Rethinking Ethiopia’s Land Policy for Climate Resilience: Analysis based on McAuslan’s Land Policy Framework

Abstract

Ethiopia does not have a comprehensive national land policy, and the constitutional provisions and land legislation serve as de facto policy instruments for land issues. A strong land tenure policy plays a significant role in building resilience to climate change. However, the extent to which Ethiopia’s legal framework contributes to climate change mitigation and adaptation is an issue that needs due attention. This article examines the role and implications of land policy in climate mitigation and adaptation by using McAuslan’s land policy framework. Doctrinal research method is employed, relying on primary and secondary sources. The primary sources in the research include the FDRE Constitution, Ethiopian laws (relating to land and climate change) and international and regional climate-based protocols and agreements. Secondary sources include academic literature and other published and unpublished documents. The analysis shows that Ethiopia’s legal regime is not designed to clearly define land rights, efficiently regulate land allocation and use, equitably distribute land, or adequately encourage customary tenure rights. Nevertheless, by safeguarding the State and national patrimony regarding land, the current legal framework has some elements that contribute to climate resilience investments. This article calls for reforming various elements of Ethiopia’s land regime and land tenure security through an efficient, equitable, clear and environment-friendly land policy that can enhance its ability to promote and support climate change resilience.