.html [Accessed: 1 May 2001]

World Link TV. n.d. "The Right to Choose." http://www.google.com...om/+forced+marriage+ethiopia&hl=en[Accessed: 1 May 2001]

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