SAMARAUNIVERSITY

SCHOOL OFLAW

Human Rights Protection on the Land and TerritoriesRight of

Indigenous Peoples
under FDRE Constitution

BY:
TABAN TUT ROM

ADVISOR:
Mr. NURUYE BEYAN (LL.B, LL.M, ASSISTANT PROFESSOR)

Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of

Bachelor of Laws (LL.B) at the School of Law, Samara University

December, 2019

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TABLE OF CONTENTS
Chapter One
General framework of the study
1. Introduction
1.1. Background of the study
1.2. Statement of the problem
1.3. Objective of the study
1.4. Significant of the study
1.5. Research questions
1.6. Methodology
1.7. Scope of the study
1.8. Organization of the paper
1.9. Limitation of the study

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CHAPTER ONE:

GENERALFRAMEWORKOFTHESTUDY

1. INTRODUCTION

1.1. Background of the Study]

Indigenouspeoples are people having inheritance and practitioners of unique culture and
social ways of life relating to theirs environment, they have retained social, culture, economic
and political characteristics that distinction them from those dominant society in which they
are living together with them.1Indigenous peoples views themselves as having a historical
existence and identity that is separate them and independent of the state how they enveloping
themselves, land located in a specific geographic area form central elements in their history
and identity as the central regarding their contemporary political demand .

The UnitedNations Permanent Forum on Indigenous Issues has developed an understanding

of the term based on the following.

a) priority in time on historical continuily with pre-colonial and pre-settled societies ;

b) voluntary perpetuation of cultural distinctiveness, which mayinclude the aspect of
language, social organization, religion, and spiritual values, modes of production,
laws and institutions;
c) self- identification asindigenous peoples at individual level as well as recognition by
other groups, or by state authorities as a distinct collectivity; and
d) an experience of subjugation, marginalization, dispossession, exclusion, or
discrimination, whether or not these conditions persist.2 Examples of indigenous
peoples include; Inuit, in Canada, Native Americans in United States, Spanish in
Mexico, Amerindians in Brazil, Sami people in NorthernScandinavia, Javanese,
Sudanese, Bantenese, Betawi, Batak, Kuba, Mandar, Toraja, Dani, etc in Indonesia,
Adivasis (collectively) in India, Tuareg of the Sahara.3Nuer,Anuak, Dassenesh,
Hamar, Nygagaton,Erbore, Making, Gumuz, Berta, Mursi, and Raya of (Ethiopia).4

1
http://www. articcentre.org./EN/articregion/definition of indigenous peoples. [last accessed, Jan 13/2020]
2
Ibid
3
https:// en.Wikipedia.org/wiki/list of indigenous peoples/.[last accessed, Dec 9/2020]
44
Ibid

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Indigenous peoples have the right to; all human rights, including collective rights, equality
and non-discrimination, self-determination, autonomy or self-government nationality, life,
liberty, security, protection from assimilation, language, development, determine their own
identity, and membership and the like.5

Throughout history, civilizations have continually worked to colonize and expand their
boundaries throughout the centuries.6 As new countries colonize and dominate the area, the
original inhabitants of land, or indigenous people, are at risk of losing their unique heritage. 7
Today, according to the UNPFII, there are more than 370 million indigenous people in about
70 countries worldwide.8 Indigenous peoples are renowned for their rich cultures, traditional
knowledge systems and unique way of life. 9 In many countries, however, they are
dispossessed of their ancestral lands and territories, as well as deprived of their natural
resources upon which they depend for their survival, and this can result in the denial of their
very right to life.10Many indigenous peoples continue to suffer discrimination, extreme
poverty and exclusion from political and economic power. 11 Their belief systems, cultures,
and languages and ways of life are threatened, even to the point of extinction.12

Across many states, indigenous peoples contribute to the rich diversity of cultures and
languages, and of some 7000 languages currently spoken in the world, approximately 4000
languages are spoken by indigenous peoples.13

The groups meeting the criteria for identification of indigenous peoples in Ethiopia include
the pastoralists and hunter or gatherer communities including the forest dwelling
Majang/Majengir, Nuer and Anuakwho live in Gambela region has been affected by land

http://.co.nz/files/5814/5618/4456/NZHR_Booklet_12_WEB.pdf. [last accessed, Dec 9/2020]

6
Right of indigenous people, in proceeding of the conference on Inspiring Youth to create better world,
Montessori, 2014. pdf.
7
Ibid
8
Ibid
9
Inter Parliamentary Union, Implementing the UN Declaration on the rights of Indigenous Peoples, Handbook
for Parliamentarian, IPU, 2014, P.3. pdf.
10
Dr.Cathal M. Dyle, Business and Human Rights: Indigenous Peoples Experiences With Access to Remedy,
AIPP Printing Press, London, 2015, p.1
11
Ibid
12
Ibid
13
Supra note 10

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grabbing inrecent years.14Ethiopia has some of the largest livestock population in Africa and
is concentrated on pastoralist community whose land is of high demand to foreign investors,
those pastoral population isheterogeneous in its ethnic composition and social structure,
having some larger ethnic groups such as the: Afar, Oromo, and Somalis constituting a total
population of well over four million pastoral people. The rest are Omotic pastoral groups
such as the: Hamar, Dassenech, Nygagaton, and Erbore as well as other groups living in the
western lowlands of Ethiopia.15

1.2. Statement of the Problem

The political and economic situation of indigenous people of Ethiopia is a tenuous one. The
pastoralists in Ethiopia face a fragile existence, mainly characterized by unpredictable and
unstable climatic conditions, such as recurring droughts and floods.16 At socio-political level,
the Ethiopian Government policy of villagization has seen many pastoralist communities
moved off of their traditional grazing lands and indigenous peoples’ access to health care
provision and to primary and secondary education remains highly inadequate. 17 They are also
affected by persistent food insecurity, conflict, inadequate services and infrastructure and
they are among the poorest of the poor in terms of disposable incomes, access to social
services and general welfare.18 Besides these threats, in recent years, the land on which many
of these pastoralist peoples and communities live, have become the subject of high demand
from foreign investorsthat become amajor points of contention as government leased millions
of hectares of underutilized land and such a land is a home of 15 million indigenous peoples
such as farmers, hunters and gatherers living in Gambella region lower one valley and
Benishangul Humus. The government argues that the leasing the land to agriculture
investment will help alleviate food insecurities and maximizes the use of landbut some ofthe
land which has been leased in Gambella region is left vacant . The lease land was supposed to
increase employment opportunities LG indigenous peoples, however, most of the jobs have
gave to outsiderswho have move to the areas in search for the jobs .19

14
Www. cultural survival. orgagne@c.s , observation on the state of indigenous peoples human right in
Ethiopia, PDF, 3.
15
Ibid
16
ibid
17
Ibid
18
Ibid
19
http://www.iwgia.org/region/africa/ethiopia. [Last accessed, December, 9/2020]

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In Ethiopia, indigenous communities find themselves displaced and deprived of their
traditional livelihoods and of access to their natural environment including access to water,
grazing, arable lands and forest resources.20Indigenous peoples of Ethiopia that reside in
country side and in subcity are facing the problems such as displacement from their
livelihood, pollution of water by waste of industries, lack of grazing lands, lack of arable
lands, lack of adequate compensations and the like.

In Ethiopia there issome adequate national legislation that protects indigenous peoples, and
Ethiopiabut are not working well like what their people wish them to be, it has neither ratified
ILO Convention number, nor was present during the voting on the UNDRIP. 21 There is some
relevant provision in FDRE Constitution which talks about the land and territories right of
indigenous people but HPR are silent and not put them in to practice now a day. In its
preamble and in all its contents it used the phrase “Nation, Nationality, and Peoples of
Ethiopia.” The absence of clear and specific law and policy has aggravated the situation of
indigenous peoples of Ethiopia.

1.3. Objectives of the Study

 The general objective of this study is to analyze the protection of the land and
territorries rights of indigenouspeoplesand theirs treatment underFDREConstitution.
 Thespecific objective of this study will includes; showing gap in FDRE Constitution
if therewill, looking the adequacy ofFDRE constitution in protecting the right of
indigenous people and proposing the solution if there is gap in FDRE Constitution.

1.4. Significance of the Study

The researcherselects this topic due to the fact that the protection of the land and territories
rights ofindigenous peoples of Ethiopia is not exciting. This study will havea paramount
importance for law students for it enables them to understand about indigenous people and
their right under FDRE Constitution. It will also important for policy makers to prepare
inclusive policy. It will necessary for every society as whole and particularly for indigenous
peoples to know theirlandand territories right and claim it to be protected, promoted,

20
ibid
21
Proclamation No. 1/1995 ( Constitution of FDRE) ,Article 39(5), 40(3-8) .

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respected, and to be fulfilled. Finally, it is also important for those who want to carryout
further research on theland and territories right of indigenous people as an input.

1.5. Research Question

The following research questions are going to be answered after the completion of this study.
These include:

 What are therights of indigenous peoples?

 Why we need to protect the land and territoriesrights of indigenous peoples?
 Howlandand territories rights of indigenous peoples can be protected and realized in
FDRE constitutionand international level?
 Whether the land and territories right of indigenous peoplesrecognized underFDRE
Constitution adequate or not?

1.6. Methodology

This research willbe doctrinal and descriptive research. The researcher will go to use
doctrinal research method due to the nature of the research objectives and research questions.
In conducting this Paper, the researcher is going to analyze the existing literaturereview,
analysis of relevant provisions of FDRE Constitution, ACHPR, UNDRIP, ILO, Books and
other sources including an electronic sources through internet.

1.7. Scope of the Study

This paperwill mainly focus on FDRE Constitution. Also referring international law will
inevitable since it is important to analyze domestic law. Thus, the researcher will go to focus
on these laws as far as they are concerned with the right of indigenous peoples.

1.8. The organization of the paper

This paper will comprise of four chapters. Chapter one is covered by proposal of the study.
Chapter two discusses the meaning and nature of indigenous peoples. In Chapter three the
researcher will going to discuss the rights of indigenous peoples under international human
rights law. Chapter four focuses on the protection of rights ofindigenous peoples under FDRE
Constitution. It also discusses the existing problems which are being constraint in realizing

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the rights of indigenous peoples in Ethiopia. Finally, this chapter also includes conclusions
and recommendations.

1.9. Limitation of the Study

While conducting this research I will face lack of sources already written as there is no much
research done on this topic, especially, in Ethiopia. Lack of sufficient timewill also another
problem which has impact on the outcome of this research, because, it is overloaded with exit
exam and as a result it will have effect on the outcome of the research. The other limitation
will that I have no personal computer and Universities access of computer is not enough and
also the existing computers have no permanent internet connection. This will prevent me not
to download sources as needed and as Iwant.

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