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Questions and Answers
What is the essence of Article 40 of the Federal Constitution regarding the right to property in Ethiopia?
The right to ownership of rural and urban land, as well as all natural resources, is exclusively vested in the State and the people of Ethiopia.
What is the right of Ethiopian peasants and pastoralists as stated in Article 40 of the Federal Constitution?
Ethiopian peasants have the right to obtain land without payment and protection against eviction, while pastoralists have the right to free land for grazing and cultivation and not to be displaced from their possession.
How can private individuals acquire land in Ethiopia, according to Article 40 of the Federal Constitution?
Private individuals can acquire land by making payment arrangements established by law.
What rights do Ethiopians have regarding immovable property they build or improve?
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What is the condition for expropriation of private property in Ethiopia, according to Article 40 of the Federal Constitution?
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What is the exclusive power granted to the Federal Government concerning the utilization and conservation of land and other natural resources in the country?
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What is the title of the first law enacted in 1997 regarding rural land administration?
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What is the scope of application of the Rural Land Administration and Land Use Proclamation, No. 456/2005?
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What is the right granted to peasant farmers/pastoralists engaged in agriculture for a living according to the Rural Land Administration and Land Use Proclamation, No. 456/2005?
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What is the nature of peasants' title to the land according to the Rural Land Administration and Land Use Proclamation, No. 456/2005?
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Study Notes
Right to Property in Ethiopia
- The right to ownership of rural and urban land, as well as all-natural resources, is exclusively vested in the State and the people of Ethiopia.
- Land is a common property of the Nations, Nationalities, and Peoples of Ethiopia and cannot be sold or exchanged.
Acquisition of Land
- Ethiopian peasants have the right to obtain land without payment and are protected against eviction from their possession.
- Pastoralists have the right to free land for grazing and cultivation, as well as the right not to be displaced from their possession.
- Private individuals can acquire land through payment arrangements established by law.
Rights to Immovable Property
- Every Ethiopian has the full right to the immovable property they build and to permanent improvements made on the land through labor or capital.
- This right includes the right to alienate, bequeath, and remove property or claim compensation when the right of use expires.
Expropriation
- The government may expropriate private property for public purposes, but must pay compensation in advance commensurate to the value of the property.
Administration of Land and Natural Resources
- The Federal Government has the power to enact laws for the utilization and conservation of land and natural resources.
- Regional governments have the duty to administer land and natural resources according to federal laws.
Rural Land Administration Proclamations
- Proclamation No. 89/1997 was enacted in 1997, but has been repealed and replaced by Proclamation No. 456/2005.
- Regional states have adopted similar rural land laws based on the federal proclamation.
Federal and Regional Proclamations, Regulations, and Policies
- The Federal Democratic Republic of Ethiopia Rural Land Administration and Land Use Proclamation was adopted in 2005 and applies throughout the country.
- Regional governments have the power to enact rural land administration and land use laws.
- Peasant farmers and pastoralists are given rural land free of charge, and may obtain land through family inheritance or donation, or through government provision.
- The means of acquisition of rural land is either through family inheritance or donation, or through government provision.
- Peasants' title to the land is only of a usufructuary nature.
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Description
This quiz tests your knowledge of Article 40 of the Ethiopian Constitution, which deals with the right to property, land ownership, and natural resources.
