Abstract:
v
Abstract
URLALHP No. 721/201 and its implementing regulations and directives empowered the
appropriate government land agencies to issue urban land clearance order when the land is
required for public interest, the lease contract is terminated, the lessee uses the land in
contravention with the approved land use plan and the land is held illegally. The clearance
process must strictly follow the prescribed procedures stipulated by law. Moreover, payment of
compensation must be effectuated for those who are eligible for compensation. The proclamation
delegates regional governments to legislate regulations and directives important to administer
urban land. Accordingly, the AMNRS promulgated different regulations and directives. The
AMNRSR No.124/2014 is one of these laws. It established urban land clearance and
compensatory cases grievance handling appellate tribunal with judicial power of reviewing the
decision of the appropriate government land agency. Its members are to be composed from
different sectors and representatives from the community. They are not legal professionals and
property valuators though the dispute needs expertise investigation of the issue under
investigation. Moreover, they are accountable to the city administration up on which the
grievance is to be submitted. Hence, the forum is believed to be partial, not predictable,
inefficient and ineffective. The objective of this research project is to examine the urban land
clearance and compensatory cases grievance handling mechanism in Amhara region taking
DBCA as a case study area. To do so, a qualitative research approach is employed. Both
primary and secondary data are collected. 202 affected households 174 of which are Peri-urban
landholders and 28 of them are inner city inhabitants are investigated by categorizing them in to
two strata. Interview with judges, public prosecutors, legal consultants and officials of DBCA is
also conducted. Moreover, FGD with selected adversely affected Peri-urban landholders is
conducted. The evidence collected indicate that the grievance handling mechanism is surrounded
by tremendous problems. The institutions established for this purpose are improper. The
investigated households and majority of interviewed professionals recommend that regular
courts shall entertain such grievances or special land court shall be established. There are also
procedural and practical obstacles that impede the right to access to effective justice of affected
landholders. The procedures designed for handling such grievances is discriminatory and unable
to respect and protect the right to be heard of affected landholders. Moreover, the tribunal is not
yet made functional though the regulation states that it must be functional since November 28 of
2014. As a result, affected landholders are submitting their grievances to different organs
without legal backing. This is considered as an arbitrary eviction of urban land holders without
due process of law and hence must be revised.
Key words: Urban land, Clearance, Compensation, Grievance, Handling, Amhara region,