Abstract
According to Federal Democratic Republic of Ethiopia/ FDRE constitution, land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject, to sale or to other means of exchange. Thus, the peasants have the right to obtain land without payment and the protection against eviction from their possession. The peasants are permitted by the holding right, which include the lifetime use of rural land. But, a number of restrictions and prohibitions imposed on peasants holding right by the law. These restrictions are inadequate duration of rights, prohibitions imposed on transfer of holding right and absence of adequate compensation during expropriation. Because of these restrictions, peasants are evicted to do things, whatever they want in their farmland. In doing so, this article explores the extent of land rights and limitations of peasants’ and providing some amendments of constitutional law on peasants holding right generally in Ethiopia, particularly in Amhara region. Keywords:- Land Right; Land Tenure; Tenure Security; Expropriation; Compensation; Constitution and Ethiopia. DOI : 10.7176/JRDM/60-04 Publication date :October 31 st 2019
Highlights
Access to land for the rural population is essential for food security and economic development in developing countries
The 1995 FDRE constitution permitting free access to rural land for all Ethiopians, who want to engage in agriculture for a living
Conclusion Currently, in Ethiopia all rural lands and natural resources are vested in the hands of the state and the people
Summary
Access to land for the rural population is essential for food security and economic development in developing countries. Access to land is an effective tool for poverty reduction (Gerstter, 2011, p.5). In Ethiopia, rural land is a central element in the overall development and agriculture is a main source of income and livelihood for a segment making 85 percent to 90 percent of the country’s population (Zewdu, 2002, p.23). The 1995 FDRE constitution permitting free access to rural land for all Ethiopians, who want to engage in agriculture for a living. The peasants are entitled to the holding rights which include the lifetime use of rural land for agricultural purposes as well as lease [Proclamation No 456/2005 Article 5 (1)]
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