LLM in Land and Environmental Law

Permanent URI for this collectionhttps://etd.hu.edu.et/handle/123456789/177

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Start date: 2018End date: 2019

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    CERTIFICATION OVER CERTIFICATION AS URBAN LAND TENURE CHALLENGE: THE CASE OF HADIYYA ZONE
    (2018-05) GETISO DETAMO MEKEBO
    Given the lack of a formal urban registration system in Ethiopia, registration and certification in urban centers are normally linked to the provision of land for new holdings or transfer of use rights for existing landholdings. It also relates to regularization process of informal settlements and current pilot works on urban land re-registration towards securing urban land rights. The purpose of registration and certification in urban land administration is aimed at securing urban lands for the landholders because secured tenure is a precondition to reap all the benefits accrued from urban land rights. In relation to registration of urban lands, this research considers COC as one of the major challenge of good urban land governance. COC is a scenario in which the same urban plots are entitled and certified for more than one person. In answering the research questions, the thesis involved a combination of doctrinal legal research and largely supported by qualitative data. To this end, the findings of this study uncovered hosts of problems such as; legal double or multiple allocations through earlier permit systems, issuance of forged receipts or titles and concluding illegal oral contracts. Further, regularization process of illegal settlements and existence of informal legal settlements without due documentation and serious corruption in urban land sector are also among the hosts. As a result, urban landholdings are insecure which has compromised all synergy of lease/use rights of the holders. Thus, some are beneficiaries and some others like vulnerable persons are victims. In a nutshell, this study identified that the urban land- to-landholders relationship is in a vicious circle and hence, COC is one of the manifestations of weak urban land administration.It recommends the enhancement of good governance in urban land administration and unreserved political commitment thereof towards ensuring secure urban land lease/use rights.
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    EXPROPRIATION OF PERI-URBAN LANDS IN SNNPRS: EXPERIENCE FROM HADIYYA ZONE
    (HAWASSA UNIVERSTY, 2018-06) ASHENAFI ABREHAM JORGE
    This paper critically examines the laws applicable for expropriation of peri-urban lands in SNNPRS and the adequacy and fairness of the amount of compensation and the existence of public purpose. The paper also tried show the process of expropriation in existing laws and regulations in SNNPRS such as regulation No. 123/2015 and Directive No.08/2015, both laws were issued to implement the federal Lease holding proclamation No.721/2011. In conducting this empirical research, the author has utilized both case study and qualitative legal research, where one particular expropriation case is studied carefully. Among primary sources interviews, focus group discussions, and laws were utilized. And also relevant literatures were used as secondary sources. This paper also reveals the existence of great discontent by the evicted landholders due to payment of inadequate amount of compensation because of improper and unreasonable methods of calculating compensation. However, the FDRE Constitution and its counterpart of SNNPRS constitution provided for secured and lifetime use right over rural landholdings and also provides for payment of ‘commensurate’ amount of compensation in advance. In addition to this, this study has also revealed the circumstances in which public purposes are not implemented in harmony with time and manner agreed. The peri-urban farmers who were evicted of expropriation were unable to be reinstated to their former economic as well as social positions due to delay and inadequacy of compensation and absence of dedication by the expropriating authorities to help them rehabilitated. Moreover, the basis of calculation provided under the expropriation proclamation is unreasonable and could not be a basis for ‘commensurate’ amount of compensation. The author suggested the regional state to issue implementing directive for the federal expropriation proclamation and require the government to pay interest for the evictees based on the delay in cases where possession is taken before compensation is paid.
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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.