Abstract:
This paper reviews mortgaging rural land use right by peasants in Ethiopia in general and the
ANRS in particular, with special reference of West Gojjam Zone. The study found that both the
ANRS rural land proclamation 252/2017 and Movable Property Collateral Proclamation
1147/2019 have entitled peasant rural land holder to access credit from Financial Institutions by
collateralizing their use right of land. Despite off the recognition of this right, however, there are
gaps and inconsistencies among these laws. These include, the prohibition of the land transfer
rights of the mortgagor farmer, empowering different registering body of security right and
determination of enforcement mechanisms.
The assessment of the practice in the study areas reveals, except ACSI, none of the financial
institutions have been giving loan to farmers through taking their rural land use right as
collateral. The reasons are basically lack of awareness about the existence of the legal
recognition of such right of the peasant and fear of risks of default. On the other hand, the loan
system of ACSI against collateral of rural land use right of peasant has gaps. Among others, the
maximum amount of loan money that has been given is low. The contract period of the security
agreement is a maximum of five years, discouraging long term investment. The terms of the
security contract that are concluded between ACSI and peasants are favorable to the lender, in
terms of, for instance, default clauses. Also due to the contract of rural land use mortgage, ACSI
possesses the secondary level land holding certificate. In addition, the wereda rural land
administration and use office have been, without any legally prescribed power, attaching the
transfer right of the grantor peasant. This in turn, against the clearly provided laws and
economical purpose of the laws, has been affecting the rights of the grantor peasants.
With the aim of solving these legal and practical gaps, the paper recommends that legislators
should either amend the existing laws to have consistent laws or enact a single comprehensive
legislation. Also it recommends, separate and generic financial institution should be established
by the government with the sole aim of extending credit to peasants of the country and the
region, through taking their rural land use right as collateral. Furthermore, it recommends that
the ACSI standard form of contract, which similarly applies to all rural land use right mortgage
contracts concluded with peasants, should be amended in line with the relevant rural land and
security transaction laws of the country.