Customary Versus Modern Laws of Eritrea on Gender Equality

Muluberhan Hagos

Description

The research of Muluberhan Hagos compares the customary laws of ethnic groups in Eritrea and the modern laws of the country, with a focus on the legal issues in society that emerge, understood from a gender perspective. These issues include the laws of person and gender, abortion, family law, succession and property, the law of contracts and criminal and civil liabilities in gender-related offences. Muluberhan Hagos treats customary law as a system that is dynamic and alive and responds to community matters. It is an excellent and detailed study on the relevance of customary law today. The book, which is part of the GAIC Network and African studies series published with Langaa, makes an important contribution to the literature on legal studies, African studies, social protection and governance.

Sujets

• Droit et juridique
• Gender
• Law

Informations

• Publié par: Langaa RPCIG
• Date de parution: 07 février 2023
• Nombre de lectures: 0
• EAN13: 9789956553969
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

Customary Versus Modern Laws of Eritrea on Gender Equality: A Comprehensive Study on Harmonization of Pluralistic Laws
By Muluberhan Berhe Hagos
Publisher:
Langaa RPCIG
Langaa Research & Publishing Common Initiative Group
P.O. Box 902 Mankon
Bamenda
North West Region
Cameroon
[e-mail]
www.langaa-rpcig.net
Distributed in and outside N. America by African Books Collective
[e-mail]
www.africanbookscollective.com
ISBN-10: 9956-553-00-x
ISBN-13: 978-9956-553-00-6
© Muluberhan Berhe Hagos 2023
All rights reserved. No part of this book may be reproduced or stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without written permission of the author, Muluberhan Berhe Hagos.
Originally printed by Atlas Graphic Printers, Asmara 2014, this second edition is published by Langaa RPCIG, 2023
Contact: Muluberhan Berhe Hagos | E-mail: [e-mail]
Acknowledgements
I would like to express my sincere appreciation to all of the individuals and institutions that provided me with material and moral assistance and support in conducting and publishing this study. Special thanks are due to the interviewees from the nine ethnic groups of Eritrea, whose names are listed in the bibliography. They contributed their time, unreservedly shared their respective traditional laws and provided me with relevant documents.
My gratitude also goes to the following professionals, who edited and proofread this book:
Firstly, I would like to thank Mr Theodore Boyd, who served as the principal editor during the constitutional development of Rwanda and the examination of the education system of Togo. Mr Boyd meticulously edited the entire book, focusing on correct English grammar and word choice. Mr Boyd devoted his precious time, sometimes changing the schedule of his prayer period to meet the deadline, and I am grateful for his contribution.
Mr Kebreab Habtemichael, former Department Head of the Law School at University of Asmara and practising lawyer, scrupulously edited several sections of this book, focusing on whether or not the legal analyses and syntheses are sound and correct. I am grateful for his critical comments and suggestions, which prompted me to reconsider the construction of certain paragraphs.
Dr Yohannes Gebremedhin, former senior lecturer at the Law Schools of University of Asmara and University of Wisconsin, legal consultant to various private and governmental institutions, and currently senior international legal consultant, edited the introductory section. He provided advice and moral support from the inception to the conclusion of this study.
Mrs Rahel Asghedom, creative writer and freelance researcher, edited all but section six of this book, focusing on whether or not the contents adhere to standard English grammar and appropriate word choice. She raised a number of provocative questions, which prompted me to reconsider several paragraphs. I am grateful for her valuable and constructive comments.
Mr Teame Beyene, former President of the High Court of Eritrea, offered comments that helped me to strengthen the legal analyses and syntheses. He also provided information on the rationale of, and background to, certain amendments to the Civil Code, such as irregular union and gender issues. I am thankful for his insights.
Father Ghirmai Abraha, O. Cist, lecturer at the Catholic Theological Institute, edited and proofread the introductory section of this book. I am grateful for his comments.
Ms Laraine Black, former Director of Oxfam Canada in Eritrea, edited some parts of the book, focusing on English grammar and word choice. She also offered her valuable opinions from a gender perspective.
Dr Amanda Tanfield contributed thought provoking and critical comments. Her questions and suggestions pertaining to gender equality have sensitized me to elaborate and seriously reconsider several concepts and principles, putting myself in the shoes of a foreign reader.
Ms Saba Sebhatu, researcher at the Peace Building Centre for the Horn of Africa edited sections one and two and provided valuable corrections on English grammar and word choice.
Mr Kebreab Tesfay, who translated the book entitled One-Minute Manager from English to Tigrigna, edited certain parts of the book and offered several suggestions on writing Tigrigna words using the Latin alphabet.
I owe many thanks to the various professionals who shared their comments in the production of the original Tigrigna version of this book. Special thanks go to the following contributors:
Professor Asmarom Legesse, Professor Emeritus of Anthropology, offered constructive suggestions from anthropological viewpoints and wrote the foreword. I am grateful for his generous and precious information as well as his advice, which enriched the book.
Dr Yohannes Gebremedhin, as explained above, provided essential advice in ensuring the objective standards of the original Tigrigna version of this book.
Mr Solomon Tsehaye, Director of Cultural Affairs Bureau in the Ministry of Education, as well as poet, writer and cultural researcher, provided moral support and advice to ensure a quality product and offered constructive comments on the cover design of both the Tigrigna and English versions of the book. Moreover, Mr Tsehaye cooperated in identifying potential informants who are knowledgeable on the customary laws of Eritrea and introduced me to several of them, playing a great role in building trust between the interviewees and myself.
Mrs Azeib Tewelde, Director of the Research and Documentation Centre (RDC), made accessible to me essential documents relevant to the study and contributed her opinions from a gender perspective. Her encouraging attitude has positively influenced the staff of the RDC and I am grateful for their cooperation and assistance.
Mr Medin Mohammed Ali, High Court Judge, who is fluent in Arabic, assisted me in translating the Arabic version of the Customary Laws of the Sahel and the Maria Tribes into Tigrigna. His legal knowledge and fluency in Arabic was essential in understanding and translating certain principles and concepts provided in the stated customary laws. I am thankful for his valuable contribution.
I owe special thanks to Priest Berhane Zeray for proofreading, editing and layout of the Tigrigna version. Once again, I thank Mr Solomon Tsehaye for suggesting that the layout of the book be done by Priest Berhane Zeray and introducing me to him. It would have been regretful had I not spent an additional three months to proofread and edit the Tigrigna version of this book.
I extend a special thanks to the institutions and individuals that provided me with material assistance to cover the expenses of publication. Lack of funds would have been a serious bottleneck. Special thanks go to the Dutch Inter-Church Aid and International Committee of the Red Cross (ICRC) for providing funds to cover the printing expenses of the Tigrigna version. My heartfelt gratitude goes to the Foreign and Commonwealth Office (FCO) for funding the publication expenses of this book.
I am profoundly grateful to professors Mirjam van Reisen and Munyaradzi Maware, not only for encouraging me to republish this book with Langaa RPCIG, but for so graciously writing the forewords to the current edition of the book.
My heartfelt appreciation goes to Mr. Biniam Tedros Kahsay, the poet writer, video editor, writer, graphic and director who suggested and expertly designed the cover page of the book.
Finally, I thank my family members for their continuous support, love and encouragement throughout the period of the study.
Table of Contents
Acknowledgement
Forewords
Introduction
1. Objectives of the Book
2. Brief Definition, Characteristics and Background of the Customary Laws of Eritrea
2.1. Brief Historical Developmental Stages or Phases of Eritrean Customary Laws
2.2. The Codification Processes of the Eritrean Customary Laws
2.3. The Structure and Organization of the Provisions under Customary Codes
2.4. The Substances or Contents of the Customary Codes of Eritrea
3. Brief Background of the Transitional Laws of Eritrea
4. Summary of the Book
5. Limitations of the Book
6. The Challenges and Solutions for Writing the Book
Section One: Law of Person and Gender
1. Attribution of Legal Personality and Gender under the Transitional Civil Code of Eritrea
1.1 Attribution of Legal Personality under the Modern Laws
1.2. Attribution of Legal Personality under Customary Laws
1.3. Attribution of Legal Personality under the Modern and Customary Laws and Gender Equality
2. Abortion versus Legal Personality of the Fetus
3. The Best Interests of a Merely Conceived Child
4. Date of Conception or Gestation and Gender
5. Name, Family Name and Gender
6. Change of Name and Age under the Civil Code
7. Registration of Birth, Marriage and Death under the Civil Code
8. Absence and Gender Equality
9. Reappearance of Absentee and Recovery of Property
10. Guardianship and Tutorship and Gender
10.1 Guardianship in Wedlock and Out-of-Wedlock under the Modern Laws
10.2 Guardianship and Tutorship upon Divorce under the Civil Code
10.3 Guardianship and Tutorship upon the Death of a Parent under the Civil Code
10.4 Guardianship upon Death of Both Parents under the Civil Code
Section Two: Family Law and Gender
1. The Processes, Forms and Contents of A Virgin or First Betrothal
1.2 The Process and Contents of Subsequent Betrothal
1.3 Betrothal and Marriageable Age and Gender Equality
1.4 Causes for Breach of Betrothal under the Civil Code
1.5 Pre-emptive Protective Measures Against Breach of Betrothal under Customary Laws
1.6 The Effects and Compensation for Breach of Betrothal under the Civil Code
2. Procedures and Contents of Marriage Contract and Gender
3. Limitation on Expenses and Prohibition of Harmf