AN APPROACH TO SECURING PASTORAL LAND RIGHTS IN ETHIOPIA WORLD BANK CONFERENCE ON LAND AND POVERTY The World Bank - Washington DC, Abebe M. Wagaye, Solomon Bekure, Dejene Negassa March 23-27, 2015

Introduction Pastoralism is one of the key production systems in the world and is taking place in about 25% of the globe; and 66% of the entire continent of Africa (FAO, 2001) About 62 million hectares or 60% of the total land mass of Ethiopia, and 12 million or 20% of the total population of Ethiopia depends on pastoralism and agro-pastoralism (CSA, 2007).

Pastoral Cropping Agro pastoral No Data Livelihood Zone Types Source: An Atlas of Ethiopian Livelihoods, USAID & Ministry of Agriculture &Rural Development

Introduction Cont’d. Somali -- 57% Afar – 26% Oromia - 10% Pastoralists inhabiting the lowlands of SNNPR, Gambella, and Beni Shangul regional states constitute the remaining 7% (Yacob, Sandford and Habtu, 2000)

Introduction Cont’d. There has not ben a pastoral friendly government in Ethiopia Pastoral land was considered as government land during the Haile Selasse period. The Marxist Military government recognized the right of pastoralists to their traditional grazing lands: “nomadic people shall have possessory rights over the lands they customarily use for grazing or agricultural purposes”. (Proclamation No. 31/1975)

Introduction Cont’d. The current government also recognized the rights of pastoralists to their grazing lands: “Ethiopian pastoralists have the right to free for grazing and cultivation as well as the right not to be displaced from their own lands. The implementation shall be specified by law”.

Introduction Cont’d. But both governments have the belief that pastoralism is backward and pastoralists have to be settled. The current government has also not enacted the implementing law as promised by the Constitution. Insecurity of pastoralists prevailed USAID (LAND) has the goal of ensuring the security of pastoralists through registration of pastoral communal lands and certifying communities.

Causes of insecurity of pastoralists in Ethiopia Natural - Drought - Population pressure (natural??) Man made - Government policy of development (sedentarization, expansion of commercial agriculture on pastoral lands, and parks, etc.)

Causes of insecurity… Cont’d. Establishment of formal administration in pastoral areas - disintegrates traditional grazing units based on ecology; and - cooption of traditional leaders results in Undermining traditional structures and weakens customary range land and natural resource management institutions.

Source: UN 2009

Customary grazing units and administrative boundary

Causes of insecurity… Cont’d. Endogenous causes - As a result of the weakening of customary institutions, drought and the need for alternative livelihoods and supplementary income, pastoralists themselves have been engaged in enclosing quality grazing lands and farm lands.

An Approach to ensure the land use right of pastoralists The Ethiopia Land Administration to Nurture Development (2013 – 2018) is attempting a new approach LAND is funded by USAID and is being implemented by the Ministry of Agriculture and the six regional states. Successor to the Ethiopia – Strengthening Land Administration Program (ELAP); and Ethiopia – Strengthening Land Tenure Administration (ELTAP)

An Approach to ensure tenure security… Cont’d. Main focus of LAND - Component 1 : Strengthening land property rights and ensure security through improving policy and legal frameworks. - Component 2 & 3: Capacity building of land administration institutions and universities (trainings and grant); and - Component 4: Piloting pastoral communal land registration and certification of communities

Implementation of Component 4 LAND: conducted assessments of customary land management systems in pastoral areas of Afar, Oromia, and Somali regional states; Discussed with pastoralists on their concerns, hopes, and what they wish to be done to ensure tenure security - Pastoralists in all places complain that their lands are: - encroached upon; privatized; expropriated by individuals and government without compensation and are concerned bout their future livelihoods.

Implementation of Component 4 cont’d. Commissioned a study to assess best practices in protecting pastoral land rights; the study assessed the experience of 13 countries and finds that - All projects reviewed were top down and pastoralists did not have much say; - Narrow focus to improve performance in one tenure niche without a full understanding of how it fits into the larger land use strategy of the pastoralists as a key weakness and the source of some unanticipated negative effects of most projects.

Implementation of Component 4 cont’d. - The study recommended: protection of rights should include preservation of mobility and protection to the full landscape over which the pastoralists move as they access resources; including transhumance areas under the control of the same community, farming communities, other pastoral communities, and government institutions, as well as areas that are collectively accessed by a number of communities”. Commissioned a study on pastoral customary institutions and tenure situation in Oromia.

Implementation of Component 4 cont’d. The main findings of the study: Pastoralists are squeezed as a result of encroachments on their lands by external as well as internal factors; Customary institutions are weakening overtime; and Pastoralists still prefer to continue their pastoral way of life, and they are confident that their customary institutions could be strengthened if government gives them recognition.

Options considered Formation of pastoral associations to protect pastoral land use rights - Pastoralists are always marginalized and scarcely represented in government - Organizing them in associations could empower them and could improve their capacity to be heard Government has established a Pastoral Affairs Standing Committee in the National Parliament;

Options considered cont’d. Mandates of the Committee is: To ensure that the laws and plans to be issued are prepared in consideration of the benefits of pastoralists; and Villagization programs are based on the will of pastoralists, and that basic infrastructure development services have been built. Advocacy to ensure that the rights, strengths, skills, attitudes, values, knowledge, and participation of pastoralists are recognized.

Options considered cont’d. Regional governments have also established pastoral development commissions; and Non government pastoral development associations have been established But none of these associations have addressed pastoral problems and LAND considered establishment of a pastoral association as a duplication.

The Option LAND took Identify pastoral communal land units (clan or ecologically defined ones) Survey and register such units with fuzzy boundaries Engage government to recognize & strengthen customary land and natural resource governance system to manage them Develop a pastoral lands administration regulation to give customary institutions the power to manage resources; and government to regulate customary institutions in areas where they are new, like managing funds.

Contents of the regulation - Defining communal land - Defining communities (users of the registered units) Or determining membership of the pastoral land holding units - Access rights to pastoral lands; - Transfer rights of pastoral landholders; - Expropriation valuation and compensation of pastoral lands;

Recognition of customary institutions in managing pastoral land holdings and Define the roles of government and customary institutions; etc. LAND has developed the ToR to develop a pastoral land administration regulation for Oromia. The regional Land Administration Bureau has agreed to form the drafting committee. We are hopeful that the pilot project will be a successful attempt

The End Thank You LAND ADMINISTRATION TO NURTURE DEVELOPMENT (LAND)