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SUMMARY Before independence, all land in the country was communal land. During the colonial rule land was apportioned into customary, crown land and freehold land to cater for the settler’s land needs as well. Over the years both crown land and freehold were converted to customary land moving from 49% in 1966 to about 72% now. After independence, crown land was converted into state land slightly changing the tenure system. Customary land was then allocated by Chiefs until 3 years later (1968) when the mandate was transferred to new more democratic institutions. In a situation where people co-exist with cattle, wildlife and lately the environment, there will be forever land use conflicts requiring effective land management principles. Botswana was alert to these conflicts on constant basis as demonstrated by policy interventions later in the discussion. However, as the country developed, new concepts of land use emerged due to cultural adjustments and change in tastes and preference. In this context, the emerging issues are rural poverty, land rights and land use planning. The issues have been the subject of debate in the last ten years and being addressed through policy reviews, guidelines and public education programmes. This paper discusses some of the issues and how they are being resolved. 1 1.00 INTRODUCTION The size of the country is approximately 580 000 square kilometers which is densely populated in the east and traversed by a desert in the west. The land tenure system comprises of customary (72%), state land (24%) and freehold being about 4%. At independence (1966), customary land was estimated at 49% and has increased progressively through conversion of state land and gradual acquisition and tribalisation of freehold farms. Indeed, the majority of our people in the rural areas survive on this tenure mostly through subsistence farming. At about the same time, Botswana was in the lowest band of the poorest countries in Africa and the dominant economic activity was agriculture with about 40% contribution to the Gross Domestic Product (GDP). However, as the country is well endowed with natural resources like minerals, wildlife and very limited fertile land for cultivation, the agricultural sector contribution to the GDP declined drastically to about 3% now. The economy was then propelled first by the mining sector and subsequently by the tourism industry. Further efforts were made to diversify the economy to other sectors like manufacturing and there are positive signs in that regard. Development planning aims to transform the structure and level of economic and social activities to achieve the goals that the country wants and values. The interaction of people, agriculture and wildlife brings about the friction of space which requires optimal decisions about limited resources but also issues of the environment. It is this friction of space that requires prudent land management principles and robust land policy is obviously paramount. There is the natural struggle for space; settlements encroach into fertile agricultural land, cattle ranching into wildlife management areas. Up until now, the friction is on communal land which is mistakenly regarded as reserve for future needs. These constitute real issues for policy consideration especially against the background of a country blighted by extreme dry weather conditions. As the economy progressed, various subordinate land related conflicts magnified calling for even a greater duty of care. The issues were mainly rural poverty, land use conflicts, degradation of the range land, individual land rights, land markets, affordability, transparency etc. The daunting task is to harmornise the right to space by all things within the limits of what nature can afford. If we can get the balance right on the conflicting interests, then the rest of the issues will be less cumbersome and this is the essence of our land policy. 2.00 MILESTONES IN BOTSWANA LAND POLICY 2.1.0 The management of land has been a priority for Botswana since independence as demonstrated by the legal, institutional and policy frameworks that were put in place. There has been a notable economic progress in this country which brought about new concepts in land 2 development, land rights and land management. The economic progress has inevitably led to the emergence of a number of land management issues that needed to be addressed. The relevance of some laws and structures became questionable. Our cultural, economic and social values influenced the direction of the land management system – it is only best if it serves the national aspirations. This is the basis of the past and continuing careful reviews of the land policy, albeit, along sectoral lines. The product of such an approach is the number of policy and legal documents that are now being discussed. 2.1.1 Tribal Land Act 1968 There can never have been a better time to relook at the administration of customary land which was by far the largest tenure. In the beginning, this land was administered and allocated at the Chiefs’ pleasure. To any society, the democratization of land management to enhance accountability and improve transparency to achieve equitable distribution is most desirable. Much as all people were entitled to land for residence, grazing and ploughing, some subjects were closer to the master than others and enjoyed some special favours. The Act, therefore, introduced Land Boards to manage this important resource and provided for procedures to be followed in managing such a resource. 2.1.2 White Paper No 2 of 1975: Tribal Grazing Land Policy. At independence, agriculture posed as the mainstay of the economy but lacked any strategic guidance. Almost every Motswana kept some lifestock at the cattle post and grazed communually. Any improvement on lifestock rearing would have a direct impact on the lifes of rural Botswana. The policy, therefore, sought to commercialise cattle ranching and, at the same time, improve management of range land by removing large herds of cattle from communal grazing. While it was expected that large cattle owners would relocate to commercial ranches and ease pressure on communal land, this did not happen. Some big farmers also had boreholes in communal land and there was no law that could now preclude them from dual grazing. It also became apparent that quality grazing land was limited and, therefore, the number of ranches created was also limited in numbers to address equity issues. 2.1.3 White Paper No.1 of 1985: National Land Tenure Policy “If it is not broken, why fix it”. In 1983, the nation wanted to be informed if the growing economy was being bottled by the tenure system and if any adjustments were necessary. The President appointed a Commission to look into the matter and in their wisdom, the Commissioners advised a careful change responding to particular needs with specific tenure innovations. Accordingly, the Policy provided for the amendment of the Tribal Land Act, 3 introduced common law leases to specific land use types, endorsed the operation of a transparent land allocation system together with issues of land accessibility and affordability especially to targeted groups of people. 2.1.4 White Paper No.1 of 1986: Wildlife Conservation Policy Tourism started haphazardly in the formative stage in the absence of regulatory mechanism which resulted mostly in over-utilisation. The objective of the policy was, therefore to encourage sustainable use and provide economic opportunities. It advocated for the recognition of the potential wildlife contribution to the wider economy in terms of its heritage and aesthetics value and hence calling for preparation of the tourism master plan to guide exploitation. 2.1.5 White Paper No.1 of 1990: Natural Conservation Policy The strategy was brought to sensitise the nation to the importance of conservation of the environment and to integrate environmental value with economic development. 2.1.6 White Paper No.2 of 1990: Tourism Policy. The policy was formulated to underscore the contribution of the tourism industry in the wider economy and encourage sustainable use and designation of commercial tourism activities as well as regulate such activities. The policy provided for the Community Based Natural Resources Management which is described as a major economic empowerment of the rural communities in poverty alleviation and employment creation. The programme stresses local ownership and capacity building through ecotourism so that local people have a stake in using the resources in a sustainable way. Further, the programme acknowledges that local communities living with wildlife, veld and forest resources are important custodians of their environment and those resources. Alongside this programme, the community based strategy for rural development and the national eco-tourism strategy were adopted. We are currently pushing the CBNRM Policy through Parliament. 2.1.7 White Paper No.1 of 1991: National Policy on Agricultural Development. The policy sought to improve agricultural production through provision of secure and productive environment for farmers. It provided for fencing boreholes in production zones and allocation of ranches to borehole owners. This was somewhat an extension of the Tribal Grazing Land Policy discussed above. 2.1.8 White Paper No.1 of 2000: National Housing Policy The policy sets the framework for the provision of housing to both the working population and the nation at large. Resources would be more directed towards the targeted groups to achieve the basic housing needs. 4 Provision of housing is considered as an instrument of economic empowerment and poverty alleviation. 2.1.9 White Paper No.1 of 2002: National Master Plan for Arable Agricultural and Dairy Development. The emphasis is on securing and preserving scarce agricultural land resources. Further, potential farmers would be identified and assisted with basic facilities to prop up agricultural development. 2.1.10 White Paper No.3 of 2002: Revised National Policy for Rural Development These policies sought to reduce poverty through the provision of opportunities for income generation and involvement of Batswana in economic development. Further, advocated for popular participation by citizens in the development planning and project implementation as a broad based strategy for rural development. These, together with others not discussed here, have served the nation well over a period of time. It is apparent, nevertheless, that some policies are bending to pressure and need to be adapted and made more relevant to the changing economic situation. There is currently a review of these policies with more emphasis on harmonization, modernization and consolidation. The overall objectives of the review are to: 3.0 (a) To ensure the protection and promotion of land rights. Factors that may compromise access to land rights such as market forces, gender, age, poverty or any that may hamper efforts towards such a protection would be addressed. (b) Improve the land allocation system of all land and make it predictable, transparent, reliable and consistent and timeous. (c) establish an up to date efficient and accessible land information management system and (d) Promote compatible and best use of land and sustainable use of other land related resources. EMERGING TRENDS With the passage of time, new issues emerged and could not adequately be addressed by the existing policy framework. The issues included illicit land dealings, equity in land distribution, land use conflicts, transfer of land rights and land degradation. It is on this basis that a comprehensive review of the land management framework was considered necessary. The selected recommendations cover five broad categories being land allocation, land rights and transfers, land management, communal land and land information 5 system. There is no decision on the recommendations as yet and only referenced as preferred policy principles. 3.1 Land Allocation Land is a fountain of life for all living species and the good management principle will facilitate access to land but limit the impact of cultural, economic and physical activities that sustain life. In rationing land according to demand, there is a greater call for a distributive mechanism that is fair, equitable and transparent. The system of first come first serve is espoused as most appropriate for residential land while all other non-residential uses are disposed of through a tendering system. The approach complies strictly with the Public Procurement and Asset Disposal Act which demands more transparency in disposal of public land. 3.1.1 Residential land Shelter is a basic human need and the government is committed to ensuring that each citizen is guaranted a house. This is achieved through different policy interventions but principally that the land cost is cushioned to be more affordable to all citizens. As it is, the Government is in control of the land delivery system and operates a graduated land pricing system such that the low income target group acquires land at subsidised prices whilst everybody else pays cost recovery at considerably less the market price. Other policy considerations are: to maintain the waiting list for residential and allocated on first come first serve basis To allocate a free customary grant to all citizens, charge subsidised prices for urban land to low income and only costs to other groups. Limit one customary grant to each eligible citizen and one state grant in urban centres but except on very special circumstances. All other additional land requirements would be obtained from the private market. 3.1.2 Non-Residential land Unlike residential land, businesses (trade, tourism or agriculture) denote ability to pay as it is resource intensive. There will be no harm, therefore, to ration the land through competition as a good proxy for demand. One of the hallmarks of competition is that the disposal mode should be transparent. The policy principle is, therefore, that there be: Competitive bidding as a measure of commitment but priority will be given to citizens. 6 As a diversification drive, some land be reserved for direct foreign investment and allocated on direct grant. Investment can either be direct or embrace local participation. The land so allocated cannot be converted to other uses with out first obtaining approval which may not be unreasonably withheld. The highlights of the land allocation system are that there is price reduction for residential land to all citizens and emphasis on citizen participation in business ventures. What needs to be addressed is uncontrolled land speculation by the very citizens being targeted for subsidies due to price arbitrage and may lead to landlessness. 3.2 Land Rights It is recognized and acknowledged that special segments of the society are marginalized on property rights. The policy advocates that such groups are provided with opportunities to ensure their inclusion in the economic development of their country through allocation of land. Such groups include women, ethic minorities, youth, orphans and the unemployed. 3.2.1 Women They constitute the majority of the rural population and the strength of the rural economy but their rights to land have been customarily subjected to male dominance. The current HIV/AIDs phenomenon has greatly increased the number of widows and orphans in the country. Some of these are compelled to lead households and yet access to their deceased husbands and parents properly has become a nightmare. Generally, women have been regarded as second class citizens to their husbands with regard to land rights. They have been precluded by custom to register their land rights when married. Often financial institutions demand authorization by husband when applying for loans. For a long time, land rights will be registered in the name of the husband even if such rights belong to a woman. However, there is now progress but much more needs to be done to restore optimality. 3.2.2 Youth The age of majority in this country is 21 years and it has been practice not to allocate land rights to people under the age of majority. The contradiction is that people can work and vote at elections below this age. When quizzed, some land authorities acknowledged that they have been allocating land below this age when the request was fully justified. The problem is that there is no consistency as other land authorities were not bending at all. The resolve is that land rights must be allocated below this age if it can be shown that the applicant would have the means to develop the land. 7 3.2.3 Ethnic Groups Some of our communities have lived wild for time in memorial mainly as hunters and gatherers but also in temporary small settlements. These people have lost out on economic opportunities particularly land rights. As such, they settle in communal land, and will forever have communal land rights while the rest of the people acquire exclusive rights. Much as controlled hunting and gathering may be sustainable, it is imperative that these people acquire title to land and are not squeezed at will by cattle ranching, wildlife management programmes and other economic activities. 3.2.4 Vulnerable groups The Government has long acknowledged the plight of the low income groups and established the Self Help Housing Agency (SHHA) to address the concerns of this target group. The programme started in urban centres by cushioning the cost of land and providing the building material loans. The programme has been rolled -out to the districts but because land is free there, it is more about building materials loan. The Government is reviewing the programme with the view to increasing the loan amount, repayment period and reducing the interest rate. The poverty alleviation programme was recently launched to address the concerns of the group below the SHHA threshold – unemployed. This involves providing logistical support – funding, equipment and supervision to identified groups who then manufacture building materials and generates income for the group. The income is then used to start-up housing projects by individual members. 3.3.0 Land Management Rapid economic and population growth creates land use conflicts like encroachment into arable land, arable into grazing and grazing into wildlife. The ultimate effect is unsustainable resource utilisation and environmental degradation. The principle would, therefore, be to put in place a management framework that strengthens the control without necessarily limiting the growth potential. The land management policy objectives would necessarily guide, particularly, rural development through land use planning, drive empowerment through decentralization, identify economic opportunities, define property rights and provide land information for decision making. The issues are being discussed though not in specific terms and it is believed that, if they are orderly harmonized, they can mitigate the impact of rural poverty in terms of job creation and income generation. 3.3.1 Land Use Planning There is continued rural urban migration in search of economic opportunities that put pressure on land and services. This is occasioned by development bias towards urban enclaves and, if you like, neglect of the rural land 8 especially infrastructure development. Planning, as a tool, can play an important role in directing rural development especially in building investor confidence. In order to enhance exploitation of natural resources, regional plans will be prepared to inventorise resources and suggest policies and strategies for their utilization. There is therefore a commitment to declare more villages as planning areas and bring developments under statutory control. 3.3.2 Agriculture Agriculture has been the baseline of the economy since independence which anchored subsistence living of the rural Batswana. The sector progressed from subsistence to commercial and there was need for a policy change to support the initiative. All citizens are entitled to a piece of land for cultivation and communal rights to grazing. There is, however, a widespread concern that good arable land is slowly taken away by settlements and some controls are now necessary. Commercial ranching on the other hand, started since the Tribal Grazing Land Policy in 1975 and more land is being identified to demarcate ranches under the new National Policy on Agricultural Development (NPAD). The concern on commercial ranching is lack of proper management capacity and the incidence of dual grazing. The recent agricultural policy is encouraging Batswana out in the districts to consider leasing their land/fields as a source of revenue or pooling their land together to attract government assistance and create production zones. These are inexpensive programmes that can improve the lives of the rural population. To give support to these initiatives, the government provided policy guidelines as: Presidential Directive CAB 1/1991 Fencing Policy Presidential Directive CAB 18/2001 Agricultural Infrastructure Development Initiative Presidential Directive CAB 1/2002 Protection of fertile agricultural land As good agricultural land is limited guidelines will be developed to guide on integrated farming and provide clarity in livestock, game and cultivation 3.3.3 Wildlife Management Wildlife Conservation Programmes currently occupy about 38% of the total land mass in the form of national parks, game reserves and wildlife management areas. Further, following the tourism master plan, concession areas were designated and allocated to investors and communities. These are important for conservation, empowerment and income generation. The policy intervention is that: 9 All tourism concession areas will be advertised to enhance transparency in land allocation. Communities around the concession areas will be mobilized and allocated under the Community Based Natural Resources Management Programme (CBNRM) Guidelines will be developed to guide the communities on the best resource conservation and utilization. 3.3.4 Communal Land This land is generally regarded as free for all causing a lot of congestion and rangeland degradation. The situation is worsened by the management vacuum which gives some people an advantage over the others. Communal land is, nevertheless, a survival platform for grazing, timber, firewood, thatching grass, herbs, hunting, gathering, and sand extraction etc to the majority of Batswana. Some effort was dedicated to creating structures that would ideally close on the management vacuum like: Indigenous Vegetation Project is currently studying a management structure to bring ownership of rangeland and its natural resources to communities in the area. This is more like the CBNRM programme discussed earlier except that this is management of indigenous vegetation for the rehabilitation of degraded rangelands. Communities will be given control for resource management and exploitation over the designated areas. There is a call for Community Based Property Rights to empower local communities to take control of the areas around them. This is a very old concept which worked quite well but abandoned where Land Boards were created. The advantage would be in policing the localities against unfair dealing especially dual grazing. 3.3.5 Land Information System A systematic reorganization of land parcels throughout the country is good for land management and a prerequisite for economic growth. For a long time, urban land records were satisfactorily organized albeit in a manual form because of robust cadastral system. Even then, information was based at source like cadastre will be available at Department of Surveys and Mapping, planning records at Department of Town and Regional Planning whilst ownership registers are vested with the Deeds Registry. There is ever greater demand for integration. The greatest deficit is the failure to record and capture the existing customary land rights in any systematic form. However, the Government is currently developing integrated land management systems for both tribal land (TLIMS) and state land (SLIMS) for the whole country. It is hoped that once the systems are developed, there will be easier integration through creating interfaces with cadastral and 10 mapping, planning, building controls, deeds registration and civil registration. 4.00 CONCLUSION The discussion paper highlighted the main issues that needed policy intervention. However, some remained and others are emerging in response to change in tastes and preferences. It will be observed that gender, youth and ethnicity arise due to cultural practice over a period of time and, therefore, the concerned groups can be redressed without any difficulty. Poverty reduction requires multi-pronged approach as it touches on deprivation, denial, economics and the regulatory framework. Some policy adjustments and programmes that were put in place by the Rural Development Policy, the National Agricultural Policy, the Community Based Resource Management Programmes and the Housing Policy are but some of the commendable components of good governance in respect to citizen empowerment. It is a sound economic theory that local resource endowment needs to be exploited in the local context to create growth poles with trickle down neighbourhood effects. It will be sad to allow exploitation of wildlife from elsewhere without meaningful local participation resulting in capital flight and reducing local communities to mere economic spectators. The regulatory framework should, nevertheless, be strengthened as otherwise uncontrolled exploitation does not lead to sustainable and optimal use. There is the propensity to consume more of one thing to extinction whilst all other resources are under-utilised. The best land management practice provide for aggressive local participation by strengthening individual land rights and match with the capital base for joint venture developments. This will assist in both skills and technology transfers to the local communities. References Tribal Land Act (1968) Botswana Government (1975): Tribal Grazing Land Policy Botswana Government (1985): Land Tenure Policy Botswana Government (1986): Wildlife Conservation Policy Botswana Government (1990): Natural Conservation Policy Botswana Government (1990): Tourism Policy Botswana Government (1991): National Policy on Agricultural Development Botswana Government (2000): National Housing Policy Botswana Government (2002): National Master Plan for Arable Agriculture and Dairy Development Botswana Government (2002): Revised National Policy for Rural Development Botswana Government (2003): Report on the Review of Botswana Land Policy 11 12