The challenges of legal recognition of agropastoralists' land rights in Madagascar
Oginot Germier Manasoa, Perrine Burnod, Claudine Ramiarison, Jean Patrick Ranjatson, Rebecca MClain
In northwestern Madagascar, community land, some of which is used for extensive cattle rearing, is currently subject to increasing competition between users. However, the situation of community land and the local rights-holders remain on the fringes of the legal recognition mechanisms of the current Land Law Reform. By default, the pasturelands are considered to be owned and managed by the State. Thus, with the aim of contributing to the debate on the forthcoming law on community land in Madagascar, this paper analyses the methods of land governance and land tenure security used in large pasturelands by agropastoralists and all users. It is based on a study carried out in 2022-2023 and is backed up by 250 qualitative interviews in 4 pasturelands in the northwest of the country. Our results reveal that the pasturelands studied are similar to unconventional commons in the Ostromian sense. They are under the authority of “big agropastoralists”. In addition to the agropastoralist collectives, other authorities also regulate access to pasturelandsresources (Protected Area, State forestry service, resource management association, etc.). In this situation of polycentric governance, the interplay of these different bodies and the entry of third parties (companies, NGOs, migrants, etc.) can undermine agropastoralists' land rights (rights of use, management, alienation and decision-making powers). Faced with these situations, agropastoralists often adopt three main strategies: entering into negotiations, ignoring bans or opposing them with fire. These approaches are not without risk and can lead to a considerable loss of agropastoralists' rights and powers over land. The challenge is therefore to create legal tools that are accessible to the populations concerned, adapted to areas with multiple, evolving resources and governed by groups with blurred boundaries.
Event: World Bank Land Conference 2024 - Washington
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