Urban Land Management Practices and Challenges from Its Good Governance Perspective: The Case of Gelan and Lega Tafo- Lega Dadi Towns
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Date
2023-07-01
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Addis Ababa University
Abstract
Urban land management practices have presented some unique challenges that can complicate states' ability to recognize and enforce property rights and deliver public services. Good governance in urban land management becomes challenging in towns as urban land management practices and processes are generally weak and surrounded by poor governance in urban land management. Therefore, the objective of this study was to assess the challenges and practices of urban land management from good governance perspectives in two selected towns in Ethiopia. To achieve the objectives of the study both qualitative and quantitative research approaches were employed. Data were collected from 391 households through questionnaires, interviews, and focus group discussions and analyzed descriptively. The findings of the study revealed that urban land tenure rights of indigenous communities were not protected in urban areas in practice, due to a lack of a legal framework that considers the relation of the indigenous community with the urban land, consequently, aboriginal communities were often marginalized and vulnerable to socio-economic challenges. Undefined land for a public purpose cannot encourage landowners to use their land efficiently, because public land is transferred to undefined private users in the name of public purpose, and the scope of public use was unknown because of the power of expropriation conferred on the state is broader and creates insecurity. The process of recognizing urban land rights did not conform to the norms of the people and the mechanisms used by institutions to stop illegal settlements with coercive measures by forcibly demolishing illegal buildings in towns, leading to a socio-economic crisis. The restriction on transfer pricing of unused land to discourage speculators has not been stopped as the transaction is conducted through smart and binding deals brokered. There were no responsible bodies that evaluate the implementation of the land policy according to established principles and take responsibility for failures at all levels. The process of urban expansion has not been respectful of existing land rights, transparent and participatory in decision-making power and the process sometimes destroys existing land use rights and unconsidered the right of indigenous land users. The valuation of the urban land compensation did not correspond to market prices and the expropriation of the property took place without sufficient discussion. Urban land-use planning and regulations have been unable to cope with urban growth and effectively control urban expansion, address the identity and equity problems, and lead people into informality. vi Urban public land management is hampered by the lack of clear policies, strong institutions, transparency, and public participation, and cannot be controlled according to land use planning. Besides, the urban public land management in the study areas still suffers from a lack of proper record-keeping, inaccessibility of data, and lack of mandatory modalities for connecting geospatial infrastructure to the national network, and capacity limitation, and resource bottleneck in the implementation of urban land in towns. The land-based constitution of the Federal Democratic Republic of Ethiopia has numerous shortcomings, ranging from its wording to the definition of the basic parameters of the relationship between the state and the people. Again, urban land proclamations provide some guarantees of land rights and some rights for regional government, but there is no national guiding principle for urban land and coordinating body for policy discussions. Furthermore, the urban land sector has been controlled by influential individuals to exploit the power of the state for their ends, as the urban land management structure is weak and an extreme form of large-scale corruption through state capture occurs. In addition, urban land management failed to implement the principles of good governance in day-to-day activities. Hence, corruption and weak governance in urban land
management particularly affect the livelihood of the poor residents. These results constrained development by increasing business risks, reducing incentives to invest, and restricting access to credit in towns. While other groups, like risk takers, bribe officials to bypass the restrictions of land-use zoning laws (such as green spaces) and enforcement of environmental protection regulations. Therefore, the weak governance in urban land management adversely affects the socio economic development of the towns. Based on the findings of this study, revisiting the land policy through consultation and involvement of the relevant stakeholders is recommended. The government has to define the relation of indigenous communities to land rights and take into consideration when the urban land is needed for a public purpose and the government has to clearly define the scope of "public interest" to avoid ambiguities while interpreting and implementing any transfer of urban land to investors. Finally, the government needs to reconsider legal regulations that promote transparency, accountability, and trust between the state and the people through the successful implementation of good governance principles.
Key words: Good governance, land governance, urban land management, challenges, effects