Rural Land Dispute Settlement Mechanisms in Tigray: The Case of Humera
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Date
2011-11
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Addis Ababa University
Abstract
Tigray regional state has enacted Rural Land Use and Administration Proclamation
and regulations pursuant to the Federal Rural Land Administration Proclamation and
Article 52(2) of the FDRE constitution.
The Proclamation establishes an identical rural land administration committee across
the region irrespective of the size and nature of the rural land there. The main
objective of the research is to survey the rural land dispute settlement mechanisms in
Tigray region and examine the implication of the proclamation in the context of
Woreda Kafta Humera.
Both primary and secondary data are used for the purpose of this study. Particularly
the regions rural land use and administration laws have been analyzed. In addition
interviews, figures, and temporary certificate/Balbal collected from administration
units along with real cases have been used to analyze the power of rural land
committee. One of the major findings of the research is the existence of improper
rural land dispute settlement mechanisms in Tigray regional laws. Besides it finds out
that a farmer holding thirty hectare defacto and ten hectare of land dejure and for all
legal purpose is considered as peasant in Humera. Accordingly it deduces two major
findings from the fact that a farm land as large as ten hectare and largely producing
cash crops is administered by a committee that administers rural land of the region,
producing subsistence farming and as small as one hectare in most cases. First rural
land disputes in Humera are largely caused due to inappropriate administration
units, particularly the temporary certificate (Balbal) that the Tabia administration
has issued as it was susceptible to imitation and forgery. Second the researcher
observed disputes between squatters are being entertained and disposed by rural land
dispute settling institutions and by Woreda Kafta Humera Court. Finally, the
researcher finds out the principle of access to justice, specifically accessibility of
judicial organs, is at stake in some situations as peasants are compelled to visit both
land tribunal and Woreda courts simultaneously for a single case.
As far as dispute settlement part of the laws of the region is concerned, it recommends
the abolition of land tribunals and to be replaced by a guided customary dispute
resolution mechanism or the mix of CDR and ADR. Plus it recommends Desk
(exclusively) at Woreda level and Woreda courts to have, an administration and
judicial power respectively, over rural lands in Humera, ranging from two to ten
hectares of land. This research also suggests to the Desk, Woreda level rural land
usage administration unit, to emphasize on the peasants holding right emanates from
the decisions of regular courts for rural lands of which multiple Balbal has been
issued earlier while it replaces temporary certificate of holding. This research also
suggests bestowment of the power to order stay of execution to an organ having first
instance jurisdiction over rural land disputes than to split the jurisdiction and to
dismiss cases between squatters as per article 286 of the Civil Procedure Code.
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Keywords
Tigray regional state has enacted Rural Land Use and Administration Proclamation