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| Turkana Tree Rights, Issues of Natural Resource Management and Policy Potentials and Conflicts - Turkana Silvo-Pastoral System of Kenya |
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Reference |
| Barrow, Edmund G C; 1991 "Turkana Tree Rights, Issues of Natural Resource Management and Policy Potentials and Conflicts (Draft) |
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Introduction to the Institution |
| Usufruct rights to trees(Ekwar) in the Turkana silvo-pastoral system of Kenya are an important aspect of natural resource management, especially in the drier central parts.Turkana is a semi-arid and arid district situated in Northern Kenya with a population of about 225,000 people.This system makes best use of the vegetation through a transhumant system of wet and dry season grazing combined with the setting aside of specific dry season grazing reserves.Therefore the Ekwar system includes wet and dry season grazing combined with reserved grazing areas (Epaka, Amaire) and dry season fodder reserves (Ekwar)
Simultaneously there exists a customary rule "Adakar" based on the grazing associations of the Turkana particularly related to the usage of trees in dry season grazing reserves (group rights), however at present such a system is not allowed under the influence of the government
Ekwar: An "Ekwar" is associated with the ownership of the trees (more particularly their produce) beside or near a river or lake.In dry season a person's Ekwar provides the family with dry season fodder in the form of pods and leaves of various trees in their Ekwar, and in particular Acacia tortilis.The produce from the Ekwar belongs to the owner and no one else can use it unless by prior arrangement and agreement.Thus an Ekwar can be related to customary ownership of, or usufruct rights to a certain area of land (refer figure in pg.28)
Some of the tree species which are identified as locally important species are:Acacia tortilis, Cordia sinensis, Salvadora persica, Hyphaena compressa and Zizyphus mauritiana |
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Coverage of the Institution |
| Such usufruct rights of trees are not unique to the Turkana situation, it may have evolved in other places also ( according to the text) |
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Rules for Management
of the Institution |
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(a) Boundary Rules |
| Spatial: Turkana district covers an area of 72, 000 sq.km with a low and variable rainfall, varying from 150 to 200 mm in the dry central areas to over 400 mm in the south.The district is bordered on the east by lake Turkana, on the west by the Ugandan escarpment, on the north by the boundaries of Sudan and Ethiopia, and on the south by West Pokol and Baringo districts of Kenya.The topography consists of low lying central plains (600 metres), close to hills and mountains (1800-3100 metres).There are numerous ephemeral streams, the two important river being Turkwell and Kerio.
Social: In the drier parts the herd owner within their "Ere"or area of permanent settlement where old and young stocks may remain all year around, may have ownership rights to particular resources which may include fodder, trees, dry season wells and Sorghum gardens. These resources are owned by the herdowner and his own family relatives.Outsiders are not allowed to use them without prior permission
The importance of hill areas, as dry season fodder reserves are recognized in terms of the grazing group which has rules and regulations governing their usage.The Loima mist forest being the most important of the dry season grazing reserves in the district
There is fair degree of flexibility in Ekwar ownership rights.If an Ekwar owner is absent for a period of time and not using the produce of his Ekwar, it is likely that someone else will take over his Ekwar so that the produce of the Ekwar can be used efficiently.Such flexibility of Ekwar ownership represents method to reduce risk and make the production system more sustainable
Property ownership in Turkana whether it be land, trees or livestock is not definite, it is rather a claim which a person may always be ready to defend.If a person is not able to protect the trees he has fenced or if nobody is willing to support his interest than others may ignore the enclosure and collect fruits (Storas 1987). Thus in the same way as relationships to people are necessary to get access to land, they are also essential to protect use of land.
Likewise,confrontation in land disputes is not always between insiders and outsiders but can be amongst closer family also |
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(b) Governance
rules |
| Not clearly reported in the text |
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(c) Resource Allocation |
| The Woody vegetation of the district constitutes the most valuable resource and within that the Turkwell riverine forest and the Loima mist forest are the most important.The Turkana people to a large extent are dependant on the woody vegetation in the following way:
a)dry timber for woodfuel and charcoal
b)building timber for houses, fencing and thatching
c)food for livestock particularly in the dry season
d)Wild fruits and foods for people
e)Veterinary medicines for a variety of livestock diseases
f)Human medicines for a variety of diseases
g)making of household utensils
h)Amenity for shade to act as a meeting place
i)Variety of cultural values, water purification, ceremonial etc.
The importance of access to natural resources is often judged according to the relative abundance of that resource.Therefore where the resource is relatively abundant, problems of access is less acute. |
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Conflict Resolution Mechanism |
| Not reported in the text |
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Problems Faced by Institution |
| The system is under pressure due to the increasing number and size of settlements in the districts, particularly Lodwar, Katilu and Kalakol. but although there is pressure on the riverine forest in the settled areas, there is as yet very little actual depletion of the trees There is also increasing govt. pressure to gazette Loima as a national forestry reserve under the Forestry Act. |
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Other Features of Institution |
| Ekwar is based on the owners ability to use his Ekwar over time and his social network to support his rights.These social ties are the basis for Turkana land management (grazing, Ekwar ownership and browse utilization). However there are often confrontations in the traditional Ekwar system, since such rights are not often clear cut and these are usually brought before the elders for settlement |
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Purpose |
| To manage usufruct rights to trees in Turkana as part of natural resource management |
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Country |
| Kenya (Nairobi) |
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Region |
| Turkana |
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Date Of Publication |
| RS-13/04/96 |
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