environmental degradation as a cause of conflict in - Steiner Graphics

environmental degradation as a cause of conflict in - Steiner Graphics environmental degradation as a cause of conflict in - Steiner Graphics

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Pastoralists Tenure SystemSeasonal stock movements in response to physical/biological and socio-economicfactors are often associated with contacts, frictions and conflicts. This, of course,has led to some internal balancing mechanisms, particularly, those related to theirsocial structure and tribal administration.It is well documented that through time, the tribal or native administration hasarticulated itself and crystallized as a powerful organ and institution that catersfor the interest, sustenance and stability of the nomadic system. In this system,pasturelands and water sources are communally owned and utilized. They are notappropriated by individuals and pasturelands are always defined as uncultivatedlands. Beyond the seasonal routes also, no land is reserved or allocated for grazing.However, such specific land allocation exists only for cultivation, which clearlyindicated the tenurial bias against the nomadic pastoralist. Within the Dar (homeland),tribal sub-divisions, clans and villages have preferential grazing right withintheir territories.One mechanism for maintaining this preferential grazing right is through thecontrol or access to water sources (this is only possible and feasible if they wereestablished by the community rather than by the government as in case of wateryards). Often, customary rules and native administration are the main mechanismand institution regulating the tribal use and right on the seasonal routes. However,these rights could be lost if such routes are abandoned or intercepted by sizeablecommunity or government project.Hashab (Gum Arabic)Traditionally, gum production from hashab tree constitutes an important source ofcash to the farmers. The integration of hashab plantations within the traditionalagricultural rotation system is an old practice in the area. This is done by cuttinghashab trees when their yield declines, and replacing them by crops for 3-4 years.In the meantime, gums from those trees becomes ready to be tapped when cropproductivity started to decline, signalling the decline of soil fertility. Trees continueto be able to be tapped for 8-13 years, and again farmers start cutting thesetrees to grow crops in their place. The hashab crop rotation goes in this sequence.However, this pattern of land use began to lose its importance in many areas.Conflicts often were associated with hashab and grazing damage caused by herderstrespassing.62

Hashab Tenure SystemHashab ownership in the area constitutes the core of all other forms of land rights.In fact, other ownership rights are often judged in relation to hashab plantations.They form the maximum security of tenure within the customary set of rules.Hashab tenure system can be traced back to the ancient hakura system, wherebyindividuals, clans and tribes were given land concessions by the Darfur Sultans. Aswill be discussed later, the hakuras were used and managed according to certainarrangements within the native administration set-up in Darfur. Through time, thehakura system has acquired firm tenure recognition by the people. Slightly differentfrom other lands, hashab areas can be transferred by inheritance, buying andselling.Water Spreading TenureThis is a relatively recent pattern of farming that has emerged as one of the copingmechanisms with the drought conditions in Darfur. This newly emerging formof agriculture is confined to the alluvial soils of the wadis and khors. However, as anew form or pattern, it interacts with other resource users in many aspects:• conflicting with pastoralists access to watering and grazing along the wadisand khors.• conflicting with small-holder farmers particularly, traditional tobacco ortombak producers.• conflicting with small farmers who traditionally exploit the residual moistureof the khors for vegetable production.The status of tenure as regards the lands under water spreading activities is notcomparable to other land users’ tenure systems. In fact, there is a great deal ofconfusion within the customary rules when dealing with tenure issues and conflictsof the water spreading land.Formal RecognitionFormal recognition by the government as regards the customary tenure systems inthe area is not well-defined. Registration of land as a formal procedure of governmentrecognition is not applied in Darfur.Lack of such formal recognition and registration of land on permanent basis isconsidered by many proponents as advantageous and very much compatible with63

H<strong>as</strong>hab Tenure SystemH<strong>as</strong>hab ownership <strong>in</strong> the area constitutes the core <strong>of</strong> all other forms <strong>of</strong> land rights.In fact, other ownership rights are <strong>of</strong>ten judged <strong>in</strong> relation to h<strong>as</strong>hab plantations.They form the maximum security <strong>of</strong> tenure with<strong>in</strong> the customary set <strong>of</strong> rules.H<strong>as</strong>hab tenure system can be traced back to the ancient hakura system, whereby<strong>in</strong>dividuals, clans and tribes were given land concessions by the Darfur Sultans. Aswill be discussed later, the hakur<strong>as</strong> were used and managed accord<strong>in</strong>g to certa<strong>in</strong>arrangements with<strong>in</strong> the native adm<strong>in</strong>istration set-up <strong>in</strong> Darfur. Through time, thehakura system h<strong>as</strong> acquired firm tenure recognition by the people. Slightly differentfrom other lands, h<strong>as</strong>hab are<strong>as</strong> can be transferred by <strong>in</strong>heritance, buy<strong>in</strong>g andsell<strong>in</strong>g.Water Spread<strong>in</strong>g TenureThis is a relatively recent pattern <strong>of</strong> farm<strong>in</strong>g that h<strong>as</strong> emerged <strong>as</strong> one <strong>of</strong> the cop<strong>in</strong>gmechanisms with the drought conditions <strong>in</strong> Darfur. This newly emerg<strong>in</strong>g form<strong>of</strong> agriculture is conf<strong>in</strong>ed to the alluvial soils <strong>of</strong> the wadis and khors. However, <strong>as</strong> anew form or pattern, it <strong>in</strong>teracts with other resource users <strong>in</strong> many <strong>as</strong>pects:• <strong>conflict</strong><strong>in</strong>g with p<strong>as</strong>toralists access to water<strong>in</strong>g and graz<strong>in</strong>g along the wadisand khors.• <strong>conflict</strong><strong>in</strong>g with small-holder farmers particularly, traditional tobacco ortombak producers.• <strong>conflict</strong><strong>in</strong>g with small farmers who traditionally exploit the residual moisture<strong>of</strong> the khors for vegetable production.The status <strong>of</strong> tenure <strong>as</strong> regards the lands under water spread<strong>in</strong>g activities is notcomparable to other land users’ tenure systems. In fact, there is a great deal <strong>of</strong>confusion with<strong>in</strong> the customary rules when deal<strong>in</strong>g with tenure issues and <strong>conflict</strong>s<strong>of</strong> the water spread<strong>in</strong>g land.Formal RecognitionFormal recognition by the government <strong>as</strong> regards the customary tenure systems <strong>in</strong>the area is not well-def<strong>in</strong>ed. Registration <strong>of</strong> land <strong>as</strong> a formal procedure <strong>of</strong> governmentrecognition is not applied <strong>in</strong> Darfur.Lack <strong>of</strong> such formal recognition and registration <strong>of</strong> land on permanent b<strong>as</strong>is isconsidered by many proponents <strong>as</strong> advantageous and very much compatible with63

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