Customary tenure; Its implication to women’s land right and forest land Security: the case of Belojiganfoy district, Western Ethiopia

Authors

  • Habtamu Seyoum Arega ASSOSA UNIVERSITY College of Agriculture and Natural Resource

DOI:

https://doi.org/10.53555/afsd.v1i1.1781

Keywords:

tenure, land tenure, customary tenure, formalization, land right and tenure security,, forest, communal land

Abstract

The nature of land tenure system that exercised in a certain country, may have positive/ negative implication on the security of communal land, namely, that of forest and women’s land right. This situation is very intense and an important issues in the developing country like Ethiopia, at which livelihood largely agriculture. The rationale of this investigation is an assessment on customary tenure system and its implication to women’s land right in and security of communal forest land, Belojiganfoy woreda of Benishangul Gumuz Regional State. The required data for the study is generated both from primary and secondary sources. Hence the instrument used are key informant interview (from 19 respondents), focus group discussion and questionnaire from a house hold survey of 161 heads of households, review of related document and personal observation. The findings of this study confirmed that the institution of customary tenure and its rules are presently dissociated and lack recognition. However, its long year negative implication in undermining women’s land right still dominate peoples mentality and constructed as a societal traditions. Because of this reason women’s have no equal position in terms of ownership, access and the right to convey their farm land, as of their men counter parts. Again, the case of communal forest is at a risk. Because, every one use them without limit due to dissociation of the power of customary tenure, plus the absence of strong statutory legislation in the area. At extreme case, forest land and other reserved sites are massively converted to agricultural land both by investors and farmers. Due to this reason, the region and the woreda government attempt to formalize the land tenure system, by launching a gender sensitive land tenure law and with the formal delineation of forest land for protection. However, its smooth implementation are became tedious task, due to the complexity land holding issue emanating from overlapping personal and institutional interest. 

References

Adjei. A, 2011. Adapting land administration to the institutional framework of customary (ITC), University of Twente, Netherland tenure: The case of peri-urban Ghana, Faculty of Geo-Information Science and Earth Observation

African Union Commission (AUC), United Nation Economic Commission for Africa (UNECA) and the African Development Bank (AfDB), 2006 .Land Policy Initiative: Consultancy Service on Securing Land Rights in Customary Land Governance Regimes/Jurisdictions.

Akrofi. O, 2013. Assessing Customary Land Administration Systems for Peri-Urban Land in Ghana: Thesis Presented for the Degree of Doctor of Philosophy, University of Cape Town

Ampadu, A, 2013. Finding the Middle Ground: Land Tenure Reform and Customary Claims Negotiability in Rural Ghana, International Institute of Social Studies, Netherlands

Baxter. J and Trebilcock. M, 2009. Formalizing” Land Tenure in First Nations: Evaluating the Case for Reserve Tenure Reform, Indigenous Law Journal/Volume 7/Issue 2/2009 45.

Baye.M,2007. Changing Land-tenure Arrangements and Access to Primary Assets under Globalization: A Case Study of Two Villages in Anglophone Cameroon, World Research Paper No. 2007/68, Institute for Development Economics Research, United Nation University.

BelachewMekuria, 2007. Human Rights Approach to Land Rights in Ethiopia in: Muradu-Abdo (ed.) Land Law and Policy in Ethiopia since 1991: Continuities and Changes. Addis Ababa: Law Faculty, Addis Ababa University.

Belay Kassa and Manig.W, 2004. Access to Rural Land in Eastern Ethiopia: Mismatch between Policies and Reality. Journal of Agriculture and Rural Development in the Tropics and Subtropics, Volume 105, No.2, page 123-138

BGRFSS, 2004. Benishangul-gumuz region: food security strategy, Asossa, Ethiopia

BGRS RLAU Proclamation, 2010. Benishangul-Gumz Regional State Rural Land Administration and Use, Proclamation No. 85 /2010, Asossa

BGRS Rural Land Administration Directive, 2006. The Benishangul-Gumuz Region Rural Land Administration Directive No 018/2006, Assosa

BGRS Rural land Administration Regulation, 2011.The Benishangul-Gumuz Region Rural Land Administration Regulation No 44/2011, Asossa.

Bhattacherjee. A, 2012 Social Science Research: Principles and Methods

Clarke.A, 2009. Securing Communal Land Rights to Achieve Sustainable Development in Sub-Saharan Africa: Critical Analysis and Policy Implications, Lead Journal (Law, Environment and Development Journal), Volume5/2, University of London and the International Environmental Law Research Center

Cornhiel.L,2009. Land Tenure, Titling, and Gender in Bolivia, Public Law Review, School of Law, Saint Louis University.

Cotula. L, Toulmin.C, Hesse.C, 2004. Land Tenure and Administration in Africa: Lessons of Experience and emerging Issues, International Institute for Environment and Development, London.

Cousins. B, 2009. Potential and Pitfalls of ‘Communal’ Land Tenure Reform: Experience in Africa and Implications for South Africa: Paper for World Bank Conference on ‘Land Governance in Support of the MDGs: Responding to New Challenges, Institute for Poverty, Land and Agrarian Studies (PLAAS), University of the Western Cape, Washington D.C, USA.

Crewett.W, Bogale.AKorf. B, 2008. Land Tenure in Ethiopia: Continuity and Change, Shifting Rulers, and the Quest for State Control, Capri Working Paper No. 91

Dalrymple.K, 2005.Expanding Rural Land Tenures to Alleviate Poverty Centre for Spatial Data Infrastructure and Land Administration, Department of Geometrics, Faculty of Engineering, University of Melbourne, Australia

Deininger. K, Selod. H and Burns. A, 2012.The Land Governance Assessment Framework: Identifying and Monitoring Good Practice in the Land Sector, World Bank, Washington, DC.

Deininger.K, Enemark.SAugustinus.C, Faure.M, 2010, Innovations in Land Rights Recognition, Administration, and Governance: A World Bank Study, the International Bank for Reconstruction and Development, Washington, D.C, U.S.A.

ECA, 2004. Land Tenure Systems and their Impacts on Food Security and Sustainable Development in Africa, Printed at the ECA Print shop in Addis Ababa.

FAO, (Land Tenure and Management Unit), 2009. Toward Voluntary guideline on responsible governance of tenure of land and other natural resources Discussion paper, Land Tenure Working Paper 10.

FAO,2002.Land tenure and rural development, ,Rome, Italy.

FAO,2005. Access to Rural Land and Land administration after Violent Conflicts, United Nation Food and Agriculture Organization Rome, Italy

FAO, 2006. Changes in “customary” land tenure systems in Africa,Lorenzo Cotula (editor), LSP Working Paper 38, Access to Natural Resources Sub-Programme, an inter-departmental programme for improving support for enhancing Livelihoods of the rural poor

FAO, 2012. Community Level Legal Education and Support to Help Rural Women Secure and Exercise Land and Resource Rights, and Address HIV-AIDS related tenure insecurity:Mid Term Evaluation, Rome, Italy

General Studies: International Journal of Humanities and Social Science, Vol.3 No. 18; October 2013, Ghana.

George, M 2015. Women’s Land Rights: Cultural Dynamism and Decentralized Land Administration in Kenya, Global Journals of Interdisplinery Social sciences, Institute for Development Studies, University of Nairobi, Kenya.

Graduate Studies, Department of Sociology, Addis Ababa University, Addis Ababa, Ethiopia.

GTZ, 1998. Land Tenure in Development Cooperation: Guiding Principles, Rural Development, Division 450, Germany.http://www.gtz.de/lamin/

GTZ, 1999. Gender Responsive Land Tenure Development: Sector-Project Land Tenure in Development Cooperation, Rural Development, Division 4500. Germany

Habtamu Ouma, 2015. Customary Land Ownership and Its Impact on Government Interventions: The Case of Peri-Urban Areas of Jig-Jiga Town, School of

Jayne. S, Chamberlin. J, Traub. L, Sitko. N, Muyanga. M, Yeboah. K, Nkonde. C, Ward Anseeuw, W. Chapoto. A and Kachule. R, 2015. Africa’s Changing Farmland Ownership: Causes and Consequences, San Francisco.

Johnson. B and Turner. L, (2003). Data Collection Strategies in Mixed Research. In Tashakkori. Aand Teddlie.C (ed.)Handbook of Mixed Methods in Social and Behavioral Research,Thousand Oaks, Sage Publications.

Kapur. M, 2011. Two Faces of Change: The Need for a Bi-Directional Approach to Improve Women’s Land Rights in Plural Legal Systems. In Harper.E (eds.) Working with Customary Justice Systems: Post-Conflict and Fragile States, International Development Law Organization, Rome, Italy.

Knight.R,2011. The Community Land Titling Initiative: An Investigation into the Protectionof Customary Land Claims. In Harper.E(eds.) Working with Customary Justice Systems: Post-Conflict and Fragile States, International Development Law Organization, Rome, Italy.

Knight.S,2010. Statutory recognition of customary land rights in Africa: An investigation into best practices for lawmaking and implementation, for the Development Law Service, FAO Legal Office Food and Agriculture Organization of the United Nation, Rome.

Kwae. B, 2006 Conceptual Framework or Modeling and Analyzing Periurban Land Problems, InSouthern Africa, Department of Geodesy and Geometrics Engineering, University of New Brunswick, Canada.

Landac, 2015. International Conference on Land Governance for Equitable and Sustainable Development,Book of Abstract, Utrecht, Netherlands

Lankhorst.M and Veldman.M, 2011. Engaging with Customary Lawto Create Scope for Realizing Women’s Formally Protected Land Rights in Rwanda. In Harper.(eds.) Working with Customary Justice Systems: Post-Conflict and Fragile States, International Development Law Organization, Rome, Italy.

Lasserve. D and Selod. H, 2007. The Formalization of urban land tenure in developing countries, Prepared for the World Bank’s Urban Research Symposium, Washington DC,USA.

Lawry.S, Samii.C, Hall.R, Leopold.A Hornby.D, Mtero.F, 2014. The Impact of Land Property Rights Interventions on Investment and Agricultural Productivity in Developing Countries: a Systematic Review: Campbell Systematic Reviews, The Campbell Collaboration, Oslo, Norway.

Mukupa.Z, 2011. Land Administration to Support Sustainable Development: Bridging the Gap between Cultures, FIG Working Paper, Morocco.

Neves.B, Toulmin.C, Quan.J, Delville.LCotula .L, Colin.P, Chauveau. P, Cissr.S, 2006.Changes in customary land tenure systems in Africa, Cotula. L (eds), Livelihood Support Programme: an inter-departmental programme for improving support for enhancing livelihoods of the rural poor, International Institute for Environment and Development.

OFED,2011. The Belojiganfoy-woreda Five years Strategic Plan(2011-2015), by Office of Finance and Economic Development, Soge.

Paaga.T, 2013. Customary Land Tenure and its Implications for Land Disputes in Ghana: Cases from Wa, Wechauand Lambussie, Department of African andGeneral Studies: International Journal of Humanities and Social Science, Vol.3 No. 18; October 2013, Ghana.

Pantuliano. S (eds.) (2009). Uncharted Territory: Land, Conflict and Humanitarian Action, Schumacher Centre for Technology and Development, Practical Action Publishing Ltd, Warwickshire, UK.

Payne.G, Mitchell.J, Kozumbo.L ,English.C, And Baldwin.R, 2015. Legitimate Land Tenure AndProperty Rights: Fostering Compliance and DevelopmentOutcomes: Rapid Evidence Assessment, London: DAI.

Peters.E, 2007.Challenges in Land Tenure and Land Reform in Africa: An Anthropological Perspective, Working Papers at Harvard University, Center for International Development, Cambridge, USA.

ShimellesTenaw, Islam. Z, Parviainen.T, 2009. Effects of Land Tenure and Property Rights on Agricultural Productivity in Ethiopia, Namibia and Bangladesh, Department of Economics and Management, University of Helsinki, Discussion Papers no. 33.

Spoor.M and Ho.P, 20005. Whose Land? The Political Economy of Land Titling in Transitional Economies, Centre for Development Studies (CDS), University of Groningen, Netherland

Wily.A, 2000. Land Tenure Reform and the Balance of Power in Eastern and Southern Africa,Natural Resource perspectives, Number 58.

Wily.A, 2012. Customary Land Tenure in the Modern World Rights to Resources in Crisis: Reviewing the Fate of Customary Tenure in Africa Brief #1 of 5th anniversary.

Published

2021-07-17