PART II
ECONOMIC SOCIAL AND CULTURAL RIGHTS
RIGHT TO PROPERTY: - Article 14
Constitutional Guarantee
The right to property is guaranteed in the Constitution and under other enabling laws. Article 40 of
the FDRE constitution guarantees the right to property. It states clearly that every Ethiopian citizen
has the right to the ownership of private property. Unless prescribed otherwise by law on account of
public interest, this right shall include the right to acquire, to use and, in a manner compatible with
the rights of other citizens, to dispose of such property by sale or bequest or to transfer it otherwise.
Ethiopian peasants have right to obtain land without payment and have protection against eviction
from their possession. In the same way Ethiopian pastoralists have the right to free land for grazing
and cultivation as well as the right not to be displaced from their own lands. The legal framework
for rural land acquisition, transfer, redistribution, removal of a holding right, administration and
security is set out in the 1995 Constitution and Proclamation No. 456/2005. These documents state
that every citizen from 18 years of age who wants to make a living from agriculture should be
accorded free access to land. The implementation of this federal proclamation rests with the regional
states. Thus, any regional-level proclamations, regulations and directives are part of the legal
framework.29
The FDRE Constitution art 41/4/ declares that the state has the obligation to allocate ever
increasing resources to provide social services. The constitution states that to the extent the
country‟s resources permit, policies shall aim to provide all Ethiopians with access to public health
and education, clean water, housing, food and social security.
Policy Measures
The government adopted
29
The Urban Development Policy/2005/ and the Rural development policy
The Capacity Building Strategies and Programs
Federal rural land proclamation
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