Vol. 10, No.1: Public Consultation toward Ethiopia’s Family Law Reform and the Revised Code’s Response

Abstract

A comprehensive and open public consultation was conducted during the revision process of the Ethiopian family law (in 1998-2000) which attracted active participation from different sections of the Ethiopian society. Various issues were raised by members of the public in the process of reforming Ethiopia’s family law. This note provides the historical context and background of the reform initiative and the outcome thereof. The note identifies the issues that were subject of discourse and shows how the current law has addressed them. It can indeed inspire further research in the field by putting in perspective the fundamental values and principles in Ethiopia which are expected to guide any legal reform process so that the intervention of the law can address societal problems. The core controversial issues raised in the various consultation forums were presented for final discussion at the concluding July 1999 conference held in Addis Ababa before the final draft was submitted. Such public participation in the legislative process was unprecedented. This note provides brief analysis of the main issues raised by the public, the views of the main stakeholders about the existing law, the way in which public consultation forums were organized, and the roles played by different sections of the society in advancing the respective values which they believe must be incorporated in the new family law. The note lists down specific questions and the arguments raised by the public as to why the new family law should or should not be framed in a particular way, and it also shows the ultimate option adopted by the legislature in the final enacted version of the law. The core issues discussed in the note, inter alia, include the pros and cons of having a uniform family law, the various forms and impediments to marriage, the desirability of maintaining irregular union in the new code, betrothal, the institution of family arbitration and grounds of divorce. We believe this note will help researchers, law students and the general public in understanding the background and legislative intent behind the various provisions of the current revised family code, i.e. the 2000 Revised Family Code of Ethiopia.