Institute of Development Research (1994). The constitution is commended In the following sub-topics, an attempt is made to discuss the nature of the four types of property regimes mentioned above. Only when the direct producers toil for no other but themselves will they be able to attain emancipation, and to raise their standard of living to a level consistent with human dignity. People from the north were encouraged to settle in these new areas and became beneficiaries of land grant or land purchase. In urban area, land that is acquired through lease or government grant is considered as a private possession. Although the provision lacks clarity, it must be understood as follows. Although it is not mentioned in the current lease proclamation, one can assume that all city streets, sewerage systems, parks, highways, and empty spaces must belong to the state. These are the type of land or buildings that are termed as “public domain,” (Article 1445) and the law tries to define their character. Ethiopia Phone: 251-11-5514477 Fax: 251-11-5536899 africaconsult@ethionet.et Full Citation Ayele Gebre-Mariam (2005). In this Article, we explore why homeownership is so highly valued—and whether the loss of homeownership status should impel government action. All urban land which is not occupied by private lessees is held by the government/municipality. One question that may be raised is that what can be done if the new land proclamations (urban and rural) fail to address all the issues? As opposed to the north, land in the south was freely transferable by way of sale. As shall be raised and discussed in different parts of this dissertation, the Ethiopian land is governed under two proclamations and provides two classes of land rights. expected to cure the age old land rights ills, among others by giving land to the people in tenure. [9] To see the details, all [urban] lands owned by the state or administrative bodies are to be treated as “private lands” or as “public domains” (Article 1444). Furthermore, in a well-functioning communal property situation, the users have certain rights and duties among themselves with respect to possession, use, and enjoyment of benefits from the resource. The government may allocate additional land as communal ones, if the local community needs it for some social or economic activities. Under the 1960 Ethiopian Civil Code, the term “public domain” is used for the same purpose. On the other hand, the rights of local gentries were remained unaffected because of Menelik’s decree passed in 1905 (1897 E.C), which declares that in every land allocation to northern nobles, a third or in some cases half of it should be kept to the local. The following regime (Derg) that and Land Policy in Ethiopia After the Derg; Proceedings Land is a very vital resource and source of livelihood for the majority of people in Ethiopia. This means woreda s and city administrations have the power to give and take land. As Anthony Scott has noted, “The mere existence of the institution of private property is not sufficient to ensure the efficient management of natural resources; the property must be allocated on a. However, success depends on whether other factor markets are functioning to thwart forced disposal of land to meet subsistence. By way of conclusion, it can be said that the resistance of the peasantry population (because of ignorance on the advantage of land measurement and registration), internal resistance for land reform from the landed aristocrats, most of whom sate in both chambers of the parliament. families required to sell their property by the government’s use of eminent domain, a similar issue arises, as the “fair market value” of some homes (the standard measure of compensation) is generally not enough to allow the family to purchase another home. First of all, the king shall give presents to the bishops; then to the priests, next to the deacons, and then to those who are below them. on Ethiopian The land productivity of plots rented out by female-headed households in Ethiopia is no longer lower than that of male-headed households. The study is made against the Ethiopian Constitution other and ... ownership of land by the people and the state. Agency: Sub-City Office. Although it cannot be denied that all these steps to some extent alleviated (especially the last two proclamations) the burdens of the peasantry of the south, they were not equally appreciated in the northern part of the country. The army, being better organized and having better gun power, took advantage of the situation and appointed itself as the agent of the people. Educational campaigns, starting at a young age, in conjunction with investments in the service and manufacturing sectors, will be crucial to absorb youth with limited opportunities for land ownership. USAID’s work with land tenure and property rights (LTPR) in Ethiopia began with the Ethiopia Land Policy and Administration Assessment in 2004, which led to the following projects: (1) Strengthening Ethiopian Land Tenure Policy and Administration Program (ELTAP) from January 2005–June 2008; and (2) the Ethiopia Strengthening Land Administration Program (ELAP), 2008–2013. The gabbars cultivated the hudad and delivered the entire produce to Ayele. When the Derg revealed its ten-point program of “Ethiopian Socialism” on December 20 1974, it declared that “land would be owned by the people.”. Although there is currently limited rigorous data on gendered land ownership, the best available data shows large differences between women’s participation in agricultural production and their ownership of agricultural land: 1. The primary concern for such families is not that they will become homeless—most families who lose their homes could afford to become renters—but rather that they will lose their status as homeowners. These traditional societies or groups have developed various ways of controlling land rights in different situations. expropriation is insufficient. There are also public lands, forming the remaining 20 per cent, which is … Global ESV data sets together with LULC In 1975 under socialist Derg regime, the public ownership of rural land proclamation nationalized all rural land and set out to redistribute it to its tillers and to organize farmers in cooperatives, thereby abolishing exploitative landlord-tenant relations so pertinent under the imperial regime (Crewett, Bogale, & Korf, 2008). Based on the current Federal Democratic Republic of Ethiopia (hereafter FDRE) Rural Land Administration and Use Proclamation (hereafter RLAUP) and the Civil Code, we shall also identify what kind of land falls under which regime in Ethiopia. In the absence of such assurance, the common property will be depleted quickly and will face what Hardin called “The Tragedy of the Commons”, a situation where common or open access resources exhausted quickly by unregulated overexploitation. The findings showed that informal means of accessing land predominates in the study area though mechanisms such as renting for indefinite period and purchasing deviates from both the Federal and regional rural land administration and use proclamations. Source: Arezki, Deininger, and Selod (2012). Thus, land necessary for religious ceremonies, cultural festivities, or social gatherings may be permanently allocated to the village community in common. settlement land expanded by 67.38 and 532% respectively whereas forest land, shrub land and It is believed that after the establishment of the state at the northern city of Axum, around 100 B.C, it slowly expanded southward until it took its present shape during the late nineteenth century. Customary Lands. Land tenure system in the area in turn affected the environmental resource use and livelihood security of the people. Dessaleng Rahmato (2000). The Ethiopian Orthodox Church had been the biggest beneficiary of state land grant since its establishment in the early fourth century at Axum (Ethiopian capital from 1st BC–8th AD). Let the king be generous with his wealth. Verify the owner of the property and obtain the Carta and plan at the sub-city office . After the fall of the socialist derg regime in 1991, land property rights have remained vested in the state and only usufruct rights have been alienated to farmers – to the disappointment of international donor agencies. From my perspective, I found it debatable whether land has to be owned and managed either by the state (Chines model) and/or by the private sector (Taiwan model). Caused by the new exchange law, banks were in a merger wave. Chinese land grabs in Africa: The fiction and the facts. They may also be referred to as. [4] A decline of total ESVs Land Tenure 1. 2. The native people who found themselves on the land granted to Ayele became his gabbars (the total family member was 40 people). With guidelines so unclear, it is fruitless to attempt to evaluate the contribution which land reform could make in these areas of national development. As noted by Clark and Kohler, writers on property law, “The defining characteristic of communal property is that every member of the community has the right not to be excluded from the resource.”. To implement this objective, Article 3 of the proclamation clearly declared that: “all rural lands shall be the collective property of the Ethiopian people,” and it prohibits any person, business organization (company) or other organization from holding rural land in private ownership (Article 3.2 of Proc. The condition of the peasant and the need for radical change that was advocated at the time can be easily perceived from Dessalegn Rahmato writing: How can the peasant change his condition? Even in case of allocation of such properties to specific part of society, the resources may be quickly depleted and individual members may not be encouraged to conserve unless the use and enjoyment is regulated by an internal sets of rules. However, successive implementing proclamations have violated this protection by For a lawyer, as discussed above, what property right implicates is an entitlement that is enforced by law. • Under article 40 of the current FDRE Consti tution it is underscored “The right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples of Ethiopia.” About two months ago, the streets of Hinche – nestled in the green hills of West Guji zone – were empty. In this manner, the family preserves its rights over church land. This promoted private ownership and land sale. Assume the grazing land in a village is owned by one individual while other villagers have no access or alternative food for their cattle. Evolution and Technical Efficiency of Land Tenure System in Ethiopia. degradation in the sub-watershed and needs future appropriate intervention policies in land Women's access to land is not a norm; it is a possibility. In short, the amount of compensation in the event of Join ResearchGate to find the people and research you need to help your work. [2] land reform is discussed herein as of July 1, 1969. 70/1944) that repealed this proclamation was promulgated in 1944. The decline of ESV was an indication of environmental State land in Ethiopia means, land held by Federal or Regional government or by city municipalities. International Livestock Research Institute (2002). tenure Issues in Ethiopia, (Draft), Addis Ababa © Springer International Publishing Switzerland 2015, Institute of Land Administration (ILA), Bahir Dar University, Bahir Dar, Ethiopia. The most usual types of properties owned in common are grazing lands, forest lands, fisheries, irrigation systems, underground water, water wells, village roads, neighborhood streets, and so on. Soil Conservation, Land use and [3] He kept twelve gashas and distributed the rest among his lieutenants and soldiers. Increases in the size of land holdings relative to labour and livestock ownership, the number of non-working household members and pressure for subsistence increase the likelihood of leasing out land. Accordingly, our status-preservationist approach would protect only those who would have received loans had sound lending practices been utilized and would counsel against the view that homeownership alone is adequate to ensure healthy communities. Without the need to reproduce the whole preamble, we pinpoint the main essence as follows: Whereas, in countries like Ethiopia a person’s right, honor, status, and standard of living is determined by his relation to land;… that several thousands gas has of land was grabbed by insignificant number of feudal lords while the masses live under serfdom;… that it is necessary to change the past injustices and lay a base upon which Ethiopians may live in equality, freedom and fraternity;…that development could be achieved through the abolition of exploitation of many by the few;…In order to increase productivity by making the tiller the owner of the fruits of his labour;…to provide work for all rural people;…it becomes necessary to distribute land and increase rural income and thereby laying the basis for the expansion of industry. Due diligence is conducted at … These rights are evolved indigenously within the local people. 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