llm thesis in ethiopia pdf

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LLM Thesis on: Issues of Expropriation: The Law and the Practice in Oromia

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Girma Kassa

Jifara Bitima

chanie teferie

Expropriation of private land rights involves two contradictory interests. On one side, there is a public need for land; on the other side landholders need the provision of tenure security and protection of their private property rights. Thus, it needs to keep a balance between them. To create the intended balance, legislation has to authorize the government to expropriate land rights for clear and limited public purpose under the supervision of an independent body. In this article the writer will argue that the rural land laws of Ethiopia have defined the public purpose for expropriation of rural land rights in different manner depending on the nature of the landholders. For peasants and pastoralists the public purpose requirement is defined vaguely and broadly leaving its component to be determined by public authority. However, for investors the concept is limited to the projects implemented by the government. Moreover, the writer argues that the protection of private property rights and provision of land tenure security of holders is further undermined due to the legislation failure to authorize the affected people from taking an appeal to an independent body objecting the fact that the project to which the private rural landholding is expropriated does not satisfy the public purpose requirement.

derjew fentie

In Ethiopia, expropriation and compensation measures have become a great concern due to horizontal urban expansion and development induced projects. Especially in peri-urban areas, the livelihood of farmers is affected by expropriation without fair and comparable compensation. This paper investigates the impacts of expropriation and compensation activities on livelihood of peri-urban smallholders taking Debre Markos Town as a case study area. Mixed research methods were employed. Quantitative data were gathered using a structured questionnaire and by interviewing about 100 smallholders. Qualitative data were collected in focus group discussions and by analyzing legal documents. The analysis showed a high trend of expropriation without fair and appropriate compensation as result of ignoring legal procedures of expropriation and compensation. Expropriated farmers also complained that they did not get any support from the government to use compensation money properly for further invest...

mindaye dubale

Gebeyehu Belay

Abstract. Amhara regional state of Ethiopia is one of the pioneer regional states in the country to design and to implement progressive land administration systems. Unlike most similar undertakings, the accomplishments of the Amhara land administration system are satisfactory. The strong public support is one of the key features in the Amhara land administration system. The current study focuses on describing both formal and informal settings for better understanding and for generating lessons. The Core Cadastral Domain Model is an initiative to enhance international understanding and to exchange cadastral information. Necessary modifications are applied for easier description of formal as well as informal settings in the Amhara region. The formalization process considers the needs of the landholders as well as existing tradition of the informal setting. The study identifies more similarities than differences between the current formal system and the Irist system, which was the dominant informal tenure system before the introduction of the formal system. The study underlines the importance of considering the existing informal tenure system during introduction of new formal land administration systems in Africa. Key words and terms. Legal cadastral domain model, informal setting, formal setting, land administration system, Amhara region, Ethiopia, property rights

Innovations

Wakgari K E B E T A D J I G S A (Assistant Professor of Law)

The internal displacement of persons in the context of development and urbanization is an ever increasing global phenomenon which displaces people from their homes, lands and livelihoods. This article examines the impacts of development-induced displacements of personswith the continual expansion of Addis Ababa. It also investigates the adequacy of the legal redresses available for the victims of the urbanization. Drawing on qualitative methods, the article doctrinally investigatesinto the problem from legal, policy and historical perspective. It finds that successive Ethiopian governments have been abusing power, law and policy to displace the Oromo nation from the country’s capital city. It adds that the displaced persons lost their homes, family, language, culture, identity and livelihoods. The study urges the Ethiopian government to uphold its international and national obligations of refraining from causing arbitrary displacement of persons and redress the victims. Keywords:1. Development 2. Development-induced displacement 3. Ethiopia 4. Oromo 5.Finfinnee (Addis Ababa)

Dinara Shakhmetova

Land Expropriations for Foreign Investment. Recent years have seen an increase in land contracts between Ethiopia’s government and foreign agriculture investors for “unused” land. This land is typically arid or semi-arid pastoral grazing land in lowland areas of Oromia, Afar, Gambella, Southern Nations, Nationalities, Republics and Peoples (SNNPR), and Benishangul Gumuz regions held under unregistered customary tenure arrangements. Large farming operations displace pastoralists, monopolize resources, and degrade the land, causing increasingly bloody conflicts among pastoral clans over resources.

Mizan Law Review

mestawot sime abdo

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