The Need for Rural Land Tribunals in Ethiopia: A Case Study of Southern Nations, Nationalities and Peoples Regional State
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Date
2021
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Addis Ababa, Ethiopia
Abstract
This study proposes for the introduction of land tribunals at kebele and woreda levels and land benches in higher courts and Supreme Court in Ethiopia in general and SNNPRS in particular as a solution for problems faced by the existing rural land disputes settlement system. The study adopted qualitative research methodology in investigating the research topic under consideration. The review of literature and relevant legislations; review of experiences of some selected jurisdictions which have introduced land tribunals; and analysis of qualitative data obtained from informants through interviews have been used to identify problems faced by the existing RLDSS in SNNPRS and to substantiate the arguments for introduction of land tribunals and land benches therein. The study has identified inaccessibility of judicial services to the majority of the rural community owing to absence of judicial body handling rural land disputes at kebele level; higher costs of litigation; delays and absence of adequate treatment of rural land disputes as problems faced by the existing rural land disputes settlement system in SNNPRS. The study argues that the introduction of land tribunals both at kebele and woreda levels and land benches in higher and supreme court of SNNPRS can resolve such problems by: making accessible judicial services to the rural community at local level, relieving the burden on regular courts entertaining a wide range of cases and thereby promoting timely disposition of rural land cases and reducing costs of litigation attributable to delays and absence of judicial services at the local level and making available special expertise needed in the adjudication of rural land disputes. The study concluded that there is a need for setting up rural land disputes settlement system in Ethiopia in general and SNNPRS in particular that can address the problems identified in this study and that can be achieved through the introduction of land tribunals and land benches exclusively dealing with rural land disputes. Finally, the study recommends for the introduction of land tribunals and land benches exclusively dealing with rural land disputes as a way out to the problems faced by the existing rural land disputes settlement system.
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Keywords
Land Tribunals, Kebele, Land Benches, Rural Land Disputes, Rural Land Disputes Settlement System, SNNPRS, Woreda