Rural Land Dispute Settlement Mechanisms in Tigray: The Case of Humera

Tesfay, Haftom (2011) Rural Land Dispute Settlement Mechanisms in Tigray: The Case of Humera. Masters thesis, Addis Ababa University.

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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.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Emmanuel Ndorimana
Date Deposited:	06 Sep 2018 14:38
Last Modified:	06 Sep 2018 14:38
URI:	http://thesisbank.jhia.ac.ke/id/eprint/4949

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