Volume 7 Issue 2 (2018)

Individual and State Land Dispute Management Aystem in Ethiopia: Appraisal of the Legislative Framework

pp. 96-107  |  Published Online: July 2018  |  DOI: 10.22521/unibulletin.2018.72.2

Muhammed Kebie Hillo

Abstract

Land dispute composes various types of dispute which range from a simple boundary dispute to a wider ownership rights claim. In Ethiopia, the right to own rural and urban land as well as natural resources belongs to the state and the people. Land is a source of dispute in Ethiopia, just as in other parts of the world. The issue of land dispute between individuals and the state in Ethiopia arises when there is an expropriation of individual land holding by the state. An appraisal of existing legislation governing the dispute settlement mechanism in Ethiopia in line with property rights theories demonstrates that there is a limitation on the subject matter of the complaint; that the administrative body to hear grievances is not independent as it is politically appointed; and, individual disputants are required to hand over the land in order to lodge an appeal. The existing dispute settlement mechanism in general can be said to be inappropriate as the land taker is empowered to handle the dispute. This in turn makes landholders face multifaceted social and economic hardship. The dispute settlement scheme must therefore be rectified with the establishment of an independent body empowered to hear grievances, such as a specialized court convened for this purpose.

Keywords: land, land dispute, dispute settlement mechanisms, administrative body

References

Agaewal, V. K., & Owasanoye, B. (2001). Alternative dispute resolution methods. Geneva: United Nations Institute for Training and Research. Retrieved from https://www.unitar.org/pft/sites/unitar.org.pft/files/DocSeries14.pdf.

Bekure, S., Mulatu, A., Abebe, G., & Michael, R. (2006, November). Removing limitation of current Ethiopian rural land policy and administration. Paper presented at the World Bank workshop on Land Policies and Legal Empowerment of the Poor. Washington D.C.

Food and Agriculture Organization [FAO] (2002). Land Reforms, Land Settlement and Cooperatives. Retrieved from http://www.fao.org/docrep/005/Y3932T/y3932t00.htm.

Food and Agriculture Organization [FAO] (2010, December 12). Land and property rights: Junior Farmer Field and Life Schools (JFFLS) Facilitator’s Guide modules. Retrieved from http://www.fao.org/rural-employment/resources/detail/en/c/317992/.

Foundation Coalition. (2003). Understanding conflict and conflict management. The Foundation Coalition. Retrieved from http://fc.civil.tamu.edu/publications/brochures/conflict.pdf.

Georgia Department of Revenue. (2016). The Valuation of Rural Land – The appraisal process and concepts of value. Retrieved from https://dor.georgia.gov/sites/dor.georgia.gov/files/related_files/document/LGS/Training%20Program/Course_Manual/Course_IVB_Valuation_of_Rural_Land.pdf.

Law Reform Commission. (2008). Consultation Paper On Alternative Dispute Resolution. Retrieved from http://www.lawreform.ie/2008/consultation-paper-on-alternative-dispute-resolution.186.html.

Rasnic, C. D. (2004). Alternative Dispute Resolution Rather than Litigation? A look at current Irish and American laws. Judicial Studies Institute Journal, 4(2), 182-198.

Tumushabe, G. (2005). The theoretical and legal foundations of community based property Rights in east Africa: ACODE policy research series, No.12.

United Nations. (1996). Land administration Guideline: With special reference to countries in transition. New York / Geneva: United Nations.

United Nations. (2012). Toolkit and Guidance for preventing and Managing land and Natural resources conflict, Conflict Prevention In Resource-Rich Economies. The United Nations interagency Framework Team for preventive Action. New York / Geneva: United Nations.

Wehrmann, B. (2008). Land conflicts: A practical guide to dealing with land dispute. Germany: Deutsche Gesellschaft fur.

Laws

1995 Constitution of Federal Democratic Republic of Ethiopia. Proclamation, (1995, Proc.No.1/1995.Fed.Neg.Gaz.1st year No.1).

2005 Expropriation of landholdings for public purposes and payment of compensation proclamation (2005, No.455,Federal.Neg.Gaz. Year 11 no.43).

2005 Ethiopia Rural land administration and land Use proclamation (2005, No.456, Federal.Neg.Gaz. year 11 no.44).

2007 Council of Ministers Regulation on Payment of Compensation for Property Situated on Landholding Expropriated for Public Purpose, (fed.Neg.gazeta.pro.no.135/2007, year 13th, No.36).

 

Announcement

Call for Papers

UNIBULLETIN is calling for submissions to the Vol. 8, Issue 1, 2019.

Authors are invited to submit papers from the broader fields of the social sciences and related disciplines in the international context. 

All submissions should be presented only in English. Manuscripts should be send to the Editor-in-Chief via e-mail: editor@unibulletin.com

Submission Deadline: December 31, 2018.