@article{Belay:334616,
      recid = {334616},
      author = {Belay, Abebaw Abebe},
      title = {WOMEN’S LAND RIGHTS: CUSTOMARY RULES AND FORMAL LAWS IN  THE PASTORAL AREAS OF ETHIOPIA – COMPLEMENTARY OR IN  CONFLICT?},
      journal = {African Journal of Land Policy and Geospatial Sciences},
      address = {2022-11-01},
      number = {2367-2023-1102},
      month = {Nov},
      year = {2022},
      abstract = {Land in Ethiopia is held by the state and the people;  while landholders guaranteed a lifetime ‘holding’ right  (any right except sell and mortgage per se). Women have  equal rights to men in the formal legal system, despite, in  pastoral areas, women’s land rights are highly influenced  by religious and customary systems: rights are meaningless  unless they are socially recognized and effectively  enforced. Studies on women’s land rights comparing between  formal and customary land laws are rare. The aim of this  paper is to understand what land rights women have under  formal and customary legal systems in pastoral areas of  Ethiopia, how these are implemented and what their impact  is, and to make recommendations for their convergence. It  focuses on two pastoral regions of Ethiopia: Afar and  Oromia. The research revealed that there is a high  disparity between the formal law and what the practice in  one hand, and the customary and religious systems, and the  formal state system. Afar society is patriarchal: women are  still inferior to men in terms of use of and access to  land. Customary and religious systems are applicable more  than state laws. Women don’t resolve disputes except in  certain exceptional circumstances, they involve indirect.  They cannot inherit property either from their husband or  families through the customary system. Land titling is  conducted in the region by considering the rights of women  which brings improvements. Women have started to obtain  private holdings from the government in villagization  areas: accounted for 24% of the total, despite several  challenges. In Oromia pastoral areas, women have relatively  equal rights: they have their own clear responsibilities  according to custom. Transactions of matrimonial properties  is not possible without the consent of the wife. In many  places, women have their own private land, and they  participate directly and indirectly in the management of  communal lands. But there is discrimination for women as  far as inheritance is concerned. Inheritance of land and  dispute settlements are common problems of the two study  areas. It is not an easy task to converge the formal and  informal systems on women land rights. Replacing the  customary system with the formal is not the solution. Legal  pluralism may be an option and advantageous. The research  recommends for promulgation of pastoral land administration  laws acknowledging and incorporating customary and  religious laws (one umbrella pastoral ‘code’ that bring  together statutory, customary, and religious laws);  awareness creation and legal empowerment of societies;  certification of private holdings including photographs of  both the husband and wife/wives; integration of the  customary and religious systems into criminal law; a mobile  free legal service; a thorough study to understand the pros  and cons of polygamy for women and the society in general;  and a process of cultural mapping and monitoring.},
      url = {http://ageconsearch.umn.edu/record/334616},
      doi = {https://doi.org/10.22004/ag.econ.334616},
}