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Complete Book PDF (4.12MB) - World Bank eLibrary

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Land Sector Corruption in Ethiopia 313<br />

Key public information issues that create opportunities for corruption<br />

include the following:<br />

• The spatial location and extent of registered holdings has not been<br />

defined, which reduces the ability to validate records and makes issuing<br />

forged documents easier.<br />

• Only about 25 percent of individually held urban properties have been<br />

recorded in one way or another, but the records are not reliable or<br />

conclusive—which reduces confidence in the records systems and creates<br />

opportunities for corrupt practices such as the issuance of forged<br />

documentation or the illegal alteration of records.<br />

• About 70 percent of rural holdings have been registered, but the records<br />

are not being kept up to date, which reduces the usefulness of the<br />

records and fosters future disputes over land, particularly among family<br />

members.<br />

Dispute resolution and conflict management. First Instance courts in<br />

Ethiopia are available at the woreda level, and social courts are available<br />

at the kebele level. However, in many places, even though formal institutions<br />

exist and personnel have been assigned, the institutions are not<br />

functional. In many rural areas, it can take a day or more to get to a<br />

woreda, so access can be difficult.<br />

A more fundamental problem is the fact that the laws themselves are<br />

not accessible. Language barriers and the costs required for translation<br />

can also inhibit access in some localities. As a result, about half of the<br />

local communities lack access to First Instance conflict resolution but<br />

instead have the option to use informal institutions (arbitration by<br />

elders) that are recognized by the local community in most areas of the<br />

country. However, the decisions passed by local traditional elders may<br />

not always be equitable.<br />

There are parallel avenues for dispute resolution in Addis Ababa and<br />

the regions. These alternative venues include land administration boards,<br />

land clearance appeals commissions, federal courts, municipal courts,<br />

regional courts, and other institutions with adjudication mandates. No<br />

mechanisms are in place for information sharing among institutions.<br />

Although those within the same institutional structure do meet, the collaboration<br />

and coordination across institutions is limited and often informal.<br />

As a result, three or four venues may entertain the same case at the<br />

same time, especially when one of the parties has resources. The practice<br />

in Addis Ababa involves initiating cases in two or more venues, such as

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