Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

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3. Land Tenure Systems in Focus - Lessons Learned, Challenges and Options for the Future

3.1 Land Tenure Systems and the Natural Production Basis – Interactions and Conflicts

Multifaceted interactions and an increasing potential for conflict exist between the sustainable preservation or degradation of the natural production basis and the design of the agrarian structure, especially land tenure systems.

Massive and increasing environmental problems are the central driving force for accelerating, often unplanned changes in the systems of land tenure. High economic and social costs are bound to this.

Poverty-stricken, land-hungry peasants can only rarely realize the principles of land cultivation, that is adapted to the location and environmentally protective, for example, on steep slopes in Nepal or in the Andean region of Latin America. The results of this includes: runoff of valuable topsoil into the valleys, loss in land value, degradation of land, desertification or conflicts on erosion damage, migration, shortage of laborers and the abandoning of these sites.

Erosion, loss in land value, migration

The expansion of arable farming to marginal pastoral areas as a result of population pressure, deterioration of land fertility or mechanization, for example, in the Sahel, strengthens the land tenure position of settled farmers. It promotes the individualization and privatization of land at the expense of community access and distribution regulations of pastoralists.

Questioning the land tenure systems of pastoralists

Inversely, pastoralists practicing extensive stock keeping increasingly have problems surviving in degraded areas threatened by desertification. Work relationships, division of labor and social security systems break down as a result of the deterioration of indigenous land tenure. Marginality, migration to cities and a decrease in the contribution of semi-arid areas to the national product can be the consequences.

Collapse of their systems of land tenure and of labor organization

In many regions the water supply for irrigated areas is no longer continuously secured. Due to a lack of drainage or the drilling of deep wells, increasing salinization and reduction in yield potential are slowly progressing. The typical conflicts between those with property upstream and those downstream are becoming more intense. The community of nations is at a crossroads: Unless appropriate measures concerning development and environmental policy are taken up, there will be dramatic water problems especially in partner countries. This could escalate to a world-wide crisis through long-term side effects like migration, infection, conflict export, or common trade interlockings (WBGU 1997).

Water shortages, salinization and water rights
Water as a constraint for global food security

"Tightening water supplies have been accompanied by rapid growth in demand for water. [...] Globally, water withdrawals are projected to increase by 35 percent by 2020 [...], with growth in developing countries much faster than in developed countries. Developed countries as a group will increase water demand by 22 percent [...], more than 80 percent of which will be for industrial uses. The serious pressure on water resources will however be in the developing world, where water withdrawals are projected to dramatically increase by 43 percent. In sharp contrast to past growth patterns in developing countries, the absolute increase in domestic and industrial water demand will be greater than the increase in agricultural water demand. [...] The combined share of domestic and industrial use in total water demand in developing countries will hence more than double from 13 percent to 27 percent, representing a significant structural change in water demand in developing countries."

(Rosegrant et al. 1997)

Reduction of tropical forests is being forced as a result of improper commercial logging, clearance, overuse, fuel wood consumption and measures for infrastructure. In some countries the government created this problem by passing rigid laws against forest use for local inhabitants. The economically difficult situation forces local people that were banned from using the forest to gather wood or wild fruits to exploit their previous village tree stands in an unregulated, quasi-anarchistic manner. The results are thus much more dramatic as forests offer many possibilities for use (apart from fuel wood, building materials, food, fodder, medicinal herbs and "hundreds of everyday things").

Exploitation of forests

Uncertain, questionable land rights prevent long-term resource protection measures from being effective. Farmers will only plant grasses and legumes to improve their pastures, plant trees and take measures to prevent erosion if they are sure that they will receive the benefits of their investments. Exclusive property rights like private property, but also the long-term user rights which can be inherited are those which are most probable to promote a long-term planning perspective and the implementation of land use patterns which are resource-protective.

Uncertain land rights prevent the protection of resources

While fertile, highly productive land is concentrated in the hands of a few in many regions and remains partially uncultivated, poor farmers have often been displaced to marginal, ecologically fragile sites. Smallholders in the Dominican Republic, for example, often cultivate intensively land having poorer quality such as in mountainous or dry regions.

Unequal land ownership distribution displaces smallholders to marginal sites

The conditions for land cultivation should not be separated from the systems of land tenure in their impact on soil preservation and conservation (cf. Overview 1, Section 1.1). The soil can be damaged due to excessive application of fertilizers and incorrect application of pesticides. A "code of land use" does not exist in many countries yet. The code regulates and restricts not only the land use rights and the application of fertilizers and pesticides, but also the intensity of use, use of hillsides, etc. (see Rural Code in the Niger).

Photo 4: South African Township

Code of land use
photo4.jpg (199108 Byte)
Source: GTZ

Clarification of water rights is often a serious problem in areas where irrigation is necessary. If water ownership and use rights and the mode of water distribution and management are not clearly determined, then problems of uncertainty of the law arise. In addition, the distribution of responsibilities between the state and users with respect to management and maintenance is often not regulated. This frequently leads to the wasting of water and, indirectly, to damaging the soil and a reduction in its yield potential.

Uncertain water rights and inefficient water use

When off-farm employment is found, the interest in farming and the preservation of resources decreases. In addition, many of the protective measures are very labor-intensive and are thus neglected such as the maintenance of terraces on hillsides and measures for the prevention of wind erosion. In general, these tasks are performed during times that are less labor-intensive in the farming production cycle. When the amount of land available to a family for farming is no longer sufficient, then the peasant is forced to find off-farm sources of income during these less labor-intensive times. As a result, the necessary skills, for example, for repairing terraces are lost in the long term.

Off-farm sources of income and neglect of resource protection

Increasingly, nature reserves and national parks have been allocated. This is also due to the UNCED and to national environmental action plans. In the core of protected areas, no types of use are allowed, while sustainable use is required in buffer zones. Thus, the local population that used the area traditionally for gathering, hunting or stock keeping is banned from the core areas by strict laws de jure, however, they still use (illegally) the land de facto. The displaced forest inhabitants then compete with others (in part, external users) for the resources the supply of which is becoming more and more limited. Approaches for a participatory buffer zone management attempt to avoid conflicts between the forest authorities, legal and illegal users.

Environmental protection and processes of displacement
Insecure rights lead to resource destruction in the lowland areas of the Amazon

In general, the Indian inhabitants of the Amazon lowland areas use their territories very extensively, i.e. as a combination of farming, hunting, fishing and gathering. This way of managing the land in no way reflects the predominant conception of economically sound land use of the majority of the population since it is focused on subsistence and not for the market. Therefore, the Amazon region is considered "tierra baldía" or land without an owner to them. Anyone can own the land if he cultivates it. This point of view is also the basis for the governmental settlement programs which can be seen all over the Amazon region and for the spontaneous taking of land by landless immigrants and land speculators. Paradoxically, this serves as a valve for land reforms that have not been implemented or cannot be enforced in adjacent regions.

So as not to be totally driven from their territories, the resident ethnic groups feel compelled to cultivate their land "effectively" according to the standards of the majority of the society. They hope to acquire legal land titles in this way. An intensification of land use is in fact hardly possible or sufficient as a shortage of both labor and markets to sell the produce exist. Thus, many groups switch to using the land for extensive livestock keeping despite the ecological problems tied to this form of land use. This is sufficient evidence for the government that the land is being used though it destroys the tropical rain forest sustainably and over a broad area.

(Bliss & Gaesing 1996:17)

 

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