Empowering the nation, disempowering women: the case of Kitcha customary law in Ethiopia

• Published in: Agenda (Durban) Vol. 82; pp. 94 - 99
• Main Author: Hussen, Tigist Shewarega
• Format: Journal Article
• Language: English
• Published: 01-01-2009
• Subjects: Customary law; Discrimination; Ethiopia; Gurage; Legal protection; Patriarchy; Sex equality; Traditional culture; Women's promotion
• ISSN: 1013-0950

In exploring popular mechanisms and institutions, Ethiopia reveals many complexities that are very convincingly 'pre-colonial'. Since 1995, the Ethiopian Constitution has given due recognition to the traditional or cultural ways of resolving conflicts as practised in all ethnic groups. It is believed that the formal (constitutional) and informal (customary) justice systems can work in parallel and in co-operation. However, many argue that customary law is discriminatory and undermines the constitutional commitment to gender equality as expressed in the Constitution. This Briefing questions the acknowledgment of 'customary law' in Ethiopia, and highlights its implication by looking at the experience of women in the remote, rural Sebart Bet Gurage. It will be shown how the Gurage ethnic group uses conservative and patriarchal customary mediation practices to resolve marital conflicts and deny women equal human rights. The Briefing also emphasises the need to problematise women's consent in patriarchal societies that undermine their agency. Reprinted by permission of Agenda