The Legal Status of Communal Land Tenure System in Ethiopia and Its Congruency with the FDRE Constitution

Abstract

The article investigates the factors behind the dwindling condition of
communal lands and their legal status in Ethiopia in light of the country`s
international and regional commitments. As the nation is comprised of an
overwhelming proportion of agrarian community, who in addition to their
individual farmlands for crop production are highly dependent on communal
land and resources such as timber, firewood, traditional medicine, fodder
and thatching grass and places for ritual ceremonies. Currently, a
nationwide, communal land on which the life of the rural mass is based on is
admitted to be on the brink of literal disappearance. Even though a number
of factors ranging from climate change, population growth and others may
be ascribed to the dwindling of communal lands and landed resources, this
study argues, through a doctrinal analysis, that the denial of legislative
recognition on its part, categorically adds fuel to an unfettered extinction.
Thus, the writer urges government both at federal and regional (state) level
ought to accord sufficient legislative recognition of communal land tenure as
well as protection of legitimate tenure rights of the rural poor which has
survived for ages.