Child wives and the veneer of protection in Ethiopia

ABSTRACT

Child marriage is prohibited in international human rights law, a stance adopted and enshrined in the Ethiopian legal system. Despite this, the practice of child marriage continues in many parts of the country, including in the Amhara region. Unharmonised laws, local norms, and religion are often cited as justifications for the slow rate of progress in eradicating child marriage. Such arguments presume the practice of child marriage and the formal law stand at opposite ends in their approach to addressing violence against girls. However, an examination of the experiences of child wives with the law in the Amhara region reveals that despite the formal prohibition of child marriage, the existing legal framework lacks comprehensive legal and policy measures to address violence against girls. I argue that this deficiency reinforces local norms linked with child marriage, perpetuating the victimisation of girls.

KEYWORDS:

• Child marriage
• child wives
• violence against girls; human rights law; social norms
• legal pluralism

Acknowledgments

The author would like to acknowledge Professors Dianne Otto and Beth Gaze, who have supervised the dissertation on which this journal article is based. The author is also particularly indebted to the women who have accepted me and shared their life experiences.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1 Criminal Code (Federal Democratic Republic of Ethiopia (FDRE)), Federal Negarit Gazetta Proclamation No. 414/2004 (Ethiopia, 9 May 2005) art. 648. The Criminal Code was published in the Federal Negarit Gazette under proclamation No. 414/2004 and came into force on 9 May 2005.

2 Benhabib Seyla, The Claims of Culture: Equality and Diversity in the Global Era (Princeton University Press 2002) 175–6.

3 Akua Kuenyehia, ‘Women, Marriage, and Intestate Succession in the Context of Legal Pluralism in Africa’ (2006) 40 UC Davis L Rev 385, 387.

4 UNICEF and UNFPA, Review of Technology-Based Interventions to Address Child Marriage and Female Genital Mutilation: Ethiopia Case Study (2021) <https://www.unicef.org/media/137576/file/Tech-based-Interventions-Adress-Harmful-Practices-2023-Ethiopia-v2.pdf> accessed 12 July 2023.

5 Ibid.

6 Ibid.

7 Girls Not Brides, Child Marriage Prevalence Rates Factsheet: Ethiopia (2023) <https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/regions-and-countries/ethiopia/#:~:text=40%25%20of%20girls%20in%20Ethiopia,the%20age%20of%2018%20years> accessed 21 September 2023.

8 Haile Gabriel Dagne, ‘Early Marriage in Northern Ethiopia’ (1994) 2(4) Reproductive Health Matters 35, 36.

9 Ibid.

10 Ibid.

11 Katie Hodgkinson, ‘Understanding and Addressing Child Marriage: A scoping study of available academic and programmatic literature for the HER CHOICE Alliance’ (HER CHOICE Alliance 2016) <https://www.her-choice.org/wp-content/uploads/2016/07/Her-Choice-Scoping-Study-Final-July-16.pdf> accessed 2 May 2023.

12 Ibid.

13 Abbi Kedir and Andrea Oterová, ‘The Complexity of Marriage in Rural Ethiopia: Parental Transfers and Post-Marital Residence Choices’ (2017) 53(1) The Journal of Development Studies 68, 78.

14 Guday Emirie, ‘Early Marriage and Its Effects on Girls’ Education in Rural Ethiopia: The Case of Mecha Woreda in West Gojjam, Northwestern Ethiopia’ (PhD thesis, Göttingen University, Germany, 2005).

15 Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13, UN Doc A/RES/34/180.

16 Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, UN Doc A/RES/44/25.

17 Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, AU Doc CAB/LEG/66.6 (13 September 2000).

18 Constitution of the Federal Democratic Republic of Ethiopia, 21 August 1995 <https://www.refworld.org/docid/3ae6b5a84.html> accessed 10 December 2023.

19 Ethiopia: Proclamation No. 213/2000, The Revised Family Code [Ethiopia], 4 July 2000. <https://www.refworld.org/docid/4c0ccc052.html> accessed 10 December 2023.

20 Ethiopia: Proclamation No. 79/2003, The Amhara National Regional Family Code [Ethiopia], 25 June 2003. <https://landwise-production.s3.us-west-2.amazonaws.com/2022/03/Ethiopia_Family-Code-Amhara_2003-1.pdf> accessed 10 December 2023.

21 Under art 7(2) of the Ethiopian Revised Family Code and art 18(2) of the Amhara National Regional Family Code, a dispensation of up to two years is granted from the minimum marriage age of 18, applicable to both women and men.

22 United Nations, ‘Forced child marriage, slavery like reality in every single region of the world’ (Joint Statement by a group of UN human rights experts to mark the first International Day of the Girl Child, 12 October 2012) <https://www.ohchr.org/en/statements/2012/10/first-un-international-day-girl-child-thursday-11-october-2012-forced-child> accessed 10 December 2023.

23 Ibid para 1.

24 UN Commission on the Status of Women, ‘The Elimination, and Prevention of All Forms of Violence against Women and Girls: draft agreed conclusions’, 57th session, 19 March 2013, UN Doc E/CN.6/2013/L.5, para11.

25 Ibid para14.

26 Penal Code (No.158 of 1957) (Ethiopia).

27 Criminal Code (No. 414/2004) (Federal Democratic Republic of Ethiopia).

28 World Health Organization, WHO Multi-country Study on Women’s Health and Domestic Violence against Women: Summary Report (Geneva: WHO 2005) 9 <https://www.who.int/publications/i/item/9241593512> accessed 10 December 2023.

29 Criminal Code (n 27) arts 565, 566 and 567.

30 Ibid art 648.

31 Ibid art 650.

32 Ibid art 586.

33 Ibid art 564. Chapter III, Crimes Committed Against Life, Person, and Health Through Harmful Traditional Practices, art 564 provides for ‘Violence Against a Marriage Partner or a Person Cohabiting in an Irregular Union’. This provision applies to individuals causing severe or common injury to the physical or mental health of a marriage partner or a person cohabiting in an irregular union through acts of violence.

34 Ibid art 587. Title II, Chapter I, Crimes against Personal Liberty, art 587 provides for ‘Abduction of a Woman’. Article 587(1) reads: ‘Whoever with intent to marry a woman abducts her by violence or commits such an act after having obtained her consent by intimidation, threat, trickery, or deceit, is punishable with rigorous imprisonment from three years to ten years’.

35 Ibid art 587(2). Article 587(2) reads: ‘Where the act of abduction is accompanied by rape, the perpetrator shall be liable to the punishment prescribed for rape in this Code’.

36 Ibid art 648. Article 648 reads: ‘Whoever concludes marriage with a minor apart from circumstances permitted by relevant Family Code is punishable with: a) rigorous imprisonment not exceeding three years, where the age of the victim is thirteen years or above; or b) rigorous imprisonment not exceeding seven years, where the age of the victim is below thirteen years’.

37 Ibid art 647. Article 647 reads: ‘(1) Whoever intentionally solemnizes a marriage forbidden by law, is punishable with simple imprisonment not exceeding three years, or fine not exceeding five thousand Birr. (2) Whoever contracts, permits or becomes a witness to a marriage forbidden by law, is punishable under the provisions of sub-article (1) of this Article’.

38 Annabel Erulkar, ‘Early Marriage, Marital Relations and Intimate Partner Violence in Ethiopia’ (2013) International Perspectives on Sexual and Reproductive Health 39(1) 6, 12.

39 Robert Jensen and Rebecca Thornton, ‘Early Female Marriage in the Developing World’ (2003) 11(2) Gender and Development 9, 14.

40 Erulkar (n 38) 6.

41 Ministry of Women, Children and Youth Affairs, Federal Democratic Republic of Ethiopia, National Strategy and Action Plan on Harmful Traditional Practices (HTPs) against Women and Children in Ethiopia (June 2013).

42 Ibid section 3.

43 Nicola Jones and others, Report: What works to tackle child marriage in Ethiopia: A review of good practice (UNICEF March 2016) 51 <https://www.unicef.org/ethiopia/media/1526/file/What%20works%20to%20tackle%20child%20marriage%20in%20Ethiopia.pdf> accessed 10 December 2023.

44 Ratna Kapur, Erotic Justice: Law and the New Politics of Postcolonialism (Routledge 2013) 26; Dianne Otto, ‘Lost in Translation: Re-Scripting the Sexed Subjects of International Human Rights Law’ in Anne Orford (ed) International Law and its Others (Cambridge University Press 2006) 318.

45 Qebele refers to the smaller administrative unit (neighbourhood). Qebeles in rural areas are also known as peasant associations (PAs).

46 A promissory marriage is a marriage where a new-born daughter (or yet to be born) is promised to another family in marriage.

47 Dana Tilson and Ulla Larsen, ‘Divorce in Ethiopia: The Impact of Early Marriage and Childlessness’ (2000) 32(3) Journal of Biosocial Science 355, 356.

48 Ibid.

49 Fantaye, Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 20 April 2015.

50 Emahoy Zenebework, Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 20 April 2015.

51 Ibid.

52 Often brides stay inside their in-laws’ home avoiding strangers for 10 days after the wedding, for fear of an ‘evil eye’ in the Amhara region: Abeba, Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 21 April 2015.

53 Zewditu, Interview: Mecha Sub-zone, Amhara Region, 26 March 2015.

54 Ibid.

55 Emirie (n 14).

56 Tsehay, Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 21 April 2015.

57 Ronald A Reminick, ‘The Symbolic Significance of Ceremonial Defloration among the Amhara of Ethiopia’ (1976) 3(4) American Ethnologist 751, 757.

58 Abeba (n 52).

59 Ibid.

60 Admaswork, Interview: Mecha Sub-zone, Amhara Region, 28 March 2015.

61 Ibid.

62 Zinash, Interview: Mecha Sub-zone, Amhara Region, 27 March 2015.

63 Yemataw Wondie and others, ‘Early Marriage, Rape, Child Prostitution, and Related Factors Determining the Psychosocial Effects Severity of Child Sexual Abuse in Ethiopia’ (2011) 20(3) Journal of Child Sexual Abuse 305, 315.

64 Yenewub (Teacher/Activist), Interview: Mecha Sub-zone, Amhara Region, 30 April 2015.

65 Selam, Interview: Mecha Sub-zone, Amhara Region, 24 March 2015).

66 Criminal Code (n 27) arts 620, 648.

67 Ibid art 620. Article 620 excludes marital rape from the definition of rape.

68 UN Commission on the Status of Women (n 24). Paragraph 14 reads: ‘The Commission urges States to strongly condemn all forms of violence against women and girls and to refrain from invoking any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination as set out in the Declaration on the Elimination of Violence against Women’.

69 Reminick (n 57).

70 Abeba (n 52).

71 Desta, Interview: Mecha Sub-zone, Amhara Region, 30 March 2015.

72 Wosene, Interview: Fogera Sub-zone, Amhara Region, 22 April 2015.

73 Erulkar (n 38).

74 Aberash, Interview: Mecha Sub-zone, Amhara Region, 15 March 2015.

75 Ibid.

76 Mulu Muleta and others, ‘Obstetric Fistula in Rural Ethiopia’ (2007) 84(11) East African Medical Journal 525, 526; World Health Organization (n 28).

77 Silvia Tamale and Jane Bennett, ‘Editorial: Legal Voice: Challenges and Prospects in the Documentation of African Legal Feminism’ (2011) 15 Feminist Africa 1,1.

78 Ibid.

79 Mekete, Interview: Fogera Sub-zone, Amhara Region, 7 April 2015.

80 Genene, Interview: Mecha Sub-zone, Amhara Region, 24 March 2015.

81 Ibid.

82 Ayele (School Director), Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 12 May 2015; Ketema (School Director), Interview: Mecha Sub-zone, Amhara Region, 23 March 2015.

83 Zeru (District Official), Interview: Bahir Dar Zuriya Sub-zone, Amhara Region, 23 April 2015.

84 Kiflu (District Police Coordinator), Interview: Mecha Sub-zone, Amhara Region, 29 April 2015.

85 Zemedkun (Police Officer), Interview: Mecha Sub-zone, Amhara Region, 30 March 2015.

86 Mengistu (Bureau of Women, Children and Youth Affairs Coordinator), Interview: Amhara Region, 17 May 2015.

87 Dagmawit (Woman Police Officer), Interview: Fogera Sub-Zone, Amhara Region, 5 May 2015; Akalu, (Community Policing Officer) Interview: Fogera Sub-zone, Amhara Region, 3 May 2015.

88 BoWCYA stands for the Bureau of Women, Children and Youth Affairs, an organised structure from national ministerial level up to district level in Ethiopia. The Ministry of Women, Children, and Youth Affairs changed its name to The Ministry of Women and Social Affairs (MoWSA) in 2023.

89 Henock (an official of Sub-zone Bureau of Women, Children and Youth Affairs), Interview: Mecha Sub-Zone, Amhara Region, 13 May 2015.

90 Ibid.

91 Yodit (Teacher and Local Activist), Interview: Mecha Sub-zone, Amhara Region, 30 April 2015.

92 Zemenech (Sub-zone Public Prosecutor), Interview: Amhara Region, 29 March 2015.

93 Criminal Code (n 27) art 64.

94 Zemenech (n 92).

95 Ibid.

96 Asnaketch (Sub-zone Police Coordinator), Interview: Amhara Region, 28 April 2015.

97 Ibid.

98 Criminal Code (n 27) art 612-8.

99 Elisabeth (a veteran women’s rights activist), Interview: Addis Ababa, 1 June 2015.

100 Zemenech (n 92).

Additional information

Funding

The research was funded by Melbourne International Research Scholarships (MIRS) that had no role in the design of the study, data collection, analysis, or interpretation of data.

Notes on contributors

Tayechalem Moges

Tayechalem Moges is an assistant professor at the Centre for Gender Equity in the University of Global Health Equity in Rwanda. She teaches and researches in human rights, gender & SRH and was a teaching fellow at the University of Melbourne, Australia. She holds a PhD in Law from Melbourne University and a Master of Laws from the Central European University in Hungary.