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, there are a number of restrictions and prohibitions imposed on peasants holding right by the law. These restrictions include inadequate duration of rights, prohibitions imposed on transfer of holding right and absence of adequate compensation during expropriation. Because of these restrictions, peasants are prohibited to do things, whatever they want in their farmland. In doing so, by using primary and secondary data, 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/JEES/11-3-03 Publication date: March 31 st 2021
Highlights
Access to land for the rural population is essential for food security and economic development in developing countries
The 1995 FDRE constitution stated that free access to rural land for all Ethiopians, who want to engage in agriculture for living [Proclamation No 456/2005 Article 5 (1)]
Public ownership of land, restriction of free access and use right of rural land only to those who engage in agriculture for living, absence of legal pluralism are major factors which impede rural land tenure security in general and women in particular(Adal,2009:67)
Summary
Access to land for the rural population is essential for food security and economic development in developing countries. He criticized the current land policy of Ethiopia for the following reasons: “statutory land right in Ethiopia is not Ethiopian” He argued that, public ownership of land, restriction of free access and use right of rural land only to those who engage in agriculture for living, absence of legal pluralism are major factors which impede rural land tenure security in general and women in particular(Adal,2009:67). He criticized the law on the bases of presence of wide grounds of expropriation with insufficient compensation, restriction on peasants right on transfer of use right through donation, inheritance and lease and prohibition on the right to depose private property over the land are drawback of the law that affect tenure security (Seifu,2009:113)
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