By Rachel Crocker
Background
The Conflict
In November 2020, Ethiopia was thrust into the international spotlight with the emergence of a civil war between the national government and political leaders in the Tigray region. After years of political unrest between the government and the Tigray People’s Liberation Front (TPLF), violence broke out when TPLF forces attacked a federal military base with the aim of stealing weapons after the federal government cut funding to the region.[i] When President Abiy Ahmed ordered a military offensive against the Tigrayan leadership, many of Ethiopia’s forces found themselves on opposing sides since the majority of the army’s officers were Tigrayan.[ii] To make up for this, the Ethiopian government united with the Eritrean armed forces and Amhara regional forces, both of which have a history of grievances with Tigray.[iii]
While severe consequences have occurred on both sides, Ethiopia’s abysmal handling of the crisis has not gone unnoticed. Accusations of ethnic cleansing have arisen as a result of a shocking number of Tigrayan civilians having faced violence during the conflict. This indicates that the federal government intends to wipe out the Tigrayan people, as well as their government and its leaders.[iv] Additionally, since the civil war is primarily being fought in Tigray, the region suffers from damaged infrastructure, overthrown or killed leadership, and displaced civilians, which could dampen the power the region holds.[v]
The Violations Taking Place
Multiple human rights violations have been perpetrated in the Tigray region of Ethiopia. In addition to the physical violence faced by many Tigrayan civilians, cases of sexual and gender-based violence (SGBV) against women have intensely escalated. The United Nations High Commissioner for Refugees (UNHCR) defines SGBV as, “any act that is perpetrated against a person’s will and is based on gender norms and unequal power relationships.”[vi] The UNHCR also states that this type of violence includes physical, emotional, or psychological sexual violence, as well as the denial of resources or services.[vii]
SGBV violates at least six international human rights laws, including Articles 3 and 5 of the Universal Declaration of Human Rights (UDHR); Resolutions 1325, 1820, and 2106 of the United Nations Security Council (UNSCR); and Article 7 of the Rome Statute of the International Criminal Court (ICC), which will be discussed further. SGBV primarily affects women and girls, but can also affect men and boys. Threats of violence and coercion are included under the SGBV umbrella.[viii] For the purpose of this analysis, women and girls will be the focus of the SGBV in Tigray, as one in three women worldwide experience SGBV, compared to one in five men.[ix]
The rapid surge of SGBV began days after the region broke out in war; one woman reported that she was raped by four Eritrean soldiers only days after giving birth and losing both her husband and newborn baby.[x] However, SGBV is not a new issue in Ethiopia. In fact, the country is abundant in reported and unreported allegations of sexual and domestic violence. One study revealed that the percentage of women who have experienced sexual violence increases from 4% for teenage girls (15-19 years old) to 14% for women (up to 49 years old); uneducated women were 8% more likely to have experienced sexual violence than women who had received more than a secondary education.[xi]
While these violations certainly take on the form of direct physical violence, there is also purposeful neglect present. More than 829 cases of sexual assault have been officially reported since the beginning of the conflict,[xii] though a conservative estimate suggests the actual number is closer to 10,000.[xiii] These violations occur even with common knowledge of the physical and social ramifications of rape and violence. Physical ramifications include sexually transmitted infections, pelvic pain, urinary tract infections, and genital injuries.[xiv] Mental health can also be impacted, such as post-traumatic stress disorder (PTSD), depression, and suicidal behavior.[xv] Social ramifications are also present for the women and girls of these crimes, who are often shamed if they come out publicly as survivors, despite their innocence in the matter. This is true for women of most cultures, but the topics and stigmas of rape, abuse, and abortion are typically harsher in more conservative and highly religious cultures,[xvi] such as Ethiopia’s and Eritrea’s extremely Orthodox Christian cultures.
The Ethiopian federal government is also directly neglectful in this conflict due to the retraction and refusal to administer medical and food aid to the Tigray region.[xvii] The lack of aid to medical facilities significantly harms SGBV survivors since they are unable to access post-rape care and mental health services, which are paramount in aiding survivors to reclaim a sense of normalcy. The sharp increase in sexual violence has resulted in unwanted pregnancies and sexually-transmitted infections (STIs), including HIV. Refugee camp doctors in Ethiopia and Sudan have reported the rising demand for emergency contraception and STI testing.[xviii] This refusal of care, coupled with the widespread SGBV, constitutes crimes against humanity and possibly even genocide under UNSCR 1820 and Article 7 of the Rome Statue.
Why Women Are Vulnerable
Sexual and gender-based violence is a result of the perseverance of patriarchal societies and the historic use of rape as a weapon of war. Sexual violence as a weapon of war reflects the perpetrator’s view of the power dynamics between the “right” and “wrong” sides of a situation or the “powerful” and “weak” genders. SGBV can occur in times of war, conflict, during migration, in refugee camps, and within marriages. Women and girls in these situations are often preyed upon because of their physical and financial insecurities,[xix] which, in the eyes of the perpetrators, make them easy targets. Additionally, violators will often use these precarious and uncertain situations to coerce women into unwanted sexual encounters with the excuse that this is what is “owed” to them for fighting in a war or conflict; traveling with their victims to refugee camps; or because they believe they have ownership over their wives. Were it not for the power imbalances between men and women, SGBV would undoubtedly occur less than it does today.
In Tigray, reports show that the worst cases of SGBV are committed by the Eritrean armed forces and their allies, the Amhara regional forces.[xx] However, the UN Human Rights Office has named all actors as responsible for the violence, including the Ethiopian National Defense Forces and the TPLF.[xxi] The Tigray region has an extensive history of internal and external wars, and a multitude of armed forces from all over Ethiopia spend time in the region because of these wars.[xxii] Ethiopia is rated very low on the 2019 Gender Inequality Index with a score of 0.517 out of 1, ranking it at 125 out of 162 countries studied.[xxiii] This increased presence of armed soldiers and continued gender inequality contributes to and perpetuates the SGBV in the region.
Assessment of the Policy
Legal Analysis
The sexual and gender-based violence is in clear violation of international human rights law and international humanitarian law, specifically with UDHR 3, UDHR 5, UNSCR 1325, UNSCR 1820, UNSCR 2106, and Article 7 of the Rome Statute, as detailed below.
- UDHR 3: Everyone has the right to life, liberty and security of person.[xxiv] Tigrayan bodily autonomy is violated during rape and other violent physical acts.
- UDHR 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.[xxv] Rape and other acts of physical violence clearly constitute torture and cruel, inhuman, and degrading treatment.
- UNSCR 1325: Calls on all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.[xxvi] Ethiopia has violated this Resolution by ignoring the widespread SGBV committed by its soldiers and allies stationed in Tigray.
- UNSCR 1820: Notes that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide.[xxvii] While SGBV is not exclusive to Ethiopia, the situation in Tigray is extremely widespread and reaches the levels of crimes against humanity and genocide, as shown with this Resolution.
- UNSCR 2106: Recognizing that States bear the primary responsibility to respect and ensure the human rights of all persons within their territory and subject to their jurisdiction as provided for by international law; and reaffirming that parties to armed conflict bear the primary responsibility to ensure the protection of civilians.[xxviii] Ethiopia has violated this Resolution by not intervening and stopping the SGBV, as well as refusing medical and food aid to the Tigray region.
- Rome Statute, Article 7: This Article states that widespread and systematic attacks against a civilian population constitute “crimes against humanity.”[xxix] One of the 11 acts stated is, “Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.”[xxx]
Ethiopia has ratified multiple international human rights treaties, including the UDHR, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC).[xxxi] Additionally, UN Security Council Resolutions are legally binding in the eyes of the International Court of Justice,[xxxii] as well as under Article 25 of the United Nations’ Charter, which states, “The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.”[xxxiii] Since Ethiopia is a founding member of the United Nations,[xxxiv] it is legally obligated to abide by the international humanitarian and human rights laws passed by UN councils.
SGBV also violates domestic Ethiopian law. Article 35 of the 1995 Ethiopian Constitution recognizes that men and women are ensured equal rights under the law,[xxxv] and gender-based violence is, by definition, a product of gender inequality. The Article also guarantees the rights of women from harmful traditional practices,[xxxvi] which includes SGBV because it has been used as a weapon of war for thousands of years. Article 13 of the Constitution declares that the fundamental rights and freedoms present in the Constitution will be interpreted according to the principles of the UDHR, International Covenants on Human Rights, and other international frameworks adopted by Ethiopia.[xxxvii] While Ethiopia has legal protections for women’s rights in its Constitution, it has yet to ratify the regional Protocol to the African Charter on Human and People’s Rights on Rights of Women in Africa,[xxxviii] and freedom from gender-based violence is not explicitly stated in Article 35 of the Constitution. However, this should not be seen as a loophole since Ethiopia is a member of the United Nations and thus obligated to UN law, especially the UDHR, as stated in the country’s Constitution.
Policy Analysis
Ethiopia is a founding member of the United Nations, and the UDHR influenced their constitution, so the history of these international humanitarian and human rights laws are entrenched in the history of modern-day Ethiopia.Unfortunately, there have not been any real changes to combat or prevent the largescale sexual and gender-based human rights violations, other than the limited post-rape services that refugee camps and aid organizations offer to sexual violence survivors.
Ethiopia’s government publicly claims a zero-tolerance policy with regards to sexual violence. President Abiy Ahmed’s Administration, through Women’s Minister Filsan Abdullahi, has reported that its taskforce team conclusively found that rape has occurred in the Tigray region.[xxxix] Internationally, the Tigrayan conflict and SGBV has been condemned by the UN, the World Health Organization, the G7, and the European Union. The UN expressed its “deep concern”[xl] and allocated $65 million in aid to Ethiopia, $40 million of which is marked for emergency assistance in Tigray.[xli] Additionally, the UN High Commissioner for Human Rights (OHCHR) announced a joint investigation with the Ethiopian Human Rights Commission (EHRC) “into human rights violations and abuses allegedly committed by all parties.”[xlii] US Secretary of State Antony Blinken has called the violence “ethnic cleansing” and announced sanctions on Ethiopia, including travel bans for key officials and aid cuts, though USAID has allocated additional funds for humanitarian assistance.[xliii]
Key Recommendations
The international community, under the guidance of the UN, needs to come together and address the SGBV violations in Tigray. Countries should use their political and economic power to intervene and stop the violations in Ethiopia and provide survivor care for victims in Tigray. These violations are illegal under international law, and the longer the violations are ignored, the worse the situation can become. One country stepping up is not enough. Ethiopia will have little incentive to take action in a conflicted region without the collective power of the international community following the below recommendations.
Impose economic and legal sanctions against Ethiopia. Due to state sovereignty norms, countries are unlikely to act unless they are forced to by the international community. Ethiopia will most certainly not welcome the sanctions, but money motivates people more quickly than upholding human rights. Economic sanctions could result in a more difficult road to organizing independent investigations, but too many women and girls are being violated to risk not imposing sanctions, especially since the Ethiopian government has not acted on its own to protect its female population. Additionally, legal action needs to be taken against Ethiopia for the crimes against humanity that have been committed in its name. This includes appropriate UN sanctions regimes so that perpetrators can be held fully accountable for their actions.
Deliver more humanitarian aid in Tigray. Governments and civil societies need to send more humanitarian aid directly to Tigray. However, this means that humanitarian organizations need unhindered access to the region from Ethiopian armed forces. This aid should provide post-rape services, such as emergency contraception, STI testing and treatment, abortion care, and comprehensive mental health services.
Ensure an independent investigation into the human rights violations in the region. The Ethiopian government must allow the UN High Commissioner for Human Rights and the Ethiopian Human Rights Commission unhindered and unrestricted access to SGBV survivors, civilians, and leadership officials on both sides of the conflict in order to complete a thorough investigation. The international community needs to push for this independent investigation, even if Ethiopia seems unlikely to cooperate, as seen with the expulsion of UN officials in October 2021.[xliv]
Conclusion
Ethiopia has violated international law by not preventing, protecting, or stopping the sexual and gender-based violence in Tigray. Despite its political differences with the Tigray region, Ethiopia still has an obligation to protect its female population from the gross atrocities that are being committed by its soldiers and its allies’ armed forces. SGBV will not end in Tigray (or at the very least occur less frequently) if the government continues to ignore and refuses to abide by Articles 3 and 5 of the UDHR; Resolutions 1325, 1820, and 2106 of the UN Security Council; and Article 7 of the Rome Statute of the ICC. Since Ethiopia has so far allowed these violations to occur for over a year without regard to its obligations to international humanitarian law, the international community must step up and demand the immediate cessation of these crimes against humanity, as well as prompt humanitarian services to aid SGBV survivors. We as a human race cannot stand by and allow such atrocities to continue to occur.
Endnotes
[i] Declan Walsh and Abdi Latif Dahir, “Why Is Ethiopia at War with Itself?,” The New York Times (The New York Times, November 26, 2021), https://www.nytimes.com/article/ethiopia-tigray-conflict-explained.html.
[ii] Ibid.
[iii] Georgetown Institute for Women, Peace and Security, “The Crisis in Tigray: Women & Girls under Violent Assault,” Georgetown Institute of Women, Peace and Security (Georgetown University, 2021), https://giwps.georgetown.edu/the-crisis-in-tigray-women-girls-under-violent-assault/.
[iv] Ibid.
[v] Ibid.
[vi] UNHCR, “Emergency Handbook,” UNHCR (The UN Refugee Agency, October 12, 2021), https://emergency.unhcr.org/entry/51693/sexual-and-gender-based-violence-sgbv-prevention-and-response.
[vii] Ibid.
[viii] Ibid.
[ix] Mary Ellsberg and Lori Heise, Researching Violence Against Women: A Practical Guide for Researchers and Activists (Washington D.C.: The World Health Organization, PATH, 2005).
[x] Helen Clark and Rachel Kyte, “In Tigray, Sexual Violence Has Become a Weapon of War,” Foreign Policy (Foreign Policy, April 27, 2021), https://foreignpolicy.com/2021/04/27/in-tigray-sexual-violence-has-become-a-weapon-of-war/.
[xi] Marisa Cordon et al., “Systematic Literature Review of Gender-Based Violence in Ethiopia: Magnitude, Policies, and Interventions” (Arlington, VA: Social Impact, Inc., 2018), p. ii-83, Pg. 12.
[xii] Michelle Nichols, “Sexual Violence Being Used as Weapon of War in Ethiopia’s Tigray, U.N. Says,” Reuters (Thomson Reuters, April 15, 2021), https://www.reuters.com/world/africa/sexual-violence-being-used-weapon-war-ethiopias-tigray-un-says-2021-04-15/
[xiii] S. Gianesello, “News Highlights Extra No. 12: Conflict in the Horn,” EEPA (Europe External Programme with Africa, March 10, 2021), https://www.eepa.be/?p=4847.
[xiv] World Health Organization, “Gender-Based Violence in Health Emergencies,” World Health Organization (World Health Organization, September 21, 2018), https://www.who.int/health-cluster/about/work/task-teams/genderbasedviolence/en/.
[xv] Ibid.
[xvi] Sean Chandler Rife, “Sexual Assault, Perceived Stigma, and Christian Fundamentalism: Understanding Support Seeking Among Victims.” (2009). Electronic Theses and Dissertations. Paper 1886. https://dc.etsu.edu/etd/1886, pg. 26-7.
[xvii] Human Rights Watch, “Ethiopia: Blocking Tigray Aid Harms Rape Survivors,” Human Rights Watch (Human Rights Watch, November 10, 2021), https://www.hrw.org/news/2021/11/09/ethiopia-blocking-tigray-aid-harms-rape-survivors.
[xviii] Bethlehem Feleke et al., “’Practically Genocide’: Doctors Say Rape Used as Tool of War in Ethiopia,” CNN (Cable News Network, March 22, 2021), https://www.cnn.com/2021/03/19/africa/ethiopia-tigray-rape-investigation-cmd-intl/index.html.
[xix] Alexandra Parrs, “The Vulnerable Refugee Woman, from Damascus to Brussels,” in Gender and Migration a Gender-Sensitive Approach to Migration Dynamics, ed. Chris Timmerman et al. (Leuven, Belgium: Leuven University Press, 2018), pp. 195-216, Pg. 200.
[xx] Cara Anna, “’Leave No Tigrayan’: In Ethiopia, an Ethnicity Is Erased,” AP NEWS (Associated Press, April 7, 2021), https://apnews.com/article/ethiopia-tigray-minority-ethnic-cleansing-sudan-world-news-842741eebf9bf0984946619c0fc15023.
[xxi] United Nations, “Amidst ‘Conflict, Blanket Denials and Finger-Pointing’, UN Rights Chief Calls for Probe in Ethiopia’s Tigray,” UN News (United Nations, March 4, 2021), https://news.un.org/en/story/2021/03/1086472.
[xxii] Tewelde Gebre et al., “The Prevalence of Gender-Based Violence and Harmful Traditional Practices against Women in the Tigray Region, Ethiopia,” Journal of Asian and African Studies 55, no. 1 (August 3, 2019): pp. 58-75, https://doi.org/10.1177/0021909619867110, Pg. 66.
[xxiii] United Nations Development Programme, “Human Development Reports,” Human Development Reports (UNDP, 2019), http://hdr.undp.org/en/countries/profiles/ETH.
[xxiv] UN General Assembly, Universal Declaration of Human Rights, United Nations (UN General Assembly, December 10, 1948).
[xxv] Ibid.
[xxvi] UN Security Council, Resolution 1325 (2000), United Nations (UN Security Council, October 31, 2000).
[xxvii] UN Security Council, Resolution 1820 (2008), United Nations (UN Security Council, June 19, 2008).
[xxviii] UN Security Council, Resolution 2106 (2013), United Nations (UN Security Council, June 24, 2013).
[xxix] Rome Statute of the International Criminal Court, (last amended 2010), 17 July 1998.
[xxx] Ibid.
[xxxi] Marew Abebe Salemot and Alemstehay Birhanu, “The Ethiopian Legal Frameworks for the Protection of Women and Girls from Gender-Based Violence,” PanAfrican Journal of Governance and Development (PJGD) 2, no. 1 (February 28, 2021): pp. 82-102, https://doi.org/10.46404/panjogov.v2i1.2914, Pg. 87.
[xxxii] Kwadwo Appiagyei-Atua, “United Nations Security Council Resolution 1325 on Women, Peace, and Security — Is it Binding?” Human Rights Brief 18, no. 3 (2011): 2-6. Pg. 3.
[xxxiii] United Nations, Charter of the United Nations, 1 UNTS XVI. Chapter V, Article 25. (United Nations, October 24, 1945).
[xxxiv] United Nations, “UNSDG | UN in Action – Ethiopia,” United Nations (United Nations, 2021), https://unsdg.un.org/un-in-action/ethiopia.
[xxxv] Marew Abebe Salemot and Alemstehay Birhanu, “The Ethiopian Legal Frameworks for the Protection of Women and Girls from Gender-Based Violence,” PanAfrican Journal of Governance and Development (PJGD) 2, no. 1 (February 28, 2021): pp. 82-102, https://doi.org/10.46404/panjogov.v2i1.2914, Pg. 84.
[xxxvi] Ibid, 92.
[xxxvii] Ibid.
[xxxviii] Ibid, 90.
[xxxix] Reuters, “Ethiopia Confirms Widespread Rape in Conflict-Hit North,” Reuters (Thomson Reuters, February 12, 2021), https://www.reuters.com/article/uk-ethiopia-conflict/ethiopia-confirms-widespread-rape-in-conflict-hit-north-idUSKBN2AC0WQ.
[xl] Georgetown Institute for Women, Peace and Security, “The Crisis in Tigray: Women & Girls under Violent Assault,” Georgetown Institute of Women, Peace and Security (Georgetown University, 2021), https://giwps.georgetown.edu/the-crisis-in-tigray-women-girls-under-violent-assault/.
[xli] Ibid.
[xlii] Ibid.
[xliii] Ibid.
[xliv] Akshaya Kumar, “Millions at Risk as Ethiopia Expels UN Officials,” Human Rights Watch (Human Rights Watch, October 1, 2021), https://www.hrw.org/news/2021/10/01/millions-risk-ethiopia-expels-un-officials.
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