Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and conviction provides for a penalty of five to 20 years’ imprisonment, depending on the severity of the case. The law does not expressly address spousal rape. The government did not fully enforce the law.
Domestic violence is illegal, but government enforcement of laws in this sphere was inconsistent. Domestic violence, including spousal abuse, was a pervasive social problem. A 2013 government report stated 50-60 percent of all women had experienced domestic violence. Depending on the severity of injury inflicted, penalties for conviction range from small fines to 15 years’ imprisonment.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but the government did not actively enforce this prohibition. It was less common in urban areas. The penal code criminalizes the practice of clitoridectomy and provides for three months or a fine of at least 500 birr ($22) for convicted perpetrators. Conviction of infibulation of the genitals (the most extreme and dangerous form of FGM/C) is punishable by five to 10 years’ imprisonment. According to government sources, there has never been a criminal charge regarding FGM/C, but media reported limited application of the law. For more information, see data.unicef.org/resources/female-genital-mutilation-cutting-country-profiles/ .
Other Harmful Traditional Practices: Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.
Sexual Harassment: Sexual harassment was widespread. The penal code prescribes penalties for conviction of 18 to 24 months’ imprisonment, but authorities generally did not enforce harassment laws.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: Discrimination against women was a problem. It was most acute in rural areas, where an estimated 80 percent of the population lived. The law contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children more than five years old. Courts generally did not consider domestic violence by itself a justification for granting a divorce. Irrespective of the number of years married, the number of children raised, and joint property, the law entitled women to only three months’ financial support if a relationship ended. There was limited legal recognition of common-law marriage. A common-law husband had no obligation to provide financial assistance to his family, and consequently women and children sometimes faced abandonment. Traditional courts continued to apply customary law in economic and social relationships.
All federal and regional land laws empower women to access government land. Inheritance laws also enable widows to inherit joint property acquired during marriage.
Women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by their lower levels of educational attainment and by traditional attitudes. There were a number of initiatives in progress aimed at increasing women’s access to these critical economic empowerment tools.
Birth Registration: A child’s citizenship derives from its parents. The law requires all children to be registered at birth. Children born in hospitals were registered; most of those born outside of hospitals were not. The overwhelming majority of children, particularly in rural areas, were born at home. During the year the government initiated a campaign to increase birth registrations by advising that failure to register would result in denial of public services. For additional information, see Appendix C.
Education: The law does not make education compulsory. As a policy primary education was universal and tuition free; however, there were not enough schools to accommodate the country’s youth, particularly in rural areas. The cost of school supplies was prohibitive for many families. The most recent data showed the net primary school enrollment rate was 90 percent of boys and 84 percent of girls.
Child Abuse: Child abuse was widespread. Uvula cutting, tonsil scraping, and milk tooth extraction were amongst the most prevalent harmful traditional practices. The African Report on Child Wellbeing 2013, published by the African Child Policy Forum, found the government had increased punishment for sexual violence against children. “Child friendly” benches heard cases involving violence against children and women. There was a commissioner for women and children’s affairs in the EHRC.
Early and Forced Marriage: The law sets the legal age of marriage for girls and boys at 18; however, authorities did not enforce this law uniformly, and rural families sometimes were unaware of this provision. The government strategy to address underage marriage focused on education and mediation rather than punishment of offenders. For additional information, see Appendix C.
Sexual Exploitation of Children: The minimum legal age for consensual sex is 18, but authorities did not enforce this law. The law provides for three to 15 years’ imprisonment for conviction of sexual intercourse with a minor. The law provides for one year in prison and a fine of 10,000 birr ($444) for conviction of trafficking in indecent material displaying sexual intercourse by minors. Traffickers recruited girls as young as age 11 to work in brothels. Young girls were trafficked from rural to urban areas and exploited as prostitutes in hotels, bars, resort towns, and rural truck stops.
Infanticide or Infanticide of Children with Disabilities: Ritual and superstition-based infanticide, including of infants with disabilities, continued in remote tribal areas, particularly in South Omo. Local governments worked to educate communities against the practice.
Displaced Children: According to a 2010 report of the Ministry of Labor and Social Affairs, approximately 150,000 children lived on the streets; 60,000 of them were in the capital. The ministry’s report stated the inability of families to support children due to parental illness or insufficient household income exacerbated the problem. Research in 2014 by the ministry noted rapid urbanization, illegal employment brokers, high expectations of better life in cities, and rural-urban migration were adding to the problem. These children begged, sometimes as part of a gang, or worked in the informal sector. A large number of unaccompanied minors from Eritrea continued to arrive in the country (see section 2.d.).
Institutionalized Children: There were an estimated 4.5 million orphans in the country in 2012, 4.9 percent of the population, according to statistics published by UNICEF. The vast majority lived with extended family members. Government and privately run orphanages were overcrowded, and conditions often unsanitary. Institutionalized children did not receive adequate health care.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish community numbered approximately 2,000 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution does not mandate equal rights for persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities in employment and mandates access to buildings but does not explicitly mention intellectual or sensory disabilities. It is illegal for deaf persons to drive.
The law prohibits employment discrimination based on disability. It also makes employers responsible for providing appropriate working or training conditions and materials to persons with disabilities. The law specifically recognizes the additional burden on women with disabilities. The government took limited measures to enforce these laws; for example, by assigning interpreters for deaf and hard-of-hearing civil service employees (see section 7.d.). The Ministry of Labor and Social Affairs and the Public Servants Administration Commission are responsible for the implementation of employment laws for individuals with disabilities.
The law mandates building accessibility and accessible toilet facilities for persons with physical disabilities, although without specific regulations that define accessibility standards. Buildings and toilet facilities were usually not disability accessible. Property owners are required to give persons with disabilities preference for ground-floor apartments, and generally did so.
Women with disabilities faced more disadvantages in education and employment. According to the 2010 Population Council Young Adult Survey, 23 percent of girls with disabilities were in school, compared with 48 percent of girls and 55 percent of boys without disabilities. Girls with disabilities also were much more likely to experience physical and sexual abuse than were girls without disabilities.
Nationally there were several schools for persons with hearing and vision disabilities and several training centers for children and young persons with intellectual disabilities. There was a network of prosthetic and orthopedic centers in five of the nine regional states.
The Ministry of Labor and Social Affairs worked on disability-related problems. The CSO law hindered several domestic NGOs active in supporting persons with disabilities, particularly those focused on accessibility and vocational training.
The law does not restrict the right of persons with disabilities to vote and otherwise participate in civic affairs, although continued accessibility challenges could make participation difficult. Most polling stations were accessible to persons with disabilities and these individuals as well as the elderly, pregnant women, and nursing mothers received priority.
The country has more than 80 ethnic groups, of which the Oromo, at approximately 35 percent of the population, is the largest. The federal system drew boundaries approximately along major ethnic group lines. Most political parties remained primarily ethnically based, although the ruling party and one of the largest opposition parties are coalitions of several ethnically based parties.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual activity is illegal and conviction is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. There were some reports of violence against LGBTI individuals; reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTI individuals. Individuals did not identify themselves as LGBTI persons due to severe societal stigma and the illegality of consensual same-sex sexual activity. Activists in the LGBTI community reported surveillance and at times feared for their safety. There were no reports of persons incarcerated for engaging in same-sex sexual activities.
The AIDS Resource Center in Addis Ababa reported the majority of self-identified gay and lesbian callers, most of whom were men, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts.
HIV and AIDS Social Stigma
Societal stigma and discrimination against persons with or affected by HIV/AIDS continued in education, employment, and community integration. Persons with or affected by HIV/AIDS reported difficulty accessing various services. There were no statistics on the scale of the problem.