Abstract
Since 1991, both de facto and de jure pastoral tenure regimes diverged significantly in the five former soviet Central Asian republics (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan). Four of the five republics are currently considering the introduction of pasture codes with both individual and common forms of tenure under discussion. In the light of these debates this chapter examines the evolution of pastoral land tenure and user rights in each of the five republics over the 20 years since independence. Different choices were made by policy makers that have affected two key outcomes: firstly, livestock mobility and secondly, pasture access. The situation in each of the republics is reviewed and some case studies are presented.
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- 1.
Here we use the term “privatization” loosely to mean formal individualized and exclusive user rights.
- 2.
Note that in many developed economies, extensive livestock operations frequently depend on state-owned grazing land for at least part of the year (Huntsinger et al. 2010); ranchers with individual tenure may benefit from state protection as a buffer against drought and other extreme climatic events.
- 3.
In response to pasture privatization and fencing policies in Tibet, some pastoralists fenced only key areas around dwellings while continuing to manage other pastures in groups; many minor livestock owners were marginalized by the reforms, but others benefited by leasing pasture to those with more animals (Yan et al. 2005; Goldstein 2012; Richard et al. 2006).
- 4.
In some regions, such as lower mountain areas of Tajikistan, large areas of former rainfed pastureland have in fact been planted since the end of the Soviet Union, often for subsistence purposes. The land may be officially converted to arable land, and incentives to privatize are likely to be higher than on land remaining as pasture. However, it remains to be seen whether such conversion has been widespread enough to seriously impact pasture availability for the livestock sector.
- 5.
Although within broad seasonal grazing zones, stock movements could be variable from year to year, driven by snowfall and disease (Alimaev and Behnke 2007).
- 6.
Henceforth, we will refer to both entities as “state farms” for brevity.
- 7.
- 8.
- 9.
Much of the information presented here is taken from unpublished consultancy reports written by the lead author and based on fieldwork in three oblast (Robinson et al. 2001; Robinson 2007). All these patterns are also described in detail in Steimann (2011) and (Undeland 2005) cited here in the text.
- 10.
Parcels were initially allocated to users for 49 years, which was extended to 99 years and then finally transferred to them as private property in 1999.
- 11.
Decree No. 640, November 29, 1999.
- 12.
Badachi is used for those herding collective cattle, koichi is used for shepherds (looking after flocks of sheep and goats), and jilgachi for herders of horses; however, the term badachi is often used generically to refer to paid herders of all types of livestock.
- 13.
Often the basis for kezu group formation is residence in the same street (Steimann 2011).
- 14.
These systems are all quite fluid; for example, some badachi are large owners themselves but will also take the animals of members of their extended families to distant pastures.
- 15.
Pasture management plans should include maps, carrying capacity estimations, development plans, and detailed annual grazing plans to be updated every year. Annual plans should include the list of all pasture users holding a pasture ticket for that year, an inventory of all livestock for which pasture tickets have been issued, and information on livestock movement and seasonal pasture allocation.
- 16.
“On the introduction of changes and additions to the Law of the Kyrgyz Republic, ‘On Pastures’,” 2011.
- 17.
Livestock numbers may also be an issue here: official statistics suggested that, in 2007 total livestock numbers (in livestock units) were 34% lower than their 1990 level, although veterinary statistics indicated much high numbers (Robinson 2007). More recent official statistics suggest that livestock numbers are now close to 20% of 1990 levels (National Statistical Committee of the Kyrgyz Republic 2011).
- 18.
The law of May 2009 “On Dehkan Farms” (State Land Committee of the Government of Tajikistan 2009) is the latest incarnation of a set of laws first published in 1992.
- 19.
This may be literally translated as “peasant farm,” although the real meaning would be closer to “private farm.”
- 20.
It should be noted that individual households commonly secede from collectives and form their own dehkan farms; in some cases, they certify only arable land, continuing to use pasture in common with collective dehkan farm members. Such an option is not possible when collectives are completely dissolved, because these entities organize tax payments for pastures from all users. On closure of the collective, local officials must ensure that tax payments continue, so pasture must be recorded on the certificates of individual dehkan farms emerging from the dissolution.
- 21.
Land statistics for 01.01.2012 provided by Z. Lerman.
- 22.
About 11% of pastures are in State Reserve and another 11% are managed by the Forestry Department (official land statistics for 01.01.12 provided by Z. Lerman).
- 23.
A group of seven raion in the Rasht valley subordinate directly to Dushanbe rather than to an oblast administration.
- 24.
Although Article 17 seems to suggest that the area received should be proportional to the number of livestock owned by the dehkan farm members.
- 25.
This raion has rather different pastoral tenure arrangements than those recorded in other parts of the country (Kraudzun 2012), again underlining a high geographical variability in land reform outcomes.
- 26.
In 2008, those sheep and goats belonging to state-owned enterprises comprised 10% of the national total (State Statistical Committee of Tajikistan 2009); herd sizes were the same as those in Soviet times, at 700–800 head of small stock.
- 27.
Two of the versions have been sponsored by international organizations; one was drafted by the Ministry of Agriculture and one by the “working group” on pasture reform, which includes various stakeholders.
- 28.
These independent units are designated as kristianski khozyaistvo (peasant farms), but they will be referred to here as family farms to distinguish them from the large “agricultural corporations” described in this section.
- 29.
Article 79.
- 30.
Articles 33 and 34.
- 31.
Originally the length of leasehold contracts was 99 years, which was later reduced to 49; the permanent use category was later converted to private ownership to reflect the 2003 Land Code (see the Law on Peasant Farms with 2003 amendments, Article 6).
- 32.
Articles 20–24 concern definitions and granting of private land, which must be purchased at set rates. Land already incorporated into family farms on a permanent use basis could be converted to private land at no extra charge (Article 170(3)).
- 33.
Of the leased land shares (representing 14.36 million ha) that remained after January 1, 2004, up to the deadline, about 5.8 million ha was transferred to family farms or similar structures, while 5.6 million ha was contributed to the capital of agricultural corporations, and 1.7 million was returned to the state. Thus, today CLS no longer exist. Of the subleased land plots, 65% was contributed to the share capital of agricultural corporations, and 24% went to smaller farms (USAID 2005b).
- 34.
According to the Land Code of 2003 (Article 26.1), this “village pasture” cannot be purchased into private ownership; it is unclear to what extent it may be subject to leasehold title.
- 35.
Kerven (2012) reports annual leases in one region of the country (personal communication).
- 36.
Some of this increase is accounted for by increases in the total pastureland registered for use by any agricultural entity, suggesting that some land from the State Reserve is being brought back within formal tenure arrangements. The total area of pasture registered to users increased by 12% between 2006 and 2011.
- 37.
This concept was drafted by UNDP and is now under consideration at the Ministry of Agriculture.
- 38.
A speech by President Nazarbaev in December 2011 urged the development of migratory systems of livestock production (Kazakhstanskaya Pravda, 28 January 2012).
- 39.
The 2003 Land Law (Articles 26.1 and 101) states that “otgonnye” or remote seasonal pastures can only be used by family farms under the leasehold tenure arrangement and not bought into private ownership. It is not clear what proportion of the pastures currently in the State Reserve fall into this category.
- 40.
Land under the category known as “private ownership” cannot be bought and sold and may be confiscated by the state under a wide range of conditions (Lerman and Stanchin 2003).
- 41.
Articles 59 and 66 of the 2004 Land Code.
- 42.
The ownership of a large proportion of state livestock was transferred from associations to this agency by government directives (World Bank 2001).
- 43.
In the case of items subject to state orders, leaseholders submit their produce directly to government marketing organizations rather than through the intermediary of the association; thus, in such cases, associations play no part in marketing of agricultural produce (Lerman and Stanchin 2003).
- 44.
In the case of state orders, inputs are provided by state marketing organizations, not the associations (Lerman and Stanchin 2003); see also the Law on Peasant Farms of 2007 (Article 8.2).
- 45.
Despite high costs and lack of support from associations, Jumardurdyev (2010) found that livestock leasehold arrangements are relatively advantageous – in one area of mixed farming, those engaged in shepherding with access to state herds had average incomes around 50% higher than leaseholders of arable land or salaried workers.
- 46.
These plots were enlarged by state decree, in the interests of food security and today have an average area of 0.2 ha, 100 times smaller than the average peasant farm (Veldwisch and Spoor 2008). Dehkan farmers are not subject to state restrictions on crop types to be grown and marketed; however, this type of farm may not exceed 0.35 ha of irrigated land by law, and thus, dehkan farmers are unable to grow much above what is needed for subsistence. They thus often work for peasant farms on a wage or cash cropping basis (Lerman 2008; Veldwisch and Spoor 2008).
- 47.
These three structures were first recognized in the 1998 Land Code; the legal frameworks governing each one (the Law on Dehkan Farms, the Law on Peasant Farms, and the Law on Shirkat) were passed with the Land Code in April 1998 (Lerman 2008).
- 48.
Official figures for 2007 suggested a 40% increase in cattle numbers and 20% increase in small stock numbers since 1991 (Yusupov et al. 2010).
- 49.
It should be noted that the establishment of “private farms” by groups is possible in both Kazakhstan and Tajikistan, but has not generally been taken up for the purposes of pasture management. This may be due to the fact that arable land comes under the same registration process and also to the unstable membership of common herding groups.
- 50.
The situation differs slightly in the western part of Farish district on the territory of the Farish and Kyzylkum shirkat: here, collective village-based grazing is rather uncommon. Most households either graze their livestock individually, have it graze without a shepherd, or give it to a shirkat shepherd who has a barn in the steppe.
- 51.
A recent (unpublished) study by the World Bank, which presents results from 1,800 surveyed farmers in 18 raion, found that pasture access and rotation was ranked among the top five problems most commonly cited by farmers (World Bank 2012).
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Acknowledgment
We would like to thank Ilka Starrost and Heino Hertel for putting the authors in contact and Carol Kerven and Zvi Lerman for their advice and data.
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Robinson, S., Wiedemann, C., Michel, S., Zhumabayev, Y., Singh, N. (2012). Pastoral Tenure in Central Asia: Theme and Variation in the Five Former Soviet Republics. In: Squires, V. (eds) Rangeland Stewardship in Central Asia. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-5367-9_11
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