OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 3 Year No . 54 ADDIS ABABA - 7h July 1997 CONTENTS Proclamation No . 89 / 1997 Federal Rural Land Administration Proclamation . . . . . . . . . . . . . . . . . Page 628 PROCLAMATION NO . 89 / 1997 RURAL LAND ADMINISTRATION PROCLAMATION OF THE FEDERAL GOVERNMENT OF ETHIOPIA WHEREAS , as a result of the bitter struggle waged by the Nations , Nationalities and peoples of Ethiopia , it is confirmed in the Constitution of the Federal Democratic Republic of Ethiopia that the right to ownership of land is exculsively vested in the State and in the People ; WHEREAS , Article 52 ( 2 ) ( d ) of the Constitution provides that Regional Governments are empowered to administer land and other natural resources in accordance with Federal laws ; WHEREAS , the implementation of said provision calls for the promulgation of a rural land administration law that is of a general scope and consequent identical ap plication to all Regions ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution , it is hereby proclaimed as follows . PART ONE General 1 . Short Title This Proclamation may be cited as the “ Federal Rural Land Administration Proclamation NO . 89 / 1997 . " 2 . Definitions Unless the context otherwise requires , in this Proclamation : Unit Price LawArchive . com * * * The African Law Archive * * * Www . AfricanLawArchive . com 1 ) " Region " means a Region specified , under Ar ticle 47 of the Constitution , as a member of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa Ad ministrations ; “ rural land “ means all land outside the boun daries of a municipality or outside an area which the respective Regional Council , in consultation with the appropriate body , designates as a town ; 3 ) “ holding right ' ” means the right any peasant shall have to use rural land for agricultural purposes as well as to lease and , while the right remains in effect , bequeath it to his family member ; and includes the right to acquire property thereon , by his labour or capital , and to sell , exchange and bequeath same ; " distribution of holdings " means a rural land allocation measure taken at intervals , upon de cision of the community , with a view to assigning holding rights in a fair and proportionate manner as well as to demarcating land for communal use by peasants ; “ family member ” means anyone permanently living with a person having holding rights , by way of sharing the means of livelihood of the latter ; “ land administration ” means the assignment of holding rights and the execution of distribution of holdings . 3 . General Reference The provisions of this Proclamation set out in the masculine gender shall also apply to the feminine gender . PART TWO General Provisions on Land Administration 4 . Principle Nationalities and Peoples of Ethiopia shall not be subject to sale or to other means of exchange . Conditions of Land Administration 1 ) Any Region shall administer rural land in accor dance with the general provisions of this Proclamation . 2 ) For purposes of implementation of the provisions of sub - Article ( 1 ) of this Article , each Regional Council shall enact a law on land administration . 3 ) The land administration law of a Region shall be in conformity with the provisions of laws on environ mental protection and shall observe the Federal land utilization policies . The land administration law of a Region shall confirm the equal rights of women in respect of the use , administration and control of land as well as in respect of transferring and bequeathing holding rights . 6 Contents of a Land Administration Law A land administration law enacted by each Regional Council , shall : 1 ) ensure free assignment of holding rights both to peasants and nomads , without differentiation of the sexes ; as well as secure against eviction and displacement from holdings on any grounds other than total or partial distribution of holdings effec ted pursuant to decision by the Regional Council , nLawArchive . com * * * The African Law Archive * * * Www . AfricanLawArchive . com 2 ) assign holding rights sufficient for subsistence , both to peasants and nomads , subject to the particular conditions of the locality ; 3 ) allow women to use hired labour on their holdings or to , otherwise , make agreements thereto ; 4 ) permit the right referred to under sub - Article ( 3 ) of this Article , to orphans not having attained majority , the physically weak and to similar others ; 5 ) fix criteria , such as family responsibility and formation of a new marriage , for qualification to a holding right ; as well as set out standards , in a descending order of priority based on family - size and such other objective factors of assessment of land demand , for determination of the extent to which holding rights would be assigned ; provide that demarcation of land for house - buil ding , grazing , forests , social services and such other communal use shall be carried out in accor dance with the particular conditions of the locality and through communal participation ; 7 ) with respect to former holders of lawful standing and where distribution of holdings is erfected , allow for an opportunity to retain , to the extent the distribution would permit , portions of the land they have been improving upon their labour or capital ; 8 ) where a holding right changes hands under dis tribution of holdings , ensure payment of due compensation , by the new holder , to a previous and lawful holder for improvements he had made on the land by his labour or capital ; 9 ) where a holding right changes hands under dis tribution of holdings or terminate on various grounds , guarantee the right to remove permanent work builts , or tree - crops cultivated , on the land or to claim payment of compensation thereon or collection of the fruits thereof ; 10 ) lay down a system based upon transparency , fairness as well as the participation of peasants , especially of women , for purposes of assigning holding rights and carrying out distribution of holdings ; 11 ) provide for a grievance procedure on matters pertaining to holding rights and distribution of holdings ; 12 ) make provisions , not inconsistent with this Proclamation , for other general or particular mat ters as found necessary under the peculiar circums tances of the locality ; PART THREE Miscellaneous Provisions 7 . | Payments on Rural Land Holdings 1 ) Persuant to the provisions of sub - Articles ( 2 ) and ( 10 ) of Article 97 of the constitution , Regional Governments shall determine the rate of , and collect , land - use - fees and royalties on the use of forest resources . 2 ) In fixing rates under sub - Article ( 1 ) of this Article , Regional Councils shall ensure the proportionality thereof . inLawArchive . com * * * The African Law Archive * * * Www . AfricanLawArchive . com 8 . Applicability of Land Administration Laws of Regions A land administration law heretofore enacted by any Regional Council shall be applicable insofar as it is not inconsistent with this Proclamation . 9 . Relation with Other Laws Any previous laws inconsistent with this Proclamation shall not be applicable with respect to matters provided for in this Proclamation . 10 . Effective Date This Proclamation shall enter into force as of the 7th day of July , 1997 . Done at Addis Ababa , this 7th day of July , 1997 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA LnLawArchive . com * * * The African Law Archive * * * www . AfricanLawArchive . com