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June 7, 2005
Ethiopian woman
In May 2005, the Ethiopian government revised the law to permit abortion for an expanded range of indications.
Photo courtesy of Petterik Wiggers/Hollandse Hoogte Panos Pictures.
In May 2005, Ethiopia’s long-awaited new Criminal Code came into effect. With considerable public input, the government revised the code to permit abortion for an expanded range of indications. These include: when the pregnancy results from rape or incest; when the health or life of the woman and the fetus are in danger; in cases of fetal abnormalities; for women with physical or mental disabilities; and for minors who are physically or psychologically unprepared to raise a child. The revised law also notes that poverty and other social factors may be grounds for reducing the criminal penalty for abortion.

The new code serves as a significant precedent for abortion-law reform in other African nations.

"Lawmakers' enlightened actions show that they understand the tremendous, tragic toll that unsafe abortion takes in Ethiopia, especially on young, poor women," said Saba Kidanemariam, Ipas Ethiopia Country Director. "Ipas and other women's health advocates are confident that this reform will save the lives of thousands of women and girls."

Ipas will assist in the implementation of the revised abortion law. This role includes working with Ministry of Health to develop and disseminate new abortion-care guidelines in line with the World Health Organization’s (WHO) Safe Abortion: Technical and Policy Guidelines for Health-Care Systems, as well as training health-care providers and advocates in the importance of safe, woman-centered care.

In October 2004, Ipas and the Walta Information Center jointly organized a panel discussion in Addis Ababa on reproductive-health and rights aspects of the Criminal Code revision. Members of government committees that had a role in reviewing the code explained the process, the rationale for recommended changes and the expected impact. They emphasized that the new code aligns not only with Ethiopia’s new democratic constitution, approved in 1995, but also with international conventions which the country supports.

For example, in line with the Convention on the Elimination of All Forms of Discrimination Against Women, which Ethiopia ratified in 1981, the new code establishes punishments for the trafficking of women and children, rape, sexual abuse by family members, female circumcision and abduction for the purpose of marriage. It also outlines conditions in which abortion is not subject to punishment. These include:

This last provision reflects lawmakers' recognition that unsafe abortion poses a particular danger to Ethiopian adolescents.

In addition, the revised code stipulates that the woman’s word is all that is needed to justify pregnancy termination in cases of rape and incest. In many countries, requirements that women provide physical proof or prosecute their rapists hinder women from obtaining safe, timely abortion. The new code also notes that courts can decide not to penalize a woman when the pregnancy is terminated because of extreme poverty.

“This is such an important step forward, not only for Ethiopian women but also for families and communities, who all suffer the effects of unsafe abortion,” said Kidanemariam. “On the African continent, only South Africa and a few other countries have adopted more progressive policies in response to this public-health crisis.”

Ipas has worked with local partners in Ethiopia for about a decade to reduce maternal mortality and morbidity resulting from unsafe abortion, which, according to government reports, is the fifth-leading cause of hospital admissions and second-leading cause of deaths among hospitalized women.

For more information, contact:
Kirsten Sherk
Senior Associate, Media Relations
e-mail: sherkk@ipas.org
phone: 919.960.5612
fax: 919.929.0258