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

4.8. Decentralisation as a challenge

With democratisation and structural adjustment programs, the public discussion about deconcentration and decentralisation in Benin moved to centre stage. By deconcentration a redistribution of State powers to other levels is meant such that the territorial administration, represented by district commissioners (sous-préfect) and Governors (préfect), who will receive a greater amount of authority for making decisions. These established levels of administration (Département, Sous-Préfecture) will be retained (Clauzel 199_).

Decentralisation means the redistribution of power to the various regional administrative bodies (collectivités territoriales) (MISAT 1992), although discussions have not been completed as to how they are to be defined. Two levels are expected: the province - not only as an administrative branch, but also as an independent regional administrative body (comparable to a German 'Land') - and also the municipality (commune). While the urban municipalities can be relatively easily defined, the current combining of villages into a municipality is favourised as the future regional administrative bodies at the local level in rural areas (Clauzel 199_).

At the end of 1993, a law of orientation prepared by the Ministry of Interior was presented from which it was not clear whether it was already before the Committees of the National Assembly or still being retained in the Ministry. This detail underlines the political explosiveness of the process which matches a massive redistribution of power and wealth from the central State to lower levels of policy making and administration. Which are the consequences directly relevant for land tenure?

Regional administrative bodies with their own legal body who can draw up contracts and can get credit require an extensive and sufficient revenue basis. To date, the four 'old' taxes, in particular land tax, have been the basis of taxing. And that they will also be in the future. For rural municipalities, the combining of many villages would require the forced set up of a system of taxing real estates. Setting goals aimed at land tenure and resources can then hardly be separated in rural areas from fiscal considerations. The negative effects of zoning programs on the demanding back of loaned tracts of land and uncertain rental condition are already distinctly beginning.

In general the principle must apply that each municipality must also be the owner of the resources administered by it. To date only the State has legally been seen as an owner so that a redistribution of resources is required. Commissions will be necessary for the zoning of properties, roads and public buildings. The same is also applicable to public domains, i.e. forests, hunting zones and other protected areas. The problems of how they should be maintained and protected in the long term, who is going to come up with the money, who can make and enforce regulations an decrees, etc., still have to be cleared up.

With that, decentralisation intrudes deeply into property rights, newly defines them, creates new authorities for their protection and for punishing misdemeanours and thus touches the very form of resource utilization.