College of Law and Governance

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The College of Law and Governance is dedicated to education, research, and public service in law, governance, public policy, and institutional development.

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    THE PRACTICES AND CHALLENGES OF CUSTOMARY CONFLICT RESOLUTION MECHANISMS IN RURAL LAND DISPUTES: THE CASE OF BAHIR DAR ZURIA WOREDA, AMHARA REGIONAL STATE, ETHIOPIA
    (2020) ASMARE SHETAHUN ALEMNEH
    The objective of the paper is to assess the practices and challenges of customary conflict resolution mechanisms in rural land dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Key informants and FGD participants were selected based on purposive and snowball sampling methods. Purposive sampling used to select informants on the basis of their knowledge, and experience in the community about the issue in this study. Snowball sampling also used to select informants having better experience on issue studied. The total number of informants participated in this study were 61. The data were analyzed qualitatively through the use of thematic analysis. It is found that rural land disputes were instigated due to various factors like the increases in population number, scarcity of farm land, poverty, the increase in rural land value, and weak rural land administration system were the indirect causes of rural land disputes and manifested in the forms of boundary disputes, inheritances disputes, transfer of land disputes, access, and ownership disputes. The findings of this study also indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity.
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