Members of the security forces reportedly committed killings.

On August 8, security forces in Addis Ababa detained more than one thousand Muslims participating in Eid al-Fitr celebrations. Authorities released most of the detainees shortly thereafter, but there were credible allegations some of the detainees died while in detention.

There continued to be reports of abuses, including killings, by the Somali Region Special Police.

Scattered fighting continued between government forces – primarily regional government-backed militias – and elements of the ONLF. Clashes between ethnic groups resulted in injury and death.

b. Disappearance

There were several reported cases of disappearances of civilians after clashes between security forces and rebel groups.

Security forces detained at least 12 residents of Alamata town in the northern Tigray Region in January following protests against government plans to demolish illegal housing units. The whereabouts of the detainees remained unknown at year’s end.

 

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices; however, there were reports security officials tortured and otherwise abused detainees.

Authorities reportedly tortured Solomon Kebede, a columnist with Muslim Affairs magazine (see section 2.a.).

Sources widely believed police investigators often used physical abuse to extract confessions in Maekelawi, the central police investigation headquarters in Addis Ababa. Human Rights Watch reported abuses, including torture, occurred at Maekelawi. In an October report the NGO described beatings, stress positions, the hanging of detainees by their wrists from the ceiling, prolonged handcuffing, the pouring of water over detainees, verbal threats, and solitary confinement at the facility. Authorities continued to restrict access by diplomats and NGOs to Maekelawi.

In 2010 the UN Committee Against Torture reported it was “deeply concerned” about “numerous, ongoing, and consistent allegations” concerning “the routine use of torture” by police, prison officers, and other members of the security forces – including the military – against political dissidents and opposition party members, students, alleged terrorists, and alleged supporters of violent separatist groups like the ONLF and the Oromo Liberation Front (OLF). The committee reported that such acts frequently occurred with the participation of, at the instigation of, or with the consent of commanding officers in police stations, detention centers, federal prisons, military bases, and unofficial or secret places of detention. Some reports of such abuses continued during the year.

Prison and pretrial detention center conditions remained harsh and, in some cases, life threatening. There were numerous reports that authorities beat prisoners. Medical attention following beatings reportedly was insufficient in some cases.

Physical Conditions: As of September 2012 there were 70,000-80,000 persons in prison, of whom approximately 2,500 were women and nearly 600 were children incarcerated with their mothers. Authorities sometimes incarcerated juveniles with adults and sometimes incarcerated small children with their mothers. Male and female prisoners generally were separated.

Severe overcrowding was common, especially in prison sleeping quarters. The government provided approximately eight birr ($0.42) per prisoner per day for food, water, and health care. Many prisoners supplemented this amount with daily food deliveries from family members or by purchasing food from local vendors, although there were unspecified reports officials prevented some prisoners from receiving supplemental food from their families. Medical care was unreliable in federal prisons and almost nonexistent in regional prisons. Prisoners had limited access to potable water, as did many in the country. Also water shortages caused unhygienic conditions, and most prisons lacked appropriate sanitary facilities. Many prisoners had serious health problems in detention but received little treatment. Information released by the Ministry of Health in 2012 reportedly stated that nearly 62 percent of inmates in various jails across the country suffered from mental health problems as a result of solitary confinement, overcrowding, and lack of adequate health care facilities and services.

The country had six federal and 120 regional prisons. The Ethiopian NGO Justice For All-Prison Fellowship Ethiopia (JFA-PFE) ran model prisons in Adama and Mekele, with significantly better conditions than those found in other prisons. There also were many unofficial detention centers throughout the country, including in Dedessa, Bir Sheleko, Tolay, Hormat, Blate, Tatek, Jijiga, Holeta, and Senkele. Most were located at military camps.

Pretrial detention often occurred in police station detention facilities, where the conditions varied widely. Reports regarding pretrial detention in police stations indicated poor hygiene and police abuse of detainees.

Administration: It was difficult to determine if recordkeeping was adequate due to the lack of transparency regarding incarceration. Authorities did not employ alternative sentencing for nonviolent offenders. Prisons did not have ombudspersons to respond to complaints. Legal aid clinics existed in some prisons for the benefit of prisoners. Authorities allowed the submission by detainees of complaints to judicial authorities without censorship. Courts sometimes declined to hear such complaints. The Ethiopian Human Rights Commission (EHRC) and the Federal Police Commission sometimes investigated allegations of abuse, although there were reports that detainees’ discussions with them were not done in private, which could limit their ability to speak freely.

Authorities generally permitted prisoners to have visitors, although some police stations did not allow pretrial detainees access to visitors (including family members and legal counsel). In some cases authorities restricted family visits to prisoners to a few per year. Family members of prisoners charged with terrorist activity alleged instances of blocked access to the prisoners. There were also reports authorities denied those charged with terrorist activity visits with their lawyers, or with representatives of the political parties to which they belonged. In June prison authorities temporarily granted full visitation privileges to imprisoned journalist/blogger Eskinder Nega; previously, Eskinder was been permitted visits by a select group of individuals. Prison officials limited the number of individuals permitted to visit journalist Reyot Alemu.

Prisoners generally were permitted religious observance, but this varied by prison, and even by section within a prison, at the discretion of prison management. There were some allegations that while in custody authorities denied detainees adequate locations in which to pray. Prisoners were permitted to voice complaints about prison conditions or treatment to the presiding judge during their trials.

Independent Monitoring: During the year the International Committee of the Red Cross visited regional prisons throughout the country.

Regional authorities allowed government and NGO representatives to meet regularly with prisoners without third parties present. The government-established EHRC, which is funded by parliament and subject to parliamentary review, monitored federal and regional detention centers and interviewed prison officials and prisoners in response to allegations of widespread human rights abuses. The JFA-PFE was granted access to various prison and detention facilities.

Improvements: The government and prison authorities generally cooperated with efforts of the JFA-PFE to improve prison conditions. Reports indicated prison conditions, including the treatment of prisoners, improved upon the completion of a local legal aid clinic, although specific data was not available.

Although the constitution and law prohibit arbitrary arrest and detention, the government often ignored these provisions. There were multiple reports of arbitrary arrest and detention by police and security forces throughout the country.

Civilians, international NGOs, and other aid organizations operating in the Somali Region reported government security forces, local militias, and the ONLF committed abuses such as arbitrary arrest.

The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to political influence. The constitution recognizes both religious and traditional or customary courts.

The law requires authorities to obtain judicial warrants to search private property; police often ignored the law, and there were no records of courts excluding evidence found without warrants.

There were periodic reports throughout the year police carried out nighttime raids of Muslims’ homes in Addis Ababa to collect evidence against persons they alleged to be terrorists. The government claimed the police had warrants.

Opposition political party leaders reported suspicions of telephone tapping and other electronic eavesdropping, and alleged government agents attempted to lure them into illegal acts by calling and pretending to be representatives of groups – designated by the country’s parliament as terrorist organizations – interested in making financial donations.

The government reportedly used a widespread system of paid informants to report on the activities of particular individuals. During the year opposition members reported ruling party operatives and militia members made intimidating and unwelcome visits to their homes and offices.

Security forces continued to detain family members of persons sought for questioning by the government. There were reports unemployed youths who were not affiliated with the ruling coalition sometimes had trouble receiving the “support letters” from their kebeles (neighborhoods or wards) necessary to get jobs.

The national government and regional governments continued to put in place “villagization” plans in the Afar, Benishangul-Gumuz, Gambella, SNNPR, and Somali regions. These plans involved the relocation by regional governments of scattered rural populations from arid or semiarid lands vulnerable to recurring droughts into designated clusters. The stated purposes of villagization were to improve the provision of government services (i.e., health care, education, and clean water), protect vulnerable communities from natural disasters and attacks, and change environmentally destructive patterns of shifting cultivation. Some observers stated the purpose was to enable the large-scale leasing of land for commercial agriculture. The government described the villagization program as strictly voluntary.

International donors reported that assessments from more than 16 visits to villagization sites since 2011 did not corroborate allegations of systematic human rights violations in this program. They did find problems such as delays in establishing promised infrastructure from rushed program implementation. Communities and individual families appeared to have agreed to move based on assurances from authorities of food aid, services, and land, although in some instances communities moved before adequate basic services and shelter were in place in the new locations. International human rights organizations, however, continued to express concern regarding the villagization process. A report by the Oakland Institute in February stated that the military forcibly relocated communities and committed human rights violations in the Omo Valley. A report by the Oakland Institute in July asserted that, during a January 2012 assessment in the Lower Omo Valley, donor representatives heard testimony from community members regarding human rights violations.

The constitution and law provide for freedom of speech and press; however, authorities arrested, detained, and prosecuted journalists and other persons whom they perceived as critical of the government.

Freedom of Speech: Authorities arrested and harassed persons for criticizing the government. The government attempted to impede criticism through various forms of intimidation, including detention of journalists and opposition activists and monitoring and interference in the activities of political opposition groups. Some persons feared authorities would retaliate against them for discussing security force abuses.

Press Freedoms: The government continued to take actions to close independent newspapers. Regulators revoked the operating licenses of Addis Times magazine and Li-Elina newspaper in February and March, respectively, after independent editor Temesgen Dessalegn acquired them. The remaining 14 newspapers had a combined weekly circulation in Addis Ababa of more than 140,000. Most newspapers were printed on a weekly or biweekly basis, with the exception of the state-owned Amharic and English dailies.

The government controlled the only television station that broadcast nationally, which, along with radio, was the primary source of news for much of the population. Four private FM radio stations broadcast in the capital city, one private radio station broadcast in the northern Tigray Region, and at least 16 community radio stations broadcast in the regions. State-run Ethiopian Radio had the largest reach in the country, followed by Fana Radio, which was affiliated with the ruling party.

Government-controlled media closely reflected the views of the government and the ruling EPRDF. The government periodically jammed foreign broadcasts. The law prohibits political and religious organizations and foreigners from owning broadcast stations.

Violence and Harassment: The government continued to arrest, harass, and prosecute journalists. This included the prosecution of three persons associated with the defunct Muslim Affairs magazine under the antiterrorism proclamation.

On January 17, authorities arrested Solomon Kebede, columnist and managing editor of Muslim Affairs. They charged him along with 27 other Muslims in April under the antiterrorism proclamation.

The case against Temesgen Dessalegn, editor in chief of the defunct Feteh newspaper, continued. Charges against him included inciting and agitating the country’s youth to engage in violence, defamation of the government, and destabilizing the public by spreading false reports. Mastewal Berhanu, former publisher and managing director of Feteh, reportedly left the country due to government harassment.

Censorship or Content Restrictions: Government harassment caused journalists to avoid reporting on sensitive topics. Many private newspapers reported informal editorial control by the government through article placement requests and calls from government officials concerning articles perceived as critical of the government. Private sector and government journalists routinely practiced self-censorship.

Libel Laws/National Security: The government used the antiterrorism proclamation to suppress criticism. Journalists feared covering five groups designated by parliament in 2011 as terrorist organizations (Ginbot 7, the ONLF, the OLF, al-Qaida, and al-Shabaab), citing ambiguity on whether reporting on these groups might be punishable under the law. Several journalists, both local and foreign correspondents, reported an increase in self-censorship.

The government used libel laws during the year to suppress criticism.

On May 15, police in Addis Ababa questioned Ferew Abebe, editor in chief of the Sendek newspaper, about 2012 articles that alleged the widow of former prime minister Meles Zenawi refused to vacate the prime minister’s official residence after the death of her husband. Police requested that Ferew reveal his sources to them and would not disclose who initiated the libel claim against Ferew. Ferew posted bail and was released; authorities did not file formal charges by year’s end.

See the Department of State’s International Religious Freedom Report at www.state.gov/j/drl/irf/rpt/.

Although the law provides for freedom of internal movement, foreign travel, emigration, and repatriation, the government restricted some of these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern; however, at times authorities, armed groups and the situation of insecurity limited the ability of humanitarian organizations to operate.

According to the UN, humanitarian organizations reported 36 incidents that impeded humanitarian work in the first six months of the year compared with 34 during the same period in 2012; 32 of these cases were in the Somali Region. The incidents included violence and hostility against humanitarian personnel, theft of assets, interference with the implementation of humanitarian programs, and restrictions on importation of personnel and goods into the country for humanitarian work. This data referred broadly to humanitarian work and were not limited to activities focusing on IDPs or refugees.

Although the Somali regional government granted several organizations access to Nogob (formerly Fik) to start humanitarian operations, access to areas in the Somali Region remained challenging due to continuing clashes between government forces and the ONLF, as well as reports of al-Shabaab elements operating in and around Somali refugee camps in Dolo Ado. Cases were noted in which NGOs were denied access to areas of operation despite agreements with regional officials. In numerous cases NGOs deferred travel to program activity sites due to insecurity. On June 13, suspected ONLF gunmen fired on a mobile health and nutrition team supported by the UN Children’s Fund in Korahe zone and seriously injured one person.

In-country Movement: The government continued to relax but did not completely remove restrictions on the movement of persons into and within the Somali Region, continuing to argue the ONLF posed a security threat (see section 2.d., Internally Displaced Persons). Security concerns forced a temporary halt of deliveries of food and medicine in the limited areas affected by fighting.

The government continued a policy that allowed refugees to live outside of a camp. According to the Administration for Returnees and Refugee Affairs (ARRA), which managed the out-of-camp program, 3,412 refugees lived outside of the camps in 2012, compared with 1,294 in 2011. Prior to this policy the government gave such permission primarily to attend higher education institutions, undergo medical treatment, or avoid security threats at the camps.

Foreign Travel: On October 23, the government enacted a temporary ban on citizens travelling to the Middle East for employment. The ban did not affect citizens travelling for investment or business reasons. The government stated it issued the ban to prevent harassment, intimidation, and trauma suffered by those working abroad as domestic employees.

Exile: Several citizens sought political asylum in other countries or remained abroad in self-imposed exile.

Recent Elections: In August 2012, following the death of Prime Minister Meles Zenawi, the ruling EPRDF elected Hailemariam Desalegn to take Meles’s place as chairman of the party and subsequently nominated him for the post of prime minister. In September 2012 parliament elected Hailemariam as prime minister.

In the 2010 national parliamentary elections, the EPRDF and affiliated parties won 545 of 547 seats to remain in power for a fourth consecutive five-year term. Government restrictions severely limited independent observation of the vote. Although the relatively few international officials allowed to observe the elections concluded technical aspects of the vote were handled competently, some also noted the lack of an environment conducive to free and fair elections prior to election day. Several laws, regulations, and procedures implemented since the 2005 national elections created a clear advantage for the EPRDF throughout the electoral process. There was ample evidence that unfair government tactics, including intimidation of opposition candidates and supporters, influenced the extent of the EPRDF victory. In addition, voter education was limited to information about technical voting procedures and was done only by the National Electoral Board just days before voting began.

The African Union, whose observers arrived one week before the vote, deemed the elections to be free and fair. The EU, some of whose observers arrived a few months before the vote, concluded the elections fell short of international standards for transparency and failed to provide a level playing field for opposition parties. The EU observed a “climate of apprehension and insecurity,” noting that the volume and consistency of complaints of harassment and intimidation by opposition parties was “a matter of concern” and had to be taken into consideration “in the overall assessment of the electoral process.”

The EPRDF’s continued dominance was demonstrated in nationwide elections to local and city council positions held in April. EPRDF-affiliated parties won all but five of 3.6 million seats; 33 opposition parties boycotted the elections.

Political Parties: Political parties were predominantly ethnically based. The government, controlled by the ruling EPRDF, restricted media freedom and arrested opposition members. Constituent parties of the EPRDF conferred advantages upon their members; the parties directly owned many businesses and were broadly perceived to award jobs and business contracts to loyal supporters. Several opposition political parties reported difficulty in renting homes or buildings in which to open offices, citing visits by EPRDF members to the landlords to persuade or threaten them not to rent property to these parties.

There were reports authorities had terminated the employment of teachers and other government workers if they belonged to opposition political parties. According to Oromo opposition groups, the Oromia regional government continued to threaten to dismiss opposition party members, particularly teachers, from their jobs. Government officials alleged that many members of legitimate Oromo opposition political parties were secretly OLF members and more broadly that members of many opposition parties had ties to Ginbot 7. At the university level members of Medrek and its constituent parties were able to teach.

Registered political parties must receive permission from regional governments to open and occupy local offices.

Participation of Women and Minorities: No laws or cultural or traditional practices prevented women or minorities from voting or participating in political life on the same basis as men or nonminority citizens, although women were significantly underrepresented in both elected and appointed positions. The Tigray Regional Council held the highest proportion of women nationwide, at 48.5 percent.

The government’s policy of ethnic federalism led to the creation of individual constituencies to provide for representation of all major ethnic groups in the House of People’s Representatives. There were more than 80 ethnic groups, and small groups lacked representation in the legislature. There were 24 nationality groups in six regional states (Tigray, Amhara, Beneshangul-Gumuz, the SNNPR, Gambella, and Harar) that did not have a sufficient population to qualify for constituency seats based on the 2007 census; however, in the 2010 elections, individuals from these nationality groups competed for 24 special seats in the House of People’s Representatives. Additionally these 24 nationality groups have one seat each in the House of Federation.

Women held three federal government ministerial positions and 152 of 547 seats in the national parliament.

Rape and Domestic Violence: The law criminalizes rape and provides for penalties of five to 20 years’ imprisonment, depending on the severity of the case; the law does not expressly address spousal rape. The government did not fully enforce the law, partially due to widespread underreporting. Recent statistics on the number of abusers prosecuted, convicted, or punished were not available. Anecdotal evidence suggested reporting of rapes had increased since the 2004 revision of the criminal code but the justice system was unable to keep up with the number of cases.

Domestic violence, including spousal abuse, was a pervasive social problem.

Although women had recourse to the police and the courts, societal norms and limited infrastructure prevented many women from seeking legal redress, particularly in rural areas. The government prosecuted offenders on a limited scale. Domestic violence is illegal, but government enforcement of laws against rape and domestic violence was inconsistent. Depending on the severity of damage inflicted, legal penalties range from small fines to imprisonment for up to 10 to 15 years.

Domestic violence and rape cases often were delayed significantly and given low priority. In the context of gender-based violence, significant gender gaps in the justice system remained, due to poor documentation and inadequate investigation. “Child friendly” benches hear cases involving violence against children and women. Police officers were required to receive domestic violence training from domestic NGOs and the Ministry of Women, Children, and Youth Affairs. There was a commissioner for women and children’s affairs in the EHRC.

Women and girls experienced gender-based violence, but it was underreported due to cultural acceptance, shame, fear, or a victim’s ignorance of legal protections.

Harmful Traditional Practices: The most prevalent harmful traditional practices were FGM/C, uvula cutting, tonsil scraping and milk tooth extraction, early marriage, and marriage by abduction.

Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. A 2009 Population Council study of seven regions found that 2.6 percent of married female youth reported their marriage occurred through abduction. The study found the rate to be 12.9 percent in the SNNPR, 4.4 percent in Oromia, 3 percent in Afar, and less than 1percent in Beneshangul Gumuz. The study did not include the Gambella or Somali regions. Forced sexual relationships accompanied most marriages by abduction, and women often experienced physical abuse during the abduction. Abductions led to conflicts among families, communities, and ethnic groups. In cases of marriage by abduction, the perpetrator did not face punishment if the victim agreed to marry the perpetrator.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but the government did not actively enforce this prohibition or punish those who practiced it.

Sexual Harassment: Sexual harassment was widespread. The penal code prescribes penalties of 18 to 24 months’ imprisonment, but authorities generally did not enforce harassment laws.

Reproductive Rights: Individuals and couples have the right to decide freely and responsibly the number, spacing, and timing of children and to have the information and means to do so free from discrimination, coercion, and violence. The 2011 Demographic and Health Survey (DHS) indicated a modern contraceptive prevalence of 27 percent nationwide among married women, a twofold increase from the survey done six years earlier. The survey found 25.3 percent of married girls and women ages 15 to 49 had unmet family planning needs. The 2011 DHS indicated the maternal mortality rate was 676 deaths per 100,000 live births as compared with 673 per 100,000 reported in the 2005 DHS. The immediate causes of maternal mortality included excessive bleeding, infection, hypertensive complications, and obstructed labor, with the underlying cause being the prevalence of home births and lack of access to emergency obstetric care. Only 9 percent of women reported delivering in a health facility or with a skilled birth attendant.

Discrimination: Discrimination against women was a problem and was most acute in rural areas, where an estimated 85 percent of the population lived. The law contains discriminatory regulations, such as the recognition of the husband as the legal head of the family and the sole guardian of children more than five years old. Courts generally did not consider domestic violence by itself a justification for granting a divorce. Irrespective of the number of years the marriage existed, the number of children raised, and joint property, the law entitled women to only three months’ financial support if a relationship ended. There was limited legal recognition of common-law marriage. A common-law husband had no obligation to provide financial assistance to his family, and as a result, women and children sometimes faced abandonment. Traditional courts continued to apply customary law in economic and social relationships.

According to the constitution all land belongs to the government. Both men and women have land-use rights, which they may pass on as an inheritance. Land law varies among regions. All federal and regional land laws empower women to access government land. Inheritance laws also enable widowed women to inherit joint property they acquired during marriage.

In urban areas women had fewer employment opportunities than men, and the jobs available did not provide equal pay for equal work. Women’s access to gainful employment, credit, and the opportunity to own or manage a business was further limited by their generally lower level of education and training and by traditional attitudes.

The Ministry of Education reported female participation in undergraduate and postgraduate programs increased to 144,286 during the 2011-12 academic year, compared with 123,706 in 2010-11, continuing the trend of increasing female participation in higher education.

Birth registration: Citizenship is derived from one’s parents. The law requires all children to be registered at birth. Children born in hospitals were registered while most children born outside of hospitals were not. The overwhelming majority of children, particularly in rural areas, were born at home.

Education: As a policy, primary education was universal and tuition-free; however, there were not enough schools to accommodate the country’s youth, particularly in rural areas. The cost of school supplies was prohibitive for many families, and there was no legislation to enforce compulsory primary education. The number of students enrolled in schools expanded faster than trained teachers could be deployed.

Child Abuse: Child abuse was widespread. A 2009 study conducted by the African Child Policy Forum revealed prosecuting offenders for sexual violence against children was difficult due to inconsistent interpretation of laws among legal bodies and the offender’s right to bail, which often resulted in the offender fleeing or coercing the victim or the victim’s family to drop the charges. “Child friendly” benches heard cases involving violence against children and women. During the year the Federal Court of First Instance announced that tribunals hearing cases relating to families and children would keep extended hours to accommodate children’s school schedules. There was a commissioner for women and children’s affairs in the EHRC.

Forced or Early Marriage: The law sets the legal marriage age for girls and boys at 18; however, authorities did not enforce this law uniformly, and rural families sometimes were unaware of this provision. In several regions it was customary for older men to marry young girls, although this traditional practice continued to face greater scrutiny and criticism.

According to the 2011 DHS, the median age of first marriage among women surveyed between the ages of 20 and 49 was 17.1 years. The age of first marriage appeared to be rising. In 2005 the median age of marriage for women surveyed between 20 and 24 was 16.5 years, and while 39 percent of women between 45 and 49 reported being married by age 15, only 8 percent of young women between 15 and 19 years of age reported being or having been married.

In the Amhara and Tigray regions, girls were married routinely as early as age seven. Child marriage was most prevalent in the Amhara Region, where the median first marriage age was 15.1 years, according to the 2011 DHS, compared with 14.7 years in 2005. Regional governments in Amhara and, to a lesser extent, Tigray offered programs to educate young women on problems associated with early marriage.

Harmful Traditional Practices: Societal abuse of young girls continued to be a problem. Harmful practices included FGM/C, early marriage, marriage by abduction, and food and work prohibitions.

The majority of girls in the country have undergone some form of FGM/C, although the results of the 2009 Population Council survey suggested its prevalence had declined. Sixty-six percent of female respondents ages 21 to 24 reported they were subjected to FGM/C compared with 56 percent of those ages 15 to 17. Of the seven regions surveyed, the study found the rates to be highest in Afar (90.3 percent), Oromia (77.4 percent), and the SNNPR (74.6 percent).

FGM/C was much less common in urban areas, where only 15 percent of the population lived. Girls typically experienced clitoridectomies seven days after birth (consisting of an excision of the clitoris, often with partial labial excision) and infibulation (the most extreme and dangerous form of FGM/C) at the onset of puberty. The penal code criminalizes practitioners of clitoridectomy, with imprisonment of at least three months or a fine of at least 500 birr ($26). Infibulation of the genitals is punishable with imprisonment of five to 10 years. No criminal charges have ever been brought for FGM/C. The government discouraged the practice of FGM/C through education in public schools, the Health Extension Program, and broader mass media campaigns.

Sexual Exploitation of Children: The minimum age for consensual sex is 18 years, but authorities did not enforce this law. The law provides for three to 15 years in prison for sexual intercourse with a minor. The law provides for one year in prison and a fine of 10,000 birr ($530) for trafficking in indecent material displaying sexual intercourse by minors. The law prohibits profiting from the prostitution of minors and inducing minors to engage in prostitution; however, commercial sexual exploitation of children continued, particularly in urban areas. Girls as young as age 11 reportedly were recruited to work in brothels. Customers often sought these girls because they believed them to be free of sexually transmitted diseases. Young girls were trafficked from rural to urban areas. They also were exploited as prostitutes in hotels, bars, resort towns, and rural truck stops. Reports indicated family members forced some young girls into prostitution.

Infanticide or Infanticide of Children with Disabilities: Ritual and superstition-based infanticide continued in remote tribal areas, particularly South Omo. Local governments worked to educate communities against the practice.

Displaced Children: According to a 2010 report by the Ministry of Labor and Social Affairs, approximately 150,000 children lived on the streets, of whom 60,000 were in the capital. The ministry’s report stated families’ inability to support children due to parental illness or insufficient household income exacerbated the problem. These children begged, sometimes as part of a gang, or worked in the informal sector.

A 2010 Population Council Young Adult Survey found that 82.3 percent of boys who lived or worked on the streets had been to or had enrolled in school, 26.4 percent had lost one parent, and 47.2 percent had lost both parents. Among these boys, 72 percent worked for pay at some point in their lives. Government and privately run orphanages were unable to handle the number of street children.

Institutionalized Children: There were an estimated 5.4 million orphans in the country, according to a 2010 report by the Central Statistics Authority. The vast majority lived with extended family members. Government orphanages were overcrowded, and conditions were often unsanitary. Due to severe resource constraints, hospitals and orphanages often overlooked or neglected abandoned infants. Institutionalized children did not receive adequate health care.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Jewish community numbered approximately 2,000 persons. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/.

The constitution does not mandate equal rights for persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities in employment and mandates access to buildings. It is illegal for deaf persons to drive.

The law prohibits employment discrimination based on disability. It also makes employers responsible for providing appropriate working or training conditions and materials to persons with disabilities. The law specifically recognizes the additional burden on women with disabilities. The government took limited measures to enforce the law, for example, by assigning interpreters for hearing-impaired civil service employees.

The law mandates building accessibility and accessible toilet facilities for persons with physical disabilities, although specific regulations that define the accessibility standards were not adopted. Buildings and toilet facilities were usually not accessible. Landlords are required to give persons with disabilities preference for ground-floor apartments, and this was respected.

Women with disabilities were more disadvantaged than men with disabilities in education and employment. An Addis Ababa University study from 2008 showed that female students with disabilities were subjected to a heavier burden of domestic work than their male peers. The 2010 Population Council Young Adult Survey found young persons with disabilities were less likely to have ever attended school than young persons without disabilities. The survey indicated girls with disabilities were less likely than boys with disabilities to be in school; 23 percent of girls with disabilities were in school, compared to 48 percent of girls without disabilities and 55 percent of boys without disabilities. Overall, 47.8 percent of young persons with disabilities surveyed reported not going to school due to their disability. Girls with disabilities also were much more likely to suffer physical and sexual abuse than girls without disabilities. Of sexually experienced girls with disabilities, 33 percent reported having experienced forced sex. According to the same survey, some 6 percent of boys with disabilities had been beaten in the three months prior to the survey, compared with 2 percent of boys without disabilities.

There were several schools for hearing and visually impaired persons and several training centers for children and young persons with intellectual disabilities. There was a network of prosthetic and orthopedic centers in five of the nine regional states.

The Ministry of Labor and Social Affairs worked on disability-related problems. The CSO law continued to affect negatively several domestic associations, such as the Ethiopian National Association of the Blind, the Ethiopian National Association of the Deaf, and the Ethiopian National Association of the Physically Handicapped, like other civil society organizations.

The country has more than 80 ethnic groups, of which the Oromo, at approximately 35 percent of the population, is the largest. The federal system drew boundaries roughly along major ethnic group lines. Most political parties remained primarily ethnically based.

Clashes between ethnic groups during the year resulted in injury and death. In January ethnic clashes broke out at Addis Ababa University reportedly due to anti-Oromo graffiti. The clashes resulted in injury to as many as 20 persons. In February clashes between members of the Afar, Somali, and Oromo ethnic groups in the eastern town of Awash Arba reportedly resulted in the deaths of more than 20 persons.

Authorities in the western region of Benishangul-Gumuz forcibly evicted as many as 8,000 ethnic Amhara residents from their homes; some of those evicted alleged police beat and harassed them because of their ethnicity. The regional president publically stated the evictions were a mistake and called on the evictees to return. Government officials also stated that victims would be compensated for lost property and any injuries sustained. Authorities dismissed several local officials from their government positions because of their alleged involvement in the evictions, and charged some of these officials with criminal offenses.

Consensual same-sex sexual activity is illegal and punishable by imprisonment under the law. There is no law prohibiting discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals. There were some reports of violence against LGBT individuals; reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBT persons. Persons did not identify themselves as LGBT persons due to severe societal stigma and the illegality of consensual same-sex sexual activity. Activists in the LGBT community stated they were followed and at times feared for their safety. There were periodic detentions of some in the LGBT community, combined with interrogation and alleged physical abuse.

The AIDS Resource Center in Addis Ababa reported the majority of self-identified gay and lesbian callers, most of whom were male, requested assistance in changing their behavior to avoid discrimination. Many gay men reported anxiety, confusion, identity crises, depression, self-ostracism, religious conflict, and suicide attempts.

Societal stigma and discrimination against persons living with or affected by HIV/AIDS continued in the areas of education, employment, and community integration. Persons living with or affected by HIV/AIDS reported difficulty accessing services. Despite the abundance of anecdotal information, there were no statistics on the scale of the problem.

The constitution and the law provide workers, except for certain categories of workers primarily in the public sector, with the right to form and join unions, conduct legal strikes, and bargain collectively, although other laws severely restrict or excessively regulate these rights. The law specifically prohibits managerial employees, teachers, health care workers, and civil servants (including judges, prosecutors, and security service workers) from organizing unions. Other workers specifically excluded by law from unionizing include domestic workers and seasonal and part-time agricultural workers.

A minimum of 10 workers is required to form a union. While the law provides all unions with the right to register, the government may refuse to register trade unions that do not meet its registration requirements. The law stipulates a trade union organization may not act in an overtly political manner. The law allows administrative authorities to appeal to the courts to cancel union registration for engaging in prohibited activities, such as political action. While the law prohibits antiunion discrimination by employers and provides for reinstatement for workers fired for union activity, it does not prevent an employer from creating or supporting a workers’ organization for the purpose of controlling it.

Other laws and regulations that explicitly or potentially infringe upon workers’ rights to associate freely and to organize include: the CSO law; Council of Ministers Regulation No. 168/2009 on Charities and Societies to reinforce the CSO law; Proclamation No. 652/2009 on Antiterrorism. During the year the International Labor Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations noted the CSO law gives the government power to interfere in the right of workers to organize, including through the registration, internal administration, and dissolution of organizations, and that the Antiterrorism Proclamation could become a means of punishing the peaceful exercise of freedom of expression and the right to organize.

While the law recognizes the right of collective bargaining, this right was severely restricted. Negotiations aimed at amending or replacing a collective agreement must be completed within three months of its expiration, or the provisions on wages and other benefits cease to apply. Civil servants, including public school teachers, have the right to establish and join professional associations, but are not allowed to negotiate for better wages or working conditions. Furthermore, the arbitration procedures in the public sector are more restrictive than those in the private sector.

Although the constitution and law provide workers with the right to strike to protect their interests, the law contains detailed provisions prescribing excessively complex and time-consuming formalities that make legal strike actions difficult to carry out. The law requires aggrieved workers to attempt reconciliation with employers before striking and includes a lengthy dispute settlement process. These provisions applied equally to an employer’s right to lock workers out. Two-thirds of the workers involved must support a strike for it to occur. If a case has not already been referred to a court or labor relations board, workers retain the right to strike without resorting to either of these options, provided they give at least 10 days’ notice to the other party and the Ministry of Labor and Social Affairs and make efforts at reconciliation.

The law also prohibits strikes by workers who provide essential services, including air transport and urban bus service workers, electric power suppliers, gas station personnel, hospital and pharmacy personnel, firefighters, telecommunications personnel, and urban sanitary workers. The list of essential services exceeds the ILO definition of essential services. The law prohibits retribution against strikers, but also provides for excessive civil or penal sanctions against unions and workers involved in unauthorized strike actions. Unions may be dissolved for carrying out strikes in “essential services.”

The informal labor sector, including domestic workers, is not unionized and is not protected by labor laws. Lack of adequate staffing prevented the government from effectively enforcing applicable laws during the year. Court procedures were subject to lengthy delays and appeals.

Freedom of association and the right to collective bargaining were not respected. Although the government permits unions, the government established and controlled the major trade unions. As it had for more than four years, the government continued to use its authority to refuse to register the National Teachers’ Association (NTA) on the grounds that a national teacher association already existed, and that the NTA’s registration application was not submitted in accordance with the CSO law. According to the Education International report to the ILO in 2011, government security agents subjected members of the NTA to surveillance and harassment, with the goal of intimidating teachers to abandon the NTA and forcing them to give up their long-standing demand for the formation of an independent union. In November 2012 the ILO’s Committee on Freedom of Association expressed its concern with regard to serious violations of the NTA’s trade union rights, including continuous interference in its internal organization that prevented it from functioning normally, as well as interference by way of threats, dismissals, arrest, detention, and mistreatment of NTA members. The committee urged the government to register the NTA without delay; to ensure the CSO law was not applicable to workers’ and employers’ organizations; and to undertake civil service reform to fully protect the right of civil servants to establish and join organizations of their own choosing.

While the government allowed citizens to exercise the right of collective bargaining freely, representatives negotiated wages only at the plant level. It was common for employers to refuse to bargain. Unions in the formal industrial sector made some efforts to enforce labor regulations.

Despite the law prohibiting antiunion discrimination, unions reported employers fired union activists. There were reports most Chinese employers generally did not allow workers to form unions and often transferred or fired union leaders, and intimidated and pressured members to leave unions. Lawsuits alleging unlawful dismissal often take years to resolve because of case backlogs in the courts. Employers found guilty of antiunion discrimination were required to reinstate workers fired for union activities and generally did so. While the law prohibits retribution against strikers, most workers were not convinced the government would enforce this protection. Labor officials reported that, due to high unemployment and long delays in the hearing of labor cases, some workers were afraid to participate in strikes or other labor actions. Antiunion activities occurred but were rarely reported.

The law prohibits most forms of forced or compulsory labor, including by children, but it also permits courts to order forced labor as a punitive measure. The government did not effectively enforce the forced labor prohibition, and forced labor occurred. Both adults and children were forced to engage in street vending, begging, traditional weaving, or agricultural work. Children also worked in forced domestic labor. Situations of debt bondage also occurred in traditional weaving, pottery, cattle herding, and other agricultural activities, mostly in rural areas.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/.

By law the minimum age for wage or salary employment is 14 years. The minimum age provisions, however, only apply to contractual labor and do not apply to self-employed children or children who perform unpaid work. Special provisions cover children between the ages of 14 and 18, including the prohibition of hazardous or night work. The law defines hazardous work as work in factories or involving machinery with moving parts or any work that could jeopardize a child’s health. Prohibited work sectors include passenger transport, electric generation plants, underground work, street cleaning, and many other sectors. The law expressly excludes children under age 16 attending vocational schools from legal protection with regard to the prohibition on young workers performing hazardous work. The law does not permit children between the ages of 14 and 18 to work more than seven hours per day, between 10 p.m. and 6 a.m., on public holidays or rest days, or on overtime.

The government did not effectively enforce these laws. The lack of labor inspectors and controls prevented the government from enforcing the law. The resources for inspections and the implementation of penalties were extremely limited. Despite the introduction of labor inspector training at Gondar University in 2011, insufficient numbers of labor inspectors and inspections resulted in lax enforcement of occupational safety and health measures and in increased numbers of children working in prohibited work sectors, particularly construction. The National Action Plan to Eliminate the Worst Forms of Child Labor was signed at the end of 2012.

While primary education is free, it is not compulsory, and net school enrollment was low, particularly in rural areas. To underscore the importance of attending school, joint NGO and government-led community-based awareness raising activities targeted communities where children were heavily engaged in agricultural work. During the year the government invested in modernizing agricultural practices and constructing schools to combat the problem of child labor in agricultural sectors.

Child labor remained a serious problem. In both rural and urban areas, children often began working at young ages. Child labor was particularly pervasive in subsistence agricultural production, traditional weaving, fishing, and domestic work. A growing number of children worked in construction. Children in rural areas, especially boys, engaged in activities such as cattle herding, petty trading, plowing, harvesting, and weeding, while other children, mostly girls, collected firewood and fetched water. Children worked in the production of gold. In small-scale gold mining, they dug their own mining pits and carried heavy loads of water. Children in urban areas, including orphans, worked in domestic service, often working long hours, which prevented many from attending school regularly. They also worked in manufacturing, shining shoes, making clothes, as porters, directing customers to taxis, parking, public transport, petty trading, and occasionally herding animals. Some children worked long hours in dangerous environments for little or no wages and without occupational safety protection. Child laborers often faced physical, sexual, and emotional abuse at the hands of their employers.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/programs/ocft/tda.htm.

There is no national minimum wage. Some government institutions and public enterprises set their own minimum wages. Public sector employees, the largest group of wage earners, earned a monthly minimum wage of approximately 420 birr ($22). The official estimate for the poverty income level was approximately 315 birr ($16) per month.

Only a small percentage of the population, concentrated in urban areas, was involved in wage-labor employment. Wages in the informal sector generally were below subsistence levels.

The law provides for a 48-hour maximum legal workweek with a 24-hour rest period, premium pay for overtime, and prohibition of excessive compulsory overtime. The country has 13 paid public holidays per year. The law entitles employees in public enterprise and government financial institutions to overtime pay; civil servants receive compensatory time for overtime work. The government, industries, and unions negotiated occupational safety and health standards. Workers specifically excluded by law from unionizing, including domestic workers and seasonal and part-time agricultural workers, generally did not benefit from health and safety regulations in the workplace.

The Ministry of Labor and Social Affairs’ inspection department was responsible for enforcement of workplace standards. The country had 380 labor inspectors, but due to lack of resources, the labor inspectors did not enforce standards effectively. The ministry’s severely limited administrative capacity; lack of an effective mechanism for receiving, investigating, and tracking allegations of violations; and lack of detailed, sector-specific health and safety guidelines hampered effective enforcement of these standards. In addition penalties were not sufficient to deter violations.

Compensation, benefits, and working conditions of seasonal agricultural workers were far below those of unionized permanent agricultural employees. The government did little to enforce the law. Most employees in the formal sector worked a 39-hour workweek. Many foreign, migrant, and informal sector workers worked more than 48 hours per week.

Workers have the right to remove themselves from dangerous situations without jeopardizing their employment. Despite this law most workers feared losing their jobs if they were to do so. Hazardous working conditions existed in the agricultural sector, which was the primary base of the country’s economy. There were also reports of hazardous and exploitative working conditions in the construction and fledgling industrial sectors.