Gender Equality in Eritrea

Eritrea
Flag of Eritrea
Population (in Mil.)	5.8
Sex Ratio (m/f)	0,98
Life Expectancy Ratio (f/m)	1.08
Fertility Rate	4.68
Income Ratio (f/m)	0.5
Literacy Ratio (f/m)	n/a
Tertiary Enrolment Ratio (f/m)	0,15
Women in Parliament (in %)	22
SIGI Rank	56
More information on variables
Did you know that Eritrea ranks number 56 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Eritrea" at genderindex.org:

Eritrea gained independence in 1991, after 30 years of war against Ethiopia. During the conflict, efforts were made to introduce the National Democratic Program (NDP), a platform from which to challenge gender inequality. The Eritrean liberation movement paid a lot of attention to the empowerment of women. However, much of Eritrean society remains traditional and patriarchal, and most women have an inferior status to men in their homes and communities. In practice, males retain privileged access to education, employment, and control of economic resources, with more disparities in rural areas than in cities. The Constitution and the transitional civil code prohibit discrimination against women. But the laws are not fully implemented, because of a lack of capacity in the legal system.

Family Code

The ministry of justice established a law reform committee in 1997. The new code is in the process of being drafted. However, the Transitional Code of Eritrea eradicated all discriminatory clauses in 1991.

Concerning early marriage, the minimum legal age is 18 years for men and women. The transitional civil code recognizes 3 kinds of marriage: civil marriage, religious marriage and customary marriage. In all the customary laws, fathers and male relatives have the authority to arrange betrothals. Customary marriage age for girls is 8-15 and for boys 12-15. However, the Transitional Code of Eritrea (TCE) explicitly mentions that all forms of marriage (except those governed by Islamic Sharia law), including customary marriage, have common binding conditions that enhance women’s rights, including the minimum age of marriage at 18. Sharia law still exercises its own rules separate from the civil code. According to DHS 1995, the median age at first marriage for women in Eritrea has risen steadily from 16 years among women who were aged 40-49 in 1995 to 18 years among women who at the time were age 20-24. The proportion of women married at the exact age of 15 is 20% among women aged 15-19 years in 1995 (to be compared with 31% among women aged 25-49).

Despite the formal illegality of polygamy in Eritrea, Sharia law is exempt. Thus, polygamous unions (up to four wives) are permitted for Muslim men. About 50% of the population is Muslim.

Concerning parental authority, the constitution grants both parents equal rights and duties within the family. However, the transitional Civil Code and customary laws do not generally recognize the principle of common responsibility for both parents, particularly with regards to custody of children in divorce. The father is still considered head of the household and usually gets custody in most divorce cases.

According to the transitional civil code, there is no discrimination in inheritance. It clearly states that, “sex shall not in any way affect the ascertainment of rights to succession.” Sharia law, in turn, provides for detailed and complex calculations of inheritance shares. A woman may inherit from her father, her mother, her husband, her children, and under certain conditions, from other members of her family, but her share is generally only half of a man’s entitlement. A daughter for example inherits half as much as a son.

Physical Integrity

Female genital mutilation is widespread. FGM is practiced by almost all ethnic and religious groups and about 89% of females undergo this practice (US Department of State, 2006). This represents a decline from 95% in 1995. There is no law prohibiting FGM. However, the government has worked to combat the practice. The government and other organizations, including the National Union of Eritrean Women and the National Union of Eritrean Youth and Students, sponsor education programs that discourage the practice.

Concerning violence against women, the Government has taken a firm public stance against domestic violence. It seems that domestic violence, especially wife beating, is widespread. It was estimated that more than 65 per cent of women in the Asmara area were victims of domestic violence in 2001. Rape is punishable under the law with a maximum sentence of imprisonment of up to 15 years. However marital rape is not specifically recognized.

The population sex ratio in Eritrea has been stable (around 99%) for the past 20 years, and the occurrence of missing women is not widespread in the country.

Civil Liberties

The Constitution guarantees freedom of movement to everyone and the transitional civil code provides both spouses with the right to choose residence. However, deeply rooted traditions practically necessitate that after marriage a woman automatically holds the domicile of her spouse.

There is no legal limitation to the women’s freedom of dress.

Ownership Rights

According to the Eritrean Constitution, all persons are equal before the law. In this case, Eritrean women should have legal capacity identical to that of men. However, when it comes to the application of the legal provision, tradition typically overrides the law.

Concerning access to land, prior to the independence, land tenure systems in Eritrea were complex and differed according to the type of agrarian system. One commonality was their lack of provisions for women to own land. The policy of the Eritrean liberation movement on land redistribution accorded extensive land rights to divorced, widowed and childless women. However, even where land rights have been institutionalized, women may still lack the means of working the land and face specific difficulties, especially in regions where cultural norms prevent women from clearing land. The land distribution for women differs between sub-regions, ranging from 23% to 41%.

Concerning access to bank loans, financial institutions in charge of bank loans, mortgages and other forms of financial micro-credits do not discriminate against women. In case of married persons, both spouses require a written consent of the husband or wife to enter into mortgage, since property acquired after marriage is considered common property. The micro-credit programs are open to men and women and in some cases more encouragement is given to women as a positive discrimination.

Concerning access to property, women have equal rights to conclude contracts, administer property and run business. According to business licensing office statistics, women own around 30% of all businesses.

Sources

• AFROL Gender Profile, Eritrea , http://www.afrol.com/Categories/Women/profiles/eritrea_women.htm
• BRIDGE (1994), Gender Profile of the State of Eritrea, Report prepared for Danida by Cathy Green with Sally Baden
• BRIDGE (1995), Gender, conflict and development, Volume II: Case studies: Cambodia; Rwanda; Kosovo; Algeria; Somalia; Guatemala and Eritrea, Report prepared at the request of the Netherlands. Special Programme on WID, Ministry of Foreign Affairs on a conference on gender, conflict and development of the Vrouwenberaad ntwikkelingssamenwerking by Bridget Byrne, Rachel Marcus and Tanya Powers-Stevens
• CEDAW (2004), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; combined initial and secondic periodic reports of States parties - Eritrea, CEDAW/C/ERI/1-2, Committee on the Elimination of Discrimination Against Women.
• 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/Add1., Committee on the Elimination of Discrimination Against Women.
• CRC (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
• OMCT (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 : http://www.omct.org/index.php?id=&lang=eng&articleSet=Press&articleId=4703
• UN (2003), Integration of the Human Rights of Women and the Gender Perspective, Violence against Women ». Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhila Coomaraswamy, submitted in accordance with commision on Human Rights resolution
• US. DEPARTMENT OF STATE (2006), Country Reports on Human Rights Practices, Eritrea, Bureau of Democracy, Human Rights and Labor