ADDIS ABABA UNIVERSITY

SCHOOL OF GRADUATE STUDIES

INSTITUTE FOR PEACE AND SECURITY STUDIES

RURAL LAND CONFLICT MANAGEMENT IN SUDE WOREDA, ARSI

ZONE, OROMIA NATIONAL REGIONAL STATE, 1991 TO PRESENT

BY: AMIN MAMMA

FEBRUARY 2015

ADDIS ABABA

ETHIOPIA
 ADDIS ABABA UNIVERSITY

SCHOOL OF GRADUATE STUDIES

INSTITUTE FOR PEACE AND SECURITY STUDIES

RURAL LAND CONFLICT MANAGEMENT IN SUDE WOREDA, ARSI

ZONE, OROMIA NATIONAL REGIONAL STATE, 1991TO PRESENT

BY: AMIN MAMMA GENA

A THESIS SUBMITTED TO THE SCHOOL OF GRADUATE STUDIES

OF ADDIS ABABA UNIVERSITY IN PARTIAL FULFILLMENT OF
THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ART IN
PEACE AND SECURITY STUDIES

FEBRUARY 2015

ADDIS ABABA

ETHIOPIA
 Addis Ababa University

School of Graduate Studies

Institute for Peace and Security Studies

Rural Land Conflict Management in Sude Woreda, Arsi Zone, Oromia National Regional
State, 1991 to Present

By: Amin Mamma Gena

Approved by Board of Examiners:

___________________________________ __________ _______________

Advisor Signature Date

___________________________________ ________ _______________

Examiner Signature Date

____________________________________ _______ ______________

Examiner Signature Date

___________________________________ _________ _______________

Chairman of the IPSS Graduate Committee Signature Date

February 2015

Addis Ababa

Ethiopia
 Acknowledgements
My deepest gratitude and genuine appreciation goes to my advisor, Dr. Hussein Jemma for his
sincere comments and feedback on this paper. My gratitude also goes to the following
institutions for their innumerable contribution to this study. They include Oromia National
Regional State Rural Land Administration and Environmental Conservation Office, Sude
Woreda Rural Land Administration and Environmental Conservation Office, Sude Woreda
Administration Office, Sude Woreda Courts, Sude Woreda Tourism and Heritage Management
Offices, and Forum for Social Science Studies for their precious support during data gathering
and Institute for Peace and Security Studies for its financial support to carry out the study. My
appreciation also goes to the participants of focus group discussions and all key informants for
their willingness to take part in this study. I am also indebted to the people of Sude Woreda for
their friendliness and hospitality during data gathering; and to women participated in focus group
discussions for their readiness to discuss on posed question. Lastly, I would like to appreciate
moral encouragement and materials support of my friends.

Thank you all!

I
 Table of Contents

Acknowledgements I

Table of Contents II

Abstract V

Acronyms VI

Chapter One: Introduction 1

1.1 Background of the Study 1

1.2 Statement of the Problem 2
1.3 Objective of the Study 3
1.4 Research Questions 4
1.5 The Study Site 4
1.5.1 General Feature of Sude Woreda 4
1.5.2 Physical and Demographic Features of Sude Woreda 5
1.5.3 Agro-climatic Features of Sude Woreda 7
1.6 Research methodology and Methods 8
1.6.1 Methodology 8
1.6.2 Methods of Data Collection 8
1.6.3 Sampling Techniques 9
1.6.4 Methods of Data Analysis 10
1.7 Significance of the Study 10
1.8 Scope of the Study 11
1.9 Limitation of the Study 11
1.10 Ethical Considerations 11
1.11 Organization of the Study 11

Chapter Two: Literature Review 12

2.1 Definition of Conflict 12

2.2 Nature and Dynamics of Conflict 13
2.3 Concept of Land 15

II
 2.4 Land and its Multi-faceted Features 15
2.4.1 Importance of Land 16
2.4.2 Land Tenure 17
2.4.3 Land Conflict 18
2.4.4 Causes of Land Conflict 19
2.4.5 The Nexus Between Land and Conflict 21
2.4.6 Types of Land Conflict 22
2.4.7 Consequence of Land Conflict 23
2.5 Land Conflict and Natural Resource Management 23
2.6 Gender Issues in Land Conflict 24
2.7 Land Conflict Management mechanisms 26

Chapter Three: Rural Land Conflict in Sude Woreda 29

3.1 The Root Causes of Land Conflict 29

3.1.1 Boundary Conflict 29
3.1.2 Inheritance Related Conflict 33
3.1.3 Contract Expiry Period 38
3.1.4 Polygamy 39
3.1.5 Claims Over Land Right 41
3.1.6 Divorce and Property Division Related Problem 43
3.1.7 Illegal Land Sales 44
3.2 Key Features of Conflicting Parties in the Study Area 46
3.3 Triggering Factors of Rural Land Conflict in Sude Woreda 48
3.3.1 Population Increment and Unemployment 48
3.3.2 Parties Refusal of Elders Judgment at Grass Root Level 49
3.3.3 Weakness of Kebele Administrations in Taking Immediate Actions 50
3.3.4 Lack of Integration Among Elders and Non-cooperation of Parties 52
3.3.5 Corruption 52
3.3.6 False Testimonies 53
3.3.7 Bias Against Women in the Process of Land Conflict Resolution 54

III
Chapter Four: Rural Land Conflict Management 55

4.1 Alternative Land Conflict Management in Sude Woreda 55

4.1.1 Arbitration 57
4.1.1.1 Initiation from Conflicting Parties 59
4.1.1.2 Initiation from Relatives 60
4.1.1.3 Initiation from Local Elders 61
4.1.2 Mediation 62
4.1.3 Negotiation 63
4.1.4 Siinqee Institution 64
4.1.4.1 General Concept of Siinqee Institution 64
4.1.4.2 The Role of Siinqee Institution in Land Conflict Management 65
4.2 Challenges of Alternative Land Conflict Management 68
4.3 Court System 69

Chapter Five: Conclusions 72

References 75

Appendix: Interview Guidelines I

IV
 Abstract
This study examines rural land conflict management in Sude Woreda, Arsi Zone, Oromia
National Regional State, since 1991. Focus group discussions and key informants interviews
were used to gather empirical data. The findings of this study indicate that rural land conflict in
the study area has different root causes. Boundary conflict, claim over land holding rights, and
inheritance related conflicts are major root causes of rural land conflict in the Woreda.
Polygamy, illegal land sales, contract expiry date, and property division problem during divorce
are other root causes of rural land conflict in the Woreda. The study also suggests that these root
causes are exacerbated by multi-dimensional factors. These include false testimonies, weakness
of kebele administration in giving appropriate decision, parties refusal to accept elders
decision, bias against women in the process of land conflict resolution, unemployment, and lack
of integration among elders invited for arbitration are of the factors that aggravate rural land
conflict in the Woreda. Furthermore, the study reveals that alternative land conflict management
mechanisms are widely exercised in the Woreda and conflicting parties do rarely appeal to
courts. Among the others arbitration, mediation, negotiation, and siinqee institution (weapon of
women) are widely used. The study has found that traditional land conflict management
mechanisms are facing challenges from different angles. For instance, siinqee institution is
facing challenges from religious ideology and modern education. The study concludes that
awareness creation at all levels, competent kebele administration leaders, building the capacity
of elders, and encouraging siinqee institution values to ensure women participation in land
conflict management mechanisms are important areas which needs due attentions from all
stakeholders to achieve long lasting peace in the study area.

V
 Acronyms

CSA Central Statistical Agency

FAO Food and Agricultural Organization
FDRE Federal Democratic Republic of Ethiopia
FTC Farmer Training Center
FGDs Focus Group Discussions
GDP Gross Domestic Product
KA Kebele Administration
ND No Date
SWAO Sude Woreda Administration Office
ONRS Oromia National Regional State
UNDP United Nation Developmental Programme
UNEP United Nation Environmental Programme
UNIFTPA United Nation Interagency Framework Team for Preventive Action
USAID United State Agency for International Development

VI
 CHAPTER ONE

INTRODUCTION
1.1 Background of the Study

Land conflicts have been an area of anxiety largely due to the flexible nature of land related
conflicts. Land conflict may occur between different classes such as individuals and local
institutions, and government, as well as, communities and individuals (Sackey, 2010). The
management of land and natural resources is one of the most critical challenges as a result of
increasing of needs for land, environmental degradation, and increasing alarming rate of
population. According to Cotula et al (2004), throughout sub-Saharan Africa, land is a
fundamental issue for economic development, food security, and poverty reduction. Land is
crucial to the economies and societies of the region, contributing a major share of gross domestic
product (GDP) and employment in most countries and constituting the main livelihood basis for
a large portion of the population of the region. This indicates that land is a backbone of human
life in the developing countries. Hugeiss (nd) describes that the management of land conflict is
the topic of enormous importance in contemporary society. Policy makers and citizens are
starting to realize that many environmental and economic issues have the question of land use at
their very core. This implies that management of land conflict is the concern of all stakeholders
and addressing the root causes of land conflict becomes the prime focus to deal with land conflict
management.

According to Girma (2011), land is crucial source of livelihoods for rural communities and
remains to be an asset farmers have to accumulate wealth and transfer the same to future
generations through inheritance. This implies that the issue of land has not been simply restricted
to economic affairs, but also it is very intertwined with the community culture and identity and
this is, why land related conflicts are the most sensitive issues as compared to other types of
conflict. According to Kabutaulaka et al (nd), land conflicts like other conflicts, have their own
histories and underlying causes that exist over a period of time. They do not usually erupt
spontaneously. Rather, they are usually a result of long-term unresolved issues and tensions. But,
not all tensions and conflicts become violent. There are some conflicts that are resolved while

1
others continue to exist unresolved, but never erupt into violence. This indicates that land
conflict like other types of conflict is dynamic and to be understood differently based on its
occurrence and recurrences.
1.2 Statement of the Problem

Conflict is a product of incompatibility of objectives, interests, and positions among the parties
involved in the conflict. One of the potential sources of incompatibility of objectives is the
scarcity of natural resources, including land. According to Glinow et al (2005), scarce natural
resources are one dimension of conflict that motivates peoples to compete with others for the
same resources to achieve their short and long-term objectives. This implies that each partys
objective contends with the others objectives to due to the fact that scarce natural resources are
limited and unable to satisfy all stakeholders at a time. Daudelin (2002) argues that land is
increasingly becoming a source of conflicts across the world and land conflict has potential to
involve many parties as compared to other types of conflict and land conflict by itself can be
cause for other conflicts. This shows that among types of conflicts, land related conflict is more
sensitive and involves many parties in the conflict due to the virtues of land for the survival of
human beings.

According to UNIFTPA report (2012), land and conflict are inextricably linked by their very
nature. That is, land and natural resources issues are often found among the root causes or even
major contributing factors to conflict. Babette (2008) illustrates that land conflict take place in
many forms. There are land conflicts between conflicting parties such as inheritance conflicts
between siblings, boundaries conflict, and conflicts over the use of a given plots of land. Babette
further states that land conflicts often have extensive negative effects on economic and social
developments. This implies that many conflicts that are perceived to be clashes between different
cultures have roots in conflict over land and other scarce natural resources.

Land is a major source of conflicts in the rural society of the Horn of Africa and it has been a
major source of conflict in Ethiopia, as well. According to Abebe (2009), majority of these
sources are boundary and inheritance conflicts. The rationale behind this might be increasing
number of population, search for additional farmland, excluding some member of families from

2
land rights, and competition over land. This implies that land is a major source of conflict in
rural societies of Ethiopia. Disagreements among family members, neighbours and attached
communities can be traced back to conflicting parties and claims for inheritance and rights to
hold the land. Due to this and other complex issues, land based conflict and problems related
with land holding exist in rural area.

Although many studies were conducted on land related issues, root causes in detail and its
implication for society at grass root level is not given much emphasis. Previous studies were paid
more attention to boundary and inheritance issues as prime causes of rural land conflict. In
addition, the triggering factors behind rural land conflict were less emphasized. Examining of the
role of traditional conflict resolution in the management of rural land conflict is another area of
less emphasis in the existing studies that is, whether alternative conflict management will address
the complex process of rural land conflict management than courts system. For instance, Abebe
(2009), Girma (2011) and Mellesse (2009) emphasize more on boundary and inheritance issues
as root causes of rural land conflict. However, there are other root causes of rural land conflict
which have not been investigated empirically. In addition, the position of women in the process
of rural land conflict management is also another area which gets less emphasis in the existing
studies. Thus, it is the intention of this study to investigate the missing aspects of root causes of
rural land conflict and their management considering Sude Woreda1 in post 1991 period.

1.3 Objectives of the Study

The overall objective of this study is to examine rural land conflict management in Sude Woreda,
Arsi Zone, Oromia National Regional State in post 1991 period. In particular, the study has the
following specific objectives.

To explore the root causes of rural land conflict in the Woreda

To examine the factors that aggravate rural land conflict
To investigate the position of women in rural land conflict and its resolution
process in the Woreda
To analyze rural land conflict management in the Woreda

1
Woreda (district) is the political hierarchy structured after Region and Zone in Ethiopia.

3
 1.4 Research Questions

The core research question of this study is that what are the mechanisms to resolve rural land
conflict in Sude Woreda, Arsi Zone, Oromia National Regional State in post 1991 period. The
study also attempts to answer the following specific questions.

- What are the roots causes of rural land conflict in the study area?
- What are the factors that exacerbate rural land conflict in the study area?
- What is the status of women in the process of land conflict resolution in the study area?
- What are the mechanisms used to resolve rural land conflict in the Woreda?

1.5 The Study Area

1.5.1 General Feature of Sude Woreda

Sude Woreda is found in Arsi Zone, Oromia National Regional State. It is located at 216
kilometer from Addis Ababa and 93 kilometers from Arsi zone capital city, Asella. According to
the data acquired from Sude Woreda Administrative Office and the Woreda Office of Tourism
and Cultural Heritage Management, Sude Woreda becomes an independent Woreda in 1954 by
separating itself from Robe Woreda. At the time, Sude Woreda get its independency with ye
gersa mikitil Woreda gizat, meaning Gersa district deputy administration province and finally
formed the current Sude Woreda.

According to Sude Woreda Tourism and Cultural Heritage Management Office (2012), the
Woreda got its current name after the largest clan occupied in the current Sude Woreda
Administration. Sude is the name of an individual who first occupied in the current Sude Woreda
and he had five wives at the time. In relation to this, those who visited Sude Woreda; either for
the career or other issues, and lived there at least for five days, local peoples call them kan Shan
bule shanan Suudeti meaning that those who stayed there for five days become the member of
Sude family. They nominated this motto after the five wives of Sheik Sude, the founder of
current Sude Woreda. They treated those guests who stayed there at least for five days just like
their own families and help them based on customs, morality and mores/way of life of the
Woreda communities. In addition to this largest clan, that is Sude clan, Gado, Jawwi, Ashmira,
and more than eight clans occupied in this Woreda and live together harmoniously.

4
 1.5.2 Physical and Demographic Features of Sude Woreda

Sude Woreda shares boundary with five Woredas among twenty five Woredas found in Arsi
Zone. It shares boundary with Diksis and Jeju Woreda in north, Chole and Amigna Woreda in
east, Robe and Diksis Woreda in South and also Diksis Woreda in the west. Regarding area of
coverage, Sude Woreda has a total area of 1167km2 accounting for about 4.66% of the total area
of the Zone according to data acquired from Sude Woreda Agriculture Office.

Sude Woreda has 119,387 hectares of land (Woreda Administrative Office and Agricultural
Office). Among these, 41,548 hectares are used for farmland and due to large number of
livestock in the Woreda; 20,611 hectares are used for grazing. In addition, 31,793 hectares was
covered by cultural and natural forest. Mountain and stone covered only 158 hectares among
119,387 hectares of the Woreda total land. Land used for irrigation only covers 252 hectares
among 41, 548 hectares used for farmland in Sude Woreda. The following table shows briefly
the population distribution of Sude Woreda.

Table one: Population Distribution of Sude Woreda

Category Sex No of Population Percent

1 Countryside Males 86,098 50.02

Populations
Females 86,030 49.98

Total 172,128 100.00

2 Populations living in Males 2059 53.11

town
Females 1818 46.89

Total 3877 100.00

3 Sude Woreda total Males 88,157 50.09

populations
Females 87,848 49.91

Total 176,005 100.00

Source: CSA 2007 and Sude Woreda Agricultural Office Report of 2012

5
According to CSA report (2007), Sude Woreda has 176,005 populations. Having such number of
population make Sude Woreda the most densely populated among Woredas found Arsi zone
(140 people per kilometer squares) according to Sude Woreda Agricultural Office report (2012).
The map below shows the location of Sude Woreda.

Source: Sude Woreda Agricultural Office

Sude Woreda has twenty-seven Kebele Administrations and three self-administrating cities. Pre-
1991, Sude Woreda was one of the poorest Woreda found in Arsi Zone due to lack of good
governance and unforgettable legacy of emperor Minilik II, Haile Sillassie and military

6
government respectively (SWAO, 2013). At the time, emperor Minilik killed many people at the
battle of Azule River which is found nearby the current Woreda capital city in 1886, after he win
Anole battle where he slash breast from women and hands from men in the same year (SWAO,
2013). Due to such scornful legacies, which also continued up to the military government by
changing its face, the Woreda community become out of the game in decision making on their
personal and common issues. However, in post 1991 period, everything was changed and the
Woreda community recovered from mal-governance and commenced to journey on
developmental routes (SWAO, 2013).

Based on cooperation between government and Sude Woreda community active participation,
many public infrastructures were employed in the Woreda in the past twenty years starting from
zero level. According to Woreda Administrative Office report (2013), second stage road were
constructed in past fifteen years and connected more than thirteen kebele administrations with
Kulla, the Woreda capital city. There are five secondary schools and one preparatory school at
the Woreda level, which is part of active participation of Sude Woreda communities.
Furthermore, there are basic health station for each Kebele Administrations and one medium
hospital at the Woreda level, FTC for each Kebele Administrations and primary school in each
Kebele Administrations.

1.5.3 Agro-climatic Features of Sude Woreda

Sude Woreda covers 1124km2 of Arsi Zone with altitude of 1500 to 2750 meters. It is located
between 8N -8.300N latitude and 39.300E40.150E longitude. The average temperature of the
Woreda is between 8co -25co and the average rainfall of the Woreda is between 800 mm1100
mm. Landscape of Sude Woreda is mixed, that is it has plain, semi-plain, mountain, plateau and
lowland. Accordingly, highland area covers 7.41%, semi-highland area covers 70.37% and
lowland area covers 22.22% of total areas of the Woreda. In relation to soil type of the Woreda,
heavy clay soil is the dominant soil in the Woreda and it covers about 66.5% of soil types found
in the Woreda. In addition to heavy clay soil, there are also other types of soil which includes
loom soil (22.50%), clay loom soil (7%) and silt clay soil that covers the least percentage, 4% of
soil types of the Woreda. Commercial crops like niger, flax, pulses, sesame, pea, beans and the
likes in one hand and cereal crops like wheat, barley, maize, sorghum and teff are highly

7
produced in the Woreda among the other (SWAO, 2013). The rationale for the selection of this
Woreda as case study was mainly based on researchers experience about existence of rural land
conflict in Woreda since 1991. In addition, although there is no written document in the Woreda
specifically on land conflict, there is rural land conflict in this Woreda in post 1991 period.

1.6 Research Methodology and Methods

1.6.1 Methodology

This study employed qualitative research approaches. Qualitative research approach was used
due to the fact that it emphasis on interpretative study of specified issues in which the researcher
is the central to the theory derived from participants of the study. Creswell (2007) explains that
qualitative research approach is inquiry grounded in the assumption of that individual constructs
of social reality in the form of meanings and interpretations.

1.6.2 Methods of Data Collection

In this study, both primary and secondary sources of data collection methods were employed. In
primary data collection, focus group discussions (FGDs) and key informant interviews were
employed. FGDs were used to discuss complex ideas in depth and help in the triangulation of
data acquired from the key informants interviews. The group format in focus group discussions
do also stimulate discussion, generate new ideas and promote investigation of unknown issues.
FGDs were conducted in two Kebele2 Administrations (namely, Tullu Hofi and Chimo Usman
Kebele Administrations) of the Woreda due to their high degrees of land related conflict. FGDs
were categorized into three categories. These include men, women and youth. These categories
were intended to boost the free flow of ideas among participants and expand the chance of
getting multi-dimensional perspectives from the participants of FGDs.

Some participants of FGDs were selected based on their experience on land conflict and other
participants were selected based on snowball purposive sampling techniques. There were six
FGDs (three FGDs in Tullu Hofi and three FGDs in Chimo Usman Kebele Administrations)
conducted under three categories of FGDs stated above. Each FGD is between 6-8 participants
and participants discussed freely on posed question for an hour and a half. The places of

2
Kebele Administration(peasant association) is the lowest level of administrative unit in Ethiopia

8
discussions were selected based on agreement between participants and researcher. Here, my
main roles as a researcher were organizing, posing question in precise way and appreciating the
participants point of views. Before getting into main questions of the research, I used simple
questions as an opening of FGDs to inspire participants. Key informants interview were
employed in this study, because it is an in-depth interview technique and mostly, it was
employed with people selected for their first-hand knowledge about a topic of the study. In
addition, key informants interview allows free flow of ideas and information. The participants of
key informants were selected from all section of the communities. Accordingly, they are selected
from farmers (both men and women, poor and rich), youth, community elders, Kebele
Administration Managers and Kebele Administrations Social Court Heads, and different officials
working in different office of the Woreda (mainly from the Woreda Administration Office, Land
Administration Office, Women and Child Affairs, Court Office, Tourism and Cultural Heritage
Office, and Agricultural Office).

They were interviewed to triangulate data acquired from participants of FGDs. The criterion to
select key informants in this study was conducted in two ways. The first and foremost was
through Sude Woreda Rural Land Administration and Environmental Management Office and
the Woreda Courts. The second one was through selected Kebele Managers and Social Court
team at Kebele administrations level. They were selected not only based on land conflict they
experienced, but also for their contribution in resolving land conflict and their maturity in giving
required information. Both under FGDs and key informants interviews, tape recorder with
consent of the interviewees and field notes were used. In terms of secondary sources of data;
books, journal articles, proclamations and internet were employed. Secondary data were used to
triangulate the data acquired from primary sources.

1.6.3 Sampling Techniques

In this study, non-probability sampling procedures were used. Among non-probability sampling
procedure, purposive sampling was used due to its virtue to access particular key informants for
their first hand knowledge. To do so, snowball system from purposive sampling techniques were
employed, because it is important to find those people who are knowledgeable and have an
experience of land conflict in the study site. In addition, snowballs purposive samplings (where

9
some informants recommend other potential key informants) help to get mature and qualified
informants and participants of focus group discussions.

I selected six Kebele Administrations for key informant interviews and two Kebele
Administrations for FGDs out of the six Kebele Administrations based on their records of land
related conflict. Based on this fact, six key informants from each selected Kebele
Administrations were selected for interviews and, this account about thirty key informants. Key
informants were elders, peoples who have land conflict experience, Kebele Administrations
Managers, and heads of Kebele Administrations Social Courts. In addition, six key informants
were selected from Officials working in the Woreda Court and Land Administration Office to get
more information on the management mechanisms of rural land conflict in the Woreda in post
1991 period. Participants of FGDs accounts for about 43 and in generally, 79 participants from
FGDs and key informant interviews were part and parcel of this study.

1.6.4 Methods of Data Analysis

Inductive data analysis method was used throughout the study due to its consistency with the title
of the study. Secondary and primary data were gathered and saved in the item bank. Especially
for the information gathered during FGDs, labeling or categorizing system of participants point
of views was employed to create general ideas. To do so, the script of question was prepared
carefully so as to facilitate the process of coding and assigning the answers of participants of
FGDs to posed questions. In the same vein, the information gathered from key informants were
coherently organized and analyzed carefully. Codes were used for few key informants who were
not volunteer to state their name in this study. Likewise, both primary and secondary data were
combined carefully for triangulation and reanalyzed turn by turns before finalizing the study.

1.7 Significance of the Study

As land is the common issue of all stakeholders, it needs the contributions of all concerning
bodies for its proper utilization and management, because it is the main economic, political,
social, and cultural asset of human being. This study intends to contribute in management of
rural land conflict by addressing the root causes and triggering factors that exacerbate rural land
conflict. It is also the ultimate goal of this study to create awareness among parties involved in
the land conflict problem in relation to the impact of rural land conflict upon peace and stability

10
of community at grass root levels. Furthermore, the study is expected to contribute to land policy
practitioners who interested to prepare guideline on rural land conflict management mechanisms.
Likewise, the study contributes in identifying alternative land conflict management mechanisms
with its effectiveness and shortcomings during handling of land conflict. Therefore, this study
intended to contribute to overall land related conflict by identifying the root causes, triggering
factors and elaborate the consistency of traditional conflict management mechanisms to land
conflict resolution.
1.8 Scope of the Study

This study focuses on rural land conflict management in Sude Woreda, Arsi Zone, Oromia
National Regional State, since 1991. In addition, the study area is selected due to the previous
knowledge of the researcher about the prevalence of rural land conflict in the Woreda.
1.9 Limitation of the Study
There were a number of limitations during conducting of this study. The difficulty of organizing
concerned participants of focus group discussions, setting conducive environment for focus
group discussions, persuading some key informants due to suspicion of transferring information
to their opponents, and financial constraints were few limitations of the study.
1.10 Ethical Considerations
I made every effort to avoid bias to ensure the objective, analysis and interpretation of the
collected data. Accordingly, both for participants of FGDs and key informants, I gave them due
respect to their confidentiality, rights, needs, values, and desires of participants throughout the
course of this study. Moreover, participants were informed that the information they gave for
researcher would be used only for the purpose of this study. Due attention were also given to
avoid plagiarism to keep the originality and credibility of the study.
1.11 Organization of the Study
This study has five chapters. Chapter one deals with the introduction to the study with its basic
components. Chapter two presents review of literature related with land conflict. Chapter three
examines the nature and intensity of rural land conflict in Sude Woreda. Under this chapter, the
root causes and triggering factors that exacerbate rural land conflict in the Woreda are discussed.
Chapter four discusses management mechanisms of rural land conflict in Sude Woreda. The last
chapter concludes the study.

11
 CHAPTER TWO

LITERATURE REVIEW
Introduction

Many researchers agree that conflicts are part of social life. For instance, Coser (1986) and
Fisher (1982) state that quarrels, disagreements and conflicts are not only parts of the life of any
society, [but also crucial key to encourage social interaction]. Conflicts are part of everyday life,
because it forms in human being relationships, at a societal level and at an international level.
Although conflict leads parties to aggression, hostility and confrontation, it can also be stepping
stone leading to change and wisdom; if the parties learn to handle conflict constructively
according to (Bjarne, 2011). This implies that conflict can be an inherent and legitimate part of
social life. Violent conflict dramatically disrupts development and can spill across borders and
reduce growth and prosperities of one country.

For example, where dynamics of human interactions exist, conflict also exists. People have
fought over land for long period of time because; land is assumed as unique identity marker of
human being. Population growth and environmental stresses have exacerbated the perception of
land as a deteriorating resource, tightening the connection between land and conflict. Therefore,
this chapter deals with review of existing literature on conflict, land conflict, causes and types of
land conflict, land conflict resolution, and other concept related with land based conflict. It also
looks at the nexus between conflict and land.

2.1 Definition of Conflict

Conflicts can be understood in different ways. According to Bercovitch (nd), conflict is an
endemic to all social life. It is an inevitable part of living, because it is related to situations of
scarce resources, division of functions and power relations. Conflicts can be sources for growth
and development if people learn to deal with them positively; otherwise, it resulted in destruction
of material and loss of human life. In relation to this, Adriana et al (nd) argues that conflict is an
inherent and legitimate part of social life and it contribute not only for destruction, but also for
development pathway. Hence, conflict is a perpetual behavior that occurs in life. Some
researchers (example, Fisher 1982, Babbete 2008, and Marry et al, 2004) view conflict as being
a negative situation that must be avoided at grass root. Others may also see conflict as being a

12
phenomenon that necessitates management. The other researchers may consider conflict as being
a stimulating opportunity for personal growth and therefore, try to use it for their own advantage.
This implies that, conflict can be seen as a situation in which specific individual or collective
interests are in confrontation and differences arise between parties who see their interests being
damaged by other; the parties may then develop a number of strategies to ensure or achieve their
short or long-term objectives. For researchers like Coser (1986) and Nario-Galace et al (2010),
conflict is the life of society and progress emerges from the struggling in which the individual,
classes or an institution seek to analyze their own ideas of good. Conflict exists when two or
more concerned bodies; it may be groups or individual wish to carry out on their choice. Conflict
is an inescapable fact of life. If improperly handled, it can have become undesirable results. In a
larger setting, many conflicts have become violent which have resulted to the loss of lives,
destruction of property, disruption of economic and cultural activities, disruption in the delivery
of socio-economic services, exploitation of civilians especially children and women, and
economic losses among the others.

Sometimes, there are misinterpretation of the word conflict and dispute. However, these two
words seem similar or interchangeably used, but there are a little bit differences between them.
For instances, Fisher (1982) describes that although they are interchangeably used, disputes are a
verbal controversies, strife by the opposing argument or expression of opposing view or claim
and controversial discussion. But, conflict is the strong struggle over the values, status, power
and scarce resources in which the aim of opponents are to injure and claim their opponent to
achieve win-lose approach. This implies that conflict arises between two or more parties when
the needs or goals of one side are perceived as to be incompatible with the goals of other side
interest; while disputes are based up on deeply held belief and values. In generally, because of its
all-encompassing nature, the definition of conflict has acquired a multitude of meanings and
implication. Nevertheless, although many conflict practitioners define conflict in different way,
their central ideology in not mutually exclusive.

2.2 Nature and Dynamics of Conflict

Determining the nature of conflict may be difficult, because conflict by itself is part of our daily
life. Conflict is a long-lasting given of life, although various views holding on different ground.
As long as natural resources are scarce and human needs are unlimited, it is difficult to avoid

13
conflict from its very root. Coser (1986) claims that it is impossible to avoid conflict as long as
social, political and economic interaction exists. He further argues that the source and incidences
of conflicting parties behavior in each particular system vary according to the types of structure,
pattern of social mobility of ascribing, living status and allocation of scarce power and wealth.
This indicates that the degree to which specific form of distributions of power, natural resources
and status accepted by the actors in the system also make conflict dynamic.

Conflict is also taken as a form of interaction between two or more parties in conflict. However,
the differences rest in the fact that some party holds to the perception that conflict carry a
negative and destructive implication while others look conflict as cornerstone of peace building
and development at grass root levels. According to Atkilt (2003), a conflict is the prevalence of
different violent clashes between or among different communities resulting in casualties,
disruption of production and hostilities. On the other hand, other researchers like Fleetwood
(1987) argue that conflict is a form of interaction, which should not necessarily be taken as a
negative interaction. Fleetwood further stated that conflict could be a form of interaction between
conflicting parties and a form of communication among stakeholders on causes, consequences,
and remedies of escalated conflict. This entails that sometimes conflict could be resulted in
positive, if conflict prevention, management and resolution at grass roots levels are effective.

The nature of conflict is not stagnant. It escalates in different ways based on potential sources
that lead to actual conflict. According to Marry et al (2004), the nature of conflict is
characterized by process where an actors perceives that the other actor is opposing their interest.
Its process commence with sources, which is common ground for both parties in the conflict.
This common ground might be an incompatible goal, values, beliefs, identity markers and hence,
these issues increase the gap between conflicting parties and even increase the number of actors
in conflict. This implies that conflict process often escalates through series episodes and shifts
from the constructive to destructive of socio-economic well-being of human being and from the
destructive of socio-economic activities to constructive/ positive relationship among parties.
Therefore, it is difficult to generalize that conflict is static or fixed in its very nature due to
contradictions, attitude, and behaviours of actors participate in the conflict. Fisher (1982),
describes that the nature of conflict as a dynamic and not static. He argues that the old wound or

14
scar could give good opportunity for new wounds and when we address the old injury or
conflicts, and then the new areas of potential sources of conflict will emerge. Nevertheless, it is
difficult to estimate when and how it could be emerge due to the fact that conflict by itself is part
of human being life and life by itself is also flexible in its very nature.

2.3 Concept of Land

Land is a word we use every day. Many researchers and land practitioners look the concepts of
land in multi-dimensional ways. However, this does not mean that there is no shared
understanding of land concepts. For instance, Dale et al (1999) explain that land in its broadest
terms, includes the surface of the earth, the materials underneath, the air above and all things
fixed to the soil. Land, therefore, includes houses, buildings and other things attached to land,
and it includes both rural and urban areas. FAO (1995 cited in Silva, 2011:2) explains the
concept of land as follows:
Land is a delineable area of the earth's global surface, encompassing all
attributes of the biosphere immediately above or below this surface
including those of the near-surface, climate, the soil and terrain forms, the
surface hydrology (including shallow lakes, rivers, marshes, and swamps),
the near surface sedimentary layers and associated groundwater reserve,
the plant and animal populations, the human settlement pattern and
physical results of past and present human activity.

Therefore, since land is more than a land, its concept is also wider due to its close relation both
with living and non-living things. In addition, land is considered as the primary means for
generating the livelihood for human being across the world, it is also remain the single most
important sources of material wealth and social reputation, most of the time it is true for
communities living in country side.

2.4 Land and its Multi-faceted Features

Land and land resource in most of countries across the world, is increasingly governing by
modern systems of tenure and less by traditional systems. On the other hand, changing land use
and its patterns have not always accompanied by appropriate reforms in policies, laws, and
institutions. Kagwanja (2006) claim that Africa must ensure that the current wave of land reform
initiatives, which often coincide with political and economic reforms emanating from
democratization, help to establish the needed changes in land rights as well as legal and
institutional framework to minimize the possibility of land conflict. Kagwanja further argues that

15
majority of land related conflict in rural area is the result of weak governance of land
administration, weak and loosely structured institution and ineffective responses for escalated
conflict related with land. Furthermore, Zwan (2010) mentions that land is crucial to social and
economic development, as the majority of the population depend on land and land based
resources for their livelihoods. Similarly, sound and secure land rights are vital for realization of
inclusive development, peace and security, as well as natural resource governance. Nevertheless,
these issues will be realized if there is effective land adminstration and enviromental
management at all levels to mitigate land conflict.

Because of population growth and environmental degradation, land that can be used for
agricultural purposes is becoming increasingly scarce. In addition, communities often have
strong emotional and symbolic attachments to land and the resources on it. Due to this,
competition for control of valuable land aggravated land conflict in rural area. According to
USAID (2005), land is also a power, because people have strong attachment with land since the
modern history records commenced and they apply all of their efforts to control plot of lands
which sometimes encompasses loss of life.

2.4.1 Importance of Land

The history, culture and ancestors of communities are tied up in land and resources on and in the
land. Without land, rural community may lose its distinctive identity. At the household level,
access to land confirms membership in a given community. Without access to land, food security
of households may be at risk (UNEP, 2012). Land also has important socio-cultural significance
to rural communities, particularly indigenous communities, because they are highly linked to
their ancestral territories. Bringing different understanding of importance of land needs
understanding of resources on, below and above the surface according to International Land
Coalition report, (2006). This implies that rural communities have high linkage with land and
land is assumed as the identity marker for some indigenous groups of peoples.

Land is important for the survivals of human population almost in all dimensions. As land is
highly linked with the daily activities of human population, people have strong attachment with
land and its resource. USAID (2005), explains the importance of land for human being as land is
unique, valuable, and immovable resource of limited quantity and central element for social,

16
economic and political relation of all community across the world. The cultural and
psychological significance of land is also important because, land is also about history and
belonging; that is it connects family and generations and strengthens belongingness.

This implies that land is more than an economic asset, because land used as the identity marker
for some segments of communities. Therefore, peoples have strong attachment to land both
culturally, socially, politically and psychologically as land is backbone for survival of human
being. FAO (2002) also explains that land is a unique, valuable and immovable resource of
limited quantity, because land is not only the most basic aspect of subsistence for many people
around the world, it can also contain valuable structures and natural resources on it. Land is
therefore, a strategic socio-economic asset, particularly in poor societies where wealth and
survival is measured by the control and access to land. Therefore, it can be argue that land is a
central element in the varied complex social relations within which conflict between individuals
and groups are at a place due to importance of land for survival of human being. USAID, (2004)
explains that conflict over land often combines strong economic and emotional values when
symbolically or emotionally important land or property is at issue, chances of conflict and
violence increase significantly.

For many households, access to land is central to food security and is a source of cash income. In
addition, land may be the only significant household asset to be transferred to the future
generations. According to UNEP (2012), land is an important safety net for poor households.
During an economic danger, households can fall back on subsistence farming to sustain
themselves. In extreme circumstances, land can be even sold to ensure family survival. Land is
also a source of identity. In many societies, land and identity are strongly linked. In addition,
Yonas, (2011) explains that land has an economic, political, cultural and social importance for
rural communities. Therefore, there is no suspicion that land is one factor of power strengthening
among rural communities and user of land has power and controls over resource found on that
definite plot of land. In terms of economical and social case, land also provides subsistence,
ensuring life, and is very crucial for human existence.

2.4.2 Land Tenure

Understanding land tenure system can provide critical insights into why land conflicts occur, and
how they may be addressed. Disagreements regarding these rules are often at the heart of land

17
related conflict (FAO, 2002). Land tenure is the relationship among people with respect to land
and other resources and it determine who can use what resource of the land for how long and
under what conditions. According to International Land Coalition report (2006), land and
property rights system are complex and diverse. Systems to manage land rights can and do exist
locally, even where state land administration or state-recognized titles do not exist. Lack of
adequate understanding, ignorance, or paying no attention for the complex relationships on the
ground, is often frequently stimulating resource conflict among the communities on land.

FAO (2002) defines land tenure as the relationship, whether legally or customarily defined,
among people, individuals or groups, with respect to land. Rules of tenure define how property
rights to land are to be assigned within societies. They define how access is granted to rights to
use, control, and transfer land, as well as associated responsibilities and restraints. This all
implies that having an appropriate land tenure system is the pre-requisite to manage land related
conflict due to the fact that lack of adequate awareness and ignorance about land policy is
directly or indirectly answered by land tenure system of that specific country.

2.4.3 Land Conflict

Although literatures on conflict are points to the importance of resolving contradictions and
tensions of all kinds so as to build long term peace and stability in community at grass root
levels, it does not say much about the specific role of land conflict dynamics in the integration or
disintegration of family at grass root and socio-economic interactions of community in general.
There is no doubt that land conflicts are common almost in all societies. Kironde (2012) argues
that Africa in general and Eastern Africa in particular is the scene of many disputes related to
land and other natural resources. This is partly a result of the increasing demand on the existing
resources as a result of population growth, governance deficits and the like. In addition, land is a
primary asset for development and the major source of income for most rural community living
in the Horn of Africa. As a result of this, people claims over land right so as to achieve their
objective and sustain livelihood which encompasses food security.

Land conflict did not emerge and accelerate by itself, because there are at least two parties in
each land related conflict. UNEP (2012) explains that land conflicts are generally involves
diverse parties. These parties may include members of households, families, clans or ethnic

18
groups; governments and their agencies; or other actors such as investors or company. Therefore,
as delineated above, land is an important economic asset and source of livelihoods in developing
countries. It is also closely linked to community identity, history and culture. Rural communities,
therefore, can readily be mobilized around land issues, making land a central object of conflict to
keep on the aforementioned attachment they have with land.

Land is not only a source for livelihoods. It also carries spiritual values and it is a valuable
economic asset. The increasing population, deteriorating of natural resources, environmental
stress and increasing of the value of land has led to numerous land conflicts between societies,
between communities and the state and even among communities specifically, in countryside
(Kironde, 2012). Passano et al, (2006) explains that land conflict is a disagreement over land and
occurs when specific individual or collective interests relating to land are in conflict. Land
disputes can operate at any scale, from the international to those between individual neighbours.
This implies that land conflicts are complex; they are an accumulation of grievances and
multilevel processes, including broad economic and political tendency and specific contextual
dynamics.

2.4.4 Causes of Land Conflict

Now a day, the increased stress on limited resource due to unprecedented human population
growth has made resource uneven with the existing numbers of population. As the size of
population increase, the desire for access to land becomes the hot issues for many
communities living both in urban and rural areas. In relation to this, Marry et al (2004)
explains that conflict over land is exacerbated by increment of individuals desire to much
land to maintain food security and stability of their families. Marry et al (2004) argues that
one of mechanisms used to expand land particularly among rural society is through pulling of
artificial boundary of farmland, competing to control public land and cutting down trees for
expanding of the farmland. Lussier (2005) also explains that the scarce resources can generate
the conflict over land due to the fact that scarcity motivates parties to participate in
competition to control free or public land. According to Loode et al (2006), land conflict has
different causes which includes land administration related problem, land tenure insecurity,
claim over land right, dispute over boundary and the like. This indicate that land has been one
of the most crucial resources in various corners of the world and due to this, many people

19
disputes over the plots of land, principally in rural area. In relation to this, Borras Jr. et al,
(2011) found three areas for why people contested on limited resources in various corners of
the world. The first one is that land by itself is a very important economic factor of production
to produce food and other primary goods. The second one is in the context of rising demands
for precious minerals and other values gained from land. The last one is that unlike other
natural resources, land functions in multidimensional ways for different people. Among the
others, land is a territory for various communities of people and a social insurance for many
rural households and people easily get into conflict. This further indicates that land related
conflicts have multi-dimensional causes and these causes are extraordinary interdependent.

Furthermore, the causes of land conflicts are numerous, but its nature is universal and this
implies that land conflict needs to be addressed by all stakeholders. This approach will ensure
that policy decision-making to reconsider the contribution of all stakeholders so as to mitigate
causes of land conflict. In a governance context, resolution begins by seeking to understand the
underlying and interconnected elements of the conflict before trying to design the appropriate
mechanisms of land conflict resolution according to International Land Coalition report (2006).
Therefore, land conflict commences from diffirent sources and it combines strong economic and
emotional values due to insufficient communication over common values.

According to Pandit (2005), the root causes of land and other scarce natural resorces are multi-
dimensional. Pandit illustrated that among the others, lack of mutual understanding, inherent
behaviour of parties participated in conflict, culture or trends of community, accumulation of
grievances for long period of time, inadequete participation of public in decision making process
of land issues, inablity to percieve others as an other, and inequity on possess of parcel of land
finally facilitates conditions for land coflict, particularly among rural communities. Land conflict
therefore, combines strong economic and emotional values, to the extent that peoples behaviour
in relation to land usage or the general condition of interactions among members of society
(Sanjak, 2000). As land is the only essential source of livelihood in rural areas, thus, more
generally land become central element in the varied and complex social relations and become
important causes for another types of conflict.

20
 2.4.5 The Nexus Between Land and Conflict
Land is the object of competition in a number of potentially overlapping ways. This includes
land as an economic asset, as a connection with identity and social legitimacy, and as political
territory. Competition over land and its resources are at the center of the nexus between land and
conflict. Some conflicts grow directly out of competition for land, but land is often not the sole
cause of conflict (Baranyi et al, 2001, cited in Baranyi, (2011). This indicates that the
relationship between land and conflict is strongly intertwined and due to this, addressing land
conflict need effective participation of all stakeholders equally in broad, integrated, and inter-
disciplinary way and management of other types of conflict not spillover into land conflict.

In relation to this, Weitzner et al (2006) argues that land-related conflict can frequently be traced
back to historical grievances related to land distribution in an economic and governance context
characterized by an incomplete process of transformation from traditional to modern. Weitzner et
al ( 2006) identified three areas where land and conflict is interrelated and difficult to solve in
short period of time. First, the scales of problems can often be greater and more multifaceted, as
violent conflict can aggravate existing problems of insecure land tenure and access especially in
rural areas. Second, conflict also generates new land-related problem and further weaken judicial
or traditional instruments for the management of land-related conflict. Finally, violent conflicts
can displace thousands of people in short period of time by leaving their lands vulnerable to
occupation by others which may finally resulted in hot debate between current and ex-user of
that specific plots of land.

As mentioned earlier, land is almost not the exclusive cause of conflict, but can be a contributing
factor for escalated conflict. Moreover, the roles that land plays in conflict changes over time.
While it may appear that land and resources cause conflict, the reality is much more complicated.
Land is usually one factor among many drivers/causes of conflict. UNEP report (2012) mention
that conflicts are driven by physical threats, including direct violence such as armed attacks, as
well as by perceived threats to livelihoods and well-being, threats to group identity, and a
perception that institutions, policies and laws of the state are discriminatory which are known as
structural violence. This entails that land and resources contribute to conflict than generalizing
that land is an immediate cause of conflict. According to Okello et al (2005), conflicts over land

21
are principally a function of the disparity between supply and demand on the one hand, and the
inequitable distribution of land because of the inappropriate framework for land administration
and the increment of population from time to time.

Therefore, it is possible to conclude the nexus between land and conflict in multi-dimensional
ways. When we look at land issues, economics and politics are mixed together with traditions,
culture, legal systems and public administration. As in the case of other forms of conflict, land
issues are tied to a complex structure of power and from historically symbolic attachments to
land and resource on that specific land. In a more complex situation, there is sometimes an
accumulation of conflict that may result in dispute over land and due to this, it is improbable to
generalize that land and conflict is one coin with different faces.

2.4.6 Types of Land Conflict

Land conflict may occur among farmers, between farmers and government or between farmers
and foreign or local investors. Land administrations related conflict most of the time take place
between farmers and the government. According to Loode et al (2006) the transfer of land which
often lacks written records or other evidence recognized as such by the formal institutions, lack
of coordination between administrative bodies in dealing with land conflict and the expiration of
legal lease agreements between farmers and local or international investors aggravates land
administration problems are one dimensions of types of conflict over land. Land conflict types
also involve the use and the denial of usage of communally owned land to individuals. In
addition, Crocombe (1988) reveals that land conflict includes tenure insecurity, such as priority
to older people over younger, senior to junior lines, or males over females, become incompatible.
Such is the case when an older person is from a junior line, or when a female has worked more
on the land and is older than her brother.

Furthermore, conflict over land also includes the demarcation of boundaries, particularly where
boundary markers were traditionally made by using stone heaps or signs of trees, which can be
easily shifted. One increasing problem that many countries encounter is the loss of traditional
knowledge pertaining to boundaries as the older community members pass away and younger
people often show less interest in the old ways or migrate away from rural areas in search of
better employment according to (Loode et al, 2006). These arise when community members seek

22
to fulfill their needs for more exclusive demarcation of their rights in land by frame properties on
traditional land right. Therefore, land conflict may also include competing claims over land
between the state and indigenous communities. Inheritance can also be a type of land conflict
because; disagreements over the allocation of rights to land after the death of its recognized user
may be exacerbated in settings where rules regarding inheritance derived from traditional values.

2.4.7 Consequence of Land Conflict

Land conflicts often have widespread negative effects on economic, social, and political
development of one country. This is especially true in developing countries, where land
management institutions are weak, opportunities for economic gain by illegal action are
widespread, and many poor people lack access to land. Land conflicts can have disastrous effects
on individuals as well as groups and even entire nations (Babette, 2008). According to
International Land Coalition report (2006), resource based conflicts, especially claim over land
rights are increasing in frequency and intensity and generating high levels of landlessness
persons. Whether caused by greed or grievances, land conflict causes serious social dislocations,
suspend or destroy income opportunities, create food insecurity, damage the environment, and
frequently result in the loss of life.

This implies that conflicts over the use of land generally have a negative impact on the all
segments of society or on the natural resource management or building of safe environment,
decrease quality of life of segment of society, contribute to additional state expenditures and
therefore, land conflicts have an impact on the national development in a nutshell.

2.5 Land Conflict and Natural Resource Management

Natural resources are defined as the potential sources of wealth that occur in a natural state. Land
has a variety of characteristics that lend themselves to conflict because, land plays a great role in
ensuring the survival of citizens and all natural resources are necessary for survival of human
being is directly linked to land (UNEP, 2012). Insofar as natural resources dependence matters
through feasibility effects, it is a permissive cause rather than a root cause of land conflict. Due
to variation of perception of natural resource, the damage of natural resource is directly open
gaps for conflict escalation especially land conflict (Humphreys, 2005). Therefore, land conflict

23
affects the quality of peoples access to land and other natural resources and this frequently
undermines capacity to generate sustainable livelihoods for some segments of society.

According to UNDP report (2012), the management of land and natural resources is one of the
most critical challenges facing developing countries today. The exploitation of high-value of
natural resources has often been cited as a key factor in triggering, escalating or sustaining
violent land conflicts around the globe. Furthermore, increasing competition over diminishing
renewable resources, such as land, has increased escalation of conflict over land especially in
rural area. Therefore, the mismanagement of land and natural resource can be contributes to new
conflict and hinder the peaceful conflict resolution of the existing ones.

2.6 Gender Issues in Land Conflict

Land conflicts affect different segments of society in different ways. Not only do they generally
have a stronger impact on the livelihood of the poor than that of the rich, but they also affect
women and orphans which were extremely marginalized due to traditional values traced back
from the former generation. According to (Patricia, 2013), land is not only a source of food,
employment and income; it also gives social prestige among egalitarian community.
Nonetheless, access, control and usage of land largely remain the domain of male privilege,
entrenching patriarchal structures of power and control over community resources, history,
culture and tradition. Patricia further explains that for the majority of women in Africa; access to
land is still linked to their relationship with a male family member and is forfeited, if the
relationship ends. Based on this view, it can be conclude that women are rarely seen in the issues
of land due to the inherent cultures, values and norms inherited from the former generation
which gave women less emphasis in socio-economic structures of the community.

In support of this point of views, Sow (nd) argues that the right to inherit land is still mainly
regulated by traditional way, which transfers land ownership from father to son by excluding
female from inheritance of land and other property. Similarly, widows are also excluded from
inheritance right of the land that formally belonged to their deceased husbands. This view further
indicates that the widow woman have no right to use of inherit her ex-husbands due to norms
deep rooted in the heart of the current generation particularly among the society living in rural
areas. UNDP (2006) explains that under most systems of traditional law, women do not own or

24
inherit land, partly because of the perception that women are part of the wealth of the community
and therefore, cannot be the locus of land rights grants. For most women of Africa, access to
land is via a system of vicarious ownership through men such as husbands, fathers, uncles,
brothers, and sons. Therefore, it is clear to conclude that traditional rules have the effect of
excluding females from the clan or communal entity and this pushes women to claim for their
rights on common property including land.

Patricia (2013), in her part argue that since land is a fundamental resource for improving living
conditions and economic empowerment, the lack of land rights for women undermines efforts to
promote gender equity and equality within a patriarchal society. Because of this, few women
who get awareness about their right and responsibility are currently claiming for their right on
land usage and inheritance. In her other publication, Patricia (2006) deeply confer that under all
systems of law in many African countries, land ownership is gained in patriarchal system and,
this system considers women as property of men and excludes them from taking part in the
ownership of land. As she is deeply discussed, in some communities, all women property, even
which acquired before marriage, is under the sole control of her husband. Although the wife has
the right of use over property, such control were exercised with her husbands consent.

According to International Land Coalition report (2006), women along with other socially
marginalized groups, may be further underprivileged as compared to other segment of society on
the issues of land use and inheritance rights. Often women lack secure rights to land, and
property both under traditional and state tenure systems and, this potential bias pushed women to
claim for their right of land usage in system, which is under traditional and state tenure systems.
On the other hand, Agarwal (1994) argues that although it is often assumed that land conflict
involves claim for land right as greater percentage, however, this is not always necessary to
conclude that women are excluded from land ownership due to male domination. Women by
themselves are shows less attempt to claims for well defined and recognized right both in
traditional and modern law on their rights of use and transfer as long as they are living in the
community. In confirmation to this argument, Rekha (1995) argues that varieties of types of
rights can govern tenure relations at a given time or place and, within them, women's rights can
be varying from country to countries. Nevertheless, whatever the governing tenure arrangements,

25
in general, women's land rights tend to be restricted most certainly in practice especially in
developing countries where land is the milestone for survival of majority of peoples and
development under all perspectives.

As to Rekha (1995), some developing countries encompassed the issues of gender in their land
policies to mainstream gender equality in relation to property right. Yet, in most developing
countries, women are rarely initiated to claim for their right and, this further exacerbates
domination of all properties by men. Therefore, there is no doubt that women are highly
excluded from having right on property right in general and land right in particular in developing
countries due to indistinguishable land administration law and traditional belief deep rooted in
the community. If, for instance such as death, the woman does not use the land of their ex-
husbands, rather they inherited within her property. More commonly, patrilineal inheritance
predominates in countryside and women obtain rights to land through their husbands or sons.
This finally creates grievance in the heart of women and they claims for land and other property
and, the accumulation of greedy and grievance open door for further land related conflict.

2.7 Land Conflict Management Mechanisms

Since conflict is part of daily life, once it is escalated, people could find the appropriate
mechanisms to manage its scale/ degree and resolve effectively to restore the previous relation.
To this end, many people used traditional conflict resolution as a primary choice for rebuilding
peace and stability in the community. Choudree (1999) explaines that alternative conflict
resolution processes are part of a well-structured, time-proven social system geared towards
reconciliation, maintenance and improvement of social relationships. The methods, processes
and regulations are deeply rooted in the customs and traditions of peoples. He argues that people
give more emphasis for these traditional conflict resolutions than for litigation system because,
its accessible everywhere we go. In addition, Passano et al (2006) argues that since alternative
conflict management considers conflict to be as an integral part of reality and social dynamics,
conflicting parties give priority for alternative conflict management to look at their areas of
conflict to reach eternal peace.

Land conflict like any other types of conflict also managed or resolved through informal and
formal justice institutions, each of them having its own mechanisms of dealing with how to

26
resolve conflict. According to Sackey (2010), formal institutions are those that are established by
legislation and while informal institutions are those local institution that are recognized by local
community and investigate deeply cases due to their proximity to conflicting parties and its
easier accessibility by all segment of societies. In many parts of the world, indigenous peoples
have strong attachments to their land. In addition to the aforementioned reality of alternative
conflict management in dealing with land conflict, Babette (2008) portrayed that land represents
home, binds together past, present, and future and constitutes their spiritual base. Land being
such a complex issue for them, conflict about it has to be settled in a more comprehensive
manner. Alternative conflict resolution is therefore, particularly appropriate for dealing with land
related conflict.

Basically, alternative conflict resolution is a form of conflict resolution, which encompasses

arbitration, negotiation, mediation, and the like. Arbitration is a process in which a qualified third
party listens to the facts and arguments presented by the conflicting parties (or their
representatives) and deliver decision. According to Herrera et al, (2006), in cultures where
traditional law and formal law co-exist, arbitration of land conflicts may occur between these
two systems, in local land administration offices. In such cases, the local land administrators are
the arbitrators and their decisions are binding, although they can be appealed in court. He further
revealed that the advantage of having local land administrators arbitration is very important in
delivering sound decision where all parties accept the decision without hesitations.

Negotiation is another alternative conflict resolution and it is conducted only among conflicting
parties to narrow their areas of differences and reach common consensus without third parties
intervention. In relation to this point of views, De'stre (2012) explains that although one party
may have more power or influence than the other party, a negotiation still requires mutual
influence and the consent of both parties, thus each party attempts to influence the other to reach
consensus. The negotiation process requires parties to communicate, to learn how to influence
each other, and to develop some level of consent and coordination. This implies that negotiation
have influence upon conflicting parties to reach common consensus without interventions of
third party and, this make negotiation unique among traditional conflict managements.

27
On the other hand, mediation is another alternative conflict resolution mechanism where third
party is restricted to facilitations of the overall process of conflict management. Moore, (1996)
explain mediation advantage as it is useful where the matter is complex or likely to be lengthy or
involves more than two conflicting parties. He argues that mediation is virtuous to maintain
continuing relationships and can lead to creative and flexible outcomes due to the fact that many
conflicting parties belief in the confidentiality of mediation. Boulle, (2005) also explains
mediation as it is emphasized on non-adversarial approach to conflict, responsiveness to
participants needs, flexibility of the process, self-determination and conflicting parties autonomy
in decision making process and mediators do not make decisions for the conflicting parties than
suggesting the likely remedies to bring eternal peace.

Land conflicts emerge everywhere at the local level; between herders and farmers over grazing
areas and water and among farmers over boundaries. The judiciary system, which held at local
level, is sometimes not effective to address land conflict at grass root. Ouedraogo, (2008) study
shows that, many conflicts are settled via alternative dispute resolution mechanisms involving
traditional chiefs and other local institutions to address land conflict so as to bring about eternal
peace, order and stability where all stakeholders benefit from common fruit of development. In
other words, since alternative conflict resolution is closer to wider community as compared
courts, it plays a great role in the process of re-establishment of harmony. Therefore, alternative
conflict resolution is plays a great role in addressing land conflict and sustaining harmony among
parties involved in the conflict.

28
 CHAPTER THREE

RURAL LAND CONFLICT IN SUDE WOREDA

Introduction
Understanding the dynamic link between land and conflict requires understanding of the nature
and characteristics of conflict, its duration, causes and intensities. Understanding the nature of
rural land conflict too, needs to determine what constitutes in land conflict. Since the relationship
between land and conflict is complex, addressing the root causes of rural land conflict requires
effective participation in broad, integrated and inter-disciplinary approaches where all
stakeholders equally participate for the sake of common benefit. Once all stakeholders
participated in addressing the root causes of rural land conflict, then, the probability of conflict
escalation in relation to land become rare and this contributes to strengthening peace and stability
at grass root. This chapter deals with the root causes of rural land conflict and the triggering
factors that exacerbate rural land conflicts in Sude Woreda in post 1991 period.

3.1 The Root of Causes Land Conflict

3.1.1 Boundary Conflict

Conflict is associated with the decline of natural resources and increment of human population
and competing to share the existing limited resources. Natural resource scarcity, increment of
human population and resource degradation can generate different types of conflict. Land is one
of scarce natural resources that are highly tied to the daily livelihood of human being. Due to this
and other issues, most of the time, land is vulnerable to conflict, especially among community
living in the countryside. The majority of key informants portrays that land conflict is a type of
conflict that involves claims for land rights between two or more parties, focused on a particular
plot of land and, while others informants view point depicts land conflict as an inherent feature
of human being. Thus, boundary is an important area where frequent rural land conflict occurs as
a result of intensive competitions for the expansion of farmland.

Boundary is represented as the line or sign being agreed among various households or
individuals as a formal separation of one plot of land from the other in the study area and stone,
heaps, grass, shrubs, and bay are some of signs used to separate one plot of land from the other.

29
According to Shifaraw Megarsa3, most rural land related conflict is the result of boundary
conflict followed by inheritance, expanding of private land size to the public land, claims over
land rights and polygamy in the Woreda. He further portrayed that among causes of rural land
conflict in Sude Woreda, boundary issues take the higher percentage in terms of its duration,
intensity and complexity to give comprehensive and sound judgment.

The data gained from Sude Woreda Court Office, mainly from land bench and record office, also
indicates that majority of the files compiled in record office are related with land conflict.
Consequently, the majority of these files are related with the issue of boundary conflict and other
root causes like claims over land rights, inheritance, contract expiry period, polygamy, divorce
and land sale. I will discuss in-depth these root causes followed by boundary related conflict.
Participants of focus group discussions revealed the fact that when boundary related problem
occurs, there are group of people aimed at achieving self interest from the issue. Not only this,
they also used as the initiators and entrepreneurs of the conflict who create conducive
atmosphere for corruption and related issues. Similarly, the view of key informants indicates that
boundary conflict in the Woreda is frequently escalated since 1991. They argue that pre- 1991,
boundary related land conflict is very rare and if exist, it was resolved simply. Issa Abdo4 has
the following to say in relation to boundary as root cause of rural land conflict:

I have experienced boundary conflict before 1991 and in post 1991 period and
at the same time, I was actively took part in solving boundary conflict with my
colleagues. The reality is however, the cases under the former period is not
complex and giving immediate solution also not take long period of time.
However, in post 1991 period, the cases come from conflicting parties in
relation to boundary conflict is too complex and giving verdict is often tiresome.
This is the result of parties linking the case with their ancestors, false evidences,
bribes and beliefs of the right to appeal to higher courts.

Indeed, this argument summarizes the prevalences of land conflict related with boundary in
the study area and the behaviours of conflicting parties both pre- 1991 and in post 1991 period.
While interviewing some peoples who experienced boundary conflict in the Woreda Court
Office, both plaintiff and defendants are reluctant to give their cases to elders and rather, they

3
Sude Woreda Rural Land Administration and Environmental Conservation Office Director, 22/12/2013, Kulla, Sude Woreda
4
An elder and key informant who experienced boundary related land conflict in Sude Woreda, 1/1/2014, Halila Anole Kebele
Administration. He is notable elder who invited to look complex cases through arbitration and mediation (mediating the process).

30
choose asking for the right to appeal to higher courts, which further lead them to unexpected
expenditures either intentionally or unintentionally. In contradictory with this argument,
officials working in Sude Woreda Court and Rural Land Administration argues that land
conflict related with boundary was drastically minimized in post 1991 period as compared to
former regimes where people in the Woreda lost the right to appeal for further investigation of
the cases. The reality is that, although boundary conflict is frequently seen both pre- 1991 and
in post 1991 period, there were certain shortcoming of boundary conflict management in a
scientific way or creating map for each plot of land and the traditional mechanisms to separate
plots of land is easily vulnerable to conflict. This implies that there are problem in dealing with
giving durable solution for boundary and other root causes of rural land conflict in the Woreda
and the ineffective quality of elders organized for arbitration and education status of
personnels working in Kebele Administrations could be some of shortcoming seen to manage
boundary conflict.

The views of FGDs participant indicates that there is a basic problem on the Woreda Rural
Land Administration in implementing different rules and regulations of rural land
administration proclamations. They reported that during the recent rural land measurement,
there was visible corruption given by wealthier to peoples assigned to measure every plot of
land and reports to the Woreda Land Administration. Those people, who got corruption, then
passed over some plot of lands and register by adding or subtracting plots of land. There were
also conditions when they did not record the actual size, location and specified boundary of
that specific plot of land, especially that of poor peoples and other vulnerable groups in the
community. Due to this, few people who lost the actual size of their land were reacting to
return back their land in the Woreda during researcher field visit. Most of the time, even
though the process takes long period of time, the victims got their land by crashing false
testimonies set against them by wealthier.

The majority of Key informants point of views also shows that there were no transparency
during measuring each plots of land and some of them argue that, it lacks transparency after the
measurement is completed and as a result of this dilemma, poor people are most of the time

31
vulnerable to such type of boundary conflict. Bayyida Gafur5 has the following argument in
relation to complexity of boundary conflict.

There was no transparency during measuring of plot of land and recording of

facts about the measured land on the book. Sometimes, we could find the
contracted land on the book of an individual who contracted that specific land
for limited years. In addition, they inappropriately registered the exact boundary
of each plot of land and, this is the outcome of clanship and corruption deep
rooted in our Woreda. Such issues were aggravated in post 1991 period. Since
Derg has rigid policy on land, the possibility of boundary conflict escalation was
very rare. Nevertheless, currently, it is beyond the capacity of elders to address
boundary related and other root causes of rural land conflict at grass root due to
the right to appeal and false testimonies.
While participants of FGDs point of views confirms the above argument, however, key
informants from different Offices of the Woreda point of views collapses with this argument.
These Officials argues that there was no increasing or decreasing of the actual size of plots of
land during and after land measurement. Few people might be exercised such unethical
behaviour, however, they do not escape from the eye of society and rule of law and due to this,
there is no empirical evidences about the aforementioned point of views. They further claims
that the ultimate goal of land measurement is to identify the user of particular plot of land and
give him/her/them certificate that assures, that specific individual has the right to use that
specific plot of land and this contributes to mitigate boundary conflict. Nevertheless, participants
of FGDs strictly debate with these officials points of views and they claimed that what written
on the paper and what implemented on ground is contradictory in the Woreda. In confirmation to
FGDs participants argument, FDRE Proclamation No. 456(2005: 3138) sections two under
article 6/1/ stated that:
The sizes of rural lands under the holdings of private persons,
communities, governmental and non-governmental organizations shall
be measured as appropriate using cultural and modern measurement
equipments; their land use and level of fertility shall be registered as
well in the data base center by the competent authorities established at
all levels.
This indicates that the competent authorities assigned for land measurement are responsible to
register all facts about the specific plot of land without discrimination. However, what is on

5
Bayyida Gafur is community elder who live in Sammar Abdoye Kebele Administration; He was 83 years old at the
time of interview. 29/12/2013, Kulla, Sude Woreda.

32
proclamation and what these competent authorities conduct during and after land measurement
is contradictory based on the point of views of participants of FGDs. In addition, participants
of FGDs argue that the competent authorities assigned for land measurement should take into
consideration the actual size and boundary of land to bring boundary conflict into an end.
Therefore, although it is tiresome to resolve boundary conflict due to the aforementioned
reason in rural areas, it can be managed if all stakeholders of land got awareness about the
impact of boundary land conflict in general and if government give due emphasis for local
actors who participated in boundary conflict management.

3.1.2 Inheritance Related Conflict

In the study area, most of rural land conflicts are limited to inter-personal level, which also
encompasses inheritance. Inheritance is the root causes of rural land conflict because, most of the
time inheritance takes place through informal or traditional ways. Inheritance related conflict in
the Woreda like boundary and illegal acquisition of public land and the like, become the root
cause of rural land conflict and even complex issue, because parties involved in the inheritance
conflict are sometimes greater than other root causes of rural and conflict in the study area.
Inheritance related conflict is not limited to land conflict, but there is also inheritance related
conflict in other types of property like house, division of materials, and equalitarian trees (if
exist) during the death of parents or close relatives who have no kids to inherit their property in
the Woreda.

For the purpose of this study, I discuss inheritance issues only from land conflict perspective
and by giving more emphasis on women segregation from inheritance of land. Therefore, in
this subtitle, how inheritance become source of rural land conflict, the status of women in
inheritance both from religious and cultural perspectives will be discussed in-depth. FAO
(2002:45) explains the concept of inheritance as follows.
Inheritance is the right to transfer property to ones heirs. In many
societies, property descends to males, and females have no or little right to
inherit. In some societies, tenure rules may provide for females to inherit
but, in practice, daughters are expected to give up this right on the basis
that they will, upon marriage, gain access to the lands of their husbands.
In patrilineal societies, the widow may lose rights and be dispossessed.

33
Based on this fact, property inheritance was given priority for men, women are conceived as the
property of men and patrilineal family approaches have exclusive power on property and this is
also true in the Woreda. Inheritance is a complex root cause of rural land conflict due to its direct
linkage with traditional systems of transferring ones own property to kids or close relatives in
the Woreda. This is due to trends deep rooted in traditional inheritance process where parents
inherit their property by their kids; specifically son or other close ties and they promised
inheritance orally while they are alive. After they passed away, the contradiction, differences of
ideas, behavioural change, and other key features would be take place among family members or
other close relatives according to FGDs point of views.

Since oral promise is very traditional practice and sometimes, it is inconsistent with modern
system of inheritance procedures, it results in exclusion of some family members from taking
part in inheritance of land and even, properties on that specific plot of land. Accordingly, girls
are most of the time excluded from inheriting their familys properties, including land due to
religious and traditional values. Girls do not have anything to say in relation to marriage and
sharing family property in the Woreda. There were beliefs that after girls married and moved to
the home of her husband, she did not inherit land from her parents. Bride prices and dowries
have been and still commonly used in the study area, particularly among Muslim communities.
Due to this, girls are excluded from sharing the property of their families including land which
also includes denial of their constitutional right. For instance, FDRE constitution (1995:155)
article 35/7/ state that:
Women have the right to acquire, administer, control, use and transfer
property. In particular, they have equal rights with men with respect to
use, transfer, administration and control of land. They shall also enjoy
equal treatment in inheritance of property.
The FDRE constitution give due attentions for women to be actively involves in social, political
and economic activities of the country. However, this is realized if and only if, the woman shows
readiness to claims for their right. Participant of FGDs argue that in addition to the domination of
women by men in all aspects, women by themselves have low attitude toward themselves and
less concerned to claim for their right in the study area. Regulation to pursue the Oromia Rural
Land Administration and Use Proclamation No. 130/2007 under article 10/3/ states that any
person who has got permission to get the rural land by law shall have the right to get land in gift

34
or inheritance without sexual discrimination. However, this article is not properly implemented
by the Woreda Rural Land Administration due to womens lack of awareness about their
constitutional right and, this further consolidated the domination of women by men in social,
political and economic activities. Of course, cultural values might be contributed for women
giving less emphasis to claim for their fundamental right; however, this cannot be sufficient
conditions because, the government give due emphasis or affirmative action to empower women
in social, economic and political issues. Nevertheless, this could be succeeded if women show
ripeness and willingness to claim for their right.

In Sude Woreda, inheritance related conflict is widely seen according to key informants point
of view. Sude Woreda Women Office Affairs reported that men exercise control over land and
women are excluded from exercising their right due to religious and customary values. This
result in subordination of rural women in terms of socially and economically providing
themselves and become less competitive in society they live. In addition, the structures at
family level and patriarchal system exercised almost in all kebele administrations of the
Woreda aggravated to prevent women from actively taking part in community issues. Indeed,
inheritance as a cause of rural land conflict might because of the structures of families due to
the fact that the structure of family determines the right of each family member and, such
issues are most of the time derived from societal culture and religion than from formal laws.

Since religion and customary values are used as the identity marker of human being, people in
the study area give due attention to customary values and women are vulnerable to land right and
different challenges due to some shortcoming of customary practices. This argument created hot
debate among the participants of focus group discussions. Few participants of male focus group
discussions still argue that women are the property of husband. Their point of views indicates
that since girls married to an individual who have at least a plot of land, inheritance should be
keep on only for boys. Besides this, majority of participants are depressed for what conducted on
women in past time and dedicated highly to realize the land right of woman and to increase
women participation in the process of rural land conflict management. On the other hand, all
participants of women and youth FGDs argue that the rights of women are not explicitly seen in
traditional practice due to superiority of men in such practices. They reported that woman has no

35
say in patriarchal system of family institution, especially in the process of rural land conflict
management. In Sude Woreda, patriarchal system of family institution is deep rooted and women
are out of the game in all aspects, including decision making on land issues.

Especially among Muslim community living in the Woreda, when the husband dead, women
become inherited with their land to close ties of her ex-husbands. Hawwa Adem6 is a key
informant who experienced land conflict due to inheritance dilemma triggered by religion and
some customary practice. She has the following to say about complexity of inheritance:

My husband died before five years. Then, my ex-husband elder brother

inherited both land and my families including me. He married me as the
second wife based on Islamic religion sharia system and cultural practice
in our communities. After a mean time, he registered my land on his own
certificate. I got information from his close friends and reported this case
to head of my Kebele Administration. Although he used false testimonies
and claims that his brother allowed him to inherit all of his property, the
Woreda Court supported me to regain my land with certificate that
assures my land holding right.

This implies that if the husband is deceased, his wife remains the property of his clan or a brother
of the late husband becomes the new husband of the widow. According to Yigramew (2009),
inheritance and other form of family transfer as well as patriarchical ideology determines that
men could get prioprity in terms of family resource transfer. It consolidates that boys could get
preferences over girls to inherit the land and other property of their family. Although the extent
to which these traditions exercised are vary from kebele administrations to other and even from
family to family, the central notion of inheritance is still the root cause of rural land conflict in
the Woreda. The ultimate reason for discriminating women in relation to inheritance right is
mainly due to notion of some religions and customary values stated above, which advocates that
men should govern outdoor activities and women indoor activities.

As stated above, the awareness of women about their land right and the attitude they have toward
themselves in the community they live coupled with men domination made women to be not to
claims for their land right. In addition, there is a condition where women themselves agree to be

6
Hawwa Adem is a widow who lives in Uru Gimbicho Kebele Administration and held for interview at Sude Woreda Court
Office. 19/12/2013, Kulla

36
inherited with in her land to her ex-husbands brother or close relatives due to lack of good
awareness, influence of religion and culture in rural areas of the Woreda, and began to debate
after meantime. On the other hand, widow is sometimes compulsorly requested to marry her ex-
husbands brother along with her land and childrens and this create debate among them and land
is the potential area in this debate. Because, she is considered as outsider clan and this is, mainly
take place to avoid people coming from an other clan and inherit her property. In relation to this,
Patricia K. (2006) portrayed that sometimes widow women traditionally do not inherit land
because; the society perceives women as the property of men and other clans are less
emphasized to inherit widow and certainly, priority was given for her ex-husbands relatives.
This implies that a controversial issue of inheritance creates conflict even between the clan of her
ex-husbands and her parents. Although such issue is not exagerated in the Woreda, but there
were a situations when inheritance conflict go beyond family level and encompasses many
parties including the clans of the spouse.

Indeed, inheritance by itself is unclear notion in a traditional practice. It lacks clarity about the
person inheriting the property, property to be inherited, and fixed procedures of inheritance in
cultural ways. Sometimes, inheritance of land takes place among single families and close
relatives. In relation to this, participants of FGDs argues that there is no clear cut ground that
justifies who could be close relatives; because there is a condition when servants7 claims for
inheritance after the family who hired him/her passed away.

Therefore, one can argue that women are denied their rights on land and vulnerable to conflict
over land. They have no equal say in decision making even at family level in terms of land
transfer and other properties that could be transferred as a form of inheritance and gift. In
generally, majority of key informants and participants FGDs agree that land inheritance conflict
is not confined to women exclusively, but also it take place between the senior and junior boys in
the same family. As compared to excluding women from inheriting property, inheritance conflict
between senior and junior boys is rarely seen in all of the Woreda Kebele Administrations. Such
kind of inheritance conflict is aggravated by oral promise of their families while they are alive
and promised one of their son to inherit their properties. Unfornately, such oral promise lacks

7
In this study, servant represents a person who work in somebody house in return of money

37
validity due to lack of specification and justification about the property to be inherited.
Inheritance is allowed only for last child born in that specific family in the study area, however,
all childrens are claims to inherit the same plot of land and this directly lead them to
inherentance conflict. Therefore, traditional inheritance is the root causes of rural land conflict in
the study area due to direct connection with customary practices and religous influence.

3.1.3 Contract Expiry Period

Contract can be understood in different ways. However, for the purpose of this study, contract
represents a form of agreement in which two independent parties agreed to contract a plot of land
in return for money for specified number of years. Although there are oral or semi- formal 8
agreements between concerned parties about the expiry period of contract, however, there were a
possiblity in which an individual who contracted that specific plots of land denies agreement and
escalate conflict. In relation to this points of view, participants of FGDs assertion indicates that
contract expiry period and reciever denials of returning back contracted land is challenging the
poor people and other victims of land conflict due to their inability to defend their right in few
kebele adminstartions of the Woreda.

The document and mechanisms used by parties to sign their agreement was very traditional and
sometimes, they agree orally without written document that holds binding rule for both parties.
In addition, although some of them attempted to make their agreement in sem-formal/; that is,
with document indicating their agreement and binding rule, however, most of the time, these
document has no official seal, which is vital for debate during the time of conflict. Due to this
and other reasons, majority of key informants and participants of FGDs argue that the document
that parties signed their agreement should be supported by official seal to support poor people to
defend their land right logically.

An elder who live in Tullu Hofi Kebele Administration called Muhammed Bati9 states that oral
or semi-formal contract made parties to have mutual misunderstanding and grievance and hence,

8
For the purpose of this study, oral or semi-formal represents an agreement which is signed on the paper without
official seal based on the consent of parties.
9
Mohammed Bati is Community elder and key informant in this study who lives in Tullu Hofi Kebele
Administration. Intervied on 17/12/2013 at Tullu Hofi Kebele Administration, Sude Woreda

38
local elders were unable to handle it due to false evidences and clanship. It is after they
contradict starting from Social Court to Woreda Court, even appealed to Higher Court and spent
their effort and, that they apologize to brought their case to community elders and accept the
decisions given by community elders at grass root levels. Therefore, contract expiry period is
also the root causes of rural land conflict in the Woreda, which is triggered by false testimony,
bribe, and lack of awareness about the effects of oral agreement in their future interaction.

3.1.4 Polygamy
According to Encylocopiadia (2002), polygamy refers to a system in which a man marries more
than one wife at the same time or less commonly, a condition in which many women are married
to single man. For the purpose of this study, polygamy represents a man who marry more than
one wife. In the study area, polygamy symbolizes a particular religious practice and cultural
heritage from the former generations. It is considered as an acceptable and valid form of marrige,
specifically among Muslim communities live in the Woreda and among few Christians living
there. According to information gained from Sude Woreda Rural Land Administration and Court
Office, land conflicts related with polygamy is very common among Muslim communities in the
Woreda than the followers of others religion, although it is easily solved by local elders as
compared to other root causes of rural land conflict in the Woreda. According to Adem
Muhammad10, people view monogamy or the state of having one wife as natural form of
marriage and seek for the next wives both for prestige and economic advantage. Adem have two
wives and he divided the existing land equally for both of his wives to avoid conflict over land
holding and overlapping of certificate. As he reported, there is no conflict over land right among
his family due to clearly division of the existing plot of land. Nevertheless, there is conflict of
interest and intolerance among the two wives. Adam concluded that in most cases, people who
marry more than one wife seems that, they are economically stable, but in practice, there were
conflict of interest and inequity of the existing property division for these wives. Most of the
time, the first wives could get opportunity to have many land and her husband decrease the
amount of her land gradually when he marries the second wife. This results in hot debate
between the husband and his first wife and even within their children. Women who participated

10
A key informant and community elder living in Halila Anole Kebele Administration , Sude Woreda. Intervied on
1/1/2014 at Halila Anole Kebele Administration

39
in FGDs view shows that polygamy practice is one of religious and cultural values contributing
factor to women oppression both in socially and economically in the study area.

On the other hand, few men participants in FGDs argument indicate that polygamous marriage
system contributes to widen clan by a number of children born with special emphasis on boys.
They argue that having many wives is crucial for keeping on the prestige they have in the society
they live and economically stable. Beside this, majority of men participants in FGDs argument
shows that polygamy is root cause of rural land conflict in its very nature. They argue that people
in the area do not give due consideration for the notion of equal distribution of land and other
property. Due to this, many women in the study area are claiming for equal distribution of
existing land and appeals to Kebele Social Courts and Woreda Court. Hamdan et al (2009)
confirmed that in some cultures, polygamy is considered as the key marker of economic success.
The implication is that the more one has many wives, and then he is so perceived to be more
successful in society despite not giving due consideration for equal distribution of the existing
plots of land for all wives.

In relation to this, one of my key informants Called ASH11 has the following to say:

I have three wives and seven-hectares of land including grazing land. I

married three wives due to the following reasons. First, my religion allows
me to marry up to four wives. Second, I married them to boost my income
generation. Thirdly, since my first wife does not bear children, I forced to
marry the second and the third wife only for seeking of kids. In terms of
land division and land holding certificate giving for all of my wives, I do
not allow them to ask me such issues because, these women by themselves
are my properties. Because, it is my responsibility to treat/give care all of
them based on my religion.
From this, one could understand that polygamy can be a cause of conflict in relation to claiming
for equal division of the existing plot of land for all wives. FDRE Proclamation No. 456/2005
Section 2 under article 6/4/ indicates that where land is jointly held by husband and wife or by
other persons, the holding certificate shall be prepared in the name of the joint holders.
However, in the study area women denied by their husbands to have joint certificate and they
are assumed as the property of their husband by putting aside the fact that womans are equal

11
ASH is a key informant who has three wives and brought to Sude Court by one of his wife. Even though he called by Sude Woreda Court land
bench, during my interview with him; he denied to allow his wives to have their independent land certificate. But, the court forced him to
admit the truth and divide land equally for all his wives. Interviewed on 30/1/2014 at Kulla Town, Sude Woreda

40
with men both physically and mentally. Such kind of perceptions in the Woreda is currently
lacked validity due to awareness creation about the right of women by joint committee from the
Woreda Land Administration, Gender Office and Court (Women and Children Bench) and, this
helped woman to claim for their land rights almost in all Kebele Administrations of the Woreda.

In Sude Woreda, patrimonial system of marriage or family is very common almost in all Kebele
Administrations. Patrimonial, cultural values and religious belief resulted in exclusion of women
from making decision on land issues at family and community level in the study area. During
data gathering of this study, there were good activities on the behalf of the Woreda Women and
Children Office in creating awareness about the right of women on land and, the effect of
polygamy both at family and community level. Creating awareness to treat polygamous women
and avoiding conflict escalation as a result of unequal property distribution is good attempt made
by the Woreda Women and Children Office according to Saniet Fikru12. Therefore, if the current
trends are continue, women under the state of polygamy will claim for their land right and the
probability of land conflict related with polygamy will also become narrow. If not, the
oppression of women under the state of polygamy will continue and claiming for their land right
exacerbate land conflict in the Woreda.
3.1.5 Claims Over Land Right

Claims over land rights, competition to seize public land and access to land are today the most
frequent causes of land conflict in the rural areas of the Woreda. According to majority of key
informants and participants of FGDs point of views, such issues were traced back to imperial and
military regimes where Woreda residents were lacked due emphasis in all aspects. In addition,
access to land for rural land were conducted based on customary practices during the imperial
regime and few peoples in the study area were claiming for land of their ancestors. Although
they are claiming for land occupied by their ancestors, their argument lacks validity in front of
Sude Woreda Courts, because customary land practice ended with the introduction of the 1975
first land reform in Ethiopia. Due to this, Sude Woreda Court in collaboration with the Woreda
Rural Land Administration and Environmental Conservation Office are attempting to create
awareness about the overall land rights and contents of some proclamation like Oromia Rural

12
Sude Woreda Women and Children Office Director. Interviewed on 2/1/2014 at Kulla Town, Sude Woreda

41
Land Administration and Use Proclamation No. 130/2007 and Federal Democratic Republic of
Ethiopia Rural Land Administration and Land Use Proclamation No. 456/2005 to mitigate the
probability of land conflict related with claims over land right and other causes of rural land
conflict in the Woreda.

Although people in the study area claims for land which was occupied by their ancestors,
however, customary land is not possible to exercise in post 1991 period due to its shortcoming in
hosting all segments of societies interest13. In the study area, some degrees of conflict are
typically characterized by the situations which involve competing claims over the use of the
same piece of land which is directly linked with the land holding rights. Majority of key
informants were argue that whether claims are grounded in formally recognized rights or in
customary use, the situation involves a group of people, rather than individuals. Parties will
compete over the same land use or for different uses to win competition and made that specific
land their own holding. Usually, public land is vulnerable to competition by many individuals
and currently, there is few land reserved for grass due to illegal seizing of public land by
surrounding people according to data gained from Sude Woreda Rural Land Administration and
Environmental Conservation Office. As a result, number of livestock in the Woreda was
radically decreased due to lack of grass and this is, mainly aggravated by illegal seizing of lafa
ummataa which means public land and by number of parties involved in the conflict.

According to data acquired from the Woreda Courts, the increasing competition over the control
of public land is frequently seen in Tullu Hofi, Chimo Usman, Uru Gimbicho and Sammar
Akkiyya Kebele Administrations. Shifaraw Megarsa stated that the issues of competition over
the control of public land is currently, the point of hot debate between many conflicting parties
come to their Office. He further reported that women and poor peoples are unable to defend
their land rights and they are vulnerable to unexpected expenditure and even, loss of their land.

The likelihood of land conflict based on claim over land rights and competition for seize of
public land is also aggravated when large landless people has limited opportunities to seize or to

13
FAO (2002) explains that customary rights to land in rural societies, for example, are usually created following their traditions
and through the ways in which community leaders assign land use rights to the community members. These rights of access may
have their origin in the use of the land over a long period. They are often rights developed by ancestral occupation and by the use
of land by ancestral societies.

42
get amount of land they needs to feed their families. The chances are even higher when another
marginalized section of society started looking for land control for survival. In addition, there are
a number of conditions aggravates conflict over land related with claims for land rights in the
study area. These includes grievances over inequities of land holding, weakness of Kebele
Administration leaders in delimiting public land boundary, land distribution based on customary
practice during imperial regimes and biases are good example of factors exacerbated claim over
land right in the Woreda.

According to Issa Abdo, land conflict related with claim over land right is difficult to handle at
grass root by elders due to parties strict argument which lacks consistency and justification.
Most of the time, claims over land rights are conducted between different clans. Each clans
claims for the same plots of land by presenting their own justification and most of the time, there
were also verbal disputes among the leaders of the two clans. Claims over land rights have
negative effects on individual and, as well as, on the neighbours. Because, the neighbours bother
for resolving the conflict among conflicting parties to ensure peace and security in their village.
Claims over land rights are also create gosummaa which means clanship and animosity
between conflicting parties in their future interaction. The justifications of both parties are traced
back to their ancestral and this is, difficult to identify the accurate cases because of bribe and
false testimony set by the parties.

3.1.6 Divorce and Property Division Related Problem

There was a hot debate among participants of focus group discussions on what is actually
involved in divorce case. Although participants were come up with multi-dimensional concepts,
however, there were agreements that a divorce is just the end of the religious, legal or traditional
marriage contract between the spouses. Although, divorce is not exaggerated causes of rural land
conflict, there were land conflicts between wife and her former husband in the study area
according to Sude Woreda Court Record Office. Most divorce case in the Woreda is related with
polygamy and unequal division of land. Once woman is denied of equal treatment from their
husbands, she decides to divorce and marry another person. The problem here is during the
division of the existing land between her and her former husband and rarely, with their children.
Few divorce cases come to the Woreda Court is take long period of time to handle due to

43
patrimonial, religious belief and cultural values existing in the community in the study area. Men
have absolute power over women and the decisions passed by their husband are final. According
to Shamsi Jemal14, during divorce case, men are unkind to divide land for their former wife and
children, rather they prefers to divide another movable properties. She has the following to say:

I was the first wife for my former husband and I have five children. He married
two wives consequently and asked me to share a plot of land with his third
wife. I agreed to do so and, lived with them for three years with full of
grievance and mutual misunderstanding. Finally, I decided to divorce him and
asked him to allocate plot of land for me and to my children. However, he is
not willingness to allocate land and I informed to local elders and all of his
close friends and his families. Still he is not volunteer to accept the decision of
elders. Finally, I applied to Kebele Social Court and Woreda Court at the time
and I got my share after long process of litigation system.

This implies that divorce is a root cause of land conflict in family institution as it is the end of
marriage contract between spouses. As one can understands from the above quote, a child of
divorced family faces challenge and, they will be not treated equally under the current wives of
their father and they commence to claims for the existing plot of land either for their mother or
for themselves. This is finally results in the escalation of disputes over land and other property
division problem and creates animosity between families. In generally, divorce and inequity in
property division was exists in Sude Woreda as a cause of rural land conflict although it is not
such much sever. However, the existing conflict related with divorce is complex due to
domination of women by men and the end of marriage contract. Parties involved in such kind of
conflict lose their effort, time and money during claiming for the right to appeal starting from
Kebele Administration Social Courts to Federal Supreme Court in searching of justice.
3.1.7 Illegal Land Sales
Land sale was another root cause of rural land conflict practiced in the Woreda. There are a
number of factors that force an individual to sale his or her land according to participants of
FGDs. These factors are most of the time silly and not fulfills criterion that forces the households
to sale land. Nevertheless, there a time when the households lack option and decided to sale land
forcibly. For instance, land sale occurs during the time of severe poverty when there is no
14
Shamsi Jemal is key informant who lives in Chimo Usman Kebele Administration and she is one of women who
claimed for land rights and defeated her ex-husband both in front of local elders and law. Interviewed on
26/12/2013 at Chimo Usman Kebele Administration Office, Sude Woreda

44
another option available to sustain a family. In addition, people sale their plots of land to change
the place residence (for better option for better life), lease in another land in a town and build
houses and for other minor problems. Although the degrees of land sale conflict is rare in the
Woreda, over coming to resolution of land sale conflict is take long period of time due to fake
document organized to shows land holding rights, false evidence and bribe. As participants of
FGDs reported, the complexity of solving land sale related conflict in the Woreda is mainly due
to lack of awareness about illegality of land sales and oral agreement take place between the two
parties.

According to Hussein Ahmed15, land sale agreement can be conducted in writing or orally. He
cited several factors why people in the study area reach land sale agreement either in writing or
orally. Among the other things, the social correlation between the parties engaged in a land sale,
the size of land, and the seller and buyer closeness (relatives) is common in the Woreda and, they
simply agree orally by exchanging wet green grass with one another based on the norms the
study area communities. The problem here is during the denial of seller of land and buyer
registration of that land on his or her own certificate that confirms land holding right. As
majority members of focus group discussions reported, the process of coming to remedy take
long period of time because, the seller of land denies by putting his/her justification on Article
40(3) of the FDRE constitution (1995:162) which states that:
The right to ownership of rural and urban land is exclusively vested in the
State and land shall not be subject to sale or another means of exchange.

The seller of land claims that I did not sales land to you, because selling land is illegal and rather
I gave you that specific plot of land as a gift but, now I need my land to survive my family. On
the other hand, the buyer of that particular land claims that the land belongs to him by putting
aside their agreement and prepares a fake document which assures the land was under his control
and he pay tax for government. According to Dajane Dabala16, identifying these premises is

15
Hussein Ahmed is Uru Gimbicho Kebele Administration Head. He is one of my key informants who debate with
people who are illegally controlled public land and with peoples who expanded boundary to government agricultural
land in Uru Gimbicho Kebele Administration, Sude Woreda. Interviewed on 29/12/2013 at Kulla Town, Sude
Woreda.
16
Key informant who work in Sude Woreda Court. Interviewed on 31/12/2013 at Kulla Town, Sude Woreda.

45
tiresome because, both parties use illogical justification only for the purpose of winning the case
by putting aside the truth. Therefore, land sale is one of the root causes of rural land conflict
where the two concerned parties are agree either orally or through written document without
stamping or official seal. If the current trend of land sale continued in the Woreda, there is no
doubt that conflict related with land sale will also intensified, because sometimes the study area
peoples sale land only for problem challenging them for short period of time. After problem is
solved, they deny and claim for their land by citing the article aforementioned above.

3.2 Key Features of Conflicting Parties in the Study Area

Like other types of conflict, land conflict in the study area is also embraces contradiction,
attitude, and behavioural changes of conflicting parties as its inherent features. The need for
discussing these issues in this section is based on theory derived from participants of focus group
discussions. I will explain each of them in the following paragraphs as follows. In context of
rural land conflict, contradiction represents the perceived incompatibility of goals between
conflicting parties, because both parties need to possess their goals and these goals are most of
the time seen as mutually exclusive among parties involved in land conflict, especially on the
area of inheritance and claims for land rights.

Attitude in land conflict is seen as the misconception that conflicting parties hold toward
themselves and others during and after the conflict was escalated either as a result of inheritance,
boundary or other root causes of land conflict. Here, attitude is all about the perceptions of
parties in the conflict which may includes suspicion of opposite parties as they are preparing best
mechanisms to win each other. This strengthens the gap between parties in the conflict and
pending resolution of land conflicts. If parties standpoints are distrustful about premise presented
by both of them to elders, then they find another means which help them to know the whole
process of resolution and, this has its own implication in the future interactions of parties.
However, if partys standpoints are optimistic, the whole processes of conflict resolution become
easier according to FGDs participants point of views. Therefore, it is possible to argue that the
attitude of conflicting parties contributes for strengthening and culmination of rural land conflict.
As key informants who experienced land conflict in Uru Gimbicho and Sammar Abdoye Kebele
Administrations stated it is partys attitude, which creates great discourse and finally refuses the

46
decision given by local elders at grassroots level. They further reported that most of the time, the
elders selected for arbitration get into unethical behaviour while they consults the conflicting
parties separately before bringing them together to round table for reconciliation.

Unfortunately, parties refuse bringing cases to the elders due to suspicion of corruption, false
testimonies and the like and this further intensifies partys negative attitudes towards each other.
Participants of FGDs suggest that the attitude of parties experienced in rural land conflict
encompasses at least three elements. These elements include the self perception, the perception
of other parties standpoint and perception about the intensity of root of conflict. Therefore, these
perceptions result in uncompromising and developing negative attitude, which open the door for
further debate among parties involved land conflict in the study area.

The third issue, which is also as important as attitude and contradiction, is the behaviour of
parties involved in the land conflict. According to Shifaraw Megarsa, the flexibility of
procedures and measures undertaken by parties involved in rural land conflict is most of the time
resulted in strengthening of further conflict among them. Because, their intention is to disqualify
the goal of their opponent and this again creates condition for further disputes over land. To this
end, parties change their behaviours/tactics in this context/ throughout conflict based on the
intensity of contradiction and attitude set by their opponent party. According to FGDs
participants point of views, although parties frequently changes their behaviour throughout
course of land related conflict, the end of land conflict is not always negative because, after
conflict, parties build positive attitude toward each other, cooperation and reconciliation of their
past grievances.

However, some times the flexibility of behaviours of parties involved in land conflict could also
result in negative effects, which also encompass loss of life, family disintegration, and
unwarranted expenses during their debate over land either because of inheritance, boundary, or
the like. From this, it is clear that the behaviours of parties exhibited during the period of
conflict plays a great role in moving conflicting parties for further conflict intensification or
come to negotiation. Therefore, contradiction of objectives of parties involved in conflict,
attitude of parties and changeability of behaviours characterized by parties involved in conflict
can be resulted in increment of the complexity of rural land conflict as land is both the asset and

47
identity marker of human being based on theory derived from an aggregate point of views of
FGDs participants.

3.3 Triggering Factors of Rural Land Conflict in Sude Woreda

Background of rural land conflict, which is combined with other specific conflict, may not
actually spill over into an open conflict and violence unless it is sparked by triggering factors that
is conducive for rural land conflict escalation. Once land conflict is escalated because of multi-
dimensional root causes; it is usually never be solved in short period of time due to triggering
factors. Rural land in developing countries and conflict are closely linked, as land is a highly
desired resource by communities and individuals. According to Kironde (2012) lack of
appropriate policy, weak land management institutions and inconsistency of tool used for
conflict resolution mechanisms exacerbates frequency of rural land conflict. This implies that in
rural areas, inequitable access to resources and demographic pressures are key factors that
aggravate land related conflict. In the study area, there are many factors contributed for
exacerbation of rural land conflict and this created good condition for frequently pending of land
conflict resolution in the Woreda. It is also sometimes problematic to address the root cause of
conflict in short period of time due to the interference of triggering factors. It exacerbates rural
land conflict rather than narrowing the existing gap between conflicting parties. Therefore, major
triggering factors of rural land conflict and how they exacerbate rural land conflict in the study
area will be discussed in this section.
3.3.1 Population Increment and Unemployment

Land conflict exists in all societies although its degrees of escalation differ from one society to
other. One of triggering factors that exacerbate rural land related conflict is the alarming rate of
population and the increment of unemployment rate in the study area. As view of participants of
key informants and FGDs shows, lack of family planning and the increment of unemployment in
rural areas increased the values of land, and people compete to control the existing plot of land in
particular, the public land vulnerable for competition. According to Abebe (2009), land provides
a major source of conflict among society living in rural areas. Land conflict is basically triggered
by the alarming growth of human population. In the study area, almost all key informants
reported that since the fate of human being is directly dependent on land and resource on it, land

48
will remain a source of conflict from one generation to an other due to increment of population
which make land more valuable for survival of the fittest.

Indeed, the increase of population can make the limited resources unbalanced with the need of
human being. Since natural resources are limited in its very nature, fulfilling human need is
difficult because of unprecedented human population growth and the direct linkage between
human being and natural resources. Land remains the single most important source of material
wealth and social prestige in its very nature in the study area. Therefore, it is the primary source
of economic welfares of human population to afford food security and show their dignity. An
elder who live in Tullu Hofi Kebele Administration stated that nama malee lafti hin dhalattu
meaning that land is not born, but human being born continuously. This motto indicates that
the size of land is always fixed and do not show changes in its width rather, degradation of
minerals found on it drastically damaged. The implication of such issue influences the livelihood
of human being.

3.3.2 Parties Refusal of Elders Judgment at Grass Root Level

As discussed in preceding section, the nature of contradiction between conflicting parties, the
attitude and flexibility of behaviours of conflicting parties play a vital role in culminating or
exacerbating rural land conflicts. According to participants of FGDs, some behaviors, which are
exercised by parties in conflict, contributed to exacerbate land conflict by increasing the gap
between conflicting parties. For instance, parties refuse to accept the decision given by elders at
grassroots and went to litigation system for further justice. Most of the time the main reason of
refusing of the judgment passed by community elders are suspicion of elders selected for land
conflict resolution. Some of clans in the study area belief that if they defeated by their opponent,
they lost dignity and perceives as their clan is inferior to other clans found nearby them. Finally,
this creates a sense of competition and sometimes increase the participants of land conflict due to
the fact that few of land conflict in the study area is stretch to identity marker like clan and
religions especially when an individual seize Mosque and Church land by force.

Due to this and other issues, parties refuse to accept decision given at grass root and appeal to
Higher Courts for further investigation. However, sometimes parties ordered by High Courts to
take back their cases to local judicial jurisdiction. In relation to this, key informant called Menza

49
Gada17 states that the reluctance of parties to accept the decision of elder or judgment passed by
the Kebele Social Courts and Woreda Court exacerbate grievance and contradiction between
conflicting parties. He has the following to say:

I experienced land conflict with my elder brother on the issues of inheritance

after our parents passed away. Our family advised both of us to inherits their
land and other property when they are alive. Unfortunately, my brother
registered four hectares of land out of six hectares on his own certificate in
collaboration with Kebele Administration head and excluded me from sharing
these lands with him. I informed to Kebele Administration head and local elders
to look the case. Nevertheless, he is not volunteer to do so and the debates
continued up to Federal Supreme Court through the right of appeal. Lastly, we
were ordered to take our case to community elders by Oromia National
Regional State High Court. Finally, community elders solved our case after four
years and this is the result of denying earlier decision by community elders by
my brother.

Therefore, the reluctance of parties to accept the decision given at grass root exacerbates the land
conflict life span. Although there are cases in which one parties insisted by elders to accept
sound decision, conflicting parties by themselves are the source of land conflict and this triggers
their conflict. Likewise, it also led them to waste their money and efforts in their litigation
process, which encompasses transportation and personal expenses. The refusal of parties to bind
by decision given at grass root will result not only to the aforementioned consequences; but also
on family disintegration and clanship in the study area. This further exacerbates the rural land
conflict in the Woreda and even at the level of family institution. Thus, awareness creation and
inclusive approach of conflict resolution may mitigates parties denials of decision given at grass
root because, local courts and elders are nearer to the place of conflict and this help them to
investigate the cases than High Courts and parties also saved from unwarranted expenses.

3.3.3 Weakness of Kebele Administrations in Taking Immediate Actions

Once conflict escalated, the concerned parties are expected to handle conflict before it reaches
difficult stage to avoid the severity of conflict and its complexity to address root of conflict. To
this end, the body who mediate conflict resolution process should be effective in designing

Menza Gada is a key informant and community elder who lives in Jitu Sedaqa Kebele Administration, Sude
17

Woreda. Interviewed on 20/12/2013 at Ija Jiituu Kebele Administration and Kulla town.

50
methodology used to wind up escalated conflict due to different causes. As a result, conflict can
be handled if the mediators or the body who coordinate land conflict resolutions are effective in
discharging of its mandate. However, these bodies sometimes failed to implement their mandate
and conflict is further exacerbated by parties involved and even, other parties come to conflict in
the study area. One of the factors that contribute for rural land conflict in the Woreda is the
weakness of Kebele Administrations in taking immediate actions. There are a number of factors
contributed for weakness of administrative unit at Kebele Administrations level and these factors
are basically intertwined by their nature.

According to Sulti Kedir18 and other key informants from Chimo Usman, Chimo Nagelle, Jitu
Sedaqa and Uru Gimbicho Kebele Administrations, majority of Kebele Administration leaders in
the Woreda are uneducated and they are unable to give an immediate judgment to cases come to
Kebele Administrations Office in short period of time. There were also miscommunications
between Kebele leaders, manager (which is educated) and members of Social Courts. Here, the
area of miscommunication is the logicality of giving verdict and the problem of inability to
support the judgment with evidence and lack of adequate justification presented by Kebele
Administrations. This is directly creates condition for corruption and bias according to
participants of FGDs. They further argue that the consequences to the poor are often take the
form of difficult access to justice, unawareness of land policies, and misallocation of land rights
and deceive those individual who are unable to defend their land right.

During FGDs, there was strong debate on whether Kebele Administrations are giving immediate
response for cases which come to Kebele Administrations Office. Majority of them were strongly
argue that Kebele Administrations leaders are very weak in giving immediate response and they
believe that, this is due to lack of modern education and the absence of good governance at
Kebele Administrations level. This resulted in pending of the resolution of land conflict and
increase the number of people take part in conflict above all, on public land and claims over land
rights. Therefore, such issue further aggravates rural land conflict due to the fact that leadership
quality plays a decisive role in prevention or mitigation of different types of conflict at the
grassroots level.

18
Sulti Kedir is a key informant who lives in Ganda Nagaya Kebele Administrations, Sude Woreda and experienced land conflict
as a result of land sale. Interviewed on 28/12/2013 at Kulla Town, Sude Woreda.

51
 3.3.4 Lack of Integration Among Elders and Non-cooperation of Parties

In the study area, for some minor disputes, community elders at the level of neighborhood can
act as mediators to reconcile the parties in the conflict. On the other hand, other cases, which
local elders fail to settle, are invited by religious leaders for reconciliation. It is after passing this
all process that parties come to litigation to get justice. According to Ato Shifaraw Hurrisa19, on
conflict resolution, we find that people option to informal institutions first to resolve the conflicts
and then, to formal institutions only when the informal institutions are failed to resolve the
conflicts. Majority of key informants also reported that they preferred settlements achieved via
local customs over formal judgments because of the lower costs and familiarity of the former and
the long procedures of the latter mechanisms of conflict management. Despite this, in the study
area, some elders consider conflict resolution as a source of their income and this aggravates
conflict according Shifaraw Megarsa in his own words:
Although elders play a crucial role in addressing land and other types of
conflict in the Woreda, they have their own limitation. They post pone cases
if one of member of selected elders is not available and this led parties to go
to litigation. Sometimes, they are also not impartial while giving final
decision. Some of them also look arbitration as source of income and ask
the parties to pay them some amount of money in cash or in terms of
invitation. Furthermore, there were conditions where they accept bribes
from wealthier and force the poor to accept their decision although it is
rarely exercised in this Woreda. Therefore, these facts are combined to
gather and increased the duration of land conflict in the Woreda.
Therefore, even though elders are the backbone of one society in dealing with disputes escalated
at grass root before litigation interferes in cases, some elders go beyond traditional law and get
into unethical acts and, this creates episode in the heart of conflicting parties. Due to this, most
conflicting parties bring their cases to litigation system for further investigation of justice.

3.3.5 Corruption

Corruptions take place in different ways in the study areas according to majority of key
informants points of views. It takes place during arbitration at Kebele Social Court, giving
money for people who give false testimonies and the like. However, corruption by its very nature
is conducted through invisible hand and it worse the cases especially for poor peoples.
19
Shifaraw Hurrisa is Sude Woreda Tourism and Cultural Heritage Management Office Director. Interviewed on 2/1/2014 at
Kulla Town, Sude Woreda.

52
Participants of FGDs also reported that giving money for people who give false testimonies in
the form of corruption may lead to easily loss fairness decision by women, weak people, and
poor people due to lack of capacity and money to give corruption. All member of focus group
discussion and key informants were commonly agree that the issue of corruption in Sude Woreda
is making poor and weak people unable to defend their right due to lack of money20.

3.3.6 False Testimonies

In all types of conflict, false testimonies play a great role in consolidating the duration of
conflict. Parties involved in the specific conflict could bring their justification, which supports
them to win the game. One of method commonly used by all conflicting parties is providing false
evidence by giving money for people prepared for testimonies or through clanship. Such issues
were commonly exercising in Sude Woreda in all types of conflict and the one take place in the
issues of rural land conflict is widely used by both parties only for getting superiority and
keeping on their dignity. In relation to this, a key informant called Hawwa Adem21 has the
following to say on the shortcoming of false testimony.
I have one boy out of five children and I gave him three hectares of land as a gift.
I pay tax for both of us because the land I gave him as gift is on my book. He
married informally without my consent and after a while he went to Saud Arabia.
Unfortunately, he died in Yemen desert and his wives soled some part of land
secretly and contracted the others to somebody in our village, and she went to
Kuwait. I distressed when somebody in our village plough my land and I informed
soon to Kebele Administrative Unit. Due to strongly organized false testimonies,
the Woreda Court decided for him. However, I appealed to High Court to see the
case in detail and finally, I got back my land.

This key informant further reported that false testimony is a big challenge especially for women,
poor people, and this increase the complexity of land conflict. Of course, false testimony create
condition for strong contradiction between conflicting parties and those who are unable to defend
their right will loss the justice and this is widely exercised in the Woreda.

20
According to FAO (2007 a), corruption hits the poor particularly badly. They lack the ability to pay the bribes to get the
services and legal protection, particularly to defend their rights to land. FAO also revealed that, weak governance may promote
inequality, as the rich are able to benefit from the opportunities for self-enrichment while the poor may lose their rights to land
and common property resources such as communal grazing land areas.
21
Hawwa Adem is a key informant who lives in Ganda Nagaya, Sude Woreda. She is one of women who win the challenge
prepared against her through false testimonies and intimidation at night in her house. Interviewed on 24/12/2013 at Ganda
Nagaya Kebele Administration, Sude Woreda.

53
 3.3.7 Bias Against Women in the Process of Land Conflict Resolution

As it is discussed under different title under previous section, women are excluded from having
say on land and land related issues due o cultural and religious values deep-rooted in the
community living in Sude Woreda in past regimes and continued to post 1991 period. Women
participated in FGDs reported that they are discriminated to participate both in land conflict and
its resolution and due to this, women become out of the game and rather, they forced to accept
the decision of elders and their husbands in alternative conflict resolution.

If we look into this from good governance point of view, one of characteristic of good
governance refers to equal participation by all segments of society, with everyone having a role
in the process of decision-making. According to AJ22, good governance is also based on the
transparency of the decision-making process, which ensures that information is freely available
and accessible to all segments of society. Due to this and other facts, Sude Woreda Women and
Children Affairs Office decided to start awareness creation about the right of women in some
Kebele Administrations. Because of this, few women are currently defending their right over
land and this mitigated complication the resolution of land conflict.

One example explained by women during focus group discussions is that their husband did not
discuss with them even when they sale land and contracting land. They reported that husbands
reluctantly inform their wives after the process is completed and few of women in their Kebele
Administration attempted to reverse the cases and cancelled the agreement between their
husband and a person bought or contracted land. This directly escalate conflict between their
husbands and person bought or contracted their land and takes long period of time to handle due
to changeability of behaviour of parties involved in the conflict. According to Issa Abdo,
Bayyida Gafur, Adam Muhammad and Manza Gada (community elders in Sude Woreda), giving
opportunity for women to take part in decision-making is creating stable family and society. This
create good atmosphere for consolidation of peace and security and other wise, conflict
escalating among family or society is always ongoing, because currently women get awareness
about their right and responsibility.

22
AJ is key informant who works in Sude Woreda Administration Office. Interviewed on 2/1/2014 at Kulla Town, Sude
Woreda.

54
 CHAPTER FOUR

RURAL LAND CONFLICT MANAGEMENT

Introduction

Conflict is unavoidable part of our daily life. Once conflict escalates as a result of multi-
dimensional causes, it inevitably requires sufficient time to resolve it. Like other types of
conflict, land conflict also passes through many stages before it gets resolution. Land conflict
resolution needs active participation of all stakeholders due to the interdisciplinary nature of the
conflict. According to Vestergaard et al (2011), land conflict management is a gradual process.
Hence, it requires developing land administration system, involving state and non-state actors
and inclusiveness of all stakeholders. This means that in Sude Woreda, an effective land conflict
management requires active participation of all stakeholders and empowerment of local people in
conflict resolution processes without bias. However, there is often lack of meaningful
participation in land conflict resolution in the Woreda and Kebele Administrations.

There is a need to include local people and finding appropriate mechanisms for resolving land
conflict by addressing the root causes of the conflict, types of conflict, and nature and key
features of parties involved in the conflict. In Sude Woreda, there are two mechanisms of land
conflict management. The first and the principal mechanism is an alternative conflict
management and the second is litigation process or Court System. Both of these mechanisms are
highly interwoven in their very nature. While the former mechanism is used as a precondition to
manage rural land conflict at the grass root, the later is the final stage to resolve conflict in the
Woreda. Therefore, this Chapter discusses land conflict management mechanisms, which include
arbitration, negotiation, mediation, siinqee institution, and land litigation in the Woreda.

4.1 Alternative Land Conflict Management in Sude Woreda

Conflict management is the process of mitigating the stalemate and calling conflicting parties to
roundtable for conflict resolution. Conflict may be escalated as result of mutual
misunderstanding, miscommunication/ misinterpretation, and competition over natural resource
and incompatibility of personal ideas, beliefs, interests and values. One types of conflict in which
these differences create is land conflicts. In addition to courts, local traditional conflict

55
resolutions are expected to fill the gap or address area of disagreement between conflicting
parties in the study area. Traditional conflict resolution mechanisms are mostly carried out by
local people and this implies that parties in the conflict can easily access the third party who help
them their difference of interest. Because, conflicting parties require assistance from local elders
to resolve conflict on the specific area of dispute before they go to the Kebele Administration
Social Court and Woreda Court. Besides, local traditional conflict management mechanisms
provide effective local remedy for land and other conflicts and restructure peace building both at
family and community level.

At the grassroots level, traditional mechanisms for land conflict resolutions are still exercised
and continued to function effectively in the majority Kebele Administrations of the Woreda.
Article 16, sub-article 2 of Proclamation No. 130/2007 of Oromia Rural Land Administration
and Use also states that notwithstanding the provision described in sub-article of this article, the
party shall have right to solve their cases in any form they agreed upon. Furthermore,
Regulation No.151/2012 to pursue the Oromia Rural Land Administration and Use Proclamation
No. 130/2007 Regulation under article 18 sub-article 1 (ONRS, 2007:15) states that:

In accordance with the Proclamation No. 130/2007 article 16 (1), any

conflict raised on holding boundaries, or holding rights on parcels,
residential areas, grazing land, water points and irrigation land and etc,
shall be arbitrated by local elders nominated by both parties at Kebele
Administration level before appealing to the Woreda Court.

This article designates that conflicting parties can use different mechanisms of conflict
resolution with the aim of bringing accommodation on their issues of conflict. To this end,
traditional land conflict resolution mechanism is most of the time, the first choice and it also
contributes in peace-building at village level due to, its effectiveness in addressing the case.
Participants of focus group discussions argue that if the government strongly supports the elders
before, during and after conflict management in all aspects, they will get moral encouragement
and resolve even aggravated conflict easily. And this will contribute for government in
realization of peace and stability at grass root levels. They further argued that policy-makers
should pay attention during making rules and regulations on the area of conflict management in
empowering all segments of society with expected quality in the conflict management system.

56
In spite of some shortcoming, all of key informants and participants of focus group discussions
argue that traditional land conflict resolution is much better than litigation if it is appropriately
implemented and if all stakeholders actively participate. Therefore, one can argue that traditional
land conflict resolution is easily accessible for all segments of community and this reduces
unwarranted expenditures and save of the time of litigation in the formal courts. Since the main
objective of traditional conflict resolution is to rebuild harmony, unity and truthfulness within the
community at grass root levels, people in the study area pay due attention to traditional
mechanisms of conflict resolution than to litigation. In addition, traditional conflict resolution
processes are relatively informal, less intimidating, and it is inclusive.

4.1.1 Arbitration

Among alternative conflict management mechanisms, arbitration is widely used in the study
area. Majority of conflicting parties in the study area use arbitration as their prime choice
because, arbitration systems judgment is relatively binding as compared to other mechanisms of
conflict resolution and one cannot deny the reality in order to escape from elders curse.
Because, elders are the backbone of their communities due to their maturity to deal with cases
that occur during social interactions in relation to inter-personal, intra-group, intra-family, and
the like. In the study area; most of the time, the criterion for selection of elders is not age or
kinship based. Instead, an important person is nominated to resolve controversial issues like
inheritance and claim over land based on his personality and persuading ability up on the
conflicting parties and his knowledge about procedures of arbitration in relation to Oromo
norms, and morality. In addition, willingness to sacrifices his time to bring together the parties in
conflict is another criterion for selection of elders in all Kebele Administrations of the Woreda.

However, some key informants argue that even though such criterion of choosing elders is highly
exercised in the Woreda, there is a still comfortable condition for bribes. On the other hand,
officials interviewed from different Offices of the Woreda and Kebele Administrations claim that
there is a clear criterion of choosing local elders, which also encourages the involvement of
women in traditional conflict resolution process.

57
Contrary to this, few key informants argue that women are still less emphasized during the
formation of arbitration and they believed that it is a result of paying less attention to women to
participate in arbitration. It is clear that if women get a chance to participate in the arbitration
process, the duration and intensity of land conflict and other conflict will be considerably
minimized especially in relation to inheritance, polygamy, land sale and conflict during divorce
on property division. However, women are even less emphasized to foster their own weapon of
conflict resolution called siinqee institution where women are the initiators, facilitators and
implementers of the procedures (see section below for details).

My field experience and contact with different participants suggests that those elders who
usually take part in conflict management have no training on modern traditional conflict
resolution, but they use the method inherited from their ancestors. Elders who usually take part
in conflict resolution should get modern training on conflict resolution officially from concerned
office, because few of the techniques elders use to bring conciliation were not up to date and this
further decreases the quality of conflict resolution via traditional way. If they are trained in
modern arbitration techniques, they may get awareness about ethical considerations in traditional
conflict resolution and exert their full effort impartially to address root causes of conflicts.
Indeed, if these local elders get training on traditional land conflict resolution principles,
procedures and ethical considerations, conflicts on land can be easily managed at grass root
level. As a result, conflicting parties will be saved from unwarranted expenditures during going
forth and back to Social Courts, Woreda Court and High Court for litigation process.

To encourage arbitration system in the Woreda, there were certain activities carried out by Sude
Woreda Department of Tourism and Cultural Heritage Management and this activity were
mainly emphasized on creating the Association of Sude Woreda Elders which is known as
waldaa abbootii seenaa fi jaalalloo Sheek Huseen23 meaning that association of traditional
historians and lovers of Sheik Hussein. Consequently, there were elders associations in all
Kebele Administrations of the Woreda. This association is the amalgamation of religious leaders,

23
This association contributed a lot in calming down frequently escalated conflict like spouse conflict, conflict over land,
gathering and reporting of the Woreda histories, conducting Gumaa which is literally means compensation of property for
victim person /family and the like.

58
Abbaa Gadaa24 and women (to encourage siinqee institution in land conflict resolution). As a
result, there were many cases resolved at Kebele Administrations and contributed to enhance
peace and stability at grass root according to key informant Shifaraw Hurrisa and participants of
focus group discussions. There are different mechanisms of organizing elders for arbitration25 in
the Woreda. However, the following three mechanisms are widely used mechanisms of
organizing elders for arbitration in the study area.

4.1.1.1 Initiation from Conflicting Parties

The first mechanism of organizing elders for arbitration in the study area is when conflicting
parties take the initiative in inviting elders to manage their conflict before it reaches the Kebele
Administrations and Woreda Courts. This basically emanates from both parties in conflict to
reduce risk of conflict and narrow down their difference and save themselves from unanticipated
expenditures and wasting time.

Participants of FGDs also reported that sometimes, the conflicting parties by themselves decide
to bring to an end conflict and they commonly take their cases to elders to see their cases in-
depth and address it. They argue that even though such mechanism of forming arbitration is
rarely seen in the Woreda, it proved itself successful in resolving conflicts. Therefore, since the
initiation for resolution by itself were emanated from conflicting parties, they are not often
accumulates grievance and restart conflict after long period of time. The elder also easily
addresses the area of differences and make appropriate decisions. In relation to this, there is a
proverb called waraanni abbaan qare abban hin qalu meaning that the spear sharpen by the
owner do not slaughter the owner. This proverb implies that since everything is initiated from
parties in conflict, the judgments passed by elders organized for arbitration would be
acknowledged by both parties. Community elders argue that it is a golden opportunity for elders
to finalize the reconciliation process; because parties have already identified potential areas of
their conflict. This entails that since parties in conflict identified their conflicts themselves with
likelihood remedies, elders are only expected to finalize the process based on communities

24
The highest authority in Gadaa system of traditional power sharing among Oromo ethnic group living in Ethiopia.
25
Elders are organized for arbitration when the wrongdoer admits his wrongdoing and takes an initiative to request
reconciliation. There is also a condition in which the victim side plans for conflict resolution and such kind of initiation is more
common regarding marital related conflicts in the Woreda. In relation to this, a woman often holds Siinqee and reports the
unlawful acts and unethical behaviour of their husbands to village elders so as to get justice and this is exercised almost in all
Kebele administrations of the Woreda.

59
traditions, norms and moralities. In addition to saving the time arranged to detect the root causes
of conflict and decreasing the work load of elders, such kind of initiation to inviting elders to
undertake arbitration is also important in encouraging other conflicting parties to solve their
conflict by themselves and this creates smooth relationship for their future interactions.

4.1.1.2 Initiation from Relatives

The second means of inviting elders for arbitration in the study area is when the relative, clan or
neighbours of conflicting parties call up on elders to them in addressing root of the conflict and
reach conflict resolution peacefully. Followed by initiation for reconciliation from local elders,
this means of inviting elders for arbitration is widely exercised almost in all of the twenty seven
Kebele Administrations of the Woreda. This indicates that close relatives and clan of the
conflicting parties are responsible to bring the parties to round table for reconciliation and
actively participate in peace-building in post-conflict period.

While majority of the key informants argue that relatives, clan, or neighbours play a great roles
in advising the conflicting parties to come to arbitration without hesitation, others participants
argue that there are times when relative discourage the conflicting parties from inviting elders for
arbitration and encourage to initiate litigation system. According to key informants from the
Woreda Court and Kebele Social Courts, often the relatives of one of the parties in the conflict
push the cases to be seen through litigation, rather than arbitration mainly due to understanding
of grievance they have with that specific individuals or clan. By doing so, most of the time,
addressing the cases take long period of time due to the fact that both parties provide false
evidence to win their case. Nevertheless, such kind of complicated cases are forwarded to
community elders by Courts to address the cases, because elders have potential to dig out
complex conflicts according to participants of focus group discussions.

Sometimes, conflicting parties are more interested to take their conflict to litigation by
organizing false testimonies. As it is discussed under triggering factors of land conflict in the
Woreda in Chapter Three above, false testimonies do adversely hinder addressing of the root
causes of conflict. The party who has money and contacts with officials working on land areas
has high probability to win the case by providing false evidence. Cognizant of false evidence,
relatives and clan of parties in conflict invite elders to re-examine verdict passed by Courts.

60
In generally, conflicting parties show willingness to solve their case via arbitration, though few
of parties in the conflict reject elders verdict due to pressure from their relatives.

4.1.1.3 Initiation from Local Elders

The last common way of calling elders for arbitration in the study area takes place when one or
more elders takes initiative to manage conflict by investigating root of the conflicts. Under this
mechanism, most of the time, few conflicting parties are refuse to take their case to elders due to
suspecting of the elders impartiality during final judgment and decides to take their cases to the
Woreda Courts. However, litigation process give priority for elders to look into cases, because
most cases hosted by elders are usually successful due to their experience in investigating
complex social conflicts and their capability in placating parties to provide reliable information
about their area of conflicts. As aforementioned above, community elders are mature enough and
easily understand cases assigned to them for resolution. They are also highly respected by most
segments of the community. Due to this and other status of elders in their communities, majority
of cases investigated by community elders are successful in narrowing the gap between
conflicting parties and bringing an intended reconciliation.

Under this mechanism of inviting elders for arbitration, it is elders by themselves who call
conflicting parties to resolution by promising them to address their issues of conflict impartially.
In generally, lack of respect for elders in the study area society is considered to be tantamount to
showing contempt for the community's morality, norms and mores or way of life. In addition,
elders are successful in conducting Gumaa26 system or compensation of property when parties in
land conflict, especially inheritance, competition to siege public land and due to this, decision of
elders are most of the time respected by parties in land conflict27.

On the other hand, the arbitration system sometimes fails to bring expected results due to some
elders unethical behaviour and conflicting partys refusal to accept the decision of elders at
grass roots. This hinder of smooth communication between conflicting parties and such cases are

26 Gumaa system is one of traditional conflict resolution in Oromia National Regional State which is imposed by elders on
conflicting parties especially on the complex situations of death, killing somebody livestock and other death related cases.
27
Gumaa system is conducted when an individual is intentionally or unintentionally kills another person. For instance,
sometimes people in the study area used physical fighting on boundary and inheritance related conflict. Such kind of physical
injury or loss of life is exclusively seen under Gumaa system by elders and it has its own traditionally strict rule and regulations
while reconciliations of parties to bring durable peace and this further increased the status of community elders in the study area.

61
mostly handled through litigation by taking long period of time. According to participants of
FGDs, few elders also look arbitration as a means of income. They are also less emphasized for
helping women either to initiate or participate in conflict resolution process. These factors finally
combined and degrade the quality of arbitration system in bringing about an expected result and
grievance between parties in conflict will be left aside and even, the degree and intensity of
conflict also increase.

4.1.2 Mediation
Mediation is also another traditional conflict management mechanism exercised in the Woreda to
manage rural land conflict and other type of conflicts after arbitration. Brown et al (1999) define
mediation as a structured process involving an impartial third party and who strives to remain as
neutral as possible. He describes that the process is planned to find out the nature of ambiguous
issues, considering options and assisting the conflicting parties in making decisions on how to
resolve their conflict. According to United Nations report (2012) on guidance for effective
mediation, it is one of the most effective methods of preventing, managing, and resolving
stalemate conflicts. Mediation process requires more than the appointment of an extraordinary
individual to act as a third party, to convince the opponents regarding the merits of mediation,
and encourages peace processes technically.

In case of land conflict management, mediation plays a great role in calming down the
conflicting parties because, mediation is a course of action whereby a third neutral party assists
two or more parties, based on conflicting parties consent just to manage and resolve a conflict by
helping parties to develop mutually acceptable agreements for mutual benefit. Specifically on
inheritance, boundary conflict, and claims over land right, key informants point of view indicates
that meditation plays a great role to call the parties to round table and solve their land conflict
through smooth communication. According to participants FGDs, mediator plays a vital role in
convincing both parties separately on how to narrow the gap found between them. Although the
mediator would not push the parties to solve their conflict like arbitration, the mediator,
however, can suggest how to resolve land conflict and regain their smooth relationship.

The role of an individual who mediate the process of conflict resolution is limited to assisting
conflicting parties in reaching a mutually acceptable agreement regarding their dispute and

62
persuades the parties to enter into any agreement for mutual benefit in all aspects, particularly on
inheritance and claims over land rights. Lack of experience and censuring each other among
parties involved in land conflict usually makes the whole process of conflict resolution illogical
and this further exacerbates the debate and gaps between conflicting parties in land conflict
according to participants of FGDs. This implies that the mediator does not make a judgment;
rather, He/she is expected to facilitate an environment where conflicting parties are stop
censuring and commence to talk to each other freely. This generates interest of parties to resolve
their dispute by themselves and the mediators role is limited to manage the whole process that
lead parties to reconciliation. On the other hand, such kind of conflict resolution mechanism
encourages better relationships between parties in mutually addressing the root causes of conflict
by themselves under the facilitation of negotiator or mediator.

Key informants argue that the conflicting parties also improves their communication skill in
relation to traditional conflict resolution process and this further contributes for keeping peace
and stability at grass root level. Therefore, mediation is one of the alternative conflict resolution
mechanisms, which mainly is arranged by neutral third party who mediates the channel of
communication between the conflicting parties. Neutral third party also consults conflicting
parties by referring to the community norms, values, and rules to indulge them to mutually
understand each other in the Woreda.
4.1.3 Negotiation
Negotiation is a conciliation directly motivated by conflicting parties through traditional conflict
management process and usually takes place directly between the parties without a facilitator. It
is one of the most common forms of conflict management and it is the most simple and least
interventionist land conflict management process, in which the conflicting parties communicate
directly in order to fulfill their needs, wants and goals. According to Astor et al (2002),
negotiation is often the first option of a variety of processes chosen by conflicting parties before
they engage in more formal procedures. Majority of disputes are resolved by negotiation between
the conflicting parties due to its multi-dimensional virtuous.

63
According to Sheik Abdul Malik Sheka28, negotiation is very useful to address the root causes of
conflict due to the fact that the parties are directly discuss on the resolution of their conflict
without negotiator or third party. As compared to arbitration and mediation, negotiation is easier
to both parties for management of unnecessary conversation, because the initiation for
reconciliation is directly emanated from the parties without external pressure. Sheik Abdul Malik
Sheka further depicted that parties share responsibility during negotiation and the primary focus
of their joint responsibility is addressing the root causes of conflict between them and reaching
agreement for mutual benefit. Participants of focus group discussions also said that parties solve
their conflict by convincing each other about the causes of their controversies and exchange
apology to ensure durable peace in their future socio-economic interactions.

Majority of the key informants argue that negotiation process, is most of the time, successful to
attain conflict resolution objective; yet, sometimes negotiation ends without achieving intended
goal and the ultimate reason for the failure of negotiation is the incompatibility of objective, lack
of tolerance, misunderstanding of parties and inability to accept the truth and thus, this implies
that going back from conflict or admitting the truth is leading the conflicting parties to invitation
of third party to mediate them. Nevertheless, though few individuals are reluctant to solve their
conflict through negotiation, those who take initiative for solving the conflict through negotiation
were fruitful in the study area. As a result, negotiation is widely exercised in the study area doing
with arbitration and mediation on land and other types of conflict.

4.1.4 Siinqee Institution

4.1.4.1 General Concept of Siinqee Institution
Siinqee is straight stick, which represents a communally endorsed set of rights exercised by
women in Sude Woreda and other parts of Arsi Zone. It is also assumed as waraana dubartii,
which means weapon of women due to its symbolizing the respect and power that a woman
has both at family and community levels. It is straight stick that a woman receives on the date of
her marriage. Participants of women in focus group discussions stated that siinqee institution has
its own procedures while involving in conflict management and other events.

28
Sheik Abdul Malik Sheka is community elder who lives in Halila Anole Kebele Administration. Interviewed on
6/4/2014 (phone interview), Sude Woreda.

64
In Sude Woreda, not all women are allowed to hold siinqee and stand between conflicting parties
and only adulthood or matured women allowed to hold siinqee while participating in conflict
management.

Most of the times, siinqee activities are conducted by groups and the reason behind this is to
show that women can do independently what men do and most of the time conducting siinqee
norms collectively is successful; particularly in case of land conflict management. Interviews I
conducted with an old women in four kebele administrations of the Woreda also indicates that
the collective conducting of siinqee is more powerful and successful than that of raising siinqee
by an individuals separately for land conflict management or other social conflicts. This implies
that siinqee is an institution where women exclusively use it for multi-dimensional function,
which includes siinqee during marriage, and conflict resolution. Majority of men participants in
FGDs asserted that parties in conflict sometimes respect women holding siinqee and give them
high regard due to traditional belief that God made women holding siinqee to be respected and
admired. Consequently, interference in a woman's blessed traditional authority/ siinqee authority/
is considered as violating natural law and wayyuu or somebody who have high status in the
community or something which is sacred in the society. As a result, every endorsement that
siinqee imposes on the society has a chance of being met with respect and giving due attention
for women holding siinqee according to point of views of participants of focus grop
disccussions. Therefore, siinqee stick is not merely stick, but it is more valuable than stick,
because it is the only institutions that initiated, organized and exercised by women in Sude
Woreda29and other part of Arsi Zone.

4.1.4.2 The Role of Siinqee Institution in Land Conflict Management

Siinqee is a traditional weapon of women used for land conflict management and other types of
conflict in Sude Woreda. One of the inherent features of siinqee is that unlike most traditional
land conflict management mechanisms in the study area, it place much emphasis on prevention
and calming down of conflict before it get into complex stage. Specifically in relation to land
conflict management, siinqee plays a vital role in facilitating condition for calling conflicting

29
According to the key informants and participants of FGDs, in addition to conflict management, siinqee is used during drought,
heavy rain, and diseases infection like bird flu, animal infection or when serious disease come to their village, women come
together and ask their God by holding siinqee in their right hand.

65
parties to arbitration or round table to discuss about the cases to narrow the differences between
them and restore previous peace. According to key informants in Sude Woreda Tourism and
Heritage Management Office, siinqee institution as means of alternative conflict resolution in all
types of conflict is very common in the study area and it also played a great role in peace-
building process at village level both before 1991and in post 1991 period.

Women use siinqee stick in various social and economic contexts to protect their property rights
and to maintain their moral authority in their communities. For instance, when there are conflicts
in the village such as land conflict (especially boundary and inheritance related conflict), women
collectively leave their homes and stand between conflicting parties and appeal to them until the
problems are solved. In such cases, FGDs participants reported that one of old women will
organize women for siinqee institution and call parties to round table discussion or to solves
their conflict by themselves and restore relationship among them.

Majority of key informants depicted that siinqee is given to a woman in order to protect her
rights or one can say that siinqee is unique practice that ensures women to play a considerable
role in traditional conflict management in community. In the study area, the role of siinqee in
conflict management is contributed to keep moral inviolability of women in majority of Kebele
Administrations of the Woreda according to key informants interviewed from the Woreda
Culture, Tourism and Historical Heritage Management Office and the Woreda Women and
Children Affairs Office.

According to key informants called Makida Hajji30 and Fatu Aliyyi31, the role of the siinqee
institution is very exceptional in traditional land conflict management because it is the collective
mature of women in the society and men are not allowed to perform siinqee tasks in conflict
management. The informants also reported that if there is a conflict between two clans over land
use, and if women come in an organized way and stand between the parties together with holding
their siinqee, the fighting will stop automatically for the respect of siinqee. And women politely
ask opponent groups to agree on their point of disagreement to bring lasting peace for the sake of
God. Although there is a perception that siinqee institution is a on the way to turn down due to
30
Key informant and actor of siinqee institution who live in Halila Anole Kebele Administration: 26/12/2013, Sude Woreda. She
was 84 years old during interview conducted with her at her home.
31
Key informant and actor of siinqee who live in Halila Anole Kebele Administration: 26/12/2013, Sude Woreda.

66
modern education, religious ideology and attitude of women against siinqee values in few of the
Kebele Administrations of the Woreda, the study area peoples are still optimistic about siinqee
values, norms and the study area people still respects women holding siinqee specially during
conflict management.

Majority of key informants also stated that the fear of the siinqee institution is essentially from
the perception that women are closer to God than men. They reported that women holding
siinqee are most of the time successful in land conflict management because of positive attitude
of the study area people about siinqee values. Particularly, siinqee curse32 is still highly feared in
the Woreda and this further contributed for the successfulness of siinqee institutions in land and
other types of conflict management. This notion is also confirmed by women participants in
focus group discussions on the status of the Woreda women in traditional conflict resolution
process. Their argument shows that women are closer to God for the reason that they are not
arrogant, their hearts are pure, women are tactical to calm down conflict without injury, they are
assumed as an innocent by nature and they do not hurry to struggle, rather, they used diplomatic
words to convince their opponents or parties in the conflict. They also argue that as a result of
women diplomatic words during conflict management, women in the study area played crucial
role in avoiding physical injury and loss of life during different types of conflict in the Woreda,
especially on property related conflict. This indicates that women are equally important with
elders in traditional conflict management if they get due attention both from local people and
concerned government offices.

As a result of the respect they have for siinqee norms, moralities and values, usually parties in
conflict tolerate siinqee institution procedures. Most of the time, conflicting parties will refrain
from verbal or physical attack while mature women stand between them by holding siinqee and
conducts siinqee mottos, which will be described below briefly. Women lay down siinqee on the
ground and say that Gadaamessa kiyyaa keessaa baatee akka narraan hin tarkaanfanne,
meaning that you came out of my womb and do not cross over me. Since jumping over the

32
The study area peoples holds the notion that what a woman blesses will be blessed and what woman cursed will be cursed/not
achieve something end. Such kind of perceptions are contributed to manage land conflict related with claiming over land
right, conflict between sibling on inheritance and boundary related land conflict. They believe that the more older woman is,
the more her curse is feared and this contributed for conflict management in the study area to present time.

67
siinqee is forbidden and it is recognized that such issue is also symbolically equivalent to pacing
over oneself mothers womb and committing a wrong act almost among people live in all of the
Woreda Kebele Administrations of the Woreda.

Consequently, conflicting parties refrain soon from crossing siinqee to escape from what is
called abaarsa siinqee which means siinqee curse and come to solve their differences through
negotiation or arbitration. The role of Siinqee in this process is very visible to all parties and
elders elected to guide reconciliation; that is management and facilitating condition for
resolution. In support to this notion, particularly when there is conflict, which has many
participants like competition to seize public or free land, women use collective means of holding
siinqee to cease or manage conflict by using siinqee mottos and laying down siinqee between
parties in conflict; sometimes, the same is true for spouse conflict. As stated before, if women
hold siinqee and collectively stand between parties in conflict, the parties soon stop physical
violence, insulting each other, cursing, criticizing each other, and shows willingness for
reconciliation to respect siinqee institution and to escape from siinqee curses.

4.2 Challenges of Alternative Land Conflict Management

Traditional land conflict management plays a great role in peace-building at grass root levels.
However, its effectiveness is realized if and only if, all concerned body takes responsibility to
safeguard the values, norms and traditional principles of conflict management. Recently,
traditional land conflict managements are facing challenges from all angles. For instance, siinqee
institution is challenged with religious dogmas, modern education, and some cultural values.
According to participants of women focus group discussions, the study area cultural practices
allows to lead the process of land conflict management by men and this contributed in
overlooking women in traditional conflict resolution process. What is failed to notice here is the
difficulty of this method for women in getting justice according to Gadaa33 system, because
women were not encouraged by men and social pressures in general made women to be rarely
seen in traditional conflict resolution process in the study area.

More specifically, siinqee institution is challenged to exercise its role in land conflict
management due to religious values, misunderstanding of some traditional values, modern

33
Traditional political administration of Oromo nation in Ethiopia and each Gadaa period has eight years terms to
transfer power to the next leader of the nation.

68
education, litigation (mainly for the right to appeal for further investigations of the case of
conflict) and unquestionably, the decline of women attitude for siinqee in the study area as
compared to other traditional land conflict management mechanisms. The points of view of key
informants and participants of focus group discussions also shows that traditional land conflict
resolution mechanisms are better than litigation system and government should pay due care for
traditional conflict resolution mechanism in general due to its accessibility, proximity, and
familiarity with local communities. Nevertheless, this would be realized if there is good
environment to nurture traditional land conflict resolution mechanisms at all levels. This
indicates that there is a need to encourage traditional conflict resolution at village level in the
study area, because majority of stakeholders are largely from local people. Specifically,
community elders should be encouraged by government, because they can easily address conflict
due to their proximity to society and they also know the facts by virtue of their close contacts
with their communities.

Participants of FGDs argue that recognizing and giving authority to elders in the traditional
dispute resolution mechanisms is not an end by itself. There should also be capacity-building of
elders who are the main actors of arbitration to address land and other types of conflict in the
Woreda. In addition, although there are associations of elders in all Kebele Administrations,
there are problems in bringing together elders and supporting women to take part in arbitration
due to religious attitudes, specifically among Muslim communities living in the Woreda. It also
important to give priority for local elders both by conflicting parties and by government which
includes improving the quality of arbitration system and training them with modern concept of
conflict management and identifying the potential areas which directly or indirectly contributes
for the failure of traditional land conflict resolution to ensure durable peace at grass root level.

4.3 Court System

Modern conflict resolutions are the second choice for conflicting parties in the Woreda. It is
conducted for seeking of justice lost in arbitration or overlooking traditional conflict resolution
when it is felt to bring resolution. Although parties reject local conflict resolution mechanisms
and come to Courts, priority is given for local elders to look at cases and report to the Woreda
Court within fifteen days. If the cases are beyond the capacity of the invited elders for arbitration

69
or if parties are still reluctant to accept decision of elders, the case will be transferred to Woreda
Court. In this regard, Federal Democratic Republic of Ethiopia, Rural Land Administration and
Use Proclamation No. 456/2005 (FDRE, 2005:3141) states that:

Where dispute arises over rural landholding right, effort shall be

made to resolve the dispute through discussion and agreement, of the
concerned parties. Where the dispute could not be resolved through
agreement, it shall be decided by an arbitral body to be elected by
the parties or be decided in accordance with the rural land
administration laws of the region.

From the above quote, one can conclude that land conflict resolution passes through different
stage due to its importance for the survival of human being and the historical attachment people
have with land and therefore, the priority to resolve land conflict is given to community elders.
According to Regulation to Pursue the Oromia Rural Land Administration and Use Proclamation
No. 130/99 (ONRS, 2007: 56), conflicting parties shall give their cases to local elders before
they come to formal conflict resolution institution. It further stated that:

In accordance with the article 16 (1) of Rural Land Use and

Administration Proclamation No. 130/2007, any conflict raised on
holding boundaries, or holding rights on parcels, residential areas,
grazing land, and irrigation land and etc, shall be arbitrated by
local elders nominated by both parties at Kebele Administration
level before appealing to the Woreda Court.

According to Oromia Rural Land Use and Administration Proclamation No. 130/2007 under
article 16/1/, there are certain procedures of giving verdict on land related conflict. Accordingly,
the first appeal shall be made to Kebele Administrations Social Courts and then, two elders are
elected by conflicting parties in the land conflict. During the process of reconciliation, the Kebele
Administrations have responsibility to facilitate the resolution process through arbitration by
elders with in fifteen days. The proclamation concisely portrayed that the decision given by
arbitration shall be registered at the Kebele Administrations and the copy shall be given to both
parties as evidences that ensures parties positive interaction in their future relation. On the other
hand, the party who has complaints on the given decision has the right to appeal to court or
Woreda within a month of the date of decision. Then, the Woreda Court should not receive the

70
appeal if the decision given by arbitration is not attached to the appeal according to the
aforementioned proclamation.

The proclamation also allows the right of further appeal to High Courts, if the decision given by
the Woreda Court is not satisfactory or lacks logicality. If the High Court reversed the decision
rendered by Woreda Court, the party may appeal to Supreme Court and the decision given by
Supreme Court shall be the final. From the above procedures, one can easily understand that
traditional land conflict resolution mechanisms are still receives due attention from government
for resolving land the conflict. What should be taking into consideration here is improving the
capacity of elders so as to minimize the possibility of the cases to be taken to the courts and thus,
save money and time of the litigants. Also, local conflict resolution needs to involve all of the
concerned bodies at the grass roots level so as to resolve conflict in long lasting manner and
build mutual relation of parties in their future interaction.

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 CHAPTER FIVE

CONCLUSIONS

Land related conflicts like other conflicts have underlying causes that exist over a period of time.
Land conflicts do not frequently blow up rapidly; rather, it is a result of long-term grievances and
inequity in land holding coupled with alarming increase of population. The general objective of
this study was to examine root causes and triggering factors for land based conflict and analyzing
management of rural land conflict in Sude Woreda. And the findings of this study are
summarized into the following points.

Land conflicts in the study area stems both from the need to expand farm land to ensure food
security and claim of the lost land of their ancestors. Most land conflicts are limited to inter-
personal level, which includes disputes over boundaries, inheritance, tensions over expiry period
of contract, polygamy, illegal land sale and divorce. Besides, land conflicts also occur due to,
illegal occupation of land belonging to the wider public. In the study area, polygamy is very
common practice especially among Muslim community in the Woreda. This results in
unbalanced land division with a numbers of families. In addition, it creates conflict in the time of
divorce in terms of property division. In the study area, it is portrayed that during divorce, the
division of property does not include the property acquired before marriage. However, the
property spouses get after marriage is subject to division in the divorce.

Here, a divorced wife may take her personal share, but all other property including land remains
with her ex-husband. Sometimes, there are joint land certificate for the spouses to guarantee
women property rights. However, such ideology is not fully exercised in the Woreda as a result
of men domination over women in all aspects. As a result, women are currently striving to enjoy
the right they got by constitution and this has no acceptance among few men in the study area
due to cultural values and religious dogmas. This implies that still there are high potential of
contradictions in relation to property right and such ideology exacerbates the life of conflict in
the Woreda. Likewise, a widow traditionally does not inherit land, but are allowed to remain on
the matrimonial land and home. Due to this, the widow claims for not inherited by her husbands
brother or relative with her respective land and attempt to defend her rights on the common

72
property she has with her ex-husband. This shows us that womens property rights are still not
fully respected at grass root levels.

Land conflicts in the study area is triggered by many factors, which include false testimonies,
corruption, discrimination of women in land conflict resolution process, lack of integration
among elders organized for arbitration and parties refusal of decisions at grass roots are some of
the factors that aggravate rural land conflict in the Woreda. Therefore, unless these factors gain
due attention from all stakeholders, rural land conflict will continue to escalate in the Woreda
undoubtly due to the fact that the aforementioned factors have a potential to exacerbate rural land
conflict and challenges the process of conflict resolution both under traditional and modern
systems.

Among alternatives land conflict resolution mechanisms arbitration, mediation, negotiation, and
siinqee institution are widely used in the Woreda. Arbitration is formed in different mechanisms
in the study area and this includes when conflicting parties take initiative in calling elders to
manage conflicts, one or more elders initiation to manage conflict, and when close parties
relatives or clan take initiative for conflict resolution. Therefore, it is possible to conclude that
although elders are organized for arbitration in different ways, the goal of these elders is to
resolve conflicts through alternative conflict resolution mechanisms and save parties from
unwarranted expenditures and long process of litigation. Siinqee institution also played a crucial
role to manage different types of conflict escalated during social interaction in the Woreda.
However, through a time siinqee institution will face challenges from modern education,
religious belief and women attitude against siinqee because, the current trends that researcher
examined during field visit testifies that siinqee institution will be delayed unless concerned
bodies encourage this institution to ensure involvement of women in traditional land conflict
management in the Woreda.

In the study area, people emphases on traditional land conflict resolution mechanisms. Since
most of land related conflict is commonly limited to inter-personal in the study area, parties give
priority to traditional conflict resolution mechanisms, because the litigation process takes long
period of time and thus, expensive for some segments of society. As a result, majority of
community in the study area give priority to traditional conflict resolution mechanisms due to its

73
ability to look at cases deeply and the knowledge of elders as mediators about the custom, way of
life and other beliefs of the society.

Whether it is through traditional conflict resolution mechanisms or through courts, there is an

urgent need for practical mechanisms to prevent, manage and resolve rural land-related conflicts
in the study area. The challenge here is, therefore, to mitigate the root causes of conflict, or to
prevent land conflicts from escalating. This requires management of social relation conflict,
particularly in relation to land conflict and putting in place institutions and policies which will
help community elders to mitigate land conflicts and other types of conflict. Finally, the
dimension of land conflict varies significantly and this significantly impacts on land conflict
resolution process. Therefore, understanding the specific nature of rural land conflict under
consideration is a vital step for its ultimate resolution and achieves durable peace, and security in
the study area.

74
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 Appendix: Interview Guidelines

Addis Ababa University

Institute for Peace and Security Studies
Department of Peace and Security Studies

Topic: Rural Land Conflict Management in Sude Woreda, Arsi Zone, ONRS, Since 1991

My name is Amin Mamma Gena. I am one of Master of Arts student in peace and security
studies department at Addis Ababa University. Currently, I am working my thesis on Rural Land
Conflict Management in the Sude Woreda in post 1991 period. Accordingly, I kindly invite you
to be part of this study as data source for the posed questions. Your answers or point of views are
highly confidential and you are kindly requested to take part freely without suspicion due to the
fact that, this study is purely academic paper. The purpose of this study is to collect necessary
data for the research that aims to examine Rural Land Conflict Management in Sude Woreda,
Arsi Zone, Oromia National Regional State, since 1991. This study is intended to critically
examine the root causes of rural land conflict, triggering factors that aggravate rural land conflict
and the management mechanisms of rural land conflict in the Woreda. Since your responses are
important for realization of the objectives of this study, you are kindly invited to give genuine
responses.

Part one: Profile of Participants

Age at the time of interview/focus group discussions: ____
Sex: Male Female
Marital status at time of interview/FGD: Married Unmarried Widow Divorced
Education level: Uneducated Educated
Job: Farmer Administrative staff Unemployed

I
Part Two: Questions prepared for the seeking of root causes and triggering factors of rural
land conflict at Kebele Administration level
1. What are the roots causes of rural land conflict in your Kebele Administration? Please,
explain each root causes and how it becomes visible as root causes of land conflict in your
Kebele Administration? How do you see the intensity and frequency of these root causes of
rural land conflict in your Kebele Administration?
2. What are the key features characterized by conflicting parties in rural land conflict in your
Kebele Administration? How do you examine these inherent features of conflicting parties
which are frequently exercised rural land conflict? How do you examine the multi-
dimensional features of conflicting parties from the angle of peace building, mutual
understanding and ripeness for reconciliation at grass root levels?
3. What are the triggering factors that aggravate rural land conflict in your Kebele
Administration in post 1991 period? Why they exacerbate land conflict and what kind of
method they used to do so? How do you examine the standpoints of the conflicting parties
toward factors contributed to aggravate the rural land conflict in your Kebele
Administration?

Part Three: Question prepared for the seeking of management of rural land conflict at
Kebele Administration and Woreda level
1. How do you examine the role of local elders in management of rural land conflict in your
Kebele Administration? Which traditional conflict management is mostly used in
resolving rural land conflict in your Kebele Administration?
2. How do you examine the effectiveness of these mechanisms in addressing grievances of
parties involved in rural land conflict? What is the strong side and shortcoming of elders
invited for resolving rural land conflict in your Kebele Administration?
3. Do women take part in management of rural land conflict in your Kebele Administration?
If your answer is NO, please explain why woman does not participate in handling of rural
land conflict in your Kebele Administration? If your answer is YES, to what extent they
are involved in resolution process of rural land conflict and how do you describe women
involvements in ensuring long lasting peace both at family and societal level?

II
4. How do you examine siinqee institution as an alternative land conflict management in
your Kebele Administration? What are the Virtues of siinqee institution in the process of
management of rural land conflict? Does women encouraged to nurture siinqee institution
values, norms and principles so as to augment women participation in the process of
managing land conflict at the Woreda level?
5. What are the managing mechanisms of land-based conflict widely used in Sude Woreda?
To what extent these mechanisms are consistent in mitigating the escalation of rural land
conflict in Sude Woreda? How do you examine the relevance of these mechanisms from
the angle of the inherent features of parties involved in the rural land conflict?
6. Among Alternative conflict resolution, which one is more consistent in resolving rural
land conflict in Sude Woreda? Does womens are visible in management of rural land
conflict at the Woreda level? If they visible, what is its implication for creation of good
atmosphere for property rights respecting for women at the Sude Woreda level? If not,
explain a factor that affects active participation of women in land conflict management at
the Woreda level?
7. What are the challenges of traditional land conflict management at the Woreda level?
Can you characterize these challenges? What are the implications of these challenges in
nurturing traditional land conflict management and peace-building process at grassroots
levels? As you think, what should be done to wipe out these factors that challenge the
continuity of traditional management land conflict management at Woreda level?

III