Professional Documents
Culture Documents
RESEARCH PROPOSAL
JANUARY, 2020
DEBREMARKOS, ETHIOPIA
1
Table of content
Contents pages
CHAPTER ONE..............................................................................................................................4
1. INTRODUCTION.......................................................................................................................4
2
1.8.5 Rural land certification in Amhara region.....................................................................11
REFERENCE................................................................................................................................19
Appendix 1.....................................................................................................................................20
Appendix 2.....................................................................................................................................22
Appendix 3.....................................................................................................................................23
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CHAPTER ONE
1. INTRODUCTION
4
and controlling rural land in Ethiopia. The main challenge for an effective implementation of
women’s right to rural land in the country is largely attributable to negative attitudes and harmful
practices which deny women’s right to own, administer property and control the rural land.
Moreover, women do not have a customary right to inherit land from their family, and the
control of land during marriage falls chiefly in the hands of husbands.
On the other hand, the Federal Democratic Republic of Ethiopia (FDRE) Constitution recognizes
gender equality (FDRE Constitution, Arts, 25, 34, 35 and 40).the revised family laws, adopted
following the FDRE Constitution, also recognize the equality of men women in all aspects
particularly regarding the ownership and administration of personal and common property.
Furthermore, the Ethiopian government has enacted rural land administration legislations which
recognize a women’s right to the rural land. Land registration and titling, which are aimed,
interalia, at censuring women’s right to and control over rural land in the country have also
been implemented in four regional states including Oromia region, Tigray region, the southern
Nations Nationalities and peoples region (SNNPR) and Amhara region. Gender polices are also
introduced both at the federal and states levels. Moreover, institutions responsible for the
empowerment of women are established in the country.
Despite the commitment of the government in recognizing a women’s right to possess and use
rural lands, the customary laws and practices, which deny women’s equality with men, are still
prevalent in several communities. Women generally lack the legal awareness on their right to
and control over household lands. The government authorities at kebele (lowest administrative
unit) level are also highly hesitant to enforce the legal rights of women. Guzman woreda is one
of the woreda where rural land certification has been implemented within the frame of regional
program and stated in 2002.It is now ongoing process in the region even though the researchers
are conducted to see the impact of certification on the equality of women’s tenure security most
of them are done Wollo, Bahirdarzuria and Ankush gugsha woreda and Gondar zuria, so
considering this fact this study will be done in kebelewenka which are located in Guzman
woreda.
5
improvements in production and land management. It shapes social relations and contributes to
social stability or rather, situations of tenure insecurity contribute to social instability and
conflict. Tenure security influences the sharing of benefits from agricultural activities among
different individuals and groups, within both households and communities. It can also have an
impact on people’s ability to access credit. Poor rural people and marginalized groups have little
access to land and weak tenure security. Typically, women have weaker rights than men and are
often excluded from key decisions regarding land access and use. Aiming to increase tenure
security, Ethiopia has employed land registration and issuance of certificates with a relatively
lower cost and shorter time than other African countries (Dininger et al.2006:2).It has been
argued that the certification process in Ethiopia has positive effects in increasing tenure security
through investments on land, land rent, women’s property right and the ability to receive
compensation for terminated use rights (Deininger et al.2009:254).
Land registration and certification system provides the means of reduction boundary conflict.
Land tenure security is believed to be important in improving investment in land, land
management and sustainable use of natural resources. The land reform in the dergue regime
which was implemented in 1975 was the problematic area of the land reform which results
frequent land distribution. It was believed that fragmentation of land, insecurity of tenure and
shortage of farm inputs were the result of land distribution. In addition, it is also pointed out that
land improvement measures were not carrying out by many landholders such as tree planting,
terracing, fencing and manure etc. Because of the fear that they would not be compensated for
the development they made in their land. Conversely the current government policy trends
disclose that the chance to carry out land distribution looks to be very little or would not happen
at all. This may be an important measure to guaranty land holding rights by granting a certificate
of holding as legal evidence. To these end the land administration institute is established at a
grass root level (NZIOKI 2006).
Another significant nature of the problem lays with the fact that certification in the Amhara
region is a recent under taking which possibly creates knowledge gap in terms of its effects.
Despite the fact that land certification has been implemented over the past seven years, little is
known about the effects of certification on tenure security, investment in land, dispute over land
and the perception of farmers about security of land rights.
6
The current government has taken measures women’s affair for federal up to Keble level but in
practice does not get direct support to women’s problem on their land. Even certification has
good effects to implement tenure security on women’s equality some gaps are observed between
the implementation and policies in practice. In order to avoid this problem, the study will
illustrate following possible solutions, improving the community awareness by providing enough
training to avoid women participation and by using computerizing system during land
registration and certification in order to keep documents carefully and access to information in a
simple way. Therefore, this research is designed to critically investigate the impact of land
certification on the equality of women in east region inwenkakebele which are located in
Guzman woreda.
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What is the perception of women on tenure security before, during and after land registration and
certification?
What are the side effects of land registration and certification in the study area?
In what way land registration andcertification achieve women’s equal land right?
Besides, this research would also be a good reference for all other researchers interested in
conducting further research in the area.
Furthermore, the findings of the study would give adequate and reliable information to
nongovernmental organizations and individual activists who concern on the protection and
enforcement on the right of women.
The study will have increase awareness of women’s regarding to land certification process. Also
it reduce land holders conflict which related to land and boundary conflicts, increasing
productivity and saving land holders time to complain woreda office, in case of land dispute
because, land administrative bodies can get a lot of information from the result of this study and
helps to the occurrence of land dispute and find out alternatives.
8
The study would be conducted in Guzman woreda, and aims to assess the impact of land
certification on the equality of women.
Lack of organized data for the study area, time and finance constrains, .
Since the writer is a student, financial constraints would be one of the major problems that
will affect to conduct this study in depth, .
Insufficiency’s of available sources of information eventhoug those are a limitations but I have
been used some olternative methods to achieve the objective of the study, for instance by
borrowing personal computer from classmate students, by referring other related materials, by
asking my advisor and lectures, by giving additional time to the study on this way I may
successes the objective..
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1.8.2 concept of land right
The rights are described as rights to occupy home stead, to use land for annual and
perennial crops, to make permanent investments, and to have access for grazing
animals, grazing fuel, wild fruits and thatching grass, mineral (ADAMS. et. Al,
1991,p1).
10
importantly, the above definition illustrates more of the mode of land holding and
the way benefits are distributed between individual citizens. In connection to this,
the current land tenure in Amhara region denotes that the rural land is categorized
in to four major holding types. These include communal, state, private and common
and joint holdings (the Revised ANRS rural land administration and use
proclamation No 133/2006, Art 10).
According to FAO (2002) land tenure is defined as “the relationship, weather legally
or customary defined, among people as individual or group with respect to land.”
Moreover, land tenure is an institution, i.e. rules invested by societies to regulate
behavior. Rules to tenure to define how property rights to land are to be allocated
within societies. They define how access is granted to rights to use, control and
transfer land as well as associated responsibilities and restrictions. In simple terms,
“land tenure system defines who can use what resources for how long and under
what condition (FAO, 2002).
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community, tribe or clan and all pieces of land acquiring through allocation by the
chief or head man or inheritance, remained in perpetuity, the exclusive property of
the concerned households as long as the allotted continued belonging to the
community and actively utilized the land. Another essential feature in customary
land tenure was the issue of land administration. Land was administered by chiefs,
head man, clan or tribal and elder; ownership was bested in the respected
community such as a tribe or clan which was not recognized by the state. However,
for instance now a day’s legal recognition of customary land rights increasing in
Ghana, South Africa, Zambia, Uganda and Mozambique (IBID, 2006, P 106).
Customary tenure rights and restrictions obeyed by a society are not written but
literally based custom (Burns, Grant et al, 2006). Hence customary tenure is still
existing and common is most parts of Africa.
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1.8.5 Rural land certification in Amhara region
Land certification refers to the evidence of the provision rights to land(Lyons and
Chandra, 2001, p3).Amhara region has developed a land administration
system(LAS) that consolidates rights to rural land and the system is under
implementation in the whole region. The primary objective of land certification
program carried out in the Amhara region is a means to achieve the end of result
rather than an end by itself. Moreover, land certification has social, gender,
financial and economic implications. It creates gender equality to access land
possession (Holden, 2008).
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land registration, over all women’s right in land were insecure. However, the land
registration has brought a radical change in the pattern of the land access and
ownership for women in the region. ide is restricted to women’s access to land.
Women are responsible for between 60 and 80 percent of food production in
developing countries. Yet they rarely own the land they are working on, have tenure
security or control over the land. They often have limited decision making power
and control over how to use the land or its outputs. Women and men’s de jure
access to land is regulated by the formal legal system, and in many developing
countries similarly through customary law. There are many examples of how the
two systems can both prevent and promote women’s access to land. The formal
legal systems in many countries have constitutions or land laws that grant gender
equality in access to land but where laws for marriage, divorce and inheritance
contradict these laws by discriminating against women and daughters. While
systems of customary law regarding land tenure in pre-colonial Africa often granted
women access to land, this right was lost in many cases with the introduction of the
idea of individual ownership. Women’s access to land and property is central to
women’s economic empowerment, as land can serve as a base for food production
and income generation, as collateral for credit and as a means of holding savings for
the future. Land is also a social asset that is crucial for cultural identity, political
power and participation in decision making. Women’s equal access to land is a
human rights issue. It also has other benefits. Evidence shows that women’s land
rights reduce domestic violence that women who own land are more capable of
exiting violent relationships and negotiating safe sex. Agricultural production and
food security also increase when women are granted tenure security.
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state rural land administration and use of the Amhara National regional state 2006,
p70).
Concerning to the level of land certification it is suggested that land registration and
certification is the highest level of formalization of ownership rights in private
property systems (Mel med Sanjak and Lastarria cornhiel 1998).It has been
indicated that in a situation where there is a well-functioning tenure systems that
can protect land rights certification may not have a significant role to secure land
rights. According to Nzioki (2006), in the Ethiopian context “land certification is an
attempt by the government to provide security of tenure and protect the use rights
of land holders by registering their holdings and issuing certificates that are
further guarantee to holders from facing another loss through land redistribution at
least for a period of 20-30 years ‘’(Nzioki2006).Moreover ,it is illustrated that the
land certification is being applied carful with a great concern in Amhara region at
the pilot level ; nevertheless, there is a considerable doubt of knowledge about the
legal states of certification and have not enough knowledge as to what extent land
holders are convinced. Hence, the ultimate goal of certification is to protect and
holding and land use rights of holders by undertaking registration and provide
holding certificate to individual land holders and to confirm that holding and land
use rights are legally secured.
It is also suggested that land certification process was rather decentralized,
participatory and transparent. The program was focused on the issuance of
certificates rather than tittles, and emphasis on gender equality assists the program
to avoid some of the problems raised in literature on land titling process in Africa.
In addition, access information about the process was equally clear for both females
and the poor. As it was participatory, field process was long enough to identify and
to solve conflicts locally (Deininger, Ayalew et al 2008).
Before precede the next section it is necessary to explain the meaning of terms like
land titling and land certification based on literature. The term land titling is
commonly used in the literature. Lyons and Chandra (2001) define the terms as
“land titling” is “land registration”, this is to mean that land registration is the
process of registering holding rights in land whether the form is indeed or title,
15
whereas “land title” refers to “the evidence of a person’s rights to land”. In
connection to this certification is a process of registering land under holding and
next issuing the certificate of holding as an evidence to ensure that rights are legally
secure (Lyons and Chandra 2001). In the same analogy, the revised land law is
clearly stated it that “the holding certificate is a legal certificate of the holder
(No.133/2006).
Therefore, as indicated above these terminologies “land titling “and “land
certification “mainly refers to the process of registering holding or use rights in
land, whereas “land title and holding certificate” are terms used to indicate the
evidence of a person’s holding or use right’s to land. In this case, it should be clear
that the terms are used to address the same issue and can be used interchangeably.
The primary objective of the land certification program carried out in the Amhara
region is a means to achieve the end result rather than an end by itself. Moreover,
land certification has social, gender, financial and economic implications. However,
it is argue that complete benefit of certification is likely to be achieved only when all
land administration components are operational and efficient (Lyons and Chandra
2001).The potential benefits of land titling are presented in figure 1 below to give
more insight about the multiple paths of titling to bring benefits
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rights are extinguished or land is sequestered by the state, and to adjudicate in cases
of conflict (ECA2004).
Besides, tenure insecurity may be arose from a sense of lack of different types of
rights such as single rights, combination of rights , duration of rights , certainty of
retaining rights from actual or risk of dispute over rights ,risk of expropriation of
all land rights (place 2009). On the other hand, increasing scarcity of land in the
presence of high rate of population growth, possibly along with a legacy of
discrimination and highly inequitable land access, implies that many historical and
contemporary conflicts have their roots in struggles over land (Bell 2006). As
indicated above, disputes over land can be manifested in many basic ways. Land
disputes may be occurred when the land law is week to protect the rights of
individual land holders, the feeling of insecurity on single and combined rights and
also scarcity of land because of the high rate of population growth.
Basically, land related disputes can be of two types. These are disputes between
individuals and disputes between an individuals and disputes between an individual
citizen and the administration. The first deals with the term adjudication as a
dispute resolution mechanism that is usually referred as “the ascertainment of
existing rights in land for purpose of first registration”. Furthermore, disputes
between individuals refer to for example, boundary conflict between two
neighboring parcels owners. Whereas dispute between individual citizens and the
administration refers to dispute arise in the time of interventions that can result the
expropriation of the land holder when land is needed by the government for urban
expansion or for other public purposes. In such situation compensation is seen as a
dispute resolution mechanism (Haldrup 2004).
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1.9 Methodology of the study
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respondents from 570 populations with non-probability sampling especially available sampling
techniques. But, because of time and budget constraint the researcher was select only 30
respondents from the general population of the study for questioner by using available sampling
techniques. In addition to select sample size from farmers, the researcher was select two key
informant or stockholder based on non-probability sampling especially judgmental sampling
technique was be used. Because, they are knowledgeable and they give enough and appropriate
information about the issue of rural land registration and certfication.
In order to select sample respondents for primary data collection different sampling
techniques are used depending on the types of data collections. Hence, it is difficult to
contact every one, because it will be difficult to implement from financially, labor and
time. For this reason; it will be select 25-40 respondents who have certification books
that are typically for the population in the study kebele and the numbers of selected
respondents are proportional for the sample kebele by using simple random techniques.
Then I will distribute the questionnaires only for the respondents randomly from the list
of women who will be obtaining their own certification.
To gather the relevant data the researcher was used in depth-interview, questioner and
observation of data collection from respondent(target of population), stockholder and from the
study area. In general, the researcher was to applies triangulation methods which appropriate to
get full of information and data in the study area.
In-depth interview instrument was use to gather data from the key informant or other
stockholder.Because, In depth-interview was use applies and to gather information about the
topic from those who was direct relation with the problem.
1.9.3.2 Questionnaire
For this research, the researcher was prepare questioner both in Amharic and English language
in term of open and close ended. Hence, Amharic version are important to easily understand the
19
respondent and provide information based on the questioner. open ended questioner are
important to the respondent to explain information and the instrument was demographic.
Personal information of the respondent.
1.9.3.3 Observation
For the study, to collect qualitative data the researcher was observe the impact of rural land
registration and certification on women rights in the study area. Because the researcher was
expect to gather relevant and accurate information through observation.
For this study, the collected data has been analyzed and interpreted by using qualitative and
quantitative data analysis research method. The data gather through questioner from respondents
has been analyzed and interpreted by quantitative analysis method such as tabulation, percentage
and frequency. From the qualitative data collected through interview guide from police officer
and child youth and women officer and observation from the study area was also analyzed and
interpreted through narration and description.
Data will obtain using both primary and secondary data source to assess the impact of
land certification to equal land right for women. Primary data’s are collected from
members of the public of Guzman woreda. Therefore, key informant interview, from
field observations, questionnaires from the owner and face to face interviews.
I will also use secondary data source such as books, journals, news and other supporting
documents in relation to the issue. I can collect this information from the municipality,
Keble administration and Keble residents who are obtain their own certification.
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is used to organize and present quantitative data. The quantitative data are then presented
by using data presentation technique such as tables and percentages. while the qualitative
data will be analyzed and summarizing using descriptive method by using descriptive
statement.
1 Title
selection
and
submission
2 Proposal
writing
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3 Proposal
submission
4 Proposal
presentation
5 Data
collection
6 Data
processing
and
analyzing
7 Report
writing and
presentation
22
REFERENCE
Books and jornals
Adams M.(2000), Tenure security livelihoods and sustainable land use in Southern
Africa land reform and poverty alleviation in Southern Africa;SARPN.
Deininger (2004) Land policies for growth and poverty reduction, key issues and
challenges ahead, Forum on the building of land information policies.
Mel med Sanjak and Lastarriacornhiel(1998).
Muradu Abdo land law and policy in Ethiopia since1991 continuities and challenges
(2009), velum 3.
NOZIK (2005): Land policies in sub Saharan Africa, clear, resource center for rural
development center for land economy and rights to women, Nairobi Kenya.
Torhonen (2004): sustainable land tenure and land registration in developing countries,
including a historical comparison with an industrialized country.
Laws
conventions
Deininger (2004) Land policies for growth and poverty reduction, key issues and
challenges ahead, Forum on the building of land information policies.
FAO (2002) FAO Land tenure studies 3, Land tenure rural development food and agricultural
organization of United Nations. Rome
23
UN-ECE (1996): land administration guidelines, special reference to countries in
transition, New York and Geneva.
FDRE constitution, Art 40
Federal rural land administration: proc.No. 89/1997
Mel med Sanjak and Lastarriacornhiel(1998).
Muradu Abdo land law and policy in Ethiopia since1991 continuities and challenges
(2009), velum 3.
NOZIK (2005): Land policies in sub Saharan Africa, clear, resource center for rural
development center for land economy and rights to women, Nairobi Kenya.
Torhonen (2004): sustainable land tenure and land registration in developing countries,
including a historical comparison with an industrialized country.
UN-ECE (1996): land administration guidelines, special reference to countries in
transition, New York and Geneva.
Appendix 1
Questionnaires prepared for the woreda land administration staff
Introduction
The questionnaire is prepared for an academic purpose for the fulfillment BSc degree of
the land administration, the objective of the study is to assess the impact of land
certification on the equality of women in Wenka kebele, your response is very important
24
for the success of the study hence, you are kindly requested to give your answers for the
questions provided below, I would like to thank for your cooperation in advance.
Organization……………………..
Sex, male……………., female……………., education level ………………………,
position …………………..
1 What is the major land use conflict reported to the land administration office?
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………..
2 Can you say that the land certification has reduction conflicts over land use?
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………
3 What land use change have you observed after land certification?
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………..
4 What exception cases are drafted in the office to achieve equality of women?
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………………………..
5 What is the advantage of land certification in securing equality of women?
………………………………………………………………………………………………
………………………………………………………………………………………………
…………………………………………………………………………………
6 What are the major problems in the land certification and registration?
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………………
7 What are the major problems do, females facing during and after land certification?
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………………………………………………………………………………………………
………………………………………………………………………………………………
…………………………………………………………………………
Appendix 2
Questionnaires prepared for the kebele land administration officials and committees
Name of kebele …………………………
Sex, Male ........…... Female ………………….. , Educational level …………………….
Introduction
The questionnaire is prepared for an academic purpose for the fulfillment of BSc degree
land administration, the objective of the study is to assess the impact of land certification
on the equality of women in wenka kebele, your response is very important for the
success of the study hence, you are kindly requested to give your answers for the
questions provided below, I would like to thank for your cooperation in advance.
1 Do all farmers in the kebele have land certification? Yes...................…... no
……………………
Why
………………………………………………………………………………………………
………
2 What are the major lands related conflicts submitted to the land administration
committee?
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………………………………………………………………………………………………
………………………………..
3 what is the role of kebele administration in resolving the conflicts?
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………..
4 What is your role and responsibilities during and after land registration and certification
process in your kebele?
………………………………………………………………………………………………
………………………………………………………………………………………………
………………….
5 What are the major challenges does female faced during and after land registration?
………………………………………………………………………………………………
………………………………………………………………………………………………
…………………………………………………………
6 If the female divorces her spouses and live in another kebele, how her right of land
holding is protected?
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………………………………………………………………
7 What is the importance of land certification to women for achieving their equality?
Explain
………………………………………………………………………………………………
……………………………………………..
………………………………………………………………………………………………
……….
8 Do women participation on land administration and use committee members have
enough?
Yes ………………,No ………….., other reasons
………………………………………………………………………………………………
………….……………………………………………………………………………
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Appendix 3
Name of householder…………………………, Sex…………., Male…….., Female
1 Marital status A/ married B/ single C/ divorce D/ widowed
2 In which age category do you get? A/ 18- 30 B / 31-45 C/ 45-60 D greater than 60
3 Educational status A/ can read and write (between 1 and 8, between 9 and 12, greater
than 12)
B/ cannot read and write
4 How many years do you live in your kebele?
5 Have you your own land holding? A/ yes B/ no
6 If your answer in question No 5 is yes, Have you register your holding right?
A/ yes B/ no
7 Have you land holding certificate? A/ yes B/ no
8 How looks like your responsibility regarding to the land holding certificate?
8.1 Before certification of land holding: - A/ High B/ Low C/ Indifference
8.2 After certification of land holding:-A/ Increasing B/ decreasing C/ Indifference
9 If your answer in question No 8.2 is yes why? .................................................................
10 What is the use of land holding certificate?
A/Have good coverage of their livelihood B/ It creates women’s social participation C/ it
creates responsibilities over their own holding D/ all
E/ list if any………………….
11 What is the economic advantage of land holding certificate for women?
A/ to have enough food consumption B/ to increase women’s productivity and increase
their income C/ It creates responsibilities over their holding D/ all E/ list if
any…………..
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13 What is the political advantage of land holding certificate for women?
A/ to enable women’s to be elected or to elect in the land administration committee
B/ it enable women to preserve their right over their land holding if there is dispute on
their land holding C/ to create knowledge to fight prejudice D/ all E/ list if
any…………….
14 What difficult faces for women before and after land registration..............................
29