Proceedings of the Workshop on Pastoral Land Tenure Systems in the Horn of Africa, Nazareth, Ethiopia, 1997.

Funding: IIED
OXFAM UK

Development of Land Tenure Policies in Ethiopia.

Researcher: Yacob Arsano

Historically the dominant system of land tenure in the northern regions of Ethiopia was the Rist in which kinship groups communally owned land. Land was held in the name of the Emperor. The Church was the other major land owner.

Whilst Rist did not specifically prohibit the transfer of land for sale in practice it was difficult.

In the late 19^th century the empire consolidated itself and absorbed the southern regions into the central state. But in the south, the whole population was made gabbar dispossessing them of any rights and making them into serfs.

After the restoration of the monarchy in 1941 pastoral land which was considered potentially arable was distributed to those who had fought against the Italians. In the valleys, pastoral land was used for mechanised agriculture. Large numbers of pastoralists were displaced to more marginal areas.

Various proclamations were made about land ownership and with every one pastoralists seem to lose more ground.

The Constitution of the Federal Republic of Ethiopia of 1994 does recognise pastoralists’ rights to free land for grazing and cultivation as well as a right not to be displaced from their own lands. Given the history of conflict over land tenure issues in the past it is important that new land policy should provide for state-owned, privately owned and communally owned land systems which exist side by side and provide a basis for development.

Land Tenure in the Somali Region of Ethiopia

Researcher: Yacob Arsano

The Somali region is the largest pastoral area and is inhabited by ethnic Somali pastoralists. The dominant system is pastoralism complemented by agro-pastoral and commercial activities.

Somali life is based on membership of a clan and among pastoralists, this regulates access to land and water. Pastoralists move between areas according to the availability of water. Streams, ponds and wells are communally used and access is free to clan members.

As in other areas, rangeland resources vary between well-endowed areas, which tend to be over used, and less well-endowed areas, which tend to be disregarded.

Contradictions between the state and the pastoralists over ownership of land persist; pastoralists claiming that they do not owe money for taxes as land has always been their and the state which views pastoralists as having occupational rights which incur tax

Changes are occuring for several reasons in this region. As elsewhere, there is increase in population and environmental changes are occuring. More people are turning to agriculture and livestock economy is supplemented by mixed farming. In addition, conflict in Somalia has meant an influx of refugees in this region adding further pressure over resources. Land enclosure has led to serious conflict with numerous casualties.

In this changing social environment women have started to make themselves heard and are beginning to claim their rights as individuals.

New developments such as oil and natural gas exploitation have also claimed some land which was previously used as pasture.

All these contribute to the reaction of pastoralists who made use of the collapse of law and order in 1992 to repossess land.

It is hoped that federalism in the country and the granting of self-administration to the regions will make it possible for people to find ways to reconcile state and community interests and make it possible for pastoralism to develop in a peaceful way.

Land tenure Systems and their Effect on the Afar

Researcher: Ayalew Gebre

This region was traditionally occupied by the Afar people who used land communally. Over the years, successive governments realising the potential of the Awash valley where the Afar grazed their herds have encouraged large-scale agricultural entreprises to the area.

The Awash Valley Authority was made responsible for development in 1962 and this put further pressure on land used by pastoralists during dry season. However, neither alternatives nor money was offered as compensation. This situation was aggravated by the establishement of the National Park in 1966 and the Afar pastoralists have been involved in confrontations with the Park authorities on numerous occasions.

In less than 10 years of existence the AWA had already converted almost ¼ of the designated land to agriculture and wildlife conservation which led to rapid loss of natural resources and drought.

Because of land expropriation, the Afar long-established solidarity began to suffer. Frictions developed over shared resources and changes towards individual tenure began to be more widespread.

In 1974, some fundamental changes in tenure were made and in 1975, nationalisation of rural and urban land was proclaimed. The Awash Valley saw further expansion of commercial agriculture.

When the Transitional Government took over, land reform was one of the essential questions to resolve. It declared that all land belonged to the people of Ethiopia through the agency of the state but made provision for some individuals and companies to continue their activities. The feeling of insecurity among the Afar was alleviated by a consitutional declaration which protected them from eviction from their traditional lands.

Some attempts were made at compensating them for previous losses by offering settlement schemes and providing irrigated pasture. For a number of reasons, this failed.

The author suggests that in the future, success could be achieved if irrigated agriculture and pastoralism could be practiced side by side. This could be done by making husbandry economically viable and would allow activities such as crop production to exist as complementary activity.

Shifting Cultivation, Livestock Husbandry and Land Tenure Systems in Metekel

Researcher: Gebre Yintiso

The region of Metekel is largely populated by the agro-pastoralist Gumz people.

The traditional land tenure system combined individual possession with group ownership with equal access to land.

Throughout history the Gumz faced various attempts by governments to control their land and gradually retrenched in remote areas where no access to services were available and where they became increasingly isolated.

After 1974, some provisions for services were put into place. In 1985 a large number of people were resettled in Metekel. For a further 10 years various projects were started by the gopvernemtn and various NGOs. The Tana Beles Project had a devastating effect on the lives of the Gumz depriving them of arable land, traditional hunting grounds and fishing. Deforestation also took its toll and conflict between groups was intensified sometimes leading to serious loss of life and property.

Even with the formation of a new g overnment, little provision in the new Constitution has been made for shifting cultivators. Population growth and migration have caused environmental damage and this leaves little hope for the future of Metekel.

Recommendations made include urgent action to solve land issues to restore security among the Gumz and the improvement of communication networks to reduce isolation.

Pastoralism and Land Tenure Systems in Eritrea.

A Case Study of Labka District in the Sahil Province

Researcher: Woudassie Yohannes

This mountainous region is divided in three ecological zones in which semi-nomadic pastoralism has been practiced for a long time.

Following the long war with Ethiopia, pastoralists have gradually adopted agro-pastoralism. In the highlands they practice rain-fed agriculture and in the plains irrigated agriculture.

Traditionally land was owned communally by the inhabitants of Labka. In the 16^th century the Ad Temariam clan moved into the area and their ruler allocated land to his people who could then pass it down in their family.

Under colonial regime, land was deemed to belong to the state granting pastoralists occupational rights. In the 1970s, the EPLF redistributed land in the liberated areas. The people of Wadi Labka claimed customary rights of the area and conflicted with the newly settled people. The EPLF maintained that reallocation of land was done through elected committees and according to household size. After independence, the people of Wadi Labka claimed back their land but the issue could not be resolved and was left to central government to adjudicate on.

At present the debate about pastoral land rights in Eritrea is taking place at government levels and the country should learn some valuable lessons from its neighbours.

A Case Study in Mensura District in the Barka Province

Researcher: Zerabruk Tesfamariam

The Beni-Amer people are the largest group in this district. Initially they were only pastoralists and did not live in settled villages. They grazed their animals on communal ranges. Under Italian rule, the land was made state land and was administered by the Natab who allocated land and collected taxes.

Under British Rule new administrators were brought in and cultivation became more widespread making the demand for farmland higher.

In the 1960s people from neighbouring provinces came to rent land in the area but with prolonged war and recurrent famines these activities were abandoned and people displaced.

The Beni Amer see the land as their own and allow only people from other parts of Eritrea to graze their animals here. Disputes over land are settled by a council of elders.

There is a pastoral council of elders in Mensura whose role is to advise about good grazing land, watyer points and other issues which are important for the lives of pastoralists. As only 30% of land in Mensura is cultivated, people are more dependent on livestock than on crops. They practice rain-fed subsistence farming. Staple foods are mostly sorghum and finger millet.

The resettlement of returnees to the area aims to give each family a plot of land and a house and is likely to render the issue of land acute.

Researcher: Tesfay Haile

The district of Hazemo groups a number of villages and is inhabited by Saho, Tigre and Tigrigna people.

Until the late 1980s land was privately owned and people from outside who tilled a plot were required to pay part of their harvest to the village committee.

The EPLF abolished land taxes paid by pastoralists and peasants for grazing livestock and changed the privately owned system for the village-owned system. Land was redistributed to all households in individual villages. However, pastoralists and landless peasants wanted to be the only beneficiaries.

First in 1983, and again in 1990, the EPLF constituted a committee to devise fair redistribution of land between Hazemo and Tedrer. The decision did not satisfy the pastoralists and things have not yet been resolved. Further insecurity among the population is caused by the construction of dams.

Contradiction between cultivation of land and need for pastureland is great and efforts to reconcile both interests have failed so far.

Pastoralism and Land Tenure Systems in the Sudan and around the Rahad Irrigation Scheme in Eastern Sudan

Researchers: Prof Mohamed Abusin
Yousif El Mahi
A El Hafiz Suliman

The traditional land tenure system among pastoralists in the Sudan was first one in which powerful tribes managed land according to customary law. Later on, the Sultan was custodian of land and resources with absolute power for assigning land to individuals or religious groups.

The British administration took the tribal homeland as a base for the institutionalised Native Administration.

After independence the government began to establish large agricultural schemes and used the land traditionally used by nomads. Unregistered land was transferred to either public or state interests without compensation. Even though commercial ranchers were granted rights of passage through mechanised farms, pastoralists were denied this.

Traditional patterns of movement were altered and traditional production systems changed. Pastoralist became farm workers, but a few groups still practice nomadism with large herds.

The system as it stands is bound to give rise to conflict between nomadic pastoralists and mechanised farmers but also between transhumant groups and tenants, and herders and other groups. As the system rests on the expansion of mechanised farming, government policy favours large crop and livestock producers.

Legislation on land tenure reflects misconceptions about the pastoral system. New schemes are favouring large-scale irrigation as in Rahad and New Halfe. The area of the Rahad scheme used to be wet season grazing land. As happened with the Gezira scheme, this has been very detrimental to the pastoral and agro-pastoral production systems even though they are known to offer better opportunities such as food security, provision of social services etc to those affected by privatisation.

Land Tenure Issues in Pastoral and Agro-Pastoral Communities in Western Sudan: the Case of El Dubeibat Rural Council, South Kordofan State.

Researcher: Abbass Musa

El Dubeibat Rural Council is one of three main councils and comprises the plain of Qoz or sand dunes inhabited by the Hawazma and nine other tribes.

Since arriving to the area the Hawazma have switched from camel herding to cattle herding and have taken up agriculture which is gradually becoming the main occupation.

Land is communally owned with the Native Administration being the custodian. Outsiders can have access to land if they comply to the rules of the tribe. The consent of leaders is required to sell or rent land.

After the 1984 and 1991 droughts significant changes occurred in the ecological balance of the region. In Dubeibat where water was relatively abundant a number of people came to settle and they moved towards agriculture where there was money.

The increase in demand for land and the Unregistered Land Act worked against the interest of pastoralists. Their grazing land became scarce. The Nuba Mountains Agricultural Development Project introduced tractors and oxen drawn ploughs thus increasing the demand for large expanses of land. Conflict in the Nuba Mountains has restricted access to pastoralists’ trekking routes.

Herders are badly organised and have little power in the face of commercial interests. There are however, some signs that changes in attitudes are occurring and the idea of organising in herders’ association is becoming accepted.

Although land legislation is being devised little seem to be done to protect the interests of pastoral people. Recommendations are put forward to involve the population in discussion over the implications of policy changes and for the government to try to restrict the number of legislative changes.

Agro-Pastoral Production and Land Tenure Systems in Tokar Province, Sudan

Researcher: Mohammed Hassan Salih.

This province is situated in the semi-desert belt. There are a number of seasonal rivers and the Barka is the largest. Dry season conditions are particularly harsh with high temperatures and dust storms.

The Beja are the largest ethnic group but there are a number of other groups too.

The Beja traditionally used the Barka delta for grazing and growing sorghum and millet. Cotton cultivation was flourishing until the development of the Gezira scheme but it remains a cash crop.

Traditonally land use was based on Beja customary law . There has been fragmentation of land because tenancy was deemed inheritable. In recent years, the decrease in irrigated areas and demographic pressure have exacerbated the demand for land and many conflicts between tribes have taken place.

Some regulations for land registration have been put into place to try to limit the number of disputes. The Beja have always pursued mixed economy activities with pastoralism remaining the dominant mode. They value their herds for economic benefit rather than for social prestige or political power.

But, as shown in other studies, the inhabitants of the region are having to face changes in livelihood brought about by the loss of livestock due to droughts and the expansion of commercial farming whether from government or private sector.