ARBA MINCH UNIVERSITY

SCHOOL OF LAW

COURSE NAME: LEGAL REASEARCH AND METHDOLOGY

COURSE CODE: LAWS 2026
GROUP ASSIGNMENT: GROUP 8
SECTION: B

GROUP MEMBERS. ........................................ ID NUMBERS

1/ SURAFEL FELEKE…………………...……... SSHR/1308/13
2/ MNTESNOT TAREKEGN…………….…… NSR/1745/13
3/ NIGUSSE TAREKEGN…………………......SSHR/1134/13
4 / NATHNAAEL GEDAMU………….….…... SSHR/1109/13
5/ TSION ABREHAM……………………..….... SSHR/1418/13

Submitted to: Mr. Getinet:(LLB/LLM)

 Submission Date: February 22/2023
GC

ACKNOWLEDEMENT
First of all we would like to thank our humble instructor Mr. Getinet for his work
and cooperativeness. For giving us this chance to get more knowledge about research
through practice. We are also honored to acknowledge our school, Arbaminch School of
law for providing an insightful learning environment. And lastly we would like to thank
anyone who helped us directly or indirectly during this assignment.
Table of content
Title page
I. Title of the research ___________________________________ 1
II. Abstract ____________________________________________ 2
1. Background of the study__________________________3
2. Problem statement_______________________________4
3. Study objective__________________________________5
3.1. General objective ___________________________5
3.2. Specific objective ___________________________6
4. Research questions_______________________________6
4.1. General research questions____________________6
4.2. Specific research questions ___________________7
5. Significance of the study__________________________8
6. Literature review_________________________________8
7. Research methodology____________________________9
7.1. Research approach____________________________9
7.2. Study population______________________________9
7.3. Data collection method________________________10
7.4. Sampling techniques __________________________10
8. Limitation of the research___________________________10
9. Scope of the study_________________________________11
10. Organization of the study____________________________12
11. Time schedule and budget plan________________________12
11.1. Time schedule________________________________13
11.2. Budget plan __________________________________13
12. Bibliography ______________________________________14
 Practical and legal aspect of
women’s land right in Gamo
zone up on dissolution
 I. ABSTRACT
Women’s rights are one of the fundamental human rights that were enshrined by the United
Nations for every human being on the planet nearly 70 years ago1. These rights include the right
to live free from violence, slavery and discrimination; to be educated; to own property; to vote
and to earn a fair and equal wage. And this research focuses on owning property specifically
land.

Even though land is owned by the state and people of Ethiopia a land possessor have certain
rights on that land. They can use the land and rip it’s fruits. And in a country like Ethiopia where
most people live through agriculture a land is an important asset to gain.

“Holding right” means the right of any peasant farmer or semi-pastoralist and
pastoralist shall have use rural land for the purpose of agriculture and natural resource
development, lease and bequeath to members of his family or other lawful heirs and
includes the right to acquire property produced on his land thereon by his labor or
capital and to sale, exchange and bequeath same:” 2

There are several general and specific human rights related to land. These international rights
related to land are all in the nature of more general human rights to due process of law3, equal
protection of law4 and non-discrimination5. As it is related to this fundamental issues depriving
people this right is depriving their human right itself.

1. BACKGROUND
1
Global fund for women, www.undforwomen.org
2
SNNPR (2003). SNNPR Rurlal land Administration and Utilization Proclamation.2003.
3
Convention on elimination of all forms of discrimination against women(CEDAW) Article 14.2(g) UDHR, Art 8,17;
international convention on civil and political rights (ICCPR), Art 17, 26
4
Universal declaration of human rights (UDHR), Articles 12 and 17 respectively
5
UDHR, Art 8,17; international convention on civil and political rights (ICCPR), Art 17, 26
 In our research we will delve into the issue of women’s land right during and after the
dissolution of marriage in Gamo zone. The emphasis on land rights is necessary since land is a
significant foundation upon which many rely on for their subsistence. Land is therefore a very
valuable resource. Unfortunately, discrimination prevents women from exercising their legal
rights to land, a resource that may be crucial in their journey to break free from the patriarchy.
Focusing on how to handle the various socio-economic difficulties that women face has become
increasingly popular in recent decades. Despite this advancement in the fight for equal rights for
women, there are still significant obstacles standing in the way of their full and effective exercise
in Ethiopia and we took special interest in Gamo zone.
In Gamo, there are social and cultural traditions that harbor unfavorable views towards
divorced women6. People who spend their time working should own and benefit from the goods
they produce. This line of reasoning should, without doubt, also apply to women because they
toil and occupy themselves with taxing and laborious tasks only to have their earned rights taken
away from them due to problems that have nothing to do with accessing resources. Due to these
disparities in opportunity, access, and control over resources, women are more susceptible to a
variety of challenges in many different parts of the world. Farming women's access to and
control over land has been influenced by systems, customary laws on marriage and inheritance
rights, gender roles in households and on farms, ownership and control of household assets,
access to social services, etc. The protection of women's rights in practice as well as in theory is
essential to the effectiveness of land policies.
Despite making up half of the population, and contributing 40-60 percent to the gross
agricultural labor, women generally do not have autonomous access to resources for production,
particularly land. Women's contributions to agricultural output in Africa are quite substantial,
even if they are not recognized economically. Women have always been marginalized in
society's socio economic and political realms, which has kept many of them in poverty7. Since
Gamo is a merely developed zone, the vast majorities of women are illiterate and lack
employable skills. Additionally, they lack access to basic social services and financing. The
women have reduced access to resources like land as a result of the combined effects of all the
aforementioned factors. Thus we tried our best to further investigate and critically analyze the

6
Holden Stine and Tefera Tewodros (2008). “From being property of man to becoming equal owners?
Early impact of land registration and certification on women in southern Ethiopia.” Nairobi: UNHABITAT.
7
Women are the foundation for change in rural Ethiopia, CIMMYT.www.CIMMYT.org
problem. One important and in our view very progressive piece of legislation is the federal land
policy that was promulgated in 2005 in the hope to regulate land usage in Ethiopia8. Of the
provisions set up in this policy, the right to land for women was also included. The policy
makers thought it best to include a provision that supported and affirmed the rights of women
during and after divorce as it exists in the constitution. In this paper however we will try to see
the practical and legal facts of women’s land rights in the zone.
2. PROBLEM STATMETNT
In our country Ethiopia, women are subject to many disadvantages and have to jump over
many socially constructed hurdles in order to go about their day to day lives. Of these hurdles,
socio-economic ones are the most difficult to overcome. This is the main reason why the FDRE
constitution has opted to enshrine the equality of men and women. As stated under Article 34 of
the FDRE constitution, women have equal rights to men while entering into, during marriage
and, at the time of divorce9. According to this article, laws, customs, practices and stereotypical
ideas that purport to oppress or adversely affect their physical or mental wellbeing are
prohibited. Put simply, this to affirm that there shall be no difference amongst the sexes with
regards to exercising rights given to them by law.
When we come to exercising some specific rights, however, the reality on the ground seems
to stand in contradiction to the letters of the law. Some rights, such as land right have a long way
to go before we can confidently claim that they are equally exercised between men and women.
According to the Federal Democratic Republic of Ethiopia constitution (FDRE, from here on
out) article 40, land is the common property of Nations, Nationalities and peoples of Ethiopia.
Studies show that there is a direct relationship between marital status and means of land
acquisition. In many parts of the country (especially in rural areas), marriage is one of the
primary ways in which women get access to land and Gamo isn’t any different. This access to
land can come into doubt when things such as divorce come about, and so this will inevitably
lead women to be wholly dependent on a male individual to get access to land. The failure in the
implementation of women’s right to equal access to land can be traced to all the wrong
sentiments harbored within our community that fail to recognize the equality of men and
women. Married women may have access to land and have full control over it but during

8
Federal Democratic republic of Ethiopia constitution, proclamation,No.456/2005, Article 5.
9
Federal Democratic republic of Ethiopia Constitution, Article 35.
dissolution only those who dissolved their marriage due to the death of the husband continue to
exercise their rights. Those whose marriage is dissolved by cases other than death have a hard
time maintaining access to their land. Even Though land cannot be considered as the property of
individuals including in situations like divorce, the claim to have control over it in order to use it
can be affected by the dissolution process10. Problems affecting women’s rights to land upon
dissolution are the results of barriers like discriminatory social norms, unresponsive legal
systems and unequal economic opportunities.
There is a challenge of interpreting and enforcing legal reforms into real change at the national
level let alone at the zone level because it is in conflict with customary and local interests11.
Legal provisions can be very important in changing the social prejudice regarding rights of
women but their implementation is what gives the letters of the law life, for without
implementation, the letters of the law are skeleton that lack flesh and blood.
3. RESEARCH OBJECTIVE
3.1. GENERAL OBJECTIVE
Notwithstanding the articulation of different laws that assure gender equality, the reality alludes
to the fact that women are still disadvantaged in different aspects. The general objective of this
research is to compare and contrast the practical and theoretical aspect of women’s land right in
Gamo zone.
3.2. SPECIFIC OBJECTIVES
1. To give recognition to the problem by stating the nature of the problem associated with land
rights that women face during dissolution of marriage in the area.
2.To build knowledge on gender equality in right to land by providing legislations that imply to
equality of men and women in acquiring and administering land
3. To analyze the society’s view towards women who are divorced
4. To provide documented information this entertains the issue of women’s land right in Gamo
zone, on basis of facts that are observed in different parts of the area.
4. RESEARCH QUESTIONS
4.1. GENERAL QUESTIONS
o How does divorce affect women’s land right in Gamo zone?

10
Hadera Tesfa, Women and land rights in Ethiopia
11
Murado Abdo and Gebreyesus, Customary law, Teaching material
 o What is the gap between the practical and theoretical aspect of women’s land right in
Gamo zone?
4.2. SPECIFIC QUESTIONS
 What laws are available regarding this issue?
 How do legal provisions protect women’s right to land tenure?
 How are these legal provisions being implemented in Gamo zone ?
 What kind of customary practices are there in Gamo zone that hinder women from their
rights?
5.. Significance of research
This research discusses problems that are related to women rights which are highly related to
marital property especially in relation to women's land right after dissolution of marriage. The
study’s main significance is that it points out the problem as an issue by which women's face
when it comes to dissolution of marriage in the area provided and partition of property when it
comes to land ownership by which they are denied equal access to land because of the cultural
customary values and also moral values of the society that treat man as the sole owner of
immovable property clearly stipulating land ownership to men as their sole right which is entitled
only to them.
This study approaches the problem from the economic significance of women and that
women contribute about 40-60 percent of the labor system of the country and still today they are
denied their rights. This research points out that women have equal right when it comes to the
economical and also property ownership right in their marriage especially in relation to
ownership of land it clears out the issue.
12
According to the family code of Ethiopia, the notion of common property is stipulated in a
broader manner mainly to protect women's property rights which have been denied by men who
work and generate income while most women are busy with domestic works and child rearing
and bearing.. This study significantly marks the issue to be addressed which is equal right of
women in, during and after marriage while in the actual reality what the law clearly states and
what women are experiencing are very different. The de jure and de facto situations are of very
big difference13.
12
source-https://eu.docworkspace.com/d/sAKN4DVWetNCJAefiv5WtpxQ
13
Blacks’s law dictionary: meaning; Of right; legitimate; lawful; by right and just title and in fat, in deed,
actually.
 6. LITERATURE REVIEW
Under review of literature we tried to see some researches which cover similar case about
matrimonial property during and upon dissolution of marriage and generally women’s land right
as per different legal system and customary law. The previous researches mostly work on the
problems regarding to matrimonial property during and upon the dissolution of marriage and
others mostly focused on the problems around divorce of marriage. Beside to that regarding to
women’s land right what we had reviewed researches focus on the general problems of women’s
land right which as far include problems up on dissolution of marriage.
One essential problem had been mentioned by researches about customary law and practices
with gender issue which had been the root problem to women’s right to use and acquire land,
especially in rural part of Ethiopia. Obviously, Ethiopia has agricultural based economies which
around 67% of population are engaged in agriculture who completely dependent on the land.
Women are also the part of this population and beside to this they had historically disadvantaged
group despite of this fact and ongoing customary law the law, especially Revised Family Code
under liquidation of matrimonial property, hasn’t given any especial treatment for women. so
that our research necessary for addressing this problem critically analyze the method which used
under revised family code for division of common property of spouses. The method used by
RFC has faced criticism from many scholars, which is equal division between spouses. This
equal division of common property doesn’t adhere to equity, this may affect wives' right to use
and acquire land after dissolution of marriage because they have no way to get land due to
custom of society that excludes women’s from inheritance and other means of having Generally,
we tried to review about to what extent and how much attention given by FDRE Constitution,
land right proclamation, revised family code, and customary law to women’s right to use, hold
and transfer land. Alongside to this we tried to examine what going on the ground and
enforcement of laws and affirmative actions to excavate problems and its solution around
women’s land right. By doing so we filled the gaps what we observe from our investigation and
review.

7. RESEARCH METHDOLOGY
7.1 RESEARCH APPROACH
 - To conclude this research, we’ve used both quantitative and qualitative methods of research.
Quantitative method was necessary to know and gather the practical aspect of the issue in the
area given. While Qualitative method was peremptory to get the glimpse of related researches
on women right and the laws and legal provisions of the country.
7.2. STUDY POPULATION
- It is not prodigious to hear that women are disadvantaged group. So since we currently
reside in Arbaminch, one of the towns found in Gamo zone. The propinquity is our
greatest asset to help us gather the information needed to complete the research. Making
Gamo zone our center of research. Our population is going to be: women residing in
Gamo zone (Bonke, Boreda, Chencha and Deramalo), elderlies living in the areas
above, individuals working in social courts and judiciary officials in the area.
7.3. DATA COLLDECTION METHOD
- The data was collected from primary and secondary data sources. Accordingly, the main
sources of evidence in this study were legal documents, books, websites, and other
researches.
- To understand the practical aspect we will be mainly using personal interviews, as the
issue is very sensitive to the community we will mostly be having one to one talks
especially with the women and the elderly.
- We will also use questionnaires to understand their view on the issue of women’s right in
general. And on top of that we will use direct observation to analyze the way the
community treats females in that area.
7.4. SAMPLING TECHNIQUE
- To select the women to be interviewed we will be using Stratified sampling, by forming
strata based on their marital status and educational level. And another sampling technique
we will be using to select the elderlies is Simple random sampling technique. Finally
we will be using Purposive sampling technique to select the social court workers and
judiciary officials.
8. LIMITATION OF THE STUDY
- There are certain difficulties that we have and will be facing while conducting this
research. Some of them are: for starters there was lack of literary sources that give detail
information about the practical situation of women living in Gamo when it comes to land.
The second challenge could be the strong monumental relationship that the community
has with their traditional beliefs and practices. It might hinder us from getting adequate
and realistic information about the issue. The other limitation is as most researches there
is financial restriction.
9. SCOPE OF THE RESEARCH
The main focus of this research is the practical and legal aspect of women’s right
specifically in Gamo zone. For the legal aspect; the issue contains important international
and national legal instruments. This helped us as a base for the whole research. For the
practical aspect we took a sample of four woredas as an illustration for Gamo zone
namely Chencha, Bonke, Boreda and Dermalo. And closely examine the reality there.
10. ORGANIZATION OF THE STUDY
Our research paper contains four basic chapters. The first chapter will contain the
research proposal part: a part which will be giving the readers an overview of the
research. The second chapter will include theoretical frame work of land rights in
Ethiopia and international instruments: and this part is supposed to give a grounded
knowledge about the law on paper. Chapter three will contain the practical aspect in the
four woredas that we took. And chapter four will include the comparison between the
legal and practical aspects on those areas. And the last chapter will be conclusion and
recommendation.
11. Time schedule and budget plan
11.1. TIME FRAME
- Our plan is to conclude the research in 5 months span from January-June22/2023. For
cost effectiveness and time management we classified our group in to two teams one
team will be traveling to Chencha and bonke. While the other travels to Dermalo and
boreda.

No ACTIVITIES DURATION

1 Finishing up the final draft of the proposal February 22,2023

2 Research Proposal presentation and defense February 24,2023
 3 Review local and international papers related to March 15, 2023
women’s land right.
4 First team travels first to chencha then to bonke to April 15, 2023
gather up necessary information.
5 Second team travels to Boreda and Dermalo, April 15, 2023
6 Both of the teams present their findings May 1,2023
7 Data organization May 15, 2023
8 First draft of the research June 1, 2023
9 Writing the Final draft of the research June 15,2023
10 Final presentation and feedback June 22, 2023

11.2. BUDGET PLAN

No Material required Unit Price per unit Total cost

1 A4 sized papers 1 pack(500) 350 350
2 Pen 2 pack(24) 150 300
3 Printing cost 50 5 250
4 Internet 1 GB 50 50
5 Transportation 5x2 + 5x2 200 2000

6 Food and room 5 2000 10,000

7 Other expenses - - 1000
TOTAL COST………………….. …………………13950 ETB

12. BIBLOGRAPHY
Internet sources
Websites
 Women are the foundation for change in rural Ethiopia, www.cimmyt.org
  Adal yigremew (2005). “Rural women’s access to land in Ethiopia” Addis Ababa;
Forum for social studies.
 International journal of gender and women’s studies
 https://eu.docworkspace.com/d/sAKN4DVWetNCJAefiv5WtpxQ
 www.undforwomen.org
 Women leading change, https://www.thesasamanifoundation.org
Pdf files
 Hadera Tesfa, Women and land rights in Ethiopia
 Murado Abdo and Gebreyesus, Customary law, Teaching material
 Holden Stine and Tefera Tewodros (2008). “From being property of man to becoming
equal owners? Early impact of land registration and certification on women in southern
Ethiopia.
Local and international legal documents
 Universal declaration of human rights (UDHR)
 Convention on elimination of all forms of discrimination against women(CEDAW)
 SNNPR Rural land Administration and Utilization Proclamation.
 FDRE constitution
 The Revised family code
Dictionary
 Black’s law dictionary