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

steinergraphics.com
from steinergraphics.com More from this publisher
12.07.2015 Views

ural conditions in the country. They advance the following arguments:• Difficulty of keeping and sticking to one piece of agricultural land withoutshifting in cases of dwindling soil fertility. This point is particularly valid insandy soils and qoz lands;• Limiting the mobility of individuals and groups, particularly the landless andnomads. Traditionally, customary procedures and communal ownership of theland accommodate and cater for such mobility;• In case of permanent ownership of the land through formal registration, thenative administration powers will be weakened and will lose the respect andcommitment of the people;• Complication and cost of formal land registration may impose unnecessaryburden on the rural poor.However, there are some arguments in favour of land registration. Supporters ofland registration in rural areas usually consider the following:• Due to increasing trend of land commercialization in agricultural areas, particularlyalluvial soils, owners and transactions should be supported by formalland registration documents.• Land registration documents are often officially required for eligibility forcredit and agricultural facilities.• Small-holders will be protected from any future displacement in case of largedevelopment projects.• Permanently-secured ownership of land is more likely to induce and encouragerational use of land by the farmer.• Modern statuary legal system is more consistent, fair and free from any tribalbias than the native more or less tribal administration.These points of argument in favour of land registration are more suitable to be consideredin cases of water harvesting and water spreading schemes in Darfur.RecommendationsGeneralThis paper asserted that the traditional tenure and land use forms has been considerablymodified and adjusted according to social and economic changes takingplace at the local level. Conflicts arise as the result of outside intervention contraryto the traditional systems. It is found that both formal and informal institutions64

co-exist at the local level where each performs roles and functions related to usufructrights.• It is clear that the existing traditional institutions are still viable. By notrelying on existing rules and bodies (be they informal, traditional, or customaryauthorities), we will be in danger of undermining ways of controllingresources rather than strengthening them. By not being concerned with legitimateways of exercising power by existing land management institutionsand resorting to the creation of new structures, which, if their objectives arenot shared by the local people, may be incapable of playing their intendedrole efficiently.• Rural communities in Darfur, continue to operate through institutions andresource management systems which are capable of reconciling social needswith ecological conditions.• Land tenure conflicts and user rights are often resolved at village level withthe help of customary institutions.• The intercommunity relationship as used to be practised through precautionaryconferences, where all stakeholders (leaders) meet to discuss possibleemerging issues and affirm previous decisions, is an important approach andforum for the settlement and prevention of conflicts.• Decentralization policies and the federal system are expected to introducenew dimensions to land management. It is important to look for ways tomake smooth transition through negotiated management of natural resources.Pastoralists (nomads)• Pastoralists, although they have less security of tenure, still exercise rightsof use over certain areas which are controlled by several authorities. Becauseof this, there is need to coordinate their movements with communitiesthat have rights of access to resources.• Right of access to forage changes over the course of the year (rainy and dryseasons). Assigning particular areas for nomads may have a negative impacton mobility and need to cope with variations in fodder production and tomake the best use of pasture land.• In order to meet the needs of the herders, it is important not to opposetraditional rules and local strategies and allow the smooth evolution of indigenousland management systems.• The land commission to be established – after final peace agreements – mustfollow an open approach and consultation with actors in order to find sustainablesolution to the problems of land management.65

co-exist at the local level where each performs roles and functions related to usufructrights.• It is clear that the exist<strong>in</strong>g traditional <strong>in</strong>stitutions are still viable. By notrely<strong>in</strong>g on exist<strong>in</strong>g rules and bodies (be they <strong>in</strong>formal, traditional, or customaryauthorities), we will be <strong>in</strong> danger <strong>of</strong> underm<strong>in</strong><strong>in</strong>g ways <strong>of</strong> controll<strong>in</strong>gresources rather than strengthen<strong>in</strong>g them. By not be<strong>in</strong>g concerned with legitimateways <strong>of</strong> exercis<strong>in</strong>g power by exist<strong>in</strong>g land management <strong>in</strong>stitutionsand resort<strong>in</strong>g to the creation <strong>of</strong> new structures, which, if their objectives arenot shared by the local people, may be <strong>in</strong>capable <strong>of</strong> play<strong>in</strong>g their <strong>in</strong>tendedrole efficiently.• Rural communities <strong>in</strong> Darfur, cont<strong>in</strong>ue to operate through <strong>in</strong>stitutions andresource management systems which are capable <strong>of</strong> reconcil<strong>in</strong>g social needswith ecological conditions.• Land tenure <strong>conflict</strong>s and user rights are <strong>of</strong>ten resolved at village level withthe help <strong>of</strong> customary <strong>in</strong>stitutions.• The <strong>in</strong>tercommunity relationship <strong>as</strong> used to be practised through precautionaryconferences, where all stakeholders (leaders) meet to discuss possibleemerg<strong>in</strong>g issues and affirm previous decisions, is an important approach andforum for the settlement and prevention <strong>of</strong> <strong>conflict</strong>s.• Decentralization policies and the federal system are expected to <strong>in</strong>troducenew dimensions to land management. It is important to look for ways tomake smooth transition through negotiated management <strong>of</strong> natural resources.P<strong>as</strong>toralists (nomads)• P<strong>as</strong>toralists, although they have less security <strong>of</strong> tenure, still exercise rights<strong>of</strong> use over certa<strong>in</strong> are<strong>as</strong> which are controlled by several authorities. Be<strong>cause</strong><strong>of</strong> this, there is need to coord<strong>in</strong>ate their movements with communitiesthat have rights <strong>of</strong> access to resources.• Right <strong>of</strong> access to forage changes over the course <strong>of</strong> the year (ra<strong>in</strong>y and dryse<strong>as</strong>ons). Assign<strong>in</strong>g particular are<strong>as</strong> for nomads may have a negative impacton mobility and need to cope with variations <strong>in</strong> fodder production and tomake the best use <strong>of</strong> p<strong>as</strong>ture land.• In order to meet the needs <strong>of</strong> the herders, it is important not to opposetraditional rules and local strategies and allow the smooth evolution <strong>of</strong> <strong>in</strong>digenousland management systems.• The land commission to be established – after f<strong>in</strong>al peace agreements – mustfollow an open approach and consultation with actors <strong>in</strong> order to f<strong>in</strong>d susta<strong>in</strong>ablesolution to the problems <strong>of</strong> land management.65

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!