The main challenges to common resources are absence of sense of belongingness and indigenous institutions in management of commons per se have been highly marginalized by different external factors. Property Rights in Northern Ethiopia; Understanding City: Addis Ababa. Economics of Land tenure and Review of the Land Bruce, John, Hoben, Allan and Dessaleng Rahmato If this is the case, any rational person will not invest his money and time for the care of the forest land, unless he is sure that the benefit of his doing is by far greater than the cost he incurred; or at least that he is sure that others will also do the same. Thus, the proclamation completely prohibited any sale, mortgage, antichresis, In any case, Articles 3 and 5 of the proclamation had restricted the rights of transfer of land very much and this had a devastating effect to all the previous land owners in the south or, The management and distribution of land was given to peasant associations (PA), which were formed to cover a minimum area of 800 ha (20, Land Rights and Expropriation in Ethiopia, Valuation and Compensation During Expropriation, Nanotechnology, Human Rights, Patent Law and the Global South: A Brief Overview, (Right to) Development and International Transfer of Technology: A Competition Law Perspective, Global Bioethics at UNESCO: In Defense of the Universal Declaration on Bioethics and Human Rights, The World Health Organization, the evolution of human rights, and the failure to achieve Health for All, The historical development of international human rights, Human Rights Legalized—Defining, Interpreting, and Implementing an Ideal, Human rights foreign policy and the role of the United Nations, Arbitration of International Business Disputes, Brownlie’s Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. Chinese land grabs in Africa: The fiction and the facts. The coming of Emperor Haileselassie I, in 1930, to the throne in the early twenty first century and his modernist approach of governance started to contribute to the declining role of the traditional land tenure system, especially to the abolition of the. families required to sell their property by the government’s use of eminent domain, a similar issue arises, as the “fair market value” of some homes (the standard measure of compensation) is generally not enough to allow the family to purchase another home. Ethiopia Phone: 251-11-5514477 Fax: 251-11-5536899 Full Citation Ayele Gebre-Mariam (2005). Obviously, people will feel that the arrangement is unjust and they may resort to violence to get access. The southern, south eastern and south western provinces of Ethiopia were brought under Emperor Menelik’s rule during the last third of the nineteenth century, above all between 1875 and 1889, Land acquired through confiscation was then distributed on three-thirds or four quarter basis. Although it is not mentioned in the constitution, urban residents are also provided with the As noted by Hoben, traditionally there was relatively little separation between political power, the control of land, and wealth. One of Haile Sellassie’s government responses to these criticisms was the establishment of a Ministry of Land Reform and Administration to deal with the matter. Land tenure also encompasses those property rights recognized and enforced under customary systems. However, successive implementing proclamations have violated this protection by Among the farmers who lease out land, those who live in the highland-areas, where land is scarce and unequal, are more likely to engage in these markets. Soil Conservation, Land use and From both theoretical and empirical perspectives, Gavian and Fafchamps (1996) find secure tenure encourages investments in soil conservation technologies in northern Ethiopia. the Land System and New Policy Initiatives in Ethiopia; [2] 721/2004 A PROCLAMATION TO PROVIDE FOR LEASE HOLDING OF URBAN LANDS WHEREAS it is provided by Article 40 of the Constitution of the Federal Democratic Republic of Ethiopia that land is […] Even in case of allocation of such properties to specific part of society, the resources may be quickly depleted and individual members may not be encouraged to conserve unless the use and enjoyment is regulated by an internal sets of rules. Article 40 of the 1995 constitution (which concerns property rights) provides that the right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the state and in the people of Ethiopia. Following its assumption of power, the Derg, started to take radical socio-economic reforms which had Marxist ethos. Furthermore, in a well-functioning communal property situation, the users have certain rights and duties among themselves with respect to possession, use, and enjoyment of benefits from the resource. This promoted private ownership and land sale. In many developing countries, land has been considered as an important economic and social asset where the status and prestige of people is determined. used to determine ecosystem service values (ESV). Geographic My argument is that since the government, as a political body, puts itself as the representative of the people, the power of administration and allocation of land property is, most of the time, vested in the hands of the state, and hence the state becomes the sole decision maker. Property value: ETB 540,018. The difference between private ownership and communal ownership is that while in the former case the owner can sell his property, in the latter case, owner members may not be able to transfer their right by way of sale, especially to non-members. In addition, both long and short-term policy measures are needed to reduce the extent to which poor farmers engage in distress transactions. 1 Mesfin Wolde-Mariam, Some Aspects of Land Ownership in Ethiopia 1 (1965, unpublished); see also Mesfin Wolde-Mariam, The Rural-Urban Split in Ethiopia, 2 DIALOUE 7 (1968) (Addis Ababa). In northern Ethiopia, traditional land tenure had had a communal character, with peasants enjoying only usufructuary rights over the land rist land. With guidelines so unclear, it is fruitless to attempt to evaluate the contribution which land reform could make in these areas of national development. Kenyazmach (commander of right wing) Arado was allotted forty gashas (1,600 ha) of land for his service in Kambata district. On the other hand, if the land is open to all, then the result will be the immediate depletion and exhaustion of the resource, in this case the grass. Usually, the land given to the churches and monasteries, as. If, for example, we look into the land ownership system in former socialist countries, land was owned by the collective or the public, but the state was the real decision maker; citizens had use right only. The potential exists for these markets to improve factor equalisation, reduce inequality in land holdings, and shift the income position of participating households. It is not the deficiencies of the system that creates rural misery, but the system itself. Thesis (doctoral)--Swedish University of Agricultural Sciences, 2003. Bahru Zewdie (1998). In any case, in this discussion, they shall be used interchangeably as the need arises. Based on the current Federal Democratic Republic of Ethiopia (hereafter FDRE) Rural Land Administration and Use Proclamation (hereafter RLAUP) and the Civil Code, we shall also identify what kind of land falls under which regime in Ethiopia. Accordingly, our status-preservationist approach would protect only those who would have received loans had sound lending practices been utilized and would counsel against the view that homeownership alone is adequate to ensure healthy communities. Therefore, alternative explanations like the minimax-regret principle might explain why banks merged in spite of lacking success. By doing so, the law once and for all eliminated any private ownership of rural land, which had started to flourish in the southern part of the country, and it overnight abolished the age-old tenure system of the country in general. far from ideal since it restricts the different land rights of use, rent, lease, endowment, and inheritance for different reasons. It must be stressed that the land legislations must be considered as supplements or modifications to the Civil Code. denying market value (fair compensation) for loss of property. Land Registration in Tigray, Northern Ethiopia, SMI, Desalegn Rahmato (1994). When many families lose these connections, whole communities suffer. According to the 1982 Constitution…the structure of land ownership seems relatively clear that, in principle, natural resources and urban land are state-owned, while suburban and rural lands are collectively owned. Land is a crucial asset in rural livelihood. Some of the land rights which emanate from ownership are the right of use and enjoyment, right of collecting benefit by renting and leasing, right to give as mortgage, alienating for consideration such as exchange or sale, and alienating for free such as inheritance and donation. In order to give additional explanation on the subject, it is proper to see the usage of the terms in some literature and legislations. BACKGROUND |The urban growth strategy of Ethiopia is primarily based on compulsory acquisition of peri-urban agricultural land from local peri- urban farmers. 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