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Study on Women's Property Rights in Afar and Oromiya Regions, Ethiopia

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Study on Women's Property Rights in Afar and Oromiya Regions, Ethiopia STUDY ON WOMEN’S PROPERTY RIGHTS IN AFAR AND OROMIYA REGIONS, ETHIOPIA Fiona Flintan, Solomon Demlie, Mohammed Awol, Zahra Humed, Yemane Belete and Honey Lemma 2008 INDEX 1.0 INTRODUCTION............................................................................ 1 1.1 Background to the Study ....................................................................................... 1 1.2 CARE International’s Gender Policy................................................................... 1 1.3 Objectives and Scope of the Study....................................................................... 3 1.4 Area of Study............................................................................................................. 4 1.5 Research Team.......................................................................................................... 4 1.6 Methodologies Used ................................................................................................ 5 1.7 Limitations of the Study ........................................................................................... 7 1.8 Structure of the Report .......................................................................................... 7 2.0 PASTORAL WOMEN AND PROPERTY RIGHTS....................... 8 2.1 Introduction to Property Rights............................................................................ 8 2.2 Property Rights in Pastoral Communities........................................................... 9 2.3 Women’s Rights to and ‘Ownership’ of Livestock ........................................... 9 2.3.1 Nominal Property ..................................................................................................... 11 2.3.2 Bridewealth and Dowries ....................................................................................... 11 2.3.3 Purchasing, Sale, Disposal or Change of Livestock.......................................... 11 2.3.4 Pasture ........................................................................................................................ 12 2.3.5 Livestock Marketing and Products....................................................................... 12 2.3.6 Other Small Stock.................................................................................................... 14 2.4 Ownership and Control of Natural Resources............................................... 14 2.5 Religion ..................................................................................................................... 15 3.0 ETHIOPIA POLICY AND LEGISLATION .................................. 17 3.1 Federal....................................................................................................................... 17 3.1.1 Constitution................................................................................................................ 17 3.1.2 Policy for Women..................................................................................................... 18 3.1.3 Family Law ................................................................................................................. 19 3.1.4 Civil Code.................................................................................................................... 20 3.1.5 Land............................................................................................................................ 21 3.1.6 Water.......................................................................................................................... 23 3.1.7 Dissemination of the Laws..................................................................................... 24 3.1.8 Court System............................................................................................................. 25 3.1.9 Family Arbitration....................................................................................................... 25 3.2 Sharia Law ................................................................................................................ 26 4.0 REGIONAL POLICIES, LEGISLATION AND LAWS................ 28 4.1 Afar ............................................................................................................................ 28 4.1.1 Regional Government Policies, Laws and Regulations..................................... 28 4.1.2 Customary Social Organisation............................................................................. 28 4.1.3 Customary Laws and Regulations ........................................................................ 29 4.2 Oromiya..................................................................................................................... 33 4.2.1 Regional Government Policies, Laws and Regulations..................................... 33 4.2.2 Customary Social Organisation............................................................................... 34 4.2.3 Customary Laws and Regulations ........................................................................ 36 5.0 IN PRACTICE: BARRIERS AND CHALLENGES ...................... 40 5.1 Introduction................................................................................................................ 40 i 5.2 Societal/Institutional Barriers and Challenges..................................................... 40 5.2.1 Afar .............................................................................................................................. 40 5.2.2 Oromiya...................................................................................................................... 47 5.3 Community Barriers and Challenges.................................................................... 55 5.3.1 Afar .............................................................................................................................. 56 5.3.2 Oromiya...................................................................................................................... 57 5.4 Relational and Household Barriers and Challenges .......................................... 60 5.4.1 Afar ............................................................................................................................. 60 5.4.2 Oromiya.......................................................................................................................... 62 5.5 Individual Barriers and Challenges......................................................................... 65 5.5.1 Afar .............................................................................................................................. 65 5.5.2 Oromiya...................................................................................................................... 66 6.0 KNOWLEDGE AND SKILLS GAPS............................................... 68 6.1 Amongst Elders and Clan Leaders ........................................................................ 68 6.2 Amongst Government Offices............................................................................... 69 6.3 Amongst NGOs ........................................................................................................ 70 6.4 Amongst Women Themselves............................................................................... 71 7.0 ISSUES FOR ADVOCACY .............................................................. 73 7.1 Updating Laws, Codes and Regulations ............................................................... 73 7.2 Practicing Written Law............................................................................................ 73 7.3 Improved Legal Services and Revised System of Family Arbitration............. 73 7.4 Raising Awareness Amongst Women and Men ................................................. 74 7.5 Strengthening of Customary Institutions............................................................. 74 7.6 Abolishing Bride Price.............................................................................................. 75 7.7 Equitable Land Distribution and Reform ............................................................. 75 7.8 Advocating for Better Regional and Local Government Support.................. 75 8.0 FORMAL AND NON-FORMAL LEADERSHIP STRUCTURES . 77 8.1 Elders and Clan Leaders .......................................................................................... 77 8.1.1 Afar .............................................................................................................................. 77 8.1.2 Oromiya...................................................................................................................... 77 8.2 Local Government .................................................................................................... 78 8.2.1 Afar .............................................................................................................................. 78 8.2.2 Oromiya...................................................................................................................... 79 8.3 Local Law Courts...................................................................................................... 79 8.3.1 Afar .............................................................................................................................. 79 8.3.2 Oromiya...................................................................................................................... 80 8.4 Education and Schools ............................................................................................
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