Sitting at the table: securing benefits for pastoral women from land tenure reform in Ethiopia

Abstract

The pastoral areas of Ethiopia are witnessing radical change in terms of both increasingly restricted mobility and access to vital resources. A cause and consequence of such constraints has been a move toward sedentarised forms of livestock and agricultural production. This is occurring in a political and socio-economic vacuum, in which the customary institutions responsible for resource allocation and access to land are becoming weaker, and where the Ethiopian government has yet to develop a clear policy or strategy for resource distribution and tenure security in pastoral areas. To date, pastoral women's property rights have been afforded a certain degree of protection by customary institutions; however, the impact on such protection is likely to be negative as these institutions weaken. Appropriate and effective government protection for women's property rights do not yet exist. Land tenure reform in pastoral areas appears imminent, partly due to increasing conflicts over access to resources, and to the existence of such reforms in other parts of the country. This paper discusses the changing nature of pastoral land rights in Ethiopia through a detailed case study of the Boran people in Oromia Regional State. It sets the case within wider national land reform processes and makes recommendations regarding how civil society and other actors can best engage with land policy and law formulation and implementation processes to secure women's land rights.

Keywords:

• Ethiopia
• pastoralism
• Borana people
• women's rights
• sedentarisation
• land

Acknowledgements

The experience on which this article draws has been obtained working for NGOs in Ethiopia, including Save the Children USA, CARE International (funded by USAID) and SOS Sahel Ethiopia (funded by IDRC). Primary data cited comes from interviews and focus group discussions carried out for these organisations, and remains their intellectual property. The views expressed herein are my own personal reflections and do not necessarily reflect the views of these organisations.

Notes

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3. Niamir-Fuller, “Managing Mobility.”

4. Hodgson, “Gender, Culture and Myth.”

5. Hesse and Thébaud, “Will Pastoral Legislation Disempower Pastoralists”; Hussein, “Sustainable Pastoral Production”; Boku Tache, and Irwin, Traditional Institutions; Mearns, “Environmental Entitlements.”

6. Dejene, “Fuzzy Access Rights.”

7. Scoones, Living with Uncertainty.

8. Flintan, “Study on Good Practice”; Hussein, “Sustainable Pastoral Production”; IIRR, Food Security; Larsen and Hassan, Sedentarisation of Nomadic People; Adoko and Levine, “Falling Between Two Stools.”

9. Flintan, “Study on Good Practice.”

10. UNCCD, Women Pastoralists.

11. Lastarria-Cornhiel, “Privatization of Land Rights”; Leonard and Toulmin, “Women and Land Tenure”; Flintan, “Study on Good Practice.”

12. Flintan, Study on Good Practice.

13. Niamir-Fuller, “Managing Mobility”; Hesse and Thébaud, “Will Pastoral Legislation Disempower”; Hussein, “Sustainable Pastoral Production”; KLA, The Case for Women's Land Rights; Mearns, “Environmental Entitlements”; Meir, “Pastoral Nomads”; Mussa, “A Comparative Study.”

14. Shazali and Ahmed, “Pastoral Land Tenure”; KLA, The Case for Women's Land Rights; Mwangi, “The Transformation.”

15. Larsen and Hassan, Sedentarisation of Nomadic People; IFAD, “Women Livestock Managers”; Mwangi, “The Transformation.”

16. Atkinson, Taylor, and Matose, Management of Some Commons; Niamir-Fuller, “Managing Mobility”; Mearns, “Environmental Entitlements.”

17. Leonard and Toulmin, “Women and Land Tenure”; Platteau, “Does Africa Need Land Reform?”; Lastarria-Cornhiel, “Privatization of Land Rights”; Steinmann, “Gender, Pastoralism and Intensification”; Larsen and Hassan, Sedentarisation of Nomadic People.

18. Joekes and Pointing, “Women in Pastoral Societies.”

19. Athoo, “Pastoral Women.”

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21. Flintan, “Study on Good Practice.”

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25. Mussa, “A Comparative Study.”

26. EEA, “Transformation of the Ethiopian Agriculture.”

27. SOS Sahel Ethiopia, Pastoralism in Ethiopia.

28. Mussa, “A Comparative Study,” 1.

29. MOFA, “Statement on Pastoral Development”; MOFA, Sustainable Development.

30. Melaku Tegegn, “Will Good Governance.”

31. Beruk Yemane, “Food Security Situation”; Boku Tache and Irwin, Traditional Institutions; Helland, “Land Tenure”; Mussa, “A Comparative Study”; Melaku Tegegn, “Will Good Governance.”

32. Beruk Yemane, “Food Security Situation.”

33. Beruk Yemane, “Food Security Situation.” Boku Tache and Irwin, Traditional Institutions; Mussa, “A Comparative Study”; Melaku Tegegn, “Will Good Governance.”

34. Wudineh, “Ministry to Take 400,000 hct from Afar.”

35. Crewett, Gogale, and Korf, Land Tenure in Ethiopia; Luseno et al., “Community Natural Resource Management”; Bruce, Hoben, and Rahmato, After the Derg.

36. Constitution of Ethiopia (1994), Article 40(5).

37. Original Woldegiorgis, “Gender and Land Access.”

38. WAO, “Implementing.”

39. Original Woldegiorgis, “Gender and Land Access”; WAO, “Implementing.”

40. Federal Rural Land Administration and Utilization Proclamations (FRLAUP) 89/1997 and 456/2005.

41. FRLAUP 89/1997.

42. Alden, Governance and Land Relations.

43. FRLAUP 456/2005.

44. Crewett, Gogale, and Korf, Land Tenure in Ethiopia.

45. Crewett, Gogale, and Korf, Land Tenure in Ethiopia.

46. Holden and Tewodros, “From Being Property.” Compare with Daley, Dore-Weeks, and Umuhoza, “Ahead of the Game,” on Rwanda, in this issue.

47. Constitution of Ethiopia (1994), Article 40(5).

48. FRLAUP 1997, Article 6.

49. FRLAUP 2005.

50. Helland, “Land Tenure.”

51. The Afar Pastoral Land Administration and Use Policy, 2008 and the Afar Pastoral Land Administration and Proclamation No. ---/2010.

52. Luseno et al., “Community Natural Resource Management.” The exact area of Borana land is unclear due to the unconfirmed boundary between that part of Oromia Regional State and the neighboring parts of Somali Regional State. This boundary has shifted a number of times since the current federal government came to power, including the giving away of about one third of the Borana rangelands and two important well clusters to the Somali region (Homan and Rischkowsky, “Integrating the Indigenous Knowledge”).

53. Coppock, The Borana Plateau.

54. Luseno et al., “Community Natural Resource Management.”

55. Coppock, The Borana Plateau.

56. Homan and Rischkowsky, “Integrating the Indigenous Knowledge”; Boku Tache and Irwin, Traditional Institutions.

57. McCarthy, Kamara, and Kirk, “The Effect of Environmental Variability.”

58. Luseno et al., “Community Natural Resource Management”; Muir, “Customary Pastoral Institutions Study”; Boku Tache and Irwin, Traditional Institutions.

59. Kamara, “The Dynamics of Land Use”; Beruk Yemane, “Food Security Situation”; McCarthy, Kamara, and Kirk, “The Effect of Environmental Variability.”

60. Luseno et al., “Community Natural Resource Management.”

61. Kamara, “The Dynamics of Land Use.”

62. McCarthy, Kamara, and Kirk, “The Effect of Environmental Variability”, 8.

63. McCarthy, Kamara, and Kirk, “The Effect of Environmental Variability”, 8

64. Kamara, “The Dynamics of Land Use.”

65. Solomon et al., “Pastoral Dropout Study”; Luseno et al., “Community Natural Resource Management”; Coppock, The Borana Plateau; Boku Tache and Irwin, Traditional Institutions.

66. McCarthy, Kamara, and Kirk, “The Effect of Environmental Variability”.

67. Boku Tache and Irwin, Traditional Institutions.

68. Watson, “Examining the Potential.”

69. Ibrahim, “HIV/AIDS, Gender.”

70. Ibrahim, “HIV/AIDS, Gender.” Muir, “Customary Pastoral Institutions Study.”

71. Asmerom, Gada.

72. Ibrahim, “HIV/AIDS, Gender.”

73. As explained by Muir, “Customary Pastoral Institutions Study.”

74. Genet Jarso, personal communication 2009.

75. Flintan, “Gender and Value Chain Development”; IIRR, Food Security. However, the current status of siqqee is not clear.

76. Though described as “territorial” units here, it is recognised that they are defined and organised through socio-political systems that they should not be separated from.

77. CARE, CARE Borana Rangelands Development Project.

78. Watson, “Examining the Potential of Indigenous Institutions”; Helland, “Land Tenure in the Pastoral Areas.”

79. Muir, “Customary Pastoral Institutions Study.”

80. Of notable success has been the mapping, planning and implementing of activities at the local level including re-establishment of local management of dryland forests; rehabilitation of traditional water points; strengthening of dry and wet season patterns of mobility; the re-establishment of dongora seera – the principle of restricted settlement areas, where homes may be constructed; and the removal of private enclosures. See, Muir, “Customary Pastoral Institutions Study”; Boku Tache and Irwin, Traditional Institutions; Proud, “The Role of Customary Institutions.”

81. Boku Tache and Irwin, Traditional Institutions; Watson, “Examining the Potential of Indigenous Institutions.”

82. Flintan et al., “A Study on Women's Property Rights.”

83. Holtzman, “Politics and Gastropolitics.”

84. Flintan, “Study on Good Practice.”

85. Flintan et al., “A Study on Women's Property Rights.”

86. Flintan, “Gender and Value Chain Development.”

87. Getachew, “Community? Forest Management’.

88. Ibrahim, “HIV/AIDS, Gender”; Flintan et al., “A Study on Women's Property Rights.”

89. Compare with Daley, Dore-Weeks, and Umuhoza, “Ahead of the Game.”

90. Genet Jarso, personal communication 2009.

91. Flintan et al., “A Study on Women's Property Rights.”

92. Flintan et al., “A Study on Women's Property Rights.”

93. Flintan et al., “A Study on Women's Property Rights.” See Ibrahim, “HIV/AIDS, Gender,” on other rules concerning status of a marriage, separation and division of properties.

94. Hodgson, “Gender, Culture and Myth.”

95. However, in areas of Borana exposed to more “modern” styles of living, rectangular aluminum roofs rather than round grass roof huts are the norm: in these there are no divided areas for men and women, being based on urban non-Boran dwellings. It was said that there are more conflicts in these “iron roof homes,” which could be due to those households who have had greater exposure to and opportunity to gain from “development” being more likely to argue over property, as well as the lack of separate spaces and separated property challenging personal domains and identities. See, Flintan et al., “A Study on Women's Property Rights.”

96. However, in areas of Borana exposed to more “modern” styles of living, rectangular aluminum roofs rather than round grass roof huts are the norm: in these there are no divided areas for men and women, being based on urban non-Boran dwellings. It was said that there are more conflicts in these “iron roof homes,” which could be due to those households who have had greater exposure to and opportunity to gain from “development” being more likely to argue over property, as well as the lack of separate spaces and separated property challenging personal domains and identities. See, Flintan et al., “A Study on Women's Property Rights.”

97. However, in areas of Borana exposed to more “modern” styles of living, rectangular aluminum roofs rather than round grass roof huts are the norm: in these there are no divided areas for men and women, being based on urban non-Boran dwellings. It was said that there are more conflicts in these “iron roof homes,” which could be due to those households who have had greater exposure to and opportunity to gain from “development” being more likely to argue over property, as well as the lack of separate spaces and separated property challenging personal domains and identities. See, Flintan et al., “A Study on Women's Property Rights.”

98. Daniel, “Law and the Status.”

99. Flintan et al., “A Study on Women's Property Rights.”

100. Flintan, “Gender and Value Chain Development.”

101. Flintan et al., “A Study on Women's Property Rights.”

102. Flintan et al., “A Study on Women's Property Rights.”

103. Under Sharia law, if there are no children to a marriage, then a wife is entitled to inherit one quarter of wealth and property left by her deceased husband: if there are children and grandchildren then she is entitled to one-eighth. See, Sameer, Inheritance.

104. Flintan et al., “A Study on Women's Property Rights.”

105. Flintan, “Gender and Value Chain Development.”

106. Flintan, “Gender and Value Chain Development.”

107. ORLAUP 56/2002; Article 15(2)

108. Proclamation to amend the proclamations No. 56/2002, 70/2003, 103/2005 of ORLAUP No. 130/2007

109. Holden and Tewodros, “From Being Property.”

110. Boku Tache, personal communication, 2009.

111. Oromia Rural Land Administration and Use Regulation No. 39/2003, Article 5.

112. Crewett, Gogale, and Korf, Land Tenure in Ethiopia.

113. Potentially leading to further local environmental degradation.

114. Ibrahim, “HIV/AIDS, Gender.”

115. A recently set up organisation, established with assistance from the Pastoralist Forum Ethiopia, aimed at providing a forum for pastoralist voice and representation and bridging gaps between pastoralists and government.

116. Nura Dida, personal communication, 2009.

117. Ibrahim, “HIV/AIDS, Gender,” 98–9.

118. Mussa, “A Comparative Study,” 11.

119. Examples of different land tenure systems suitable for pastoral areas abound. For example, legal recognition of customary bodies allowing them to apply for funding and generate income for rangeland and natural resource management (NRM) purposes, see Muir, “Customary Pastoral Institutions Study”; the introduction of by-laws (Mussa, “A Comparative Study,” 11), Pastoral Codes or Charters (Hesse and Thébaud, “Will Pastoral Legislation”) or other legal mechanisms to allow for customary use and management of land and natural resources (Alden, Governance and Land Relations); corporate tenure in hands of customary associations enjoying long (50 year) renewable leases for land and resources (Global Drylands Imperative, “Pastoralism and Mobility”); group ranches (Joekes and Pointing, “Women in Pastoral Societies”; Mwangi, “The Transformation of Property Rights”); the introduction of legislation that recognises customary ownership as “private” property together with the customary tenure system including provision of certificates of “ownership” and establishment of community “legal entities” such as Communal Land Associations (Adoko and Levine, “Falling Between Two Stools”).

120. Alden, Governance and Land Relations; Atkinson, Taylor, and Matose, Management of Some Commons, 2006; Boku Tache and Irwin, Traditional Institutions.

121. Harrison, “The Problem with the Locals”; Watson, “Examining the Potential.”

122. Cleaver, “Moral Ecological Rationality.”

123. Muir, “Customary Pastoral Institutions Study.”

124. Afar Pastoral Land Administration and Use Law Proclamation No.---/2010.

125. This should not be confused with gender awareness training. Instead it should enable institutions to address the issues raised by gender awareness training. It should also result in generic consultation skills which can be used with respect to any social group and any issue (see Muir, “Customary Pastoral Institutions Study”).

126. A process is under way to pilot a process of “participatory rangeland management” in the pastoral areas of Ethiopia based upon good practice and lessons learnt from participatory forest management – see Flintan and Cullis, Introductory Guidelines.

127. Some kebele have been more proactive than others in working with customary institutions and in helping to curb the privatisation of resources including land, passing by-laws limiting the maximum size of plot for cultivation to 1.5 hectares per household. Some jarsaa members are also elected kebele council or cabinet members, and often customary institutions are called upon to assist in resolving conflicts including over land. There are also incidences where customary institutions have backed up the NRM regulations of the jaarsa – by applying sanctions to offenders (Muir, “Customary Pastoral Institutions Studies”).

128. Some kebele have been more proactive than others in working with customary institutions and in helping to curb the privatisation of resources including land, passing by-laws limiting the maximum size of plot for cultivation to 1.5 hectares per household. Some jarsaa members are also elected kebele council or cabinet members, and often customary institutions are called upon to assist in resolving conflicts including over land. There are also incidences where customary institutions have backed up the NRM regulations of the jaarsa – by applying sanctions to offenders (Muir, “Customary Pastoral Institutions Studies”).

129. Easton, Monkman, and Miles, “Social Policy.”

130. Genet Jarso, personal communication, 2009.

131. Muir, “Customary Pastoral Institutions Study.”

132. Muir, “Customary Pastoral Institutions Study.”

133. Ethiomedia Website, “Ethiopia Adopts.”

134. Englert and Daley, “Introduction,” 10, citing Lastarria-Cornhiel, “Women's Access,” 7.

135. Adoko and Levine, “ Falling Between Two Stools.”