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Federalism and Land
Ownership
By: Ibrahim Ahmad
Updated September
06, 2007
Federalism as a political system is
designed to solve identity based cultural conflicts including determining bonafide owners of a particular land according to
existing customs and traditions. It is a political system well suited to address
challenges related to cultural, linguistic, religious and ethnic differences
between peoples who by accident or design happen to share the same destiny. Eritrea is a nation created by
accident, not design. The Italians curved portions of three distinct
civilizations or cultures into one heterogeneous nation called Eritrea.
Eritreans have failed in the past and present
history to form a single national identity that represents the three unique
cultural identities. The fact that Eritreans failed
to agree on independence from the British Administration in the middle of the
last century, for instance, is a testimony to their acute cultural, religious
and ethnic differences. Therefore, the logical political solution that can provide
a peaceful coexistence under a united national government can only be
envisioned under a federal form of government that recognizes the three
national identities, each with an autonomous authority over its own
historical land. Land redistribution based on a particular formula to affect
demographical change is unsustainable and a source of future conflict. .
The volatility
of the land ownership issue in Eritrea has been exasperated by
the current government’s passage of a land proclamation in 1994 that gave the
exclusive ownership of the land to the government. This proclamation has been
decorated by promises that all citizens are guaranteed the right of access to
the land through usufruct or lease with a special government permission. Nevertheless,
the government’s disregard for the right of the indigenous pastoralist of the
lowland region in favor of the peasants is clearly
political in nature. The crafting of laws to resettle populations from an
overcrowded region into spacious fertile lands of another region under the
pretext of equal opportunity and equal rights rhetoric is profoundly divisive,
and is intended to effect demographic changes for the benefit of one group
over the other. Federalism rejects the notion of passing unilateral laws
without the consent of the people affected by those laws. Furthermore, the
principle of federalism delegates land use and development matters to the states.
The individual state possesses the prerogative to determine land ownership
claims by its residents in consistency with the traditional and legal land
ownership practices. It is therefore, the duty of the inhabitants of the
particular region and their democratically elected representatives to pass
laws that fairly determine the fate of private and communal land ownership. The federal government may have jurisdiction
over land designated as federal land reserved for national use such as defense and national parks. In any case, the federal and
state governments are obligated by law to provide due process rights to all
citizens. They are legally prevented from acting to deprive people of their
property. The dispossession of the
pastoralists from their historical lands according to the so-called land
proclamation of 94 would therefore be considered an illegal act of government
in view of a federal system of government. This is particularly indefensible
if it is evident that the legislation is discriminatory against the
traditions and customs of the indigenous population of a particular area of
the country.
Traditionally,
land tenure in Eritrea
is classified into three forms of ownership; private land or Risti, communal land or Dessa
belonging to village communities and communal pastoral land used
traditionally as a grazing area. The Risti and Dessa forms of ownership were mainly practiced in the
Southern highland region, while the communal pastoral land was mainly
practiced in the lowland region. Consequently, the land proclamation maintains the status quo in the Risti
and Dessa regions with minor government paper work
requirement, while takes over the vast farm and grazing lands of the western
lowlands to resettle immigrants from the highland region to establish a
foothold on a new frontier. This is done despite the objections of the local
indigenous pastoral communities. It has been reported that some of these
farming settlements have been armed by the government (Nharnet, 2004) to impose its illegal policies. The government intention to resettle
landless refugees, former fighters and peasants from the southern highland
region in the pastoral lowland region raises the chance of political conflict
(Joireman, 1996) between the indigenous people and the
migrants. A federal system of government rejects the notion of land
confiscation under the pretext of land reform without the consent of the
public. Federalism will resolve
all injustice including illegal land acquisition peacefully when possible, through
comprehensive fair legislation conducted according to the democratic
process.
The
irresponsible action of acquiring historical land without the consent of its
owners is not only illegal it is counterproductive. The preservation of the
traditional land tenure system has always been a deciding factor in the use
or abuse of the land and its resources. Landowners who lack confidence in
their property rights have little incentive to invest in or improve their
property. For instance, research shows that Sumatran rubber tapers with
short-term leases tend to overexploit their rubber trees, compared to permanent
owners, in order to increase short-term returns (Suyanto
et al. 2001:1). Therefore, it is conceivable that the new settlers will abuse
the land to the extent possible, as they know that they are not the legal
owners of the land. Such interference with property ownership rights leads to
misuse and exploitation of the resources of the land. The legal owners, on
the other hand, have a vested interest in maintaining the land in a sound
environmental manner by preserving its natural habitat of trees, birds, water
streams, mountains and valleys. They are cognizant of the priceless of their
land. They are the stewards of that piece of land on earth. .
It is
clear from the relentless effort of the opponents that they are determined to
disregard all reasonable accommodations for the interest of the indigenous people
of the western lowland, the mid and northern highland and the eastern coastal
regions; they have passed the so-called mother-tongue laws to marginalize the
role of the Arabic language, they have forcefully assimilated the captive
population into an alien culture, they passed laws to deprive our people of
their ancestral lands and heritage, they have disregarded our customs,
cultures and traditions. All these selected and targeted practices are being
performed on the innocent indigenous people who sacrificed so dearly to enjoy
the taste of freedom, peace and happiness, while the so-called opposition
groups shuttle between capitals. It is indeed a testing time for our people.
It is time of testing the will, the determination, the patience, the resilience,
the strength, and the courage of the people. We know we will overcome all
these trials and tribulations. We have
a rich culture of resistance to those who deprive our people of their land, cultural
and identity. We must revive that tradition of resistance once again. It is
in our nature to rise against tyrants. We must rise again. We must also understand
that given the makeup of our society, federalism is the most suitable
political system available that can allow us to reclaim our lawful territory,
language, culture, customs, traditions, and identity.
Works Cited
Castellani, L. G. (2000, June). Recent
Developments in Land Tenure Law in Eritrea,
Horn Of Africa. Retrieved August 17,
2007, from http://www.terrafirma.co.mz/downloads/Eritrean%20Land%20Law.pdf
Joireman, S. F. (1996). Eritrea:The minefield of land
reform. African Affairs, 95 , pp. 269-285.
Nharnet. (2004, 3). Nharnet. Retrieved 08 21,
2007, from Land: major issue of our immediate future: http://nharnet.com/Archives/Arch_2004/March_04/land_031104.htm
World-Resources. (2002-2004). How we decide and
who gets to decide often determines what we decide. Retrieved 09 07,
2007, from http://pdf.wri.org/wr2002fulltxt_001-022_chap01.pdf
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