This paper was peer-reviewed for scientific content.

Pages 125-130. . In: D.E. Stott, R.H. Mohtar and G.C. Steinhardt (eds). 2001. Sustaining the Global Farm. Selected papers from the 10th International Soil
Conservation Organization Meeting held May 24-29, 1999 at Purdue University and the USDA-ARS National Soil Erosion Research Laboratory.

Land Tenure and Soil Conservation Practices - Evidence From West Africa and
Southeast Asia
Andreas Neef*
ABSTRACT Coase (1960) also argued that the absence of clearly defined
Studies on land tenure and soil conservation usually property rights inevitably leads to degradation of soils and
emphasize a mono-directional relationship between other natural resources. The general interpretation of these
tenure security and adoption of soil conservation theorems from the 1960s onwards was that collectively
measures. It is stated that increased tenure security will owned property was the culprit for forest destruction, land
lead to better land management practices. However, the degradation, and water pollution and that private property
fact that the adoption of conservation measures can was crucial to sustaining natural resources. However, the
increase farmers’ tenure security is often neglected. fact that the adoption of soil conservation measures like
Drawing on empirical research in West Africa and agroforestry systems and the planting of perennial crops can
Southeast Asia, the aim of this paper is twofold: (1) to increase tenure security of smallholders is often neglected by
examine the impact of land tenure on the adoption of soil both researchers and development practitioners. The
conservation measures; and (2) to determine the following case studies are based on intensive field surveys in
influence of long-term investments on tenure security. West Africa and Southeast Asia.
The study is based on both quantitative and qualitative
research. Data was analyzed by parametric and non- METHODOLOGY
parametric tests and by descriptive statistical tools. In Southern Benin and Southwest Niger, 190 farm
Research results from Benin and Niger suggested that households were investigated from 1993-1995 by the author
tenure security of certain rural dwellers, especially of using standardized questionnaires. The head of the
women, tenants and pastoralists, is limited by both household and all members of the family cultivating
customary land rights systems and state legislation. As individual fields were interviewed. Additional qualitative
tree planting is regarded as a mark of ownership rights, information on the evolution of land tenure systems was
customary tenure does not allow non-owners to plant obtained by semi-structured interviews with district and
trees, which is an important constraint for the village chiefs, and groups of elder people. Results from
introduction of agroforestry systems. Vietnam are based on a literature review and semi-structured
The case studies from Southeast Asia showed interviews with key persons, such as village headmen, party
different results. Minority farmers in Northern secretaries and cadastral officers, in two northern provinces.
Thailand, where agriculture is in conflict with the The case study of Northern Thailand was done by a
government’s reforestation policy, reacted to increasing postgraduate student in 1997/98 under the author’s
tenure insecurity by planting fruit trees, by converting supervision in the framework of an interdisciplinary study
rainfed land into paddy fields, and by applying erosion project in two watershed areas in the ‘Golden Triangle’. The
control measures. Similar processes could be observed in student interviewed the heads of 60 farm households by
mountainous regions of Vietnam where farmers adopted means of semi-standardized questionnaires. Quantitative
soil conservation practices mainly to obtain long-term data was analyzed with descriptive statistical tools and by
land use certificates. means of parametric and non-parametric tests.

INTRODUCTION THE CASE OF WEST AFRICA

There is increasing evidence that property rights regimes Land tenure & land policy in Benin & Niger
play a central role in the use and management of natural Land tenure systems in Niger evolved in pre-colonial
resources. Many environmental problems such as soil periods under the following conditions: due to a moderate
degradation and forest depletion can be characterized as a population density, land for agricultural use was abundant.
result of incomplete, inconsistent, or non-enforced property Consequently, the practice of shifting cultivation was the
rights (Bromley and Cernea, 1989; Wachter, 1992). Hardin most adapted and prevalent farming system. Control of labor
(1968) argues that where property regimes are non-existent, was much more important than control of land. A closely-
natural resources are prone to overexploitation because the knit social structure formed by clans, lineages, and extended
costs of off-site impacts, such as water pollution or families had developed over hundreds of years. The
overgrazing pastures, are borne by the community as a predominant production objective was to cover the
whole, but the potential benefits accrue to the individual. requirements of the village community. Land was not only a

*Institute of Agricultural Economics and Social Sciences in the Tropics and Subtropics, Hohenheim University (490 A), 70593 Stuttgart,
Germany. Phone: +49-711-459 2548; Fax: +49-711-459 2582; e-mail: [email protected]
factor of production but also an inheritance from the Impact of land tenure on resource management and
ancestors and an object of cultic veneration. This explains erosion control in Niger
the principle of land inalienability, meaning that land cannot Soil and water conservation measures and techniques to
be sold. "Property rights" were vested in the group while the restore soil fertility are considered as a necessary condition
individual has only use rights. His legal status was to preserve the life basis of the majority of the rural
exclusively derived from his membership to a certain group. population of Niger in the long run (Gorse and Steeds, 1987;
In rural societies of Southwest Niger, land distribution Toulmin, 1991; Rochette, 1988). A technique that is very
has been the task of the village chief who is the descendant efficient for fighting wind erosion and to improving soil
of the person having cleared land first. He allocates land fertility is the spreading of crop residues (in particular millet
depending on the demands and working capacities of the stalks) on the harvested fields (Bationo and Mokwunye,
different families. While indigenous families occupy the 1991; Buerkert, 1995). A necessary precondition for the
most fertile places around the village, immigrants are given application of this method are exclusive and permanent use
plots in the outer circle of the village territory. These have to rights of the farmer on his fields. In Niger, however, these
give a small share of the harvest as a symbolic rent to the use rights are limited to the cropping period. During the
village chief or the respective landowners. harvesting of the millet or sorghum fields, the farmer can
Increasing land pressure and influence of urban centers collect stalks for construction or animal feed. If a resource-
on rural areas induce the individualization of land tenure poor farmer does not have enough crop residues for his own
which is especially enforced in regions with a major share of needs, he can ask for the permission to collect stalks from
perennial crops as in the oil palm region of Southern Benin. the fields of other farmers who can not refuse due to social
Moreover, social norms such as the inalienability of land and custom. When all crops are harvested, the remaining crop
the legitimacy of ‘traditional’ authorities are coming under residues become public goods. They can be used by all
increasing scrutiny. In peri-urban areas, land markets are villagers and by pastoralists passing by with their animals.
monopolized by urban purchasers whose interest is less in The establishment of windbreaks faces similar problems.
making productive use of the land and more in speculation The prohibition of tree planting was already discussed in the
or risk insurance. Many of these newly acquired plots are case of Benin. In addition, if agricultural fields are used as
then leased to tenants. pastures by herds of pastoralists during the dry season, the
protection of tree and bush seedlings is nearly impossible.
Impact of land tenure on land use systems and soil The only possibility to prevent animals from destroying new
conservation in Benin plantations is to construct fences, which is both labor- and
Non-owners in local land tenure systems face severe capital-intensive and therefore exclusively done to protect
restrictions as regards their land use practices. For example, commercial fruit trees with high economic returns, such as
tenants are not allowed to plant trees or other perennials mango. Thus, it is not surprising that on less than five per
because trees are used as a mark of ownership rights. cent of all fields cultivated by landowners erosion control
Moreover, because rental contracts are informally arranged, measures such as spreading of crop residues and
and contract periods are relatively short, tenants lack the establishment of windbreaks were applied (Table 2). Not one
incentives to make long-term investments and cultivate the single field cultivated by a non-owner was actively protected
rented fields in a sustainable way. The willingness to invest against erosion.
in the long run is significantly higher on operated-owner Mineral fertilizer consumption in Niger is the lowest in
fields than on leased, borrowed, or pledged fields with only the world and amounts to only 0.3 kg of plant nutrients per
medium or short-term use rights. This is particularly evident hectare on average (World Bank, 1997). The most important
in the incidence of tree planting. In this survey, land owners way of restoring soil nutrients is the application of animal
planted more than 200 trees per hectare on average, while manure either by transporting it from the animal compound
the number of trees per hectare on non owner-operated fields to the field or by fixing corralling contracts during the dry
with medium and with short-term use rights were only 26 season with pastoralists who are paid in cash or in kind. In
and 6.3 respectively. the latter case, the animals stay overnight in a corral on the
In Southern Benin, the share of land cultivated by non- farmer’s field in order to fertilize it. The corral is regularly
owners in the total area is steadily increasing with growing moved so that the whole field benefits from the manure.
population pressure and influence of urban dwellers on rural Evidence from Niger suggests that these fields receive 5 to
land markets. This implies that with growing demand for the 13 times more manure than average village land (Hiernaux
promotion of sustainable land use systems (e.g., agroforestry et al., 1997). Many pastoralists use these contracts as a
practices, perennial cropping), the potential for their trump in case of land conflicts (Loofboro-Hasley, 1994) and
introduction declines (Neef and Heidhues, 1994). as a strategy to obtain and secure permanent land use rights
In addition to increasing land scarcity, unregulated land from private landowners or local leaders (Neef, 1997).
markets have escalated conflicts of land property rights in The majority of the landowners as well as tenants with
Southern Benin. Land use conflicts raise social costs in rural medium-term use rights (six years and more) use animal
areas and hamper the application of long-term soil manure to improve soil fertility (Table 3). No significant
amendments (Table 1). differences between these two groups could be found,
whereas non-owners with short-term use rights (less than six
years) used animal manure to a significantly lesser extent
Table 1. Influence of land use conflicts on the use of long-term soil amendments in the study regions of Southern Benin.
Fields with land use conflicts Fields without land use conflicts
Use of long-term soil amendments1 0.0% (0) 20.4% (56)
No use of long-term soil amendments 100.0% (11) 79.6% (218)
Total land area with annual
100.0% (11) 100.0% (274)
and biannual crops
Median-Test Chi-square = 2.7979 p-level=0.0944+
1
Clearing without burning; mulching; improved rotation

Table 2. Influence of land rights on the application of erosion control measures in rainfed farming in
Southwest Niger.
Owner-operated Non owner-operated fields
fields
Application of erosion control measures1 4.3% (5) 0.0% (0)
No application of erosion control measures 95.7% (130) 100.0% (122)
Total cultivated area 100.0% (135) 100.0% (122)
Chi-Square =
Median-Test p-level=0.0318*
4.61
1
Crop residues, windbreaks

Table 3. Influence of type and duration of land rights on the use of animal manure in rainfed farming in Southwest Niger.
Owner-operated fields with Non owner-operated fields Non owner-operated fields
long-term property rights with medium-term use rights with short-term use rights
Use of animal manure 51.9% (70) 53.2% (41) 26.7% (12)
No use of animal manure 48.1% (65) 46.8% (36) 73.3% (33)
Total land area with annual
and biannual crops 100.0% (135) 100.0% (77) 100.0% (45)
Kruskal-Wallis-Test H(2, N=257)=9.82 p-level=0.0074**

Table 4. Tenure status of different land use systems in Song Da watershed, Son La province,
northwestern Vietnam. From SFDP, 1994.
Valley based systems Upland based systems
Paddy based Diversified system Medium altitudes High altitudes
Land tenure status system (paddy/others) (< 800 masl) (> 800 masl)
Land use certificate/ 48% 66% 25% 5%
permitted tenure
Without permits 51% 34% 73% 95%
Rented 1% 2% 2% 0%

than the other two groups. Some of them feared that the permanent agricultural practices or to be moved out from
landowner would reclaim the land back if he noticed that fragile highland areas.
soil fertility was improved.
Land reform in Vietnam and long-term investments
THE CASE OF SOUTHEAST ASIA in soil conservation
For the last 30 years government policies towards ethnic Land tenure and land policy in Vietnam
minorities living in erosion-prone highland areas of Northern Recent land allocation policy in Vietnam has evolved
Thailand and Northern Vietnam have been led by top-down through three main reforms all directed towards greater
approaches following the concept that minorities are a threat individualized land ownership and control. Firstly, the
to both natural resources and national security and have to Directive 100 in 1981 initiated a first stage in devolution of
be encouraged to settle in ‘fixed’ villages and to adopt responsibility for production to farm households. Secondly,
Resolution 10 in 1988 led to a large-scale decollectivization minority people are directly disadvantaged by being forced
in most parts of the country (Tran Thi Van Anh and Nguyen to give up their extensive agricultural practices with long
Manh Huan, 1995). The third stage, initiated in 1993, has fallow cycles due to lack of land resources. For the Dao, the
allocated land use rights to farm households providing long- shift from slash and burn agriculture to permanent
term security for agricultural activities (Dao The Tuan, agriculture has led to immense problems of adjustment in
1995; Rambo et al., 1995). The 1993 Land Law, based on farming systems (Mellac, 1997).
the principles of the 1992 Constitution, guarantees to For some years, local scientists have been promoting
farmers long-term use rights for a period of 20 years (for agroforestry systems against erosion in sloping land. Most of
annual crops and aquaculture) to 50 years (for forest and the agroforestry systems currently promoted in Bac Kan
perennial crops). In the first five years of implementation of Province follow the patterns of Sloping Agricultural Land
this law, Red Book Certificates by which these leases are Technology (SALT) created by the Mindanao Baptist Rural
confirmed, have been distributed mainly in urban centers Life Center in the Philippines. Although Dao minority
and in the main lowland rice growing areas. Ethnic farmers did not perceive soil erosion to be a major problem
minorities in the uplands appear to be last in line to obtain in this region, they adopted the new system to demonstrate
formal land use rights (Wandel, 1997; Kirchmann and Neef, their willingness to practice ‘conservation farming’.
1999). However, they did not use the stalks and leaves of the
bushes to improve soil fertility and stop erosion in the
uplands, as recommended by extension workers, but carried
Table 5. Strategies of farmers to secure land rights in two the mulch to their lowland paddy fields to improve rice
villages situated in a reforestation area of Northern Thailand yields.
(sample of 30 households per village). Data from Knuepfer, In summarizing experiences from Montane Mainland of
1997. Southeast Asia (MMSEA) Rerkasem and Rerkasem (1998)
Strategies to secure land use rights Respondents conclude that “preventing soil erosion has never been found
(%) to be among the farmer’s primary land use objectives” (p.
Planting of fruit trees 85 1328). Thus, soil and water conservation practices often
serve functions that are not taken into account of by
Planting of other perennial crops (e.g. tea) 15 government agencies. Farmers in Cho Don District, Bac Kan
Converting rainfed fields into paddy fields 22 Province, stated that they adopt soil conservation to secure
their long-term land use rights. In this area, the adoption of
Abandoning fallow systems 22
soil conservation measures were often a precondition to
Applying erosion control measures 13 obtain land use certificates in sloping land.
Construction of fences 8
Farmers’ responses to forest policy in Northern
Thailand
Land tenure and forest policy in Northern Thailand
Securing access to land use certificates by adopting In the highlands of Northern Thailand, agriculture is in
soil conservation measures conflict with government interests as many ethnic minority
Research in particular upland areas by Rambo and Le villages are located in areas that have been declared as forest
Trong Cuc (1995), Bergeret (1995), Hirsch and Nguyen Viet reserves, watershed areas and wildlife sanctuaries. Many
Thinh (1996) and Mellac (1997) all indicate that land ethnic minority villages are currently facing problems of
allocation processes in the uplands often lack transparency land insecurity due to extensive reforestation activities of the
and provoke inequalities among ethnic minority groups and Royal Forest Department, which started in the late 1980s to
between individuals. This is confirmed by interviews with early 1990s. As a consequence, many villages lost
key persons (village headmen, party secretaries, cadastral considerable parts of their farmland. Additional pressure
officers) in various villages of Yen Chau district, Son La comes from high birth rates and continuing immigration
Province as well as Ba Bê district, and Cho Don district, Bac from neighboring countries. Along with growing market
Kan Province carried out by the author from 1997-1999. influences through improvements in infrastructure, this
In Son La Province the implementation of the land induced considerable changes in agricultural land use
allocation process has been initiated in the valleys rather patterns (Turkelboom et al. 1995).
than in the uplands (Table 4). Thus, the Black Thai who
occupy most of the paddy rice area have been favored by the Strategies of farmers to prevent land claims by
land allocation process, whereas land tenure of the majority forest authorities
of the Hmong cultivating exclusively the high altitudes The responses of farmers in Mae Chan and Mae Salong
remains without any legal status. Similar processes can be watershed, Chiang Rai province, to increasing land
observed in Cho Don District, Bac Kan Province, where insecurity caused by reforestation activities were manifold.
long-established Tay families who hold the political and The most common strategy was planting fruit trees or tea, as
administrative power control both the redistribution of it was generally believed that forest agents would not claim
lowland paddy fields as well as the allocation of sloping land that has already been planted with fruit trees and other
lands and forest areas. Thus, the Kinh and especially the Dao perennial crops. Similar to the West African case, trees were
seen as a mark of ownership. Another strategy was the ACKNOWLEDGEMENTS
conversion of rainfed land into paddy fields. Wet rice The financial assistance of the Deutsche
cultivation on terraced land is regarded as a sustainable Forschungsgemeinschaft (DFG), the German Academic
agricultural practice and supposed to protect farmland from Exchange Service (DAAD), and the Eiselen-Foundation,
claims of the Royal Forest Department. The same applies for Ulm, in carrying out the field research is gratefully
the use of contour lines and hedgerows, even if the farmers acknowledged.
cannot see any direct economic benefit from these measures.
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