Michael Kirk (1996):
The Role of Land Tenure and Property Rights in Sustainable Resource Use: The Case of Benin

4.7. Limits of autochthonous resource management in lagoon fishing

The State is owner of all tracts of water. Notwithstanding, fishermen look upon the lagoons as common property and work and defend them as such; there exists within groups only individual usufructuary rights, controlled and guided by religious leaders (Baglo 1989). The marked feeling of belonging to a clearly defined geographical region and the tradition of fishing have contributed to the groups' still having a broad group of measures for protecting their vital resources such as mangrove and fish stocks. Their influence over 'strangers' is doubtlessly limited.

For generations, alternately stipulated and banned fishing zones have been identified in the lagoons. The latter are marked out with sticks and serve as common reserves which are preserved and protected by religious powers. Misdemeanours and the felling of mangroves are threatened with financial and other penalties such as punishment or with the threat of sickness and poisoning. The traditional institutions for the protection of community property rights and resource maintenance were called into question during the Marxist regime through 'sorcery' hunts and were particularly ignored by younger people.

The institution "Zangbeto" is attempting to prevent the felling of mangroves. An intact stock of mangroves is the precondition for maintaining the productivity of fishing in the lagoons. Originally "Zangbeto" was an association, a group of residents for protection against theft. Today its area of duty is spread out generally over natural resources ('mangrove police'). Local rules and sanctions follow one single guide-line according to Baglo: the deities require a well maintained natural environment in order to be able to survive, with trees, fruits, flowers, roots, sand, kauris, stones and so on. What is good for the deities is also good for people (Baglo 1989:138).

As for land, there exists a differentiated system of property rights for fishing grounds in the lagoons as well as for the so-called 'acadja':

• Sections of water containing 'acadja' are passed on within families.

• At times when money is scarce (ceremonies, large investments like a boat) catching grounds are mortgaged. If the credit is not paid back, the grounds become the property of the money lender.

• Fishing grounds are sold under the hand. There are no written contracts: a confirmation from the State in particular is not possible because of lacking border markings and its property reservations on water resources.

Well to do families try more and more to extend their fishing grounds since they have sufficient workers, nets and boats, etc. available. This seems to lead to unplanned, uncontrolled spreading out of fish catching in banned reserve zones and also in the grounds of neighbours. The consequences are:

• Permanent disputes over the borders of areas of influence, including the deliberate moving of border sticks and the theft of fish out of 'acadjas', and also social tension between the users.

• The blockage of sailing routes in the lagoons, using 'acadja', routes which are important for the mobile fishermen. Thus arises conflict between stationary and mobile fishermen.

• Massive pressure on the available fish resources and over-fishing since the described sanctions can only partially be enforced.

The local solution of conflicts and voluntary self-limitation aimed towards reducing catches on Lake Nokoué appear no longer possible, not in the least thanks to the fact that the committees set up and dominated by the state administration are not recognised by the fishermen and are unable to keep up with their functions. The State accordingly threatens forced destruction and reduction of stocks by one third. Comparable acts a few years ago near Porto Novo ended violently, with deaths occurring.