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Land Sector Corruption in Ethiopia 297
Authority (EPLAUA) has been established. SNNPR formerly had established
an EPLAUA, but this function was subsequently transferred to the
Bureau of Agriculture and Rural Development. Oromia recently established
a Lands and Environmental Protection Office that is mandated to
administer both urban and rural land. In the other regions, land administration
is undertaken by the Bureau of Agriculture and Natural
Resources.
Amhara stands out as the region with the most capacity. Capacity in
the other regions is limited, with many approved positions unfilled. Firststage
certification of rural holdings is largely completed in Amhara and
Tigray, and these regions are planning for second-stage certification,
which will involve the survey and mapping of holdings (although there
are issues concerning the reliability of the first-stage certification in
Tigray). In mid-2008, first-stage certification was only about a third complete
in both Oromia and SNNPR.
In the regions that have established a land administration system in
rural areas, there is generally an oversight function at the regional and
zonal levels. Land records are administered at the woreda level, based on
adjudication by a kebele-level voluntary land administration committee
elected by local kebele residents. 2
In rural areas, peasants and farmers are entitled to a perpetual use
right with protection against eviction except in accordance with the
law. These holdings can be individual or community holdings. Rural
land is also available for lease. Landholders have rights over immoveable
property on the land.
In rural areas, individuals or groups of individuals have encroached on
state land such as forests or parks. Most reports indicate that wildlife
reserves and game parks exist on paper only. The Gambella National Park
has virtually ceased to exist as a conservation area; Yabello Sanctuary has
been taken over by a livestock project; Bale Mountains National Park has
suffered from uncoordinated development in and near its boundaries; and
encroachment of Nech Sar National Park near Arba Minich has been so
severe that African Parks (an international park management company)
terminated its contract and left the country. There is also significant pressure
on forest land in some regions.
There are transfer restrictions, and most regions limit the amount of
land that can be leased. Rural landholders cannot mortgage their holdings,
although an investor who is leasing land can use the lease as collateral for
a loan. There are no clear standards for the loss of rights due to environmental
and conservation laws.