Accommodation of Diversity and Rights of Women In Ethiopian Federalism: the Case of Guraghe Zone, Snnpr
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Date
2018-04
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Addis Ababa University
Abstract
Absence of women‟s participation/voice in customary local institutions, limited
empowerment of women, shallow understanding of autonomy and
multiculturalism, and legislative gaps are factors that hinder the protection of
rights of women in the family arena within ethno-cultural communities in
Guraghe Zone of the SNNPR. This research by examining institutional system for
the protection of collective rights and rights of women showed the opportunities
and challenges of resolution of conflict of culture and rights at local level. In doing
this, the thesis filled the gaps seen in the literature regarding process of
transformation of customary local institutions and its limitation as a mechanism
of resolution of conflict of culture and rights in the family arena in Ethiopian
federalism. The limited emphasis given to rights of women to participate in
customary local institutions is the main factor that undermines enforcement of
rights of women in the family arena both in the state and non-state institutions.
In patriarchal society, such as Ethiopia, women were/are voiceless in the
(re)construction of culture, such as customary laws. This is one of the challenges
in the process of elimination of discrimination and harmful customary practices
against women within ethno-cultural community as well as in the enforcement of
right of exit.
Making multicultural feminist standpoint and human rights norms the theoretical
and methodological framework for this research; the researcher explored the
institutional systems for the promotion and protection of rights of women at local
level. These theories have the purpose of resolving conflict of culture and rights,
i.e., conflict between collective and individual right, by making all, who are
concerned and involved, to have voice in the resolution of those conflicts.
Document analysis, interviews, focus group discussion and observation are the
methods used to collect qualitative data. Interpretional and reflective method of
data analysis has been used to analyze empirical data.
The findings of the research indicate that local government institutions,
particularly local councils, refrain from dealing with transformation of customary
laws. Community-based CSO in collaboration with their communities‟ customary
local institutions are the main actors in the transformation/ (re)making of
customary laws. Women member of ethno-cultural community hardly
participated in the process of transformation of customary laws. In the
transformed customary law documents discriminatory and harmful practices
against women are not exhaustively prohibited, and in some instances,
selectively prohibited, which indicates limited sensitivity of male-dominated
institutions to wards rights of women.
In addition, customary local institutions do not respect limits set on collective
autonomy in transforming customary laws as well as applying these laws in the
family arena. This goes to the extent of denying right of exit from customary
institution while entering to marriage and during divorce, which is partly,
supported by detailed law on right of exit in the Family Code of SNNPR and some
local government institutions. Absence of clearly known state law regarding
division of matrimonial property in bi/polygamous marriage also makes women
to relinquish their rights of exit. Though entering into bi/polygamous marriage
has been made criminal act, formal courts at local level are not sentencing
perpetrators in this case based on the Criminal Code of the state due to the
need/significance of protecting the best interest of the child or children, and
coincidence of ethnicity and religion among some ethno-cultural community