The Right to Self-Determination under the Ethiopian Constitution
A Legal Tool for Indigenous Peoples’ Protection against Land Alienation
Bibliographic Data
| ID | 16767006 |
|---|---|
| Authors | Tilahun Weldie Hindeya (corresponding author) |
| Year | 2019 |
| Volume | 63 |
| Issue | 3 |
| Pages | 359-383 |
| Publication date | 2019-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855319000238 |
| OpenAlex | W2974770227 |
| Language | EN |
| References cited | 19 |
Since 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the consistency of this discretionary power with the Ethiopian Constitution. This article posits that the legislative and practical measures taken by the government that marginalize these indigenous peoples in decisions affecting the utilization of land resources are incompatible with their constitutional right to self-determination. Further, it posits that the government's use of the constitution to justify its wide discretionary power in the decision-making process relating to land exploitation is based on a misreading of the constitution
Agriculture · Alienation · Constitution · Constitution of India · Geography · Government (linguistics) · Indigenous · Land law · Land tenure · Land use · Legislature · Political science · Power (physics) · Agriculture, Land Use, Rural Development · Engineering · Indigenous Peoples' Rights and Law · Land Rights and Reforms · Law · Public Administration
Remapping Ethiopia
Indigenous Peoples In International Law
Imperialism, Sovereignty and the Making of International Law
Testing Claims about Large Land Deals in Africa
Ethiopia's “Leap in the Dark”
How and why chiefs formalise land use in recent times
An analysis of how large-scale agricultural land acquisitions in Ethiopia have been justified, implemented and opposed
The perils of development from above
The Law is to Blame
Indirect Dispossession
Development by Dispossession
Ethnic-based federalism and ethnicity in Ethiopia
Listening to their silence? The political reaction of affected communities to large-scale land acquisitions
Looking back to see forward
Ethiopia
| Citation velocity | historical |
|---|---|
| Highly cited | No |