must be free from any interference or influence of any governmental body, government official or
any other source.
Religious Courts
The Constitution allows the establishment of customary and religious courts to adjudicate disputes
relating to personal and family laws in accordance with customary or religious laws with the consent
of all parties to the dispute. In line with the principles set in the Constitution, parties to a dispute
arising in relation to marriage, personal and family laws may refer those matters to be adjudicated in
accordance with religious or customary laws, when both are willing. The HPR and State Councils
can establish or give official recognition to religious and customary courts.
The Sharia Courts
Sharia Courts have also been established at federal and state levels pursuant to the Proclamation
188/1999 adopted by the HPR. The Sharia Courts have common jurisdiction over the following
matters; a) issues related to marriage, divorce, maintenance, guardianship of minors and family
relationships provided that the marriage to which the question relates was concluded, or the parties
have consented, to be adjudicated in accordance with Islamic Law; b) issues related to waqf, gift
/Hiba/, or wills, provided that the endower or donor is a Muslim or the deceased is a Muslim at the
time of his death; c) Any question regarding payment of costs incurred in any suit relating to the
aforementioned matters.
CHALLENGES
Ethiopia has been facing multifaceted challenges which include resource constraints, lack of
capacity, and the impact of climate change resulting in droughts. The diverse and complex nature of
the nation makes it difficult to create uniform strategies and programs for the promotion and
protection of human rights in all regions. In its common endeavour to enhance the promotion and
protection of human rights in a sustained manner, the government has looked for assistance to the
capacity development of the staff of relevant Federal and regional institutions in implementing the
human rights instruments and their dissemination.
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