LLM in Land and Environmental Law

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

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End date: 2019

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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.