Balancing Customary Norms and Human Rights in Land Rights Governance in Ethiopia

Abstract

This article examines the challenge of balancing customary land norms with human rights within Ethiopia’s plural legal system, with particular emphasis on women’s land rights. Customary land administration and dispute resolution mechanisms play a central role in rural governance, drawing legitimacy from local knowledge, social cohesion. However, when applied without adequate constitutional and human rights safeguards, customary norms frequently conflict with fundamental principles of equality, due process, and gender justice. The article adopts a doctrinal methodology and feminist legal perspective, argues that customary law is not value-neutral but embedded in patriarchal power structures that systematically marginalize women in access to land, participation in decision-making, and dispute resolution processes. The findings indicate that there are not sufficient constitutional and procedural safeguards to regulate when some aspects of customary laws contravene the rights of women and other marginalized groups. Moreover, the legal frameworks lack accountability, and gender inclusivity.  To address these gaps, the article proposes legal and structural inclusion in the legal frameworks like, repugnancy test, formal recognition accompanied with regulation and support integration of customary laws into the state legal system and codification of customary rules. Collectively, these measures provide a framework to operationalize constitutional and human rights protections, promoting equitable land governance and safeguarding women’s rights. This article contributes to the literature by critically analyzing the interaction between customary law and human rights in land governance in Ethiopia.