Access to Court in Cases of Rural Land Disputes in Oromia Regional State: Assessment of Legal and Practical Gaps of Oromia Rural Land Laws post 1991

Abstract

Land is an incredible resource and a driver of economic growth and development. Majority of Ethiopian people established their livelihood on agriculture where dispute arises all the time. The FDRE Constitution guaranteesthe right of access to justice over any justiciable matters pursuant to Article 37. This inter alia allows everyone tobring justiciable matter to competent bodies with judicial power. Therefore, restricting or prohibiting this righteither by law or practice is against constitutional principle. The main objective of this paper is to exploreinconsistency between Oromia Rural Land Use and Administration Proclamation [here in after Oromia LandProclamation] as well as Oromia Region Rural Land Use and Administration Regulation [here in after OromiaLand Regulation] with regard to access to justice on rural land dispute. The writer also analyzes how courts interpret these laws in resolving rural land disputes. Practical gaps and challenges are examined through realcases decided by courts; while legal gap is scrutinized from provisions of laws. The scrutiny shows disparitybetween the FDRE Constitution and Oromia land laws. Finding of the research shows Oromia land proclamationand Oromia land regulation restricts the right to access to court in rural land dispute. Amending Article 16(1) (g)of Oromia land proclamation recommended since it restricts access to justice on justiciable matter adding extra criteria that serve no purpose than showing parties had tried to solve the matter traditionally. Training justicesector professionals [judges & prosecutors] of the regions are recommended to enhance understanding of justice sector professionals on the issues.