Ghetnet metiku ehrc cr ts harmonization study

Assessment on “Harmonization of the National Framework in Ethiopia with
International Child Rights Standards”
Based on a Draft Submitted to the Ethiopian Human Rights Commission April 2010

Assessment on the Harmonization of
the National Framework in Ethiopia
with International Child Rights
Standards
(Zero Draft)

Ghetnet Metiku Woldegiorgis

October 2011

Addis Ababa

Updated October, 2011
Socio-Legal Researcher
E-mail: gmgiorgis@gmail.com
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Table of Contents
List of Acronyms................................................................................................................ 4
Executive Summary............................................................................................................5
1. Introduction......................................................................................................................6
1.1. Purpose and Objectives.............................................................................................6
1.2. Research Approach................................................................................................... 7
1.3. Key Research Issues................................................................................................. 9
2. Background....................................................................................................................10
2.1. Socio-Economic Context........................................................................................ 10
2.1.1. Economy.......................................................................................................... 10
2.1.2. HIV/AIDS........................................................................................................11
2.2. Situation of Children...............................................................................................12
2.2.1. Education......................................................................................................... 13
2.2.2. Health and Nutrition........................................................................................ 14
2.2.3. Violence against Children................................................................................14
2.2.4. Orphans and Vulnerable Children................................................................... 15
3. International Standards.................................................................................................. 17
3.1. Measures for the Implementation of the UNCRC.................................................. 17
3.2. An Enabling Environment for Child Protection..................................................... 20
3.2.1. Child Protection............................................................................................... 20
3.2.2. Components of an Enabling Environment for Child Protection .....................21
4. Policy and Legislative Measures for the Implementation of the UNCRC in Ethiopia..26
4.1. Status of Ratifications.............................................................................................26
4.2. Constitution.............................................................................................................26
4.3. Major Legislation....................................................................................................27
4.3.1. Family Law......................................................................................................27
4.3.2. Criminal Law................................................................................................... 28
4.3.3. The Labour Proclamation................................................................................ 29
4.4. Policy Documents................................................................................................... 29
4.4.1. Developmental and Social Welfare Policy ..................................................... 29
4.4.2. The Criminal Justice Administration Policy....................................................30
4.4.3. National Action Plans...................................................................................... 30
4.4.4. Guidelines........................................................................................................ 31
4.5. The Institutional Framework...................................................................................33
5. Assessment.....................................................................................................................33
5.1. General Issues......................................................................................................... 33
5.1.1. Ratification.......................................................................................................33
5.1.2. Incorporation into the Legal System................................................................34
5.1.3. Status within the Hierarchy of Laws................................................................34
5.1.4. Justicibility of UNCRC Provisions..................................................................36
5.1.5. Regional Implementation.................................................................................37
5.2. Issues in the Current Level of Harmonization........................................................37
5.2.1. Definition of a Child........................................................................................ 37

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5.2.2. General Principles of Child Rights..................................................................37
5.2.3. Civil Rights and Freedoms...............................................................................37
5.2.4. Child Health and Welfare................................................................................ 38
5.2.5. Education, Leisure and Cultural Activities......................................................38
5.2.6. Special Protection Measures............................................................................38
6. Conclusions and Recommendations..............................................................................38
7. References......................................................................................................................39

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List of Acronyms

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Executive Summary

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1. Introduction
The Ethiopian Human Rights Commission (EHRC) is a national human rights institution
established in accordance with Article 55(14) of the Constitution of the Federal
Democratic Republic of Ethiopia (FDRE) through Proclamation No 210/2000. The
establishing law gives the EHRC extensive mandates to promote, protect and work
towards the realization of human rights in Ethiopia. More specifically, the duties and
responsibilities of the Commission include: educating the public to be aware of and claim
its rights; seeing to it that the human rights are protected, respected and fully enforced;
investigating complaints of human rights violations; and, recommending remedial
measure where they are found to have been violated.

The EHRC is a key human rights actor responsible for promoting, protecting and
enforcing the fundamental rights of citizens and peoples of Ethiopia as enshrined in the
FDRE Constitution and international human rights instruments. In line with its
organizational vision, mission and values the EHRC particularly strives towards:

− enhancing the capabilities of rights-holders to claim their rights through a
participatory and empowering programming and governance framework;

− building the capacities of key actors responsible for the realization of human rights
through partnership across sectors and levels of intervention; and,

− contributing towards addressing the structural causes of non-realization of
recognized rights.

In undertaking its duties and responsibilities the Commission has so far conducted
important activities and programmes geared towards ensuring its role as the key human
rights institution within the country. One among the focal areas being addressed by the
EHRC since its establishment is conducting research on the situation of groups vulnerable
to and victimized by human rights violations as well as the status of their rights. One such
group is children. Accordingly, the Commission has decided to conduct an assessment on
the harmonization of national policies, laws and institutions with the applicable standards
of child rights in international and regional agreements ratified by Ethiopia. The findings
and recommendations of the assessment are expected to inform the programmes of the
EHRC, especially in relation to legislative and policy recommendations to be submitted to
the appropriate government bodies, as well as those of its partners and other actors.

1.1. Purpose and Objectives
The assessment of the child rights framework aims at enabling the creation of a
comprehensive national policy, legal and institutional framework for the protection and
promotion of child rights. To this end, the current activity aims at:

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– Identification of international and regional child rights instruments ratified by
Ethiopia;

– Setting the international standards for the implementation of international and
regional child rights instruments ratified by Ethiopia;

– Review of measures taken to harmonize national policies, laws and institutional
arrangements with the provisions of international and regional child rights
instruments; and,

– Proposing specific actionable recommendations for the EHRC and its partners in
aligning the national child rights framework with applicable standards.

This major research activity is expected to serve as a basis for legislative reform and
lobbying activities to be conducted by the Commission and its partners during and after
the current fiscal year, including the ratification of international human rights and child
rights treaties not yet ratified. The lessons drawn from the assessment as well as
subsequent activities will also serve as part of a model framework for similar activities to
be designed in subsequent planning periods.

1.2. Research Approach
The development of the current report is primarily be guided by the organizational values
of the EHRC. Based on standards drawn from the Ethiopian and international human
rights framework as well as good practices among national human rights institutions, the
core values of the EHRC are:

– Commitment to human rights : The leadership and staff of the EHRC are
committed to human rights principles and values recognized under the Ethiopian
and international human rights frameworks in substance, methods, and
organization. Such commitment shall in particular be owed to the Nations,
Nationalities and Peoples of Ethiopia and the FDRE Constitution as an expression
of their will.

– Independence : With due regard for the status of the State as the primary legal
duty bearer and non-state actors as moral duty bearers, the EHRC will maintain its
organizational independence and seek to establish partnerships across sectors and
levels for the design and implementation of the report. The EHRC’s relationships
and dealings with human rights actors, stakeholders and rights-holders will be
guided by equality, fairness mutual respect, non-discrimination and good-faith.
The leadership and staff of the EHRC shall in particular uphold the public trust and
demonstrate integrity in all their dealings with the public.

– Impartiality and neutrality : The leadership and staff of the EHRC shall be,
and shall be perceived to be, neutral and without personal or institutional bias in
their duties. However, such neutrality shall not extend to the values of the EHRC
and the public interest.

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– Integrity : The leadership and staff of the EHRC will perform their official duties
so as to conserve and enhance the integrity and objectivity of, as well as public
confidence in, the Commission. In implementing this principle, they shall in
particular avoid any form of discrimination or harassment that are contrary to
law, either within or external to the Commission, ensure that their personal biases
do not compromise the Commission's role in promoting human rights, ensure that
there is no misuse of power or knowledge acquired through their position at the
Commission, including no gain, profit, self-dealing, improper use of inside
information, advancement or benefit accruing to them or members of their
immediate family.

– Transparency and public information : The Commission’s services,
procedures and communications with the public will be clear, honest, respectful,
transparent, fair, reasonable and consistent. The public has the right to receive
accurate reports on the Commission’s processes, procedures and policies in a
format that is understandable and accessible. As such, staff of the EHRC shall in
particular ensure that information is accessible, user friendly, complete,
understandable and truthful.

– Information Security : Staff of the Commission shall ensure the security of
printed and electronic information in their possession; disclosure of information
through mass media shall be guided by the Commission’s policy guidelines and
guidance provided by the Commissioners. In particular, Staff shall not knowingly
take advantage of, or benefit from, information that is obtained in the course of
their official duties and responsibilities, and which is not generally available to the
public.

In line with these core values of EHRC, the research approach adopted for this study
should incorporate and reflect the following as key elements:

– using the realization of human rights as guidelines, indicators and benchmarks for
the assessment of the situation of rights holders, the design and implementation of
interventions by key actors and stakeholders, and analysis of the structural
(policies, laws, institutions, and practices) framework;

– promoting the empowerment of rights holders through meaningful participation
in the design and implementation of interventions, including the conduct of rights
research;

– promoting the involvement of key actors and stakeholders across sectors and
levels and integration of the views and expertise;

– mainstreaming of human rights across key program areas and institutional
arrangements;

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– evidence based human rights research involving the use of empirical data, whether
qualitative, quantitative, administrative or events-based, which illustrate and
document the respect for and implementation of human rights including how
rights-holders are deprived of their rights, or alternatively how duty-bearers make
efforts to fulfil human rights obligations; and,

– strategic focus on building the capacities of rights holders to claim their rights,
legal and moral duty bearers to fulfill their responsibilities and strengthening the
policy and legal framework.

Attention is also be given to protection issues and ethical considerations, including
confidentiality, willingness, safety, health status, parent/community acceptance, freedom
of expression, and any legal obligation to report abuse.

1.3. Key Research Issues
The major research issues addressed during the assessment of the child rights framework
are:

– international and regional child rights instruments ratified by Ethiopia, including a
review of child rights instruments not ratified and reservations to those already
ratified;

– harmonization of the national child rights framework, including constitutional
provisions, domestic laws, policies and institutions, with the international and
regional child rights commitments; and,

– achievements, gaps and challenges in the implementation of laws, policies and
institutional arrangements for the realization of child rights including the human
rights monitoring system, national human rights institutions, and ad hoc
arrangements established to monitor the situation of child rights.

As an exercise in legislative review, this activity will not cover implementation issues other
than those with structural implications.

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2. Background

2.1. Socio-Economic Context

2.1.1. Economy
The Ethiopian economy is predominantly agricultural with the sector accounting for 85
per cent of total employment as well as contributing approximately 42% of the total
gross domestic product (GDP) and 90 percent of export earnings in 2006.1 Until 2005,
the share of the industrial sector has not exceeded 14% of GDP and the manufacturing
sub-sector (cottage industry, small and micro enterprises and medium and large scale
manufacturing industries) constituted 5.5% of GDP and less than 5% total exports on
average.2 In 2003/2004 the country recorded a GDP Growth of 11.6% mainly because
agricultural production improved significantly following two consecutive drought years
(2001/02-2002/03).3 The growth registered during the three years ending 2006 averaged
10.7 percent.4 According to the International Monetary Fund (IMF), Ethiopia was the
fastest growing non-oil driven African economy in 2007 with a 10.5% GDP growth. The
largest contributor to GDP growth was agriculture, which accounted for approximately
42% of the total GDP.5 The growth since 2006 has been broad-based, with industry,
agriculture and services all expanding strongly.

Despite improvements in the overall economy, a recent report indicated that 23% of the
population of the country still lives on less than one US dollar a day.6 The Human
Development Index for 2006 ranked Ethiopia 170 out of the 177 countries while the
Human Poverty Index ranks the country 92 out of 95.7 The 2008 HDI for Ethiopia is
0.406, which gives the country a rank of 169th out of 179 countries with data.8

Country Basic Facts Year
Population, total (number) 73,918,505 2007

1
OECD, 2006 and AfDB/OECD, African Economic Outlook, 2008
2
PASDEP, 2005, pp. 149-150
3
Ministry of Finance and Economic Development (MOFED), Development
Planning and Research Department (DPRD), Annual Progress Report (2003/04), Addis
Ababa, March 2005.
4
MoFED, Dec. 2006
5
OECD, 2006
6
UNICEF, The State of the World’s Children, 2007
7
Government of Ethiopia-UNICEF: Country Programme Action Plan, 2007-2011
8
UNDP, 2008 Statistical Update: Ethiopia, Human Development Indices, 18
December 2008
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Population, male (number/%) 37,296,657/50.5 2007
Population, female (number/%) 36,621,848/49.5 2007
Population, children aged 0-17 (number/%) 38,468,083/52.0 2007
Population growth (annual %) 2.6 1994-2007
Regional Population
Tigray 4,314,456 2007
Afar 1,411,092 2007
Amhara 17,214,056 2007
Oromia 27,158,471 2007
Somali 4,439,147 2007
Benishangul Gumuz 670,847 2007
SNNP 15,042,531 2007
Gambella 306,916 2007
Harari 183,344 2007
Addis Ababa 2,738,248 2007
Surface area (sq. km) (thousands) 1,104
Life expectancy at birth, total (years) 55 2008
Literacy rate, total 36 2003-2008
Literacy rate, youth female (% of females ages 15-24) 38.5 1995-2005
Prevalence of HIV, total (% of population ages 15- 2.1 2007
49)
GDP (current US$) (billions) 17 2007
GNI per capita, Atlas method (current US$) 280 2008
Foreign direct investment, net inflows (% of GDP) 2.4 2005

To reduce poverty, the Government is implementing its second national poverty
reduction strategy, the Plan for Accelerated and Sustained Development to End Poverty
(PASDEP) 2006-2010. To implement the PASDEP Ethiopia has become one of the few
countries in the world that allocates more than one-half of its total expenditure for
investment purposes. Its expenditure on pro-poor sectors as a share of total expenditure is
also one of the highest in Africa. Since the adoption of PASDEP there has been a clear shift
in the allocation of expenditure towards infrastructure development and provision of
basic services. As a result, five sectors—education, health, water, sanitation, transport,
agriculture and urban development—consumed nearly 62 percent of the general
government budget in the 2008 financial year compared to 50 percent in 2003.9

2.1.2. HIV/AIDS
Ethiopia ranks among the countries significantly affected by the HIV/AIDS pandemic with
an official adult prevalence rate of 3.5% in 2005.10 More recent estimates based on data
from ANC surveillance and the Demographic and Health Survey (DHS)11 reflect a less
severe epidemic with adult prevalence estimated at 2.1% in 2006/07 (7.7% urban, and
9
UNCT report for the Universal Periodic Review of Ethiopia – Sixth Session of the
UPR Working Group (30 November-11 December 2009)
10
Federal Ministry of Health and the National HIV/AIDS Prevention and Control
Office, AIDS in Ethiopia, Sixth Edition, September 2006, p. 20
11
The two exercises produced national adult HIV prevalence estimates of 1.4% and
3.5% respectively.
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0.2% rural). The estimates for 2007 put the total number of people living with HIV at
977,394. In 2005, a total of 277,757 persons, including 213,306 (76.8%) adults in the
age group 15-49 years and 43,055 (15.5%) children in the age of 0 to 14 years, were
estimated to require ART.12 These numbers, which were anticipated to increase by around
73,000 in 2010, reached an estimated 258,264 in 2007.

There were an estimated 64,813 HIV positive children (0-14 years) in 2007, of which
31,996 were female and 38,988 from urban areas. New HIV infection is also estimated
to be 14,148 for 2007 and 14,093 in 2008 and 14,140 in 2009, females only slightly
below 50% in all cases. Similarly, annual AIDS deaths for children (0-14years) was
10,825(5, 347Female) for 2007 with a projection of 9,284 (4,586Female) for 2008. The
document further provides that there were 75,420 HIV-positive pregnancies and 14,148
HIV-positive births in 2007 This number is projected to rise to 90311 and 14276,
respectively, in 2010. 13 The ART needs of children was estimated to be 15,716 for 2007
and 17,264 for 2008 while it is projected to be 26,053 for 2010.14

2.2. Situation of Children
Approximately 52% of Ethiopia’s population is below 18 years old; with children 15 years
of age accounting for 48% of the general population.15 The projected primary school age
children (age 7-14) is estimated to reach 17.71 million in 201016 and the number of
children of secondary school age (15-18 years) is estimated to reach 6.8 million in 2010.

Child Statistics Year
Under-5 mortality rate, 109 2008
Infant mortality rate (under 1), 69 2008
Annual no. of under-5 deaths (thousands), 321 2008
Primary school net enrolment/ attendance (%), 45 2003–2008
% of infants with low birth-weight, 20 2003–2008
Single and double orphans (est. 5.5 2007
million)
Street children (est. 600,000) 2005
Children with disability (est. 700,000) 2008
HIV positive children under age 14 (est. 64,813) 2007
Children orphaned by HIV/AIDS (est. 855,720) 2010
Child mothers (women/girls reported first pregnancy before age 18) 24.7% 2005
Children in detention facilities (est. 1,500) 2007
Child headed households (est. 77,000) 2008
Child labour (5–14 years), total 53 1999–2008
Child labour (5–14 years), male 59 1999–2008

12
AIDS in Ethiopia, 6th Edition, p. 27
13
Ministry of Health, Single Point HIV Prevalence Estimate, June 2007
14
Ministry of Health, June 2007
15
DHS, 2005
16
CSA, 1998
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Child labour (5–14 years), female 46 1999–2008
Child marriage, total 49 2000–2008
Child marriage, urban 27 2000–2008
Child marriage, rural 55 2000–2008
Birth registration, total 7 2000–2008
Birth registration, urban 29 2000–2008
Birth registration, rural 5 2000–2008
Female genital mutilation/cutting, women a (15–49 years) , total 74 1997–2007
Female genital mutilation/cutting, daughters, total 38 1997–2007
Attitude towards domestic violence, , total 81 2001–2008

2.2.1. Education
In 2005/06 out of the estimated 6,959,935 children of the appropriate age group (4-6)
about 186,728 children have been reported to have access to pre-primary education in
1,794 kindergartens all over the country. Since these data do not cover all schools (data
from some NGO schools are not captured) total enrolment could be a little higher than
the above figure. The Gross Enrollment Rate (GER) for kindergarten level is 2.7% in
2005/06 which is a little higher than the previous year’s 2.3%. This means, 97.3 % of the
eligible children at these level do not have access to pre-primary education. The level of
enrollment is therefore, negligible when compared to the appropriate age group.

The number of primary schools, which has increased by 54.7% between 1997 and 2005
or 12.6% annually, reached 21 thousand in 2006/07.17 As a result of wider availability,
the primary school enrollment reached 14 million in 2006/07. The GER at national level
has been increasing continuously reaching 91.6% for all children and 85% for girls in
2006/07. On the other hand, the gender gap by GER has been decreasing except for the
2006/07 academic year. Net Primary Enrollment ratio or enrollment for school age
children (7-14) has increased from 77.5% in 2005/06 to 78.6% in 2006/07.

The number of secondary schools has grown at an annual growth rate of 16.4% in recent
years reaching 971 in 2006/07.18 In 2005/06, 1,066,423 students were enrolled in
secondary 1st cycle (grades 9-10). Out of the total enrollment, 387,707 (36.4%) were
girls. Second cycle secondary school intake capacity increased to 101,791 in 2006/07 form
74,717 in 2005/06. In 2006/07 the national GER at secondary level reached 36.2% for
first cycle and 5.3% for second cycle following a trend of annual increases. In the past six
years, the GER at the first cycle of secondary (9-10) showed an increase of 16.3
percentage points (23.3 and 12.7 percentage points for boys and girls respectively).
Similar increase was observed in the second cycle though with more limited rate.
However, the gender gap increased in favor of boys through out except for a 0.1%
decrease at the second cycle in 2006/07. The NER of the first cycle of secondary (9-10)
reached 13.2% in 2005/06 showing a 5.8 percentage point increase in five years. Despite
these improvements, the gender gap has shown a continuous increase except for
2005/06.

17
MoFED, PASDEP: Annual Progress Report, 2006-2007, p. 63
18
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2.2.2. Health and Nutrition
In 2005, the overall prenatal mortality rate is 37 still births per 1000 live births while
infant and child mortality rates stood at 77 and 123.19 The coverage for DPT3, Measles,
and fully immunized children reached 73%, 65%, and 53% respectively in 2006/07
though the coverage for DPT 3 showed slight decline compared to what has been
achieved in 2005/06.20 At country level, the share of children that suffer from stunting
(chronic malnutrition) and wasting (acute malnutrition) stood at 47% and 11% while
38% percent were under weight in 2004 (DHS, 2005). WMS reports show a consistent
decline in malnutrition over time; with a tremendous decrease in stunting in both urban
and rural areas. For instance, the rate of stunting in urban areas fell from 58% in 1996 to
30% in 2004 and from 67% to 48% in rural areas.21 According to DHS 2005, an
overwhelming majority of births (94 percent) were delivered at home, compared to 95%
in the DHS 2000. Five percent of births were delivered in a public facility and less than
one percent of births were delivered in a private facility. In rural areas 97 percent of
deliveries are in the home, while in urban areas 57% of women gave birth at home.

2.2.3. Violence against Children
A study conducted by the African Child Policy Forum and Save the Children Alliance
revealed children remain vulnerable to different forms of abuse and violence in
Ethiopia.22 In its second five year report, the government concedes that child abuse and
neglect is widespread in the country.23 The report further takes note of the absence of
systematic data gathering and monitoring mechanism to indicate even crude estimate of
the incidence of harmful traditional practices. The results of existing studies indicate the
prevalence of all forms of sexual violence, especially rape, sexual harassment, abduction,
child prostitution, trafficking in children for sexual purposes and early marriage, in
Ethiopia.24 This is confirmed by official crime statistics released by federal and state police
authorities showing that sexual outrage (child sexual abuse) and rape are the most
prevalent offences as well as being on the increase.25 In 2004/2005 and 2005/2006, 64%
and 55%, of the total victims of sexual abuse in Addis Ababa were children between the
age of 11 and 18 years, followed by the 6-10 years age category.26 Studies also indicate
that children have been subject to humiliating physical punishment and psychological
abuse at home, in school and in the community as well.27 There are also reports of trends

19
CSA. ORC Macro: Ethiopia, Demographic and Health Survey (2005), August 2006
20
21
CSA: Welfare Monitoring Survey, 2004
22
The African Child Policy Forum & Save the Children Sweden , Violence Against
Children in Ethiopia, 2006
23
The Second Five Year Country Report on the Implementation of the UN
Convention on the Rights of the Child, April 2005 , p.33
24
Government of Ethiopia, Report on Progress in Implementing the World Fit for
Children Plan of Action in Ethiopia, Addis Ababa, June 2007, p. 58
25
Ministry of Labor and Social Affairs, National Action Plan on Sexual Abuse and
Exploitation of Children (2006 - 2010), December 2005, pp. 9 - 10
26
JJPO and Save the Children Sweden: Sexual and Physical Abuse and Violence
against Children and Youth in Addis Ababa. Survey Report(unpublished)
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showing increasing incidences of trafficking in children for sexual purposes, child
prostitution and forced prostitution in and outside of the country.28

2.2.4. Orphans and Vulnerable Children
The Standards of Services for Orphans and Vulnerable Children in Ethiopia,29 which was
developed in the context of the HIV/AIDS response, defines an orphan as a child 0-17
years old who has lost one or both parents and OVC as “a child from 0-17 years old who
is either orphaned or made more vulnerable …”. According to this document a
vulnerable child may be characterized by HIV-positive status, lack of adequate adult
support, living outside family care, or being a target of stigma and discrimination. Thus, a
working definition of OVC in the Ethiopian context refers to children whose rights to care
and protection are being violated or who are at risk of those rights being violated as a
result of the death of their parents or other factors that put them in such a situation.

Within Ethiopia 5.5 million children are categorized as orphans or vulnerable children
(OVC), constituting around 6% of the total population of the country or almost 12% of
Ethiopia’s total child population.30 Over 83% of these OVC are living in rural settings.
The HIV/AIDS pandemic has fueled a rise in the number of orphaned and vulnerable
children. In 2007, the number of children orphaned by HIV/AIDS was reported at
898,350 among a total of 5,441,556 orphans. 31 The total number of AIDS orphans in
Ethiopia is projected to increase until 2010 although the rate of increase is expected to
lessen due to the impact of the planned ART services with the number of orphans in rural
areas exceeding that of urban areas.32 Based on these projections, the total number of
orphans would have increased to 5,459,139 in 2008 and to 5,453,313 in 2009 with the
respective estimates of 886,820 and 855,720 for AIDS orphans. Another significant result
of the HIV and AIDS epidemic is the increasing number of child-headed households;
currently estimated to be 77,000; the second highest number in Sub-Saharan Africa33 It is
estimated that 13 percent of children in the country have lost one or both of their parents
for various reasons.34 Moreover, the 2005 Ethiopian Demographic Health Survey
estimates that 18% all Ethiopian households are presently caring for an orphan.
27
The African Child Policy Forum & Save the Children Sweden , Violence Against
Children in Ethiopia, 2006
28
See: MoLSA, National Action Plan on Sexual Abuse and Exploitation of Children
(2006 - 2010), December 2005; IOM, Assessment of the Magnitude of Trafficking in
Women and Children Within and Outside Ethiopia, 2006; and WVE, Trafficking in
Children from Chenca, 2006
29
PEPFAR: Draft Standards of Services for Orphans and Vulnerable Children in
Ethiopia, Quality OVC PEPFAR Programming July 31, 2007, pp. 4-5
30
SCUK, Summary of Legal and Policy Frameworks governing orphans and
vulnerable children in Ethiopia, 2009
31
MOH, Single Point HIV Prevalence Estimate, June 2007
32
The estimated number of orphans in urban areas has been greater than that in
rural areas up to 2003; however, beginning in 2004, the number of orphans in rural areas
is expected to exceed that in urban areas.
33
African Child Policy Forum, 2008
34
SCUK, Legal and Policy Frameworks governing orphans and vulnerable children in
Ethiopia, 2008
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The Ministry of Labor and Social Affairs has reported the existence of some 150,000
children live on the streets in Ethiopia of which about 60,000 live in the capital35. Other
estimates report a much higher number. For example in the Third Supplementary report
to the Committee on the Rights of the Child, in Ethiopia36, it was stated that there were
approximately 200,000 street children in the Ethiopian urban areas, of which 150,000
reside in Addis Ababa. UNICEF estimated there were 600,000 thousand street children in
the country and more than 100 thousand in Addis Ababa.37

A recent study by Save the Children Sweden estimates that there are nearly 700,000
children with disabilities in the country, with the most common disability associated with
mobility challenges (55%), intellectual (13%), visual (12%) and hearing (9%)38. This study
found that about 11% of the respondents are drop-outs and the remaining 29% are not
enrolled at all. Another study conducted by Handicap National in Addis Ababa39 also
points out that out of the total CwDs surveyed, 2,597(49.3%) are not currently attending
school and most lack access to skills training and health care services. The vulnerability of
CwDs to various forms of abuse, neglect and exploitation was also confirmed by these
studies with around 12% of the children participating in the SCS study reporting exposure
to sexual abuse especially by close relatives, friends and neighbors.40

A 2005 survey41 showed that there are an estimated 77,000 child-headed households
with no accompanying adults. According to a study commissioned by the African Child
Policy Forum, the majority of child-headed households were found to be headed by
children between the age of fourteen and eighteen and that the average size of a child
headed household was found to be three42. The study further adds that children growing
up in child-headed households face many challenges and deprivations including difficulty
in getting food and shelter, serious threats to their education because of poverty, a higher
risk of being sexually abused by neighbors and relatives, more child prostitution and child
labor, and more likelihood of pursuing life on the street.

One study by Prison Fellowship Ethiopia points out that children below the age of 18
detained in all the 120 prisons all over the country could be 2% of the total saying that:
“The number of inmates in all these prisons is approximately 70,000 and the number of
children in conflict with the law could reach up to 1500.43 The ACPF and UNICEF study
further points out that, at the time it was gathering data (April-July 2007) the number of
35
Quoted in the Report on Progress in Implementing the World Fit for Children
Plan of Action in Ethiopia Addis Ababa June 2007 page 55
36
CRDA, Supplementary Report of NGOs on the Implementation of the Convention
to the Rights of Children in Ethiopia: A Supplement to the Third Five-Year Country Report
of Ethiopia Compiled by The Children and Youth Forum of the Christian Relief and
Development Association
37
US State Department Report on Human Rights Practices in Ethiopia 2005
38
Save the Children Sweden, Situation Analysis of Children with Disabilities, 2008
39
Handicap National: Situation Analysis of CwDs in Addis Ababa 2007, p.15
40
Save the Children Sweden: A Situation Analysis of Disabled Children in Ethiopia,
December 2008(unpublished)
41
CSA, Child welfare survey, 2005
42
African Child Policy Forum: Reversed roles and stressed Souls,2008
Page 16 of 41

children detained in the Addis Ababa Rehabilitation Institute for Juvenile Delinquents
were totally 71 children, with 59 boys and 12 girls. It also points out that at that time
children constitute a significant fraction of persons deprived of their liberty in most of the
detention facilities covered by the study.44 To that effect it adds that out of a total of
1346 prisoners, 148 (11%) were children in Debre Berhan prison, children aged 15-18
constitute about 70% of the detainees in the police station in Ziway and out of about
900 prisoners, children account for about 20–30 percent of the total population of
prisoners in Awassa. The report of CPUs in Addis Ababa also shows that significant
number of children come in conflict with the law. For instance, in 2008 FSCE Child
Protection Program has reported that a total of 1174 children (235F) have been reported
to all CPU in Addis Ababa as children in conflict with the law. 45

3. International Standards

3.1. Measures for the Implementation of the UNCRC
When a State ratifies any binding international agreement it takes on obligations under
international law to implement it. Generally, the basic obligations of States Parties to an
international instrument relate to three mutually supporting obligations: obligation to
respect, obligation to protect and obligation to fulfill. However, most agreements
complement this international law framework on the obligations of states by
incorporating specific provisions on measures of implementation.

Like most international human rights instruments, the CRC has provided for specific
measures for the implementation of its substantive provisions. Article 4 of the
Convention, which is the basic implementation provision, requires States parties to take
“all appropriate legislative, administrative and other measures” for implementation of the
rights contained therein. In addition, Article 42 creates the obligation the obligation to
make the content of the Convention widely known to children and adults while Article
44, paragraph 6 binds States to make reports widely available within the State. In
addition to these provisions, other general implementation obligations are set out in
article 2: “States parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any kind …”.

Examination of general comments, concluding observations, recommendations and
examination of periodic reports indicate that the Committee has identified what it has
termed “general measures of implementation” as deserving particular attention. These
general measures of implementation include legislation, the establishment of coordinating
and monitoring bodies - governmental and independent - comprehensive data collection,
awareness-raising and training and the development and implementation of appropriate
policies, services and programmes. The establishment of independent child rights
43
Justice for All-Prison Fellowship Ethiopia: The Situation of Children in Ethiopian
Prisons. ACPF and UNICEF: Children in Prisons and Detentions Centers in Ethiopia: the
Way Forward..(2007)Page 21
44
Which includes Addis Ababa Remand Home and prison facilities in Dessie, Jimma,
Ambo, Ziway, Awassa and Bahir Dar
45
FSCE: Annual Progress Report 2008.
Page 17 of 41

institutions within the government structure including ministers for children, inter-
ministerial committees on children, parliamentary committees, children’s ombudspersons
and children’s rights commissioners was even the subject of a separate general comment
by the Committee. The formation of NGO coalitions on children’s rights as well as the
design of child impact analysis, children’s budgets and “state of children’s rights” reports
was also given specific attention among these general measures of implementation.

As part of its consideration of general measures of implementation, and in the light of
the principles of indivisibility and interdependence of human rights, the Committee on
the Rights of the Child consistently urges States parties, if they have not already done so,
to ratify the two Optional Protocols to the Convention on the Rights of the Child (on the
involvement of children in armed conflict and on the sale of children, child prostitution
and child pornography) and the six other major international human rights instruments.

A country ratifying a UN human rights treaty agrees to respect and implement within
domestic law the rights the treaty covers. States parties need to ensure, by all appropriate
means, that the provisions of the Convention are given legal effect within their domestic
legal systems. Though it does not necessarily agree to make the human rights norm
directly enforceable in domestic courts, the State Party agrees to review its laws and issue
implementing legislation. In ideal cases the Convention is incorporated into domestic law
so that that the provisions of the Convention can be directly invoked before the courts
and applied by national authorities and that the Convention will prevail where there is a
conflict with domestic legislation or common practice. Where a State delegates powers to
legislate to federated regional or territorial governments, it must also require these
subsidiary governments to legislate within the framework of the Convention and to
ensure effective implementation.

For rights to have meaning, effective remedies must be available to redress violations.
This requirement is implicit in the Convention and consistently referred to in the other six
major international human rights treaties. Children’s special and dependent status creates
real difficulties for them in pursuing remedies for breaches of their rights. So States need
to give particular attention to ensuring that there are effective, child-sensitive procedures
available to children and their representatives. These should include the provision of
child-friendly information, advice, advocacy, including support for self-advocacy, and
access to independent complaints procedures and to the courts with necessary legal and
other assistance. Where rights are found to have been breached, there should be
appropriate reparation, including compensation, and, where needed, measures to
promote physical and psychological recovery, rehabilitation and reintegration, as required
by article 39.

Finally, the Committee on the Rights of the Child has in its general comments, concluding
observations, recommendations and examination of periodic reports identified a broad
category of measures. This catch-all group of administrative and other measures include
the following:

– Developing a Comprehensive Strategy: The development of a unifying,
comprehensive and rights-based national strategy or national plan of action for
Page 18 of 41

children that is relevant to the situation of children, covering all the rights in the
Convention and developed through a process of consultation.

– Coordination of implementation of children’s rights: Coordination among central
government departments, among different provinces and regions, between central
and other levels of government and between Government and civil society to
ensure respect for all of the Convention’s principles and standards for all children
within the State jurisdiction and to ensure that the obligations inherent in the
Convention are recognized across government agencies.

– Monitoring the Implementation of the CRC: Ensuring that the best interests of the
child are a primary consideration in all actions concerning children (art. 3 (1)), and
that all the provisions of the Convention are respected in legislation and policy
development and delivery at all levels of government through a continuous
process of child impact assessment46 and child impact evaluation47.

– Data collection and analysis and development of indicators: Collection of
sufficient and reliable data on children, disaggregated to enable identification of
discrimination and/or disparities in the realization of rights.

– Making children visible in budgets: In its reporting guidelines and in the
consideration of States parties’ reports, the Committee has paid much attention to
the identification and analysis of resources for children in national and other
budgets.

– Training and capacity-building: Developing training and capacity-building for all
those involved in the implementation of child rights - government officials,
parliamentarians and members of the judiciary - and for all those working with
and for children.

– Cooperation with civil society: Implementation is an obligation for States parties,
but needs to engage all sectors of society, including children themselves.

– International cooperation: Article 4 of the Convention emphasizes that
implementation of the Convention is a cooperative exercise for the States of the
world.

– Independent human rights institutions: The establishment of independent human
rights institutions falls within the commitment made by States parties upon
ratification to ensure the implementation of the Convention and advance the
universal realization of children’s rights.

46
Predicting the impact of any proposed law, policy or budgetary allocation which
affects children and the enjoyment of their rights
47
Evaluating the actual impact of implementation
Page 19 of 41

– Making the Convention known to adults and children: Under Article 42 of the
Convention States Parties undertake to make the principles and provisions of the
Convention widely known, by appropriate and active means, to adults and
children alike.

– Making reports under the Convention widely available: Article 44/6/ of the
Convention states that States Parties should make their reports widely available to
the public in their own countries.

3.2. An Enabling Environment for Child Protection

3.2.1. Child Protection
The term ‘child protection’ is used to refer to different concepts depending on the
purposes and contexts in which the author intended to apply it. In the context of child
rights it normally means protection from violence, abuse and exploitation as a corollary
to a child’s right not to be subjected to harm. Children’s rights to protection from
violence, abuse and exploitation are clearly laid out in international law, the legal
standards of regional bodies and in the domestic law of most if not all countries in the
world. International human rights instruments such as the UDHR, ICCPR and ICESCR
recognized the human right to be free from violence, abuse and exploitation for
everyone, including children. In 1989, the United Nations Convention on the Rights of
the Child was adopted by the General Assembly as a reflection of international consensus
on the need for an international instrument explicitly and specifically addressing the rights
of children. The UNCRC, which is the most widely ratified human rights treaty in history,
gave legal force to standards set out in earlier instruments and introduced new concepts
including the principles of child participation and best interest of the child. The creation
of the Committee on the Rights of the Child is another innovative aspect of the
Convention.

Article 19 of the Convention provides for the rights of the child to be protected from: “all
forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.” The broad descriptions of
this provision are further elaborated in other provisions of the Convention dealing with
protection from specific forms of abuse and exploitation. These include:

– protection from torture or other cruel, inhuman or degrading treatment or
punishment (Article 37);

– corporal punishment in schools (Article 28/2);

– economic exploitation of the child, including child labor (Article 32);

– the use of children in the illicit production and trafficking of narcotic drugs and
psychotropic substances (Article 33);

Page 20 of 41

– the abduction, sale or traffic of children for any purpose or any form (Article 35);

– all other forms of exploitation prejudicial to any aspect of the child’s welfare
(Article 36).

These provisions of the UNCRC are supplemented by a number of international and
regional human rights instruments recognizing the child’s rights to protection from the
various forms of abuse and exploitation. These include:

– The African Charter on the Rights and Welfare of the Child (1990);

– International Labour Convention No. 138 (1973) on minimum age;

– International Labour Convention No. 182 (1999) concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour

– The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children to the UN Convention on Transnational Organized Crime
(2000)

The two Optional Protocols to the Convention on the Rights of the Child (on the
involvement of children in armed conflict and on the sale of children, child prostitution
and child pornography) are also important elements of the international child protection
framework.

3.2.2. Components of an Enabling Environment for
Child Protection
The characteristic features of a protective environment context for children include the
following legal, political and social elements.

– Political commitment: The Commitment of the State to fulfilling protection
rights of children is an essential element for a protective environment.

– Policies, Legislation and enforcement: An adequate legislative framework,
its consistent implementation, accountability and a lack of impunity are essential
elements of a protective environment.

– Social support: Societies where attitudes, traditions, customs, behavior and
practices work against all forms of violence against children, and promote respect
for the rights of children contribute most to a protective environment for children.

In this context, the State and society have recognized their duty to safeguard the
protection of children and put in place an enabling political, legal and social environment
to fulfill such duty. Provided that children are empowered to become active agents in
protecting their rights and capacity limitations are addressed, these three elements would
ensure that children’s protection rights are realized.
Page 21 of 41

a) Political Commitment
Ratification of international and regional legal instruments dealing with child protection is
an important initial step in express political commitment to child protection. The formal
act of ratification through which a state becomes party to an international instrument
entails assumption of obligations towards the realization of the rights contained therein.
While important in itself, this expression of commitment is not a one-off act on the part
of the state. Rather, as a State Party to the specific convention, the government
undertakes an ongoing obligation to present reports on the status of implementation of
the Convention. For instance, once a country has become party to the Convention on the
Rights of the Child, initial report and subsequent periodic reports are submitted in to the
UN Committee on the Rights of the Child in accordance with the periodicity established
in the Convention. States also undertake to ensure that proper follow-up to the report
and the Committee’s recommendation on the country report is carried out. Related
commitments of states having ratified the UNCRC also include:

– Ensuring wide dissemination of information on children’s rights including
availability of the Convention in the national languages;

– Making reports under the Convention and other documentation of the
examination of their reports under the Convention widely available to the public
in their own countries including through translation into all languages and into
appropriate forms for children;

Another expression of political commitment is the allocation of adequate resources for
child protection. Expression of such commitment starts with making children visible in
national and other budgets so that the State can determine whether it is fulfilling
children’s rights “to the maximum extent of … available resources”. This would also
enable the State to ensure that budgetary decisions are made with the best interests of
children as a primary consideration. The next step is ensuring that ggovernment
commitments regarding child protection issues match the protection needs of children as
identified in data and analysis and are reflected and adequately funded in the national
budget. The allocation of resources includes both financial resources as well as the time
and energy of different institutions and branches of government. Other important
expressions of political commitment include:

– establishment of independent human rights institutions to monitor independently
the State’s compliance and progress towards implementation and endeavor
towards the full realization of children’s protection rights;

– ensuring collection of reliable, comprehensive and disaggregated national data on
child protection issues for an accurate appraisal of children’s needs and the
development of appropriate responses;

– encouraging and facilitating the involvement of children and young people
advocates and actors for their own protection;

Page 22 of 41

– building coalitions, providing leadership and support, and identifying
opportunities for collaboration with civil society and international partners for
child protection;

– active participation in international efforts to promote respect for children’s rights;

In more general terms, political commitment is expressed through prioritizing child
protection issues in the national policy agenda.

b) Policies and Legislation
A country ratifying an international or regional human rights agreement agrees to respect
and ensure, by all appropriate means, that the provisions of the Convention are given
legal effect within their domestic legal systems and policy frameworks. Harmonization of
national legislation with international standards on child protection often starts with
measures incorporating protection principles and standards into the national constitution.
Such constitutional recognition provides a firm basis for further harmonization since the
constitution serves as the framework for other legislation.

Once child protection principles are enshrined in the constitution, the next step is to
develop and adopt national legislation to the constitutional standards. Typically, this
involves national legislation setting the principles, objectives and priorities for national
action to ensure child protection in line with international and constitutional
commitments. The substantive legislation then forms the basis for subsequent laws
providing for subsidiary rules for the implementation of child protection standards as well
as the establishment and mandating of institutions responsible for the implementation of
child protection laws and policies. The same results may also be achieved through a
process of legislative reform involving a review of national laws and standards pertinent
to child protection to see if they meet the protective provisions of international
instruments to which States are party. In addition to compliance with applicable
standards, such reviews can identify gaps in the existing legislation on the protection of
children and identify, quantify and analyze violations of the rights of children that need
to be addressed. As such, the research can make an important contribution towards
legislation that is well adapted to the socio-economic and cultural context for child
protection.

Parallel measures of implementation to harmonize the national policy framework with
international commitments ideally involve the development of a unifying, comprehensive
and rights-based national strategy or national plan of action for children that is relevant
to the situation of children, covering all their rights and developed through a process of
consultation. Such a policy or strategy would involve the development of indicators
related to the rights, establish effective systems for data collection to assess progress in
implementation, to identify problems and to inform policy development, mechanisms for

Page 23 of 41

coordination among key actors, and process for child impact assessment48 and child
impact evaluation49.

In conclusion, a comprehensive legal and policy framework for child protection comprises
of laws, policies, strategies and plans on:

– prevention of abuse and exploitation of children at home, in the community, in
schools, in child care institutions and other contexts;

– systems for the identification of victims, reporting suspected instances, investigate
allegations of child abuse and neglect and assess the child and family;

– a framework of child protective legislation and a judicial system that is separate
from but integrated with the laws and systems that respond to criminal behavior;

– procedures to provide immediate safety for the child and longer-term alternative
care when required;

– assistance and support for the child victim, family members, and perpetrators of
abuse and exploitation; and

– an overall system of coordination among the many stake-holders involved.

Ideally, such a framework will be set out within the text of comprehensive legislative
and/or policy documents dealing with child protection or child rights in general such as a
children’s act, children’s policy or a national plan of action on children/child protection.

c) Social Support
Though the State is the primary duty bearer assuming obligations under international
child rights instruments, the role of other actors in providing for a protective environment
for children is also essential. These actors include parents or guardians of the child,
educational and other institutions responsible for the care of the child, service providers
and community members. The roles of parents and guardians are especially recognized in
the relevant child rights standards including the UNCRC.

Societal attitudes or traditions may facilitate or hamper the protection of children
depending on whether violations are tolerated or abhorred. For instance, severe corporal
punishment and child labor draw upon conception of childhood while the practice of
HTPs or gender-based violence against girls reflects gender perceptions. In such cases, the
obligations of the State to protect children against abuse and neglect, including abuse
happening within the family, as well as other caring environments, such as foster care,
day care, schools, and institutions comes into play.50 The government is thus expected to

48
Predicting the impact of any proposed law, policy or budgetary allocation which
affects children and the enjoyment of their rights
49
Evaluating the actual impact of implementation
50
Article 19 of the Convention on the Rights of the Child
Page 24 of 41

take “all appropriate legislative, administrative, social and educational measures” to
ensure social support for the protection of children.

On the other hand, communities could also make positive contributions to the protection
of children in various ways. This may come about pre-existing positive values and
structures that can be used to promote the rights of children. Cases in point include
traditional or religious arrangements for the care of children such as extended families and
adoption of children under Islamic law. Even where the initial social context is not
protective of children, community actors could be sensitized and engaged towards the
creation of social support for child protection. The role of community based institutions
and structures, community leaders, and children’s structures are especially important in
this respect.

Page 25 of 41


4. Policy and Legislative Measures for the Implementation of the
UNCRC in Ethiopia

4.1. Status of Ratifications
Ethiopia ratified the Convention on the Rights of the Child in 1992 through Proclamation
10/1992.51 General human rights instruments ratified by Ethiopia include the Convention
for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of
Others, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, and the Convention on the
Elimination of all Forms of Discrimination Against Women (CEDAW). The Ethiopian
government has also ratified the ILO Conventions No. 29 (Forced Labour), No. 182
(Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour), No.138 (Minimum Age Convention), No. 181 (The Private Employment Agencies
Convention), No. 105 (The Abolition of Forced Labour Convention), and No. 111
(Discrimination in Employment and Occupation). Ethiopia has signed the Optional
Protocol to the Convention on the Rights of the Child on the Involvement of
Children in armed conflict52 on 28 Sep 2010. However, the optional protocol has
yet to be ratified by the House of Peoples’ Representatives.53

4.2. Constitution
The 1995 Constitution of the Federal Republic of Ethiopia has an in-built mechanism of
incorporating international laws as it has provisions which makes all international
agreements ratified by Ethiopia part of the law of the land. Article 13/2 of the
constitution has a specific provision for international human rights instruments such as the
UNCRC, UNDHR, ICCPR, and ICESER which also provide standards for the
interpretation of the Constitution in matters related to fundamental human rights.

The FDRE Constitution enumerates fundamental rights and freedoms under its Chapter III
covering the whole range of human rights consistent with the substance of the
international bill of rights. The general provisions of the Constitution on security of the
person (Article 16) and prohibition of inhuman treatment including forced labor, slavery,
servitude and trafficking in persons (Article 18) are especially important in the context of
children. The right to equal access to publicly funded social services and the
corresponding obligation of the State to allocate the necessary resources have also been
recognized (Article 41/3 and 4, and Article 90/1). These general provisions are applicable
51
The Ethiopian government also ratified the African Charter on the Rights and
Welfare of the Child on 4th of July 2000 by virtue of Proclamation 283/2000.
52
Adopted 25 May 2000 and came into force 12 February 2002
53
The ratification of the OP already signed is among the recommendations accepted
by the government of Ethiopia during the UPR process. This has reportedly led to the
initiation of a process to do so within the HPR.
Page 26 of 41

to all persons, including children, without discrimination as per article 25 of the
Constitution on non-discrimination and equality before the law. The Constitution also
provides specifically for the rights of children under article 36.

Article 36 of the Constitution explicitly recognizes several rights of the child namely the
rights of the child to life, name and nationality, to know and be cared for by parents or
legal guardians, to be protected from labor exploitation and not to be forced to
undertake work that may harm his or her education, health and well-being, to be free
from harsh or inhuman punishment that may be inflicted on his body, in schools or child
care institutions. Article 36(2) of the Constitution goes beyond recognition of specific
child rights and incorporates the principle of best interest of the child. This provision
provides that the best interest of the child shall be the primary consideration in all actions
concerning children by public institutions, courts of law, administrative authorities or
legislative bodies. Another relevant constitutional provision, Article 41/4, dealing with
economic and social rights states that, “The State shall, within available means, allocate
resources to provide rehabilitation and assistance … to children who are left without
parents or guardian.”

4.3. Major Legislation
Upon ratifying an international agreement, States are obliged to make a comprehensive
review of all domestic legislation and related administrative guidance to ensure full
compliance with the convention. States should ensure by all appropriate means that the
provisions of the convention are given legal effect within their legal system. In this
respect, Ethiopia has taken some major steps to harmonize its domestic laws with the
provisions of the CRC. As discussed above, these efforts start with the federal constitution
adopted in 1995 which contains provisions for the domestication of international human
rights agreements including the CRC and specifically incorporates some of the rights
recognized in the Convention. Measures have also been made to harmonize some specific
laws with the standards of international laws including CRC. As part of a comprehensive
law reform program, the Ethiopian government has revised a number of key legislations
relevant to the realization of child rights. These include the Revised Family Code (2000)
and the Criminal Code (2005).

4.3.1. Family Law
The Revised Family Code of the Federal Democratic Republic of Ethiopia (Proclamation
No. 213/2000) 54 was adopted to replace the family law provisions of the Civil Code of
1960. The Code contains general provisions recognizing the ‘proper care and well being
of children’ as the basis for decisions under the Code, defining a child (Article 215),
providing for the health, education and upbringing of the child (Articles 257, 260, and
258), adoption (Articles 180-194) and institutional care (Article 229). The Family Code
highlights the lines of family relationship that are responsible to provide care and support
to children who have lost their parents. Where the parents of the child are not in a

54
This Code is applicable only federally, in Addis Ababa and Dire Dawa City
administrations. Yet, most of the other regions have adopted more or less the same
provisions under their respective Regional family codes.
Page 27 of 41

position to take care of their children, the responsibility to take care of an orphan is the
grandparents’. If the orphan does not have grandparents, the responsibility would go to
older sisters and brothers.55 The last available resort provided by the Revised Family Code
is that the orphan children would be sent to institutions.56 The issue of birth registration
has also been covered in relation to proof of age (Articles 2/7 and 155) and record of
birth (Article 154) and registration of civil status (Article 321). These provisions impose
obligations on the Federal Government to establish the institutions for the
implementation of the birth registration regime and give official recognition to certificates
of civil status issued by an appropriate authority until the Government does so (Article
321/1 and 2).

The recognition of the welfare and wellbeing of children as the principle guiding the
competent authorities is elaborated through detailed provisions of the RFC directing court
action in family matters. These include decisions relating to appointment or removal of
persons responsible for the care of a child (Article 249), approval of divorce (Articles
80/3 and 82/6), custody of children upon dissolution of marriage (Article 113/2), and
similar disputes within irregular union (Article 114). The Revised Family Code has further
incorporated the principles of the best interests of the child and child participation. Article
113 of the Code directs the court to take into account the age and interests of children in
determining the custody and maintenance of children upon the dissolution of marriage. It
also provides for the views of the child to be considered in the decision. Similarly, the
provisions of the Code on adoption and the appointment and removal of guardians and
tutors direct the Court to consult the child and seriously consider the child's opinions.
Article 194 (2) of the same Code provides that the court shall decisively verify the
adoption is to the best interest of the child before an agreement of adoption. In some
instances if the court requires additional information it may order the MoWA to collect
further evidence.57

4.3.2. Criminal Law
The Criminal Code of the Federal Democratic Republic of Ethiopia (Proclamation No.
414/2004) came into force in 2005 replacing the Penal Code, which was in force since
1949. The provisions of the Code criminalize and stipulate serious penalties for the
various forms of abuse and exploitation against children. These include infanticide (article
544), rape (articles 620-628), sexual outrage (articles 626-631), abduction (articles 587-
590), female genital mutilation (article 565 and 566), early marriage (articles 648 - 649),
endangering the lives of or causing bodily injury to pregnant women and children (article
561-563), maltreatment, neglect and negligent treatment (articles 576, 658-659),
exposure to imminent danger or abandonment of a child (article 574), omission to
register the birth of an infant or failure to report an abandoned infant (article 656),
trafficking in children and child labor (articles 596, 597 and 635), and prostitution of
another for gain (articles 604 and 634). In addition to criminalizing forms of violence
against children not covered by the old Penal Code, the Criminal Code has redefined the
elements of some existing offences, added aggravating circumstances and revised the
55
Article 220 and the following of the Revised Family Code
56
Article 220 and the following of the Revised Family Code
57
Article 193 of the Revised Family Code
Page 28 of 41

penalties applicable in cases of violation. New provisions on concurrence of offences and
the liability of institutions have also been included.

4.3.3. The Labour Proclamation
Proclamation number 377/2003, i.e. the Labor Code applicable to employment
relationships within the private sector, explicitly prohibits the employment of children
below the age of 14 years (Article 89/2). It also provides special protections for child
workers between the ages of 14 and 18 including prohibition of employment to perform
work whose nature or the circumstances under which it is to be carried out is harmful to
the life or health of the young worker (Article 89/3). The Code sets the maximum
working hours for young workers at seven hours a day (Article 90) and precludes the
employment of young workers for night work, overtime work, work on weekly rest days
and on public holidays (Article 91). Furthermore this law requires the Ministry of Labor
and Social Affairs to prescribe the schedules of dangerous operations that are not to be
performed by persons below the age of 18 (Article 89/4). The proclamation finally
prescribes penalties for contravention of its provisions by the employer under articles 183
– 187. The penalty provision relevant to our discussion, article 184 (1), addresses three
acts of violation by the employer: violation of provisions relating to working hours;
violation of provisions on weekly rest days; public holidays or leaves; and, violation of
the duty to inform the Ministry upon the suspension of the contract of employment.

4.4. Policy Documents
Ethiopia has yet to have a single comprehensive policy dealing with the rights of children.
However, child rights concerns are addressed in the various policy documents on related
matters. One among these instruments is the Developmental and Social Welfare Policy
(1996) which, among other objectives, aims at implementing international standards
relating to the welfare of children. The cultural policy of Ethiopia also addresses the issue
of eradicating harmful traditional practices affecting children. Similarly, the National
Youth Policy, National Education Policy, and the Policy on have dealt with issues of
direct relevance to child rights. In addition to these policy documents, a set of national
action plans relevant to the promotion and protection of rights of children are in
existence. These include the National Programme of Action for Children and Women
(1996 - 2000), the National Plan of Action on Orphans and Vulnerable Children (2004 –
2006), the National Plan of Action for Children (2003 – 2010) and the National Action
Plan on Sexual Abuse and Exploitation of Children (2006 - 2010). Other issues on which
the development of national action plans are reportedly underway include child labor
and Civil Registration and Vital Statistics Systems. Two guidelines developed and
published by MoWA recently are also important for child rights.

4.4.1. Developmental and Social Welfare Policy
The most relevant policy for the welfare and protection of children is the Developmental
and Social Welfare Policy, which was issued in 1996 by the Ministry of Labor and Social
Affairs. The policy explicitly affirms the commitment of the Ethiopian Government to
ensuring the welfare of, especially the disabled, the elderly, as well as that of orphaned
and abandoned children. The Policy further addresses issues related to protection against
Page 29 of 41

child abuse and neglect, care and support to vulnerable children, and support to child
care institutions. Regarding the welfare of children, the policy is committed to
implementing all international standards and to provide appropriate and comprehensive
services to children to ensure their development. The Policy directs the State to make
every effort to create an environment conducive to addressing problems of children in
especially difficult circumstances, promote conditions that will enable orphaned and
abandoned children to get assistance, and find appropriate and effective ways and means
of dealing with the problems of children with physical and mental impairments. In
relation to institutions for the care and education of children the emphasis of the Policy is
on promoting child-development-oriented care and services to children through support
and incentives, and support to the establishment and operation of child welfare and
development organizations and services by appropriate organs of government,
communities, non governmental agencies, voluntary associations and individuals.

4.4.2. The Criminal Justice Administration Policy

4.4.3. National Action Plans
The National Plan of Action for Children for the period 2003-2010 and beyond, which
became operational in June 2004, is a comprehensive policy document addressing issues
related to education, health, HIV/AIDS, and protection of children against abuse and
exploitation. The Plan aims at protecting children from abuse, exploitation and violence,
improving the situation of children under difficult circumstances, and assisting OVC in the
context of HIV/AIDS. Specific goals, strategies, activities and indicators have been outlined
in the document under each of the three objectives. The NPA defines children under
difficult circumstances as “children who are without adequate or no family support and
are in need of some socio-economic assistance”. The limitation of the document is that it
is too general and it has not been effectively implemented by the Government and other
non-state actors.

The National Action Plan on Sexual Abuse and Exploitation of Children (2006-2010),
which was issued by MoLSA in 2005, provides for interventions to prevent and respond
to sexual abuse and exploitation of children. Aiming to minimize the prevalence of
problem, the prevention measures within the National Action Plan relate to data
collection and research on sexual abuse and exploitation of children and existing
interventions, awareness raising and sensitization on the rights of children in general and
the right for protection from sexual abuse and exploitation, capacity building for key
actors and stakeholders including children and youth associations, and facilitating access
to basic services to address major causes of vulnerability (Section 7.2.1). The protection
program, on the other hand, involves a range of measures to improve the accessibility
and effectiveness of the legal and policy framework for the better protection of children
from sexual abuse and exploitation. To this end, the National Action Plan proposes legal
study to improve understanding of the existing legal and policy framework, legal reform
to harmonize laws with international standards and improve their implementation,
capacity building to improve quality and accessibility of services by law enforcement and
judicial bodies, and public interest litigation of selected cases of sexual offences against
Page 30 of 41

children (Section 7.2.2). Finally, the National Action Plan covers measures for the
rehabilitation and reintegration of child victims of sexual violence by initiating and
strengthening integrated rehabilitation services and referral systems. The specific
interventions relate to facilitating the provision of integrated comprehensive services to
child victims, initiating the establishment of community level protection centers, and
development of guidelines on service delivery and ethical standards (Section 7.2.3).

4.4.4. Guidelines
The Ministry of Women’s Affairs (MOWA) has developed and adopted recently a
comprehensive guideline for alternative child care based on the principles and standards
stipulated in the UNCRC, the ACRWC, the FDRE Constitution, and Ethiopian laws. The
guideline covers principles various forms of alternative childcare including programs and
services on community-based child care, reunification and reintegration of children, foster
family care, adoption, and institutional child care. The overall objective of the alternative
childcare guideline is to establish a regulatory instrument on childcare systems with a
view to contribute towards improving the quality of care and service provided by
governmental and non-governmental organizations involved in childcare and to advance
the welfare of the orphans and other vulnerable children (OVC) in the country. The
specific objectives of the guidelines are to:

– facilitate the provision of quality and effective care and support to OVC based
on the principles that ensure the best interests of the child;

– set minimum conditions on the delivery of alternative childcare services in the
country;

– develop sound child oriented operational frameworks in accordance with the
rights-based approach both at institutional and community levels; and,

– promote a participatory approach of dealing with the care and support of OVC.

The Guidelines outline the overall and specific objectives of each form of alternative child
care, the roles and responsibilities of involved actors, service provision guidelines and
regulatory issues. Illegal acts have also been identified in the guidelines specific to foster
care and adoption. Those related to adoption relate to falsifying information about
children and family background; misleading and mis-informing parents and guardians;
facilitating adoption without consent of parents and guardians; using adoption for
financial or other gains; abusing, selling and trafficking children through adoption; and
facilitating adoption without the knowledge of MOWA and other authorities.

The Standard Service Delivery Guidelines for Orphans and Vulnerable Children Care and
Support Programs were developed by MoWA and the Federal HIV/AIDS Prevention and
Control Office (FHAPCO/HAPCO) to address gaps in standardization and uniformity in
services offered to OVC by various actors.58 The Guidelines outline the programme design

58
MoWA and HAPCO, Standard Service Delivery Guidelines for Orphans and
Vulnerable Children Care and Support Programs, Addis Ababa, February 2010
Page 31 of 41

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