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, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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mailto:[email protected]



Table of ContentsList of Acronyms...............................................................................................4Executive Summary.........................................................................................51. Introduction...............................................................................................6

1.1. Purpose and Objectives.......................................................................61.2. Research Approach..............................................................................71.3. Key Research Issues............................................................................9

2. Background.............................................................................................102.1. Socio-Economic Context....................................................................10

2.1.1. Economy.....................................................................................102.1.2. HIV/AIDS......................................................................................11

2.2. Situation of Children..........................................................................122.2.1. Education....................................................................................132.2.2. Health and Nutrition....................................................................132.2.3. Violence against Children............................................................142.2.4. Orphans and Vulnerable Children................................................15

3. International Standards...........................................................................173.1. Measures for the Implementation of the UNCRC...............................173.2. An Enabling Environment for Child Protection...................................20

3.2.1. Child Protection...........................................................................203.2.2. 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........................................................................264.2. Constitution.......................................................................................264.3. Major Legislation...............................................................................27

4.3.1. Family Law..................................................................................274.3.2. Criminal Law................................................................................284.3.3. The Labour Proclamation.............................................................29

4.4. Policy Documents..............................................................................294.4.1. Developmental and Social Welfare Policy...................................294.4.2. The Criminal Justice Administration Policy..................................304.4.3. National Action Plans...................................................................304.4.4. Guidelines...................................................................................31

4.5. The Institutional Framework..............................................................335. Assessment.............................................................................................33

5.1. General Issues...................................................................................335.1.1. Ratification..................................................................................335.1.2. Incorporation into the Legal System............................................345.1.3. Status within the Hierarchy of Laws............................................345.1.4. Justicibility of UNCRC Provisions..................................................365.1.5. Regional Implementation............................................................37

5.2. Issues in the Current Level of Harmonization....................................375.2.1. Definition of a Child.....................................................................375.2.2. General Principles of Child Rights................................................375.2.3. Civil Rights and Freedoms...........................................................37


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5.2.4. Child Health and Welfare.............................................................385.2.5. Education, Leisure and Cultural Activities...................................385.2.6. Special Protection Measures........................................................38

6. Conclusions and Recommendations........................................................387. 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


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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:

– 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,


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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.

– 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:


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– 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;

– 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


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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 169 th

out of 179 countries with data.8

Country Basic Facts YearPopulation, total (number) 73,918,505 2007Population, male (number/%) 37,296,657/50

.52007

1 OECD, 2006 and AfDB/OECD, African Economic Outlook, 20082 PASDEP, 2005, pp. 149-1503 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. 20065 OECD, 20066 UNICEF, The State of the World’s Children, 20077 Government of Ethiopia-UNICEF: Country Programme Action Plan,

2007-20118 UNDP, 2008 Statistical Update: Ethiopia, Human Development Indices,

18 December 2008Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 PopulationTigray 4,314,456 2007

Afar 1,411,092 2007Amhara 17,214,056 2007Oromia 27,158,471 2007Somali 4,439,147 2007

Benishangul Gumuz 670,847 2007SNNP 15,042,531 2007

Gambella 306,916 2007Harari 183,344 2007

Addis Ababa 2,738,248 2007Surface area (sq. km) (thousands) 1,104Life expectancy at birth, total (years) 55 2008Literacy rate, total 36 2003-

2008Literacy rate, youth female (% of females ages 15-24)

38.5 1995-2005

Prevalence of HIV, total (% of population ages 15-49)

2.1 2007

GDP (current US$) (billions) 17 2007GNI per capita, Atlas method (current US$) 280 2008Foreign 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

9 UNCT report for the Universal Periodic Review of Ethiopia – Sixth Session of the UPR Working Group (30 November-11 December 2009)


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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 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 YearUnder-5 mortality rate, 109 2008Infant mortality rate (under 1), 69 2008Annual no. of under-5 deaths (thousands), 321 2008Primary school net enrolment/ attendance (%), 45 2003–

2008% of infants with low birth-weight, 20 2003–

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.

12 AIDS in Ethiopia, 6th Edition, p. 2713 Ministry of Health, Single Point HIV Prevalence Estimate, June 200714 Ministry of Health, June 200715 DHS, 200516 CSA, 1998Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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2008Single and double orphans (est. 5.5

million)2007

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) 2007Child headed households (est.

77,000)2008

Child labour (5–14 years), total 53 1999–2008

Child labour (5–14 years), male 59 1999–2008

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


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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.

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

17 MoFED, PASDEP: Annual Progress Report, 2006-2007, p. 6318 MoFED, PASDEP: Annual Progress Report, 2006-2007, p. 6519 CSA. ORC Macro: Ethiopia, Demographic and Health Survey (2005),

August 200620 MoFED, PASDEP: Annual Progress Report, 2006-2007, p. 67Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 showing increasing incidences of trafficking in children for sexual purposes, child prostitution and forced prostitution in and outside of the country.28

21 CSA: Welfare Monitoring Survey, 200422 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. 5825 Ministry of Labor and Social Affairs, National Action Plan on Sexual

Abuse and Exploitation of Children (2006 - 2010), December 2005, pp. 9 - 1026 JJPO and Save the Children Sweden: Sexual and Physical Abuse and

Violence against Children and Youth in Addis Ababa. Survey Report(unpublished)

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


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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.

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

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, 200834 SCUK, Legal and Policy Frameworks governing orphans and vulnerable

children in Ethiopia, 2008Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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.

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, 200542 African Child Policy Forum: Reversed roles and stressed Souls,2008Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 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

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.Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 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


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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 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

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 implementationUpdated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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.

– 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


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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);

– 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)


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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.

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:


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– 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;

– 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


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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 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;

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 implementationUpdated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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– 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 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 50 Article 19 of the Convention on the Rights of the ChildUpdated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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.


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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 conflict 52 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

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 200253 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.


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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 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).


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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 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

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.

55 Article 220 and the following of the Revised Family Code56 Article 220 and the following of the Revised Family Code57 Article 193 of the Revised Family CodeUpdated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 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 Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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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 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


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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 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


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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 components for OVC care and support services, provide quality standards for service components of OVC care and support, and describe a monitoring and evaluation framework. The overall goal of the Guidelines is to improve the general wellbeing of OVC by standardizing the implementation of OVC services. More

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


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specifically, the Guidelines are intended to guide key OVC stakeholders, harmonize OVC services, and contribute to an OVC data management system. The Guidelines identify seven core service areas as essential components of programming targeting OVC. These are: shelter and care, economic strengthening, legal protection, health care, psychosocial support, education, and food and nutrition. Each of the dimensions of quality are elaborated in relation to each of these core services as well as issues of coordination and implementation at various levels. The development of the Service Delivery Guidelines involved pre-testing and piloting for quality assurance and universal access through a participatory pilot program implemented from February 2008 to March 2009, and was informed by feedback from community based organizations (CBOs), community members and OVC.59

CRC Provisions Relevant Ethiopian LawsArticle 5: Parental guidance FDRE Constitution Article 34/3

Revised Family Code Article 216Article 9: Separation of children from parents

FDRE Constitution Article 36/1/cRevised Family Code Articles 243-245, 247-249Criminal Code Articles 654, 659, 574,576

Article 10: Entering or leaving a country for family reunification

FDRE Constitution Article 32Immigration Proclamation No. 354/2003, Article 6, 7 and 23

Article 19: Right to protection from all forms of violence

FDRE Constitution Article 36/1/eRevised Family Code Article 258/2Civil Code Articles 267/2, 2039/3Criminal Code Articles 565, 568, 574, 592-594, 596-598, 620, 626, 627 and 659MoLSA, National Action Plan on Children

Article 20: Children Deprived of their family environment

FDRE Constitution Article 36/5Revised Family Code Articles 228, 229, 192, 193, 197 and 198MoWA Guidelines on Alternative Care ProgramsMoWA, OVC Care and Support Service Standards

Article 21: The best interest of the child in adoption

FDRE Constitution Article 36/2Revised Family Code Articles 193/1, 194MoWA Guidelines on Alternative Care ProgramsMoWA, Directives on Inter-country Adoption

Article 25: Right to periodic review of institutional care

MoWA Guidelines on Alternative Care ProgramsMoWA, OVC Care and Support Service Standards

59 Save the Children Federation, Communities in Action: Improving Quality in Service Delivery for Enhanced Wellbeing of Children in Ethiopia, USAID Health Care Improvement Project, 2009


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Article 32: Right to protection from economic exploitation

FDRE Constitution Article 36/1/aLabor Proclamation No. 377/2003, Articles 89-91, 48/2, 170, 184MoLSA, Developmental and Social Welfare Policy

Article 34: Right to protection from sexual abuse and exploitation

Criminal Code Articles 623, 629, 630, 639MoLSA, National Plan of Action on Sexual Abuse and Exploitation of Children

Article 35: Right to protection from abduction, sale or trafficking

Criminal Code Articles 590, 592, 593, 599

Article 36: Right to protection from all forms of exploitation

Criminal Code Article 579

4.5. The Institutional Framework

5. Assessment

5.1. General Issues

5.1.1. Ratification

Ethiopia has signed the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict 60 on 28 Sep 2010. However, the optional protocol has yet to be ratified by the House of Peoples’ Representatives. 61

Ethiopia is not yet a party to other child rights instruments addressing their vulnerability and protection from abuse, exploitation and neglect, including when they are exposed to live without family care and support. The list of non-ratified instruments includes:

The two Optional Protocols to CRC on the Sale of Children, Child Prostitution and Pornography, and on the Involvement of Children in Armed Conflict. Adopted in May 2000 and came into force February 2002.

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United

60 Adopted 25 May 2000 and came into force 12 February 200261 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.


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Nations Convention against Transnational Organized Crime (Palermo Protocol). Adopted in 2000 and came into force in 2003

The Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption. Adopted in May 1993

Since ratifying the UNCRC in 1991, Ethiopia has submitted three reports to the Child Rights Committee. These are:

Initial report, 14th session, January 1997

2nd report, 26th session, 11 January 2001

3rd report, 43rd session, 12 September 2006

The 4 th and 5 th combined report on the implementation of the CRC in Ethiopia is due for submission in December 2011.

5.1.2. Incorporation into the Legal System

The FDRE Constitution incorporates international and regional child rights standards into the Ethiopian legal system in two ways. First, under article 9/4 of the Constitution, all international agreements ratified by Ethiopia automatically become part of the law of the land.

The second mode of incorporation provided for under article 13/2 of the FDRE Constitution is specific to human rights agreements, which are used as standards of interpretation for the human rights provisions of the Constitution.

5.1.3. Status within the Hierarchy of Laws

The hierarchy of laws refers to the relative authority of legislation in cases where two legal provisions are found to be in conflict. Here we are concerned about conflicts between the provisions of the UNCRC/ACRWC and domestic laws.

Three approaches have been suggested in Ethiopian jurisprudence and practice:

The first starts with the provisions of article 9/4 of the FDRE Constitution stipulating the ratification of international agreements as the basis for their incorporation into the laws of the land. Since international agreements, including child rights agreements, are adopted by a simple majority in the HPR, they have the same status as


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Proclamations or primary laws issued by the legislature. Thus, the Constitution prevails over treaty provisions and conflicts with primary laws are to be resolved using established rules of interpretation, i.e. the latter prevaila over the former and the specific prevails over the general. This approach is in line with the general rule for the determination of the hierarchy of laws within a legal system; the mandate of the body issuing the legislation is the determinant factor in establishing hierarchy.62 The downside of this approach is the inherent preference for existing inconsistent legislation over the provisions of the UNCRC/ACRWC owing to the fact that the child rights standards are by definition general while domestic laws are more specific. Moreover, the HPR may issue new laws that are not consistent with already adopted provisions of the UNCRC/ACRWC. In this context, the very idea of harmonization as an essential state obligation arising from the child rights framework becomes obsolete.

Another approach situated on the opposite side of the spectrum argues for the supremacy of child rights standards over all domestic legislation including the provisions of the Constitution. Under international law, i.e. the law of treaties, States may not use domestic laws including constitutions as a defense for failure to comply with their international obligations. Thus, international standards on child rights should be recognized above the Constitution in the hierarchy of laws and supersede them where there is conflict. While ideal from the perspective of harmonization, this approach poses serious challenges for implementation. At the outset, since international agreements are signed by the executive and adopted by the legislature, they may not prevail over the ultimate expression of sovereign authority of the people, i.e. the Constitution. Even the mandate of the executive to sign international agreements and of the legislature to ratify them emanate from the provisions of the Constitution. In effect, the ratification of an international agreement will amount to circumventing the constitutional amendment procedures which are more stringent than those applicable for ratification.63 From a more pragmatic angle, this approach puts the international standards in contrast with the provisions of the Constitution thereby discouraging ratification and direct implementation.

62 The Constitution, which is adopted by a Constitutional Assembly representing the Peoples’ sovereign power, is the supreme law of the land. Next in hierarchy come the proclamations issued by the federal legislature, i.e. the HPR. Regulations issued by the Council of Ministers under legislative mandate delegated by the HPR occupy the next level. Finally, the directives issued by any of the executive bodies appointed by the Executive are the lowest in the hierarchy.

63 Under the FDRE Constitution, ratification requires a special majority in the HPR (except for more stringent procedures involving amendment of some provisions) while ratification of an international agreement requires a simple majority.


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The third approach is based on the more specific reference to human rights agreements under article 13/2 of the Constitution. The fact that international human rights agreements, including the UNCRC/ACRWC, are given the status of standards for the interpretation of the human rights provisions of the FDRE Constitution implies that they are at least in par with the constitutional provisions. This approach makes the international standards part of the Constitution and precludes situations where conflicts may arise between the standards and the child rights provisions of the Constitution. This is apparently the intended result since the Constitution merely glosses over the rights of the child under article 36. The challenge here is where the Constitution explicitly provides for standards falling short of the ones stipulated in the UNCRC/ACRWC. For instance, article 36/1/e of the FDRE Constitution explicitly states that corporal punishment is prohibited in schools and institutions for the care of children but fails to refer to the same violation occurring within the family context. If we are to apply article 13/2 in the literal sense, the specific reference to some contexts wherein corporal punishment occurs does not imply permission in others. However, the legislature has apparently interpreted the constitutional provision as tolerant of the application of mild forms of punishment by parents as is evident from the relevant provisions of the subsequently issued Criminal Code. Article 576/3 of the Code, which criminalizes the maltreatment of a minor, exempts parents and guardians taking ‘a disciplinary measure that does not contravene the law, for the purpose of proper upbringing’.

Each of these arguments has strengths and weaknesses from theoretical and practical perspectives. However, the very conception of harmonization suggests that the obligations undertaken within the international and regional child rights framework prevails over the existing domestic legal system.

In conclusion, international human rights agreements ratified by Ethiopia are considered part and parcel of the human rights chapter of the FDRE Constitution for the purpose of harmonization. One should, however, note that the explicit scope of article 13/2 is inherently limited to the substance of the rights and does not extend to the mechanisms for implementation. 64

64 The assumption here is that the provisions of an agreement may come into conflict with those of the Constitution in terms of the substance of a specific right or measures for its implementation. In terms of substance, the problem arises only where the Constitution imposes limits beyond those permissible under the international human rights framework. A narrower definition or omission of a specific right in the Constitution does not constitute conflict and would simply permit application of the standards incorporated through 13/2. Similarly, constitutional recognition in excess of the international provisions reflects the role of international human rights norms as minimum standards. Conflicting obligations arising from the Constitution and human rights agreements could also be a problem, especially in federal


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Thus, persisting gaps in constitutional alignment would constitute a critical challenge to harmonization of child rights unless addressed through appropriate constitutional interpretation or amendment processes.

5.1.4. Justicibility of UNCRC Provisions

The issue of justicibility refers to whether or not international agreements could be invoked by domestic courts or applied by national authorities without the need for an enabling legislation. The FDRE Constitution has made international agreements part of Ethiopian laws upon ratification. This would suggest that their provisions are justiciable without the need for an enabling legislation as soon as the agreements are ratified by the HPR. The domestic jurisprudence, including statements of judicial policy stated by the Federal Supreme Court, is in line with this understanding. However, some important challenges arise in implementation mainly due to the legislative practice of publishing the fact or ratification rather than the text of the ratified agreement in the official legal gazette:

Courts in Ethiopia are required by law to take as law only those letters that appear in the official law gazette 65 . This had in the past pushed the very applicability of international agreements in judicial proceedings to the forefront of serious debate.

Moreover, not being published in the official legal gazette deducts from the status of international human rights instruments, especially where in conflict with existing legal provisions or inconsistent practices are entrenched.

Availability and accessibility issues arise since the texts are not published and distributed as part of the legal documents

There are no official translations of the texts of international human rights instruments in the official/working languages of the federal and regional courts

Typically, the provisions of international instruments are not always self-executing, i.e. they require more detailed domestic legislation to identify mandates, structures, procedures and remedies.

In practice, there is some evidence of judicial recognition of international child rights standards as legislative provisions. Yet, one could not in good conscience argue that it is the rule.

arrangements where the relevant mandate resides with regional states. 65 1995, Proclamation No. 3/Article 2(3)Updated October, 2011Ghetnet Metiku WoldegiorgisSocio-Legal ResearcherE-mail: [email protected]

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5.1.5. Regional Implementation

5.2. Issues in the Current Level of Harmonization

5.2.1. Definition of a Child

5.2.2. General Principles of Child Rights

5.2.3. Civil Rights and Freedoms

5.2.4. Child Health and Welfare

5.2.5. Education, Leisure and Cultural Activities

5.2.6. Special Protection Measures

6. Conclusions and Recommendations


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7. References

1. ACPF and UNICEF, Children in Prisons and Detentions Centers in Ethiopia: the Way Forward, 2007

2. Australian Government, Adoptions Australia 2008–09, Annual Report, Attorney General’s Department, 5 February 2010

3. Central Statistical Agency, Child welfare survey, 2005

4. Central Statistical Agency, Ethiopian Demographic and Health Survey, September 2006

5. Chamber of Rights Consultancy Final Report of the External Evaluation of the Activities of the Child Justice Project Office of the Federal Supreme Court of Ethiopia (1999 and 2009)

6. Emebet Getachew, An Assessment of Inter-Country Adoption in Ethiopia: In the Case of Children’s Home Society and Family Services, Addis Ababa University, July 2008

7. FDRE- HAPCO, Report of Progress towards the Implementation of the UN Declaration of Commitment on HIV/AIDS, March 2008

8. Federal Supreme Court, Ethiopian Law and the Convention on the Rights of the Child, Juvenile Justice Project Office and Save the Children Sweden,

9. Hope of Africa Children Initiative (HACI) Ethiopia, OVC Services and Institutional Assessment in Addis Ababa and its Surroundings, January 2006

10.Justice Development Consultants, Review and Analysis of Domestic Child Laws vis-à-vis International Conventions, Guidelines, Covenants and Procedures, Ministry of Women’s Affairs, April 2009

11.MoH, Single Point HIV Prevalence Estimate, June 2007

12.MOJ and UNICEF. Assessment of Justice Sector Responses pertaining to GBV and Violence against Children, February 2010

13.MOLSA, Italian Cooperation and UNICEF, Survey on the Prevalence and Characteristics of AIDS Orphans in Ethiopia, 2003


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14.MoWA, CIFF FHI, and UNICEF, Improving Care Options for Children in Ethiopia through Understanding Institutional Childcare and Factors Driving Institutionalization, April 2008

15.MoWA, MoFA, MoJ and AACA Social Affairs Bureau, Evaluation of Adoption Service Providers in Addis Ababa, September 2008 (Amharic)

16.PEPFAR, Draft Standards of Services for Orphans and Vulnerable Children in Ethiopia, Quality OVC PEPFAR Programming July 31, 2007

17.PEPFAR, FY 2008 Country Profile: Ethiopia

18.Population Census Commission, Summary and Statistical Report of the 2007 Housing and Populations Census, Population Size by Age and Sex, December 2008

19.Save the Children Federation, Communities in Action: Improving Quality in Service Delivery for Enhanced Wellbeing of Children in Ethiopia, USAID Health Care Improvement Project, 2009

20.Save the Children UK, Summary of Legal and Policy Frameworks governing orphans and vulnerable children in Ethiopia, 2009

21.Semhal Getachew, Inter-Country Adoption under the Revised Family Code, May 2003

22.Tilahun Teshome and Getnet Alemu, Good Governance and Budget Tracking from Child Rights Perspective, 2006

23.UNDP, 2008 Statistical Update: Ethiopia, Human Development Indices, 18 December 2008

24.US Department of State, Intercountry Adoption: Ethiopia, Office of Children’s Issues, November 2009

Ethiopian Laws and Policies

1. MoJ, Criminal Justice Administration Policy, March 2010

2. MoLSA, Development and Social Welfare Policy, 1996

3. MoLSA, National Action Plan on Sexual Abuse and Exploitation of Children (2006-2010), 2005

4. MoLSA, National Plan of Action for Children (2003–2010), June 2004

5. MoWA, Directive for the Provision of Inter-country Adoption Services, May 2008


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6. MoWA and HAPCO, Standard Service Delivery Guidelines for Orphans and Vulnerable Children Care and Support Programs, Addis Ababa, February 2010

7. MoWA, Guidelines for Alternative Child-Care, 2009

8. Proc. No. 283/2002, Proclamation to Ratify the ACRWC

9. Proclamation No 213/2000, The Revised Family Code of the Federal Democratic Republic of Ethiopia, 2000

10.Proclamation No. 1/1995, Constitution of the Federal Democratic Republic of Ethiopia

11.Proclamation No. 10/1992, Proclamation to Ratify the UNCRC

12.Proclamation No. 414/2004, The Criminal Code of the Federal Democratic Republic of Ethiopia

International Instruments

1. African Charter on the Rights and Welfare of the Child

2. International Labour Organization, Convention 138, Minimum Age Convention (1973)

3. International Labour Organization, Convention 182, The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, (1999)

4. Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict (2000)

5. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

6. United Nations Convention on the Rights of the Child (1989)

7. United Nations International Convention against Transnational Organized Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) (2000)


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