Proclamation No. 89/1997

FEDERAL RURAL LAND ADMINISTRATION PROCLAMATION

WHEREAS, as a result of the bitter struggle waged by the Nations, Nationalities and peoples of Ethiopia, it is confirmed in the Constitution of the Federal Democratic Republic of Ethiopia that the right to ownership of land is exculsively vested in the State and in the People; WHEREAS, Article 52(2)(d) of the Constitution provides that Regional Governments are empowered to administer land and other natural resources in accordance with Federal laws; WHEREAS, the implementation of said provision calls for the promulgation of a rural land administration law that is of a general scope and consequent identical application to all Regions; NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution, it is hereby proclaimed as follows.

PART ONE

General

1. Short Title

This Proclamation may be cited as the “Federal Rural Land Administration Proclamation NO. 89/1997.”

2. Definitions

Unless the context otherwise requires, in this Proclamation:

1) "Region" means a Region specified, under Article 47 of the Constitution, as a member of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa Administrations;
2) "rural land" means all land outside the boundaries of a municipality or outside an area which the respective Regional Council, in consultation with the appropriate body, designates as a town;
3) "holding right'' means the right any peasant shall have to use rural land for agricultural purposes as well as to lease and, while the right remains in effect, bequeath it to his family member; and includes the right to acquire property thereon, by his labour or capital, and to sell, exchange and bequeath same;
4) "distribution of holdings" means a rural land allocation measure taken at intervals, upon decision of the community, with a view to assigning holding rights in a fair and proportionate manner as well as to demarcating land for communal use by peasants;
5) "family member' means anyone permanently living with a person having holding rights, by way of sharing the means of livelihood of the latter;
6) "land administration" means the assignment of holding rights and the execution of distribution of holdings.

3. General Reference

The provisions of this Proclamation set out in the masculine gender shall also apply to the feminine gender.

PART TWO

General Provisions on Land Administration

4. Principle

Land is a common property of the Nations, Nationalities and Peoples of Ethiopia shall not be subject to sale or to other means of exchange.

5. Conditions of Land Administration

1) Any Region shall administer rural land in accordance with the general provisions of this Proclamation.
2) For purposes of implementation of the provisions of sub-Article (1) of this Article, each Regional Council shall enact a law on land administration.
3) The land administration law of a Region shall be in conformity with the provisions of laws on environmental protection and shall observe the Federal land utilization policies.
4) The land administration law of a Region shall confirm the equal rights of women in respect of the use, administration and control of land as well as in respect of transferring and bequeathing holding rights.

6 Contents of a Land Administration Law

A land administration law enacted by each Regional Council, shall:

1) ensure free assignment of holding rights both to peasants and nomads, without differentiation of the sexes; as well as secure against eviction and