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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. |
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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 |
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| Source: GTZ |
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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 |
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| 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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