DIVERGENCE BETWEEN THE LAW AND THE PRACTICE ON THE RIGHT TO SELL OF RURAL HOUSES IN ETHIOPIA: EVIDENCE FROM THE AMHARA NATIONAL REGIONAL STATE

Abstract

In Ethiopia, rural landholders as well as practitioners are left with uncertainty regarding the right and freedom to sell properties they produced on their landholding for dwelling purposes and the like. The message conveyed by the FDRE Constitution and rural land legislations in this respect has not been clearly understood and applied. This paper aims to investigate the real content of the legal provisions and the practice concerning the sale of rural houses in Ethiopia by providing empirical evidence from Amhara National Regional State (ANRS). The research applied both qualitative and quantitative research methods. The qualitative method was used to analyze data collected through focus group discussion (FGD) and key informant interviews. 5 FGDs were conducted with a total of 85 rural land-holders in each of the five selected weredas, and with nine judges selected from the Bahir Dar Area High Court and the Supreme Court of ANRS. To analyze relevant laws, I applied doctrinal analysis. I also applied the comparative law method to compare the Ethiopian land transfer regime with that of China and Vietnam. The quantitative method was applied to present data collected through a questionnaire. A questionnaire survey was applied to collect information from two groups of respondents: 50 rural land administration and use staff in the selected five woredas (districts) and a total of 30 Judges working in courts representing the five selected woredas. The data obtained was presented by a simple statistical tool using figures, tables, and percentages. The study has found that the law does not prevent the sale of rural houses in Ethiopia, as is the case in Vietnam and China. However, the study showed that the law has been understood by both the people and experts to prohibit the practice of sale of rural houses. The study suggests that a clearer and more complete legislative coverage, as well as an active and better-oriented staff in land administration and use offices and courts, should be ensured to enforce existing land policy properly.