Eritrea gained independence from Ethiopia in 1991, after 30 years of war. During the conflict, the central leadership of the country (the Eritrean People’s Liberation Front) made efforts to introduce the National Democratic Program (NDP), a platform to challenge gender inequality. Eritrea’s Constitution and Transitional Civil Code of Eritrea (TCE) now prohibit discrimination against women; as yet, the laws are not always fully implemented due to lack of capacity in the country’s legal system.
Much of Eritrean society remains traditional and patriarchal; men retain privileged access to education, employment, and control of economic resources. As a result, women have an inferior status to men in both their homes and communities. Such disparities are more common and more extreme in rural areas than in cities.
In 1991, the TCE abolished previously discriminatory clauses in existing legislation. Today, the law gives women a relatively high level of protection within the family. The TCE recognises three types of marriage: civil, religious and customary. The code explicitly states that all three types follow several binding conditions that enhance women’s rights, including setting the minimum age of marriage at 18 years. (These conditions do not apply to marriages governed by Islamic Sharia law.) Despite this condition, early marriage is pervasive. According to a 2004 United Nations report, 38 per cent of girls between 15 and 18 years of age were married, divorced or widowed. For the most part, customary marriage disregards the TCE’s minimum age condition and sets its own, much lower minimums: the age for girls is 8 to 15 and that for boys is 12 to 15. All customary laws give authority for arranging betrothals to fathers or male relatives. According to the Demographic and Health Survey, the median age at first marriage for women in Eritrea has risen steadily in recent years: the median age was 16 years among women now aged 40 to 49; it is now 18 years among women aged 20 to 24.
Despite the formal illegality of polygamy, Eritrea recognises Islamic Sharia law in this area and permits polygamous unions for Muslim men, who may take up to four wives.
The Constitution accords parental authority to both parents, along with equal rights. However, both the TCE and customary laws fall short of recognising the principle of common responsibilities for both parents, particularly in regard to custody of children in case of divorce. In most cases, fathers are still considered as head of the household and are given right of custody.
Eritrean law does not discriminate in relation to inheritance rights. However, the Muslim community follows Sharia law, which provides for detailed and complex calculations of inheritance shares. Under Sharia, women may inherit from their father, mother, husband or children and, under certain conditions, from other family members, but their share is generally only half of that to which men are entitled.
Women in Eritrea have relatively low protection for their physical integrity. Violence against women is widespread, particularly domestic violence and wife beating. It was estimated in 2001 that more than 65 per cent of women in the Asmara area had been victims of domestic violence. Rape is punishable by law, with a maximum sentence of imprisonment of up to 15 years. The law does not specifically recognise spousal rape.
Female genital mutilation (FGM) is widespread in Eritrea, and is practised by almost all ethnic and religious groups. According to the US Department of State, about 89 per cent of women in Eritrea undergo FGM. To date, there is no law prohibiting FGM, but several groups are taking steps in a positive direction. The Eritrean government and other organisations, including the National Union of Eritrean Women and the National Union of Eritrean Youth and Students, sponsor education programmes that discourage the practice.
The population sex ratio in Eritrea has been stable for the past 20 years, indicating that it is not a country of concern regarding missing women.
The Eritrean Constitution provides for full ownership rights for women, but the application of legal provisions tends to favour men and limit women’s ability to achieve financial independence.
The Eritrean People’s Liberation Front established a policy on land redistribution to improve women’s access to land by granting extensive land rights to divorced, widowed and childless women. Despite this effort to institutionalise land rights, many women still lack the means of working the land and face specific difficulties, especially in regions in which cultural norms prevent women from clearing land.
With regard to access to property other than land, Eritrean women have equal rights to conclude contracts, administer property and run businesses. According to business licensing office statistics, women own around 30 per cent of businesses.
Women in Eritrea also have access to bank loans. Most micro-credit programmes are open to both men and women; however, a form of positive discrimination is evident in that some programmes provide greater encouragement to women.
Women in Eritrea have a high degree of civil liberty. The law guarantees freedom of movement to both men and women. Women are restricted in that deeply rooted traditions expect women to hold the domicile of their husbands after marriage.
There are no legal limitations to the women’s freedom of dress.
Afrol News (n.d.), Gender Profile: Eritrea, www.afrol.com/Categories/Women/profiles/eritrea_women.htm.
Green, C. with S. Baden (1994), Gender Profile of the State of Eritrea, BRIDGE, Institute of Development Studies, Brighton.
Byrne, B., R. Marcus and T. Powers-Stevens (1995), Gender, Conflict and Development, Volume II: Case Studies: Cambodia; Rwanda; Kosovo; Algeria; Somalia; Guatemala and Eritrea, BRIDGE, Institute of Development Studies, Brighton.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Eritrea, Combined Initial and Second Periodic Reports of States Parties, CEDAW/C/ERI/1-2, CEDAW, New York, NY.
CEDAW (2005), Responses to the List of Issues and Questions for Consideration of the Combined Initial, Second and Third Periodic Reports, CEDAW/C/ERI/Q/1-3/Add.1, CEDAW, New York, NY.
CRC (Committee on the Rights of the Child) (2003), Considerations of Reports Submitted by State Parties Under Article 44 of the Convention on the Rights of the Child, Concluding Observations: Eritrea, CRC/C/15/Add.204, CRC, New York, NY.
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women, E/CN.4/2003/75/Add.1, UN, New York, NY.
OMCT (Organisation Mondiale Contre la Torture) (2003), Violence Against Girls in Eritrea, The World Organisation Against Torture (OMCT) Expresses Its Concern Regarding Violence Against Girls in Eritrea at the 33rd Session of the Committee on the Rights of the Child, Alternative Report and Press Release: www.omct.org/index.php?id=&lang=eng&articleSet=Press&articleId=4703, OMCT, Geneva.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY
US Department of State (2007), Country Reports on Human Rights Practices: Eritrea, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
Anti-FGM law: Eritrea adopted a Proclamation to abolish FGM/C in 2007; see Gazette of Eritrean Laws, Vol. 16/2007, Proclamation 158/2007.