Ethiopian Legal Brief

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Ratification Proclamation No. 1082-2017

PROCLAMATION NO.1082/2018
PROCLAMATION TO RATIFY THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND
PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA


WHERE AS, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa was adopted in Maputo, Mozambique on 11 July 2003;


WHERE AS, the Federal Democratic Republic of Ethiopia signed the Protocol on 1st June 2004;


WHERE AS, the House of Peoples’ Representatives of the Federal Democratic Republic of Ethiopia has ratified the said Agreement at its session held on 10th day of January 2017;


NOW, THEREFORE, in accordance with Article 55 (1) and (12) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows.


1 .Short Title
This Proclamation may be cited as the “Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Ratification Proclamation No. 1082/2017£

 2 .Ratification of the Protocol
The Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa signed by the
Federal Government Democratic Republic of Ethiopia on
1st June 2004 is hereby ratified upon entering the reservations
and declaration provided under Article 3 of this Proclamation.
3 .Reservations and Declarations on the Protocol
1/ The Federal Democratic Republic of Ethiopia entered reservations on the following provisions of the Protocol:
a) The Federal Democratic Republic of Ethiopia does not consider itself to be bound by Article 6(c) of the Protocol;
b) The Federal Democratic Republic of Ethiopia does not consider itself to be bound by marriage registration as legally recognized by Article 6(d) of the Protocol;
c) The Federal Democratic Republic of Ethiopia does not consider itself to be bound by Article 6(f) of the Protocol;
d) The Federal Democratic Republic of Ethiopia enters a reservation on article 7 (a) of the Protocol that requires separation of spouses to be decided by judicial organs. The laws of Ethiopia that permit spouses to separate by agreement shall apply;
e) The Federal Democratic Republic of Ethiopia does not consider itself to be bound by Article 10(3) of the Protocol;
f) The Federal Democratic Republic of Ethiopia enters a reservation on article 21(l) of the Protocol regarding the right of a widow to inherit her deceased spouse. The law of the country according to which spouses inherit
each other if he/she is designated as a legatee by a will shall apply;
g) The Federal Democratic Republic of Ethiopia does not consider itself bound by Article 27 of the Protocol.
2/ The Federal Democratic Republic of Ethiopia entered declarations on the following provisions of
the Protocol:
a) Article 4 (2) (a) shall be applicable in accordance with Article 620 of the Criminal Code of Ethiopia that defines rape to be a forced sexual intercourse that occurs out of wedlock

b) Article 6(b) of the Protocol shall apply in accordance with the law of Ethiopia that allows dispensation from the minimum age of marriage that is 18 years;
c) Article 6(j) of the Protocol shall apply in accordance with the law of Ethiopia
according to which income acquired during marriage is a common property of the spouses and it is managed and disposed by their common decision;
d) Article 7(d) of the Protocol that provides for the right of women to acquire equitable share from the common property in the marriage shall apply in line with the laws of Ethiopia that provide for equal share of spouses on the common property;
e) Article 13 ( j) of the Protocol regarding the secondary responsibility of the private sector
to contribute to the upbringing and development of children shall apply in accordance with the domestic law;
f) Article 14(b) of the Protocol shall apply in accordance with the agreement of spouses whether to have birth or not the right of women within the wedlock.
4. Implementing Organ
The Ministry of Women and Children Affairs of the Federal Democratic Republic of Ethiopia is given the responsibility to cooperate with other relevant organs to implement and follow-up the Protocol.
5.Effective Date
This Proclamation shall come into force upon its publication in the Federal Negarit Gazette.


Done at Addis Ababa on the 30th day of March, 2018


MULATU TESHOME (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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