Base de données Genre et le Droit à la Terre


Législation foncière

The Proclamation to Provide for Public Ownership of Rural Lands No 31 of 1975 nationalized all land throughout the country.

  • Art. 3 [1] and 3 [2] eradicate private land tenure and replace it with public ownership (14).
  • Art. 4 (1): without differentiation of sexes, any person willing to personally cultivate land shall be allotted rural land sufficient for his maintenance and that of his family.
  • Land was redistributed and allocations were based on household size. The government also followed a “land-to-the-tiller” ideology, where land was allocated on the basis of the ability to till rather than on the basis of needs (8).
  • Art. 4 (3): The law provided that 10 hectares of land is the maximum a family can possess. Able adult people were not allowed to use hired labour to cultivate their holdings (14).

Federal Rural Land Administration Proclamation No 89/1997:

  • Replaces the 1975 Proclamation.
  • Section 6(2), assigns holding rights sufficient for subsistence both to peasants and nomads (8).
  • Section 5(4): Emphasizes “the equal rights of women in respect to the use, administration and control of land as well as in respect to transferring and bequeathing holding rights” [Federal Negarit Gazeta, 1997] (12).

Land Administration and Land Use Proclamation No. 456/2005:

  • Replaces the 1997 one and acknowledges the autonomy of regional states in matters of land. Although land is still state property, regional land acts must follow and cannot contradict the country constitution and the national land proclamations. The proclamation is progressive in terms of women’s rights and codifies use rights for women and men in terms of titles that last 100 years. Nevertheless, although it does not officially recognize or support customary law, men and elite farmers, in many cases, are allocated bigger plots than women and small farmers (12).
  • Article 6 stipulates that the size of rural land shall be surveyed and that any holder of rural land shall be given a holding certificate indicating the size, land-use type and cover, level of fertility and borders and obligations and rights of the holder (8).

Among the regional land proclamations and implementation rules and regulations, the most relevant to women are:

  • Southern Nations and Nationalities People’s Region Proclamation 53/2003, Paragraphs 6 [6]; 6 [10]; 8 [1]; 8 [4]; 8 [5] and 25 [2] A (8).
  • Southern Nations and Nationalities People’s Region Implementation Rule (IR) 16/2004: IR 7.3 Marriage and Divorce; IR 12 Inheritance; and IR 13 Rural Land Lease (8).
  • Southern Nations and Nationalities People’s Region Rural Land Administration and Use Proclamation No.110/2007: Section 2, Paragraph 5 [5] guarantees equal use rights on common land holdings between husband and wife (8).
  • Proclamation of the Oromiya Rural Land Administration and Use No. 56/2002 [amended 70/2003]: Paragraphs 6.6; 6.7; 6.8; 15.2; 15.4; 15.5 (8).
  • Oromiya Rural Land Administration and Use Regulation of 2003:
    - Section 3 regulates the responsibility given with the right to access and use rural lands
    - Section 10 regulates land-use right security (8).
  • Oromiya Region Proclamation No. 130/2007 to amend proclamation No 56/2002, 70/2003, 103/2005 of Oromiya Rural Land Use Administration:
    - Art. 15 [8] guarantees that husband and wife owning a common land holding will be given a joint certificate of holding with both their names.
    - Art. 15 [9] recognizes the equal right of both spouses to have a holding certificate for their personal private holdings (8).

Sources:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.