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"Land
Tenure Systems in Ethiopia - with a Case Study of the Ogaden"
Yacob Arsano, Ref. No
073
This historical overview
of the Ethiopian land tenure system gives a detailed background to the land
situation through to the present day.
Throughout history the
peasantry in Ethiopia was heavily burdened with taxes and services which they
had to provide for the state and church. In addition, right until the beginning
of the 20th century, conquests resulted in the capture of many people who
were enslaved.
The 1931 Constitution
and Land Policy declared that all powers were vested in th Emperor who had
the prerogative to grant titles and privileges and pension land. Whole areas
which had traditionally been agro-pastoral and pastoral land were granted
by the state to local rulers and state employees.
Neither the 1955 Constitution,
the 1960 Civil Code, the 1975 Land Reform nor the 1988 Constituion seemed
to have in any way improved the situation of the pastoral community. On the
contrary they entrenched the power of the state. More recently the1991 transitional
government's economic policy document, refers to the situation of pastoralists
"as areas of special problems" but does not say anything about the legal and
institutional issues of access to land. In 1994, however, the Consitution
referred specifically to the Ethiopian pastoralists as having a right to free
land for grazing and having a right not to be displaced but still the state
was declared owner of the land.
The Ogaden case study:
The inhabitants of the
region are mostly Somali people whose society is based on clanship.
Water is a scarce resource
in the region and traditionally determines the mobility of the pastoralists.
The incidence of water harvesting for money transaction is increasing. Pastoralists
are supposed only to have usufruct right of the land but believe that the
land belongs to them. This is source of tension between them and the state.
Recently further unrest
took place because land which agropastoralists wanted to use was given over
to open camps for returnees. The concentration of people on these camps gives
rise to a number of environmental problems and suppresses the pastoralsits
means of survival. In addition, this region is one where natural gas and oil
may be extracted in the future and that will further curtail their activities.
The pressure on land
will be further exarcebated by the government trying to settle returnees who,
for the majority, would like to live off the land. Some have customary rights
to it while others do not but still want to work the land.
The author concludes
this study with a number of recommendations:
- there is a pressing
need to devise an appropriate land tenure policy which will curb the privatisation
of pastures for agricultural use
- a proper system of
compensation must be devised in cases where land is needed for large-scale
socio economic development activities to facilitate the already existing sedentarisation
of pastoralists
- clearly to determine
pastoralists’ rights and obligations both towards the state and other pastoralists
groups
PENHA should be involved
in research endeavours on pastoral development in Ethiopia where new thinking
is very much needed. In addition further research based on fieldwork should
be considered in order to produce critical policy alternatives for pastoral
development and land tenure.
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