Abstract
As the importance of disability as a human rights issue is recognized more consistently internationally, the question arises as to whether this international interest transfers to practices at local country levels. To what extent do international agreements and treaties make a difference at local level? With reference to the situation on the African continent as a whole, it has been suggested that the question of disability rights and the realization of these rights can easily be separated from more general question concerns about governance at country and regional level. This chapter takes the situation of Ethiopia as a case study and after a brief introduction examines the links between policy in Ethiopia and international codes and conventions. The particular lens of the analysis will be through a gender rights and disability rights approach. As may be expected, there are some disjunctions between Ethiopian practices and international prescriptions, and some suggestions for changes in approach to the field are made.
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Notes
- 1.
Force has been used against sovereign states but it has usually been used against weak states that do not have the power to protect its sovereign interests. Critics argue that when some states intervene in other countries on human rights grounds, it is unclear whether the state in question is genuinely concerned by human rights abuses or are only trying to further their own national/ foreign policy interests.
- 2.
Article 566 states that in pronouncing penalties for such acts, the court will take into consideration the age, educational level and social background of individuals who committed the act. So while the punishment may in some cases range from 6 months to 1-year imprisonment, it can sometimes result in a strong warning to the accused.
- 3.
Discussions held between writer and the Ethiopian Women’s Lawyers Association. June 2007.
- 4.
The police make separate classification of rape of virgins and non-virgins in their investigations, although the law does not require such classifications. Information obtained from several interviews held between writer and various members of the Ethiopian police force in June 2007.
- 5.
Ethiopia ratified the Convention on the 10th October 1981.Ethiopia is not a signatory to the optional protocol.
- 6.
Ethiopia ratified (without signing) the CAT on the 13 April 1994.
- 7.
Ethiopia ratified the CRC on the 13 June 1991 without any reservations. However, it has not ratified the Optional Protocol on the sale of children (OPSC), child prostitution and child pornography nor the Optional Protocol on the involvement of children in armed conflict.
- 8.
Ibid.
- 9.
Sexual violence appears to be on the increase as documented by the Ethiopian Women’s Lawyers Association (EWLA) – (a local Ethiopian NGO for women’s rights). EWLA are also very active in campaigning for marital rape to be criminalised.
- 10.
A study by Etharc found that the HIV prevalence rate amongst Addis Ababa prostitutes was 73% as of 1999.
- 11.
Many observers have attributed this to the preoccupation and intense preparations within government circles and elsewhere of the Ethiopian New Year, which was celebrated (according to the Ethiopia calendar) in September 2007.
- 12.
Signing indicates the intention of a State to take steps to express its consent to be bound by the Convention and/or Optional Protocol at a later date. Signing also creates an obligation, in the period between signing and consent to be bound, to refrain from acts that would defeat the object and purpose of the treaty. Ratification legally binds a State to implement the Convention and/or Optional Protocol, subject to valid reservations, understandings and declarations.
- 13.
Further UN analysis can be found on the UN website/ http://www.un-ngls.org/site/article.php3?id_article=469
- 14.
The number is quite low when compared to other African state parties.
- 15.
Unfortunately, not all of the reports were accessed online, particularly those reports dating between 1995/1996. The author will discuss only those reports that were accessed online.
- 16.
Ibid.
- 17.
Local and international NGOs provide a wealth of valuable information in these instances of non-compliance.
- 18.
The committee noted the establishment of the Ethiopian Human Rights commission and the Office for Ombudsman in 2000, as provided for under article 55 of the Constitution, as well as the appointment of the Human Rights Commissioner and Chief Ombudsman in 2004. However, despite exhaustive research by the writer, there does not seem to be any real evidence of change since the appointment of the ombudsman and Human Rights Commissioner.
- 19.
From discussions the writer had with several commanders at police level, knowledge about the CRC proved to be very limited. In the police manual used in Addis Ababa police stations, only one half page is devoted to the CRC. There is no mention as to how children with disabilities should be treated within the justice system. This would be in direct contrast to the information the Ethiopian government provided in their report.
- 20.
Handicap International have held several workshops on international human rights law with a particular focus on the rights of persons with disabilities.
- 21.
Discussions held between the writer and human rights lawyers /local NGOs in Ethiopia, June 2007.
- 22.
Some reject this argument saying that the publication by the ‘Negarit Gazeta’ is for publicity reasons and the courts can interpret international instruments as long as the legislative body, the House of people’s representatives ratified them even if the laws are not published (Ethiopian Women’s Lawyers Association).
- 23.
Ibid.
- 24.
Ibid.
- 25.
Supra note 31.
- 26.
There is no law that forces the National Bank of Ethiopia to print Birr notes holding Braille patterns that would help persons with visual impairment to easily distinguish the notes.
- 27.
Supra note 31.
- 28.
In Ethiopia a university graduate can immediately become an assistant to a judge. After a 2-year apprenticeship he himself can become a judge. After 5 or 6 years some judges then use the experience to become practicing lawyers and earn far better salaries as a result. In Ireland and the UK it is exactly the opposite way round. (Information also confirmed in discussions held between the writer and APAP, Ethiopian NGO) in June 2007.
- 29.
Many international donors like the Oak Foundation have contributed to positive change within the Ethiopian criminal legal system. They have placed cameras in the Child courts, very pertinent particularly in areas of sexual abuse, where the child does not have to be subjected to the arduous trial process and can now give evidence in front of a camera. The evidence is provided in the presence of a trained psychologist. The system has proved to be very effective to date.
- 30.
Supra note 31.
- 31.
Information obtained from discussions held with management staff at the Handicap International offices in Hune 2008 as well as local NGO’s and disability organisations in Ethiopia, June 2007.
References
Handicap International: ‘Report of the proceedings on capacity building workshop for the judiciary and law enforcement agencies’, (unpublished) February 25th 2007
Philip Allot (1992). Concept of International Law, European Journal of International Law 1999, 10(1): 31–50, doi:10.1093/ejil/10.1.31
Teferra, T (2005). Disability in Ethiopia: issues, insights and implications. Printed at Addis Ababa University Printing Press.
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Rouger, T. (2009). The Impact of International Human Rights Law on the National Laws of Ethiopia from a Gender Rights and Disability Rights Perspective. In: Maclachlan, M., Swartz, L. (eds) Disability & International Development. Springer, New York, NY. https://doi.org/10.1007/978-0-387-93840-0_3
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