LLM in Land and Environmental Law

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    COMMUNAL LAND TENURE AND LIVELIHOOD IN SMALLHOLDERS FARMING COMMUNITY REFERENCE FROM KEMBATA-TEMBARO ZONE, SNNPR
    (2019-05) BIRUK TADESSE ADEGO
    The thesis examines the inter-connection between communal land tenure and livelihood, factors making it insecure and led to its extinction including its legal status, among smallholders in Kembata-Tembaro Zone, SNNPR. Since the early 1980s, there has been a resurgence of research activity in the area of common property resources and growing recognition of the importance of common pool resources for rural livelihoods. Lands for grazing and wildlife, forests and woodlands, mountaintops, sacred localities, lakes and streams within the community lands are usually retained purposely as collective property in which all members have use rights and communal land is essential to the community as a source of livelihood. Theoretically, Hardin’s tragedy of commons lies in the expectation that a resource will be overused when it is part of a “commons” and points out the hazards of open access (res nullius), rights or duties have not been defined and lack of property right.He argued for the privatization of the commons for effective use. Ostrom’s new common pool resource theory, justifies protecting the commons by underlining its significance for their needs and future generations. Practically, Communal land tenure is a typical feature of many developing countries. Lands held customarily in many parts of the world have always been vulnerable to involuntary loss, particularly those that are unsettled or unfarmed; that is, lands normally held collectively by individual communities. Nonetheless, concerns are repeatedly voiced by different civil society organizations and human rights advocates that state and private interests are increasingly infringing on poor people’s rights and access to the commons. There is growing international acknowledgment of the importance of communal land and there are soft laws in the form of guidelines and declarations were set in place for the recognition and protection of communal land tenure. In addition, there are many countries legal framework that safeguard communal land tenure for the sake of the rural poor. In Ethiopia, communal land rights are largely discussed in terms of pastoral society or semi-pastoral society. However there are communal lands among the smallholder farmers as well and play a major role in diversifying the livelihoods. In addition to their individual farmlands for crop production, smallholders are highly dependent on communal land and resources such as timber, firewood, fodder and most essentially, a place for ritual ceremonies. The empirical data obtained from the study area indicates that due to a number of unregulated practices and considering it as (res nullius) ownerless property, communal lands remain insecure. It is at the verge of extinction, led to poverty and human right violation. Thus, the writer argues for amendment of land laws and effective implementation to ensure tenure security of communal lands thereby securing and diversifying the livelihoods of poor smallholder rural farmers and ensuring human rights.
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    EVALUATION OF CUSTOMARY PRACTICES AND INSTITUTIONS IN RELATION TO WOMEN‟S RIGHTS TO RURAL LAND INHERITANCE IN SNNPRS: EXPERIENCES FROM GAMO GOFA ZONE
    (2018-06) BILATE BISARE BITIRE
    This thesis critically evaluates customary practices and institutions in relation to women’s right to rural land inheritance in Gamo Gofa Zone (GGZ), southern Ethiopia. It also analyzes the legal frameworks stipulating women’s rights to rural land inheritance in Ethiopia in general and in SNNPRS in particular. Women’s right to land inheritance is well recognized under international human rights instruments. In Ethiopia, women’s right to land inheritance is constitutionally recognized as well as in other land specific legislations. Assets like land gained through inheritance is essential to women’s every day survival, economic security and so forth. Despite the legal recognition, women’s right to rural land inheritance is not effectively implemented in GGZ primarily because of gender discriminatory customary rules and practices. Moreover, the elders acting as judges in customary institutions by applying already discriminatory customary rules deny women to inherit land. Thus, this study examines the customary challenges of women’s right to land inheritance and the justifications behind the customary prohibition of women land inheritance in the study area. Its main objective was to evaluate customary practices and institutions, examine, and analyze legal instruments and identify gaps between the laws and the practices on the ground in relation to women’s right to rural land inheritance in the study area. To answer the proposed research questions and attain its intended objectives, the researcher employed a qualitative research methodology. Moreover, to show the practices on the ground, the researcher used qualitative data collection methods such as in depth, key and informant interviews, focus group discussions and personal observations. Thus, the finding of the study shows although there is legal recognition due to deeply rooted gender discriminatory customary practices and elders biased decision in some customary institutions in GGZ, majority of women are deprived of right to possess land through inheritance. To tackle these challenges awareness creation campaigns to the whole rural community, community chiefs/clan leaders and women are very important. Moreover, all three organs of the SNNPRS government should ensure the implementation and enforceability of laws that protects women’s right to land inheritance. Furthermore, courts at the district level should take and apply the family member definition provided by the Region’s rural land legislation so that women can access land through inheritance.
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    RURAL LAND DISPUTE RESOLUTION IN SECOND LEVEL LAND CERTIFICATION IN SNNPRS: CASE STUDIES
    (2023-10) MELAKU ALEYA
    First and foremost, I want to give praise and thanks to the All-Powerful God for allowing me the stamina to begin and finish my study. I would also like to express my gratitude to Hawassa University's faculty of governance and law for offering this opportunity. My sincere gratitude and appreciation is extended to my advisor, Addiswork Tilahun (PhD), for her unending support and unwavering dedication as well as for providing me with invaluable intellectual and academic guidance. She continuously encouraged me, provided care and critical feedback, supported my heartily supervision, and made encouraging comments from the beginning of the proposal to the conclusion of this thesis in its current form. I am therefore eternally grateful to her for her unwavering support. My sincere gratitude also goes to Dr. Danieal Behailu for his priceless, insightful, constructive criticism and comments throughout the proposal presentation. In addition, I'd like to extend my sincere gratitude to the Gurage Zone Butajera Area High Court for giving me this opportunity and for providing the funding and materials I needed to complete this thesis. I just want to express my gratitude to you, my friends and coworkers, for your financial and moral support. I also want to express my sincere gratitude to Gurage Zone, Meskan Woreda, South Sodo Woreda, interview subjects, and SNNPRS pertinent bureaus for supplying me with all the information and data I required. Last but not least, I would like to express my sincere gratitude to my beloved wife Kidest Demisa and my lovely mother, Mrs. Karya Mohammed, for their unending support and fulfillment of all obligations. I would also like to thank my lovely children, Nataniyme, Ruhama, and Yadonays Melaku, for their all- encompassing assistance and concern for my side of each journey in relation to God.
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    Challenges and Opportunities of Farmland Ownership Registration and Certification in Kokosa Woreda, West Arsi Zone
    (HAWASSA UNIVERSITY, 2023-11) Hamed Renki Kosora
    Farmland registration and certification are the current issues, and the government has implemented massive measures to guarantee landowner safety at different levels. This study is intended to assess the opportunities and challenges of farmland ownership registration and certification practices in Kokosa Woreda, Oromia region. A mixed research approach with a cross-sectional survey was used for this study. Simple random sampling was used to select both analysis Kebeles and sample household heads. Primary data were collected from respondents through a questionnaire, a semi-structured interview, and a focused group discussion, whereas secondary data were collected from different published and unpublished materials. Quantitative and qualitative data were analyzed using descriptive statistics such as mean percentage and thematically displayed using figures and tables. The study reveals that farmers in Kokosa Woreda have a good level of awareness about farmland registration and certification. However, it is crucial to note that land registration and certification are ongoing processes that require continuous efforts to ensure secure land rights. Similarly, the study shows that land registration and certification help to secure land rights, reduce conflicts, and access financial opportunities. Besides, this indicated that land registration and certification protect female landholder rights, reduce conflicting claims, and provide an official and transparent framework for land transactions. Also, it is shown that women gain legal proof of their rights, which can help overcome discriminatory practices, enhance bargaining power, and improve household food security, livelihoods, and overall well-being. Technical challenges, such as inadequate infrastructure, limited technical capacity, inadequate data management systems, corruption, and a lack of political will, discourage the smooth process of land registration and certification in Kokosa Woreda. This study concludes that Kokosa Woreda farmers know about farmland registration and certification, which secures land rights, reduces conflicts, and provides financial opportunities, particularly for female landholders. Therefore, it is recommended that Woreda land administration officials address these challenges and utilize modern technology to improve the land registration and certification process.
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    PRACTICE AND CHALLENGES OF INDIGENOUS CONFLICT RESOLUTION MECHANISMS IN DAMOT WOYDE WOREDA, WOLAITA ZONE, SNNPR, ETHIOPIA.
    (2023-10) MILKIAS KATARO
    Conflict exists at all levels and may arise due to the desire for political, economic and social advantages, greed, ego-related problems, injustice, inequitable distribution of resources and plain mischief. Conflict is a normal, inescapable part of life, which can occur in any relationship at any time, and it gives opportunity and it allows one to understand opposing preferences and values. This study is designed to assess the practice and challenges of indigenous conflict resolution mechanisms in Damot woyde woreda, wolaita zone in the SNNPR State of Ethiopia. The study has been carried out by focusing on; the current practice of indigenous conflict resolution method, the specific roles of indigenous conflict resolution method in promoting peace and Stability, indigenous conflict resolution mechanism applied in the study area and finally, the challenges for the effective practice of indigenous conflict resolution mechanism. The sample size of this study was twenty-six people selected through the purposive sampling. Data were collected through interviews, focus group discussions, observations and presented using narrative description. The finding of the study revealed that traditional conflict resolution mechanisms have a very significant role. The results further indicate that the relevant conflicts occurring in the study area are inheritance, land and resources particularly farm plots as manifested in the trace passing and border and marriage related issues. The study further explored the advantages of indigenous conflict resolution systems and practices to peace and stability. Indigenous method of conflict resolution system helped the households who used it, to save their money and time compared to formal court system. Based on the findings of the study there are different challenges ICR mechanism currently faces. Such as; lack of government support and the process of selecting elders for training is filed by corrupt practices. Lack of office for local elders is another challenge for these elders to perform their activity. Finally based on the study findings and conclusion drawn, necessary and relevant recommendations were forwarded by the researcher to the concerned body, especially to overcome the challenges of ICR mechanism .
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    YOUTHS ACCESS TO RURAL LAND IN SOUTHERN ETHIOPIA REGIONAL STATE: THE CASE OF WOLAITA ZONE
    (HAWASSA UNIVERSITY, 2024-03) BEREKET BEKELE FALTAMO
    In agriculturalist society, like Ethiopia, where lion share of the population relies on rural lands, the rights for livelihoods and welfare as well as access to rural land is fundamental to be capable of existence as a free and dignified human being. It is also clear that fain access to rural land threatens enjoyment of fundamental rights and freedoms. The access to rural land is one of the main concerns of the land tenure system. The right to access rural land is constitutionally guaranteed for the needy peasants, pastoralists and semi-pastoralists in Ethiopia. Thus, the main objective of the study is to assess the situation of access to rural land for youths in Ethiopian legal and policy framework as well as its practice in Wolaita Zone in respect to subjects, conditions and modalities in Southern Ethiopia regional state Diguna Fango and Abala Abaya. In order to conduct this thesis the researcher employed qualitative methodology of which both primary and secondary sources were used. Primary data were gathered principally from carefully cross reading of pertinent laws which also substantiated by data collected through interview with the youths, officials from the former SNNPR state, rural land officers from the Southern Ethiopia, Wolaita Zone rural land administration officers, from Diguna Fango and Abala Abaya Woreda rural land officers and also primary data were collected via focus group discussion conducted in both Woredas. The study revealed issues in light of conditions, subjects and modalities of access to rural land in the various land tenure system of Ethiopian; it highlighted the national rural land legal and policy frameworks and evaluated the practice in selected research areas. The basic argument made in this research is that even if the Constitution and other federal and regional laws recognized rural land grant as of right for Ethiopian needy peasants and pastoralists, the access to rural land in reality is surrounded with huge mismatch, inconformity and limitation with the laws stated and in which the access to rural land of the youth is not fully realized at all. The reason mentioned here were the nation has no flexible, sound and responsible land policy framework in order to accommodate the access right of the youth to realize the rural lands and other reasons discussed in this paper.
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    THE CHALLENGES OF CONVERTING PERMIT LAND TO LEASE TENURE: THE CASE OF GURAGE ZONE
    (HAWASSA UNIVERSITY, 2025-03) KEBEDE KASSA
    The current lease proclamation has emphasized that any urban land which has not been under lease hold system shall be permitted to be held only by lease system. Regional cabinets may specify urban centers to which the proclamation remains inapplicable for a certain period not more than five years starting from the date of the coming in to force of the lease proclamation. The urban centers referred to in sub article (4) of Article 5 of the lease proclamation may, within the transitional period, permit urban land holding through tender. The bid bench mark shall be the annual land use rent of the locality. The modality of converting permit holding in to lease shall be determined by the CM on the basis of a detailed study. Where a property attached on an permit holdings is transferred to a third party through any modality other than inheritance, the person to whom the property is transferred becomes the possessor through lease holding. This study investigates the multi-dimensional challenges regard with conversion of permit land to lease system when there is transfer of permit land to third party other than inheritance. The research has adopted qualitative research approach to in-depth investigate the issue. Failure of the council to begin a detailed study, the existence of Bureaucracy, the cost of converting or transferring fees are among the major challenges identified by the research. Accordingly, the researcher provides recommendation that CM should enact a comprehensive and detailed study to assess the current land management system.