Stephen Moiko ILRI and McGill University,

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1 Stephen Moiko ILRI and McGill University, Conservation and Land Grabbing: Part of the Problem or Part of the Solution? 26 27th March 2013 The Mappin Pavillion, London Zoo International Institute for Environment and Development, International Land Coalition, Maliasili Initiatives and Zoological Society of London

2 Kenya s Rangelands: Some Highlights

3 WILKENYA LAND COVER Kenya drylands make up 84 percent of the country s total land surface. The drylands support the livelihoods of about 9.9 million people, or approximately 34 percent of the country s population. MAJOR ECOSYSTEM TYPES Forest Bush- and woodland Cropland Savanna and grassland Bare areas Urban areas I LRI Water bodies

4 WILWILDLIFE DENSITIES IN RANGELANDS The drylands boast of about 75% of the country s wildlife population and account for about 80% of tourism revenue. Around 8% of Kenya s surface area is at present listed as protected conservation estate, (excluding marine parks and reserves.) It is further estimated that 92% of these protected parks and reserves, and 50% of gazzetted forests are found in the drylands zones. ILRI WILDLIFE DENSITY (tropical livestock unit per sq. km) > No observation of animals Non-rangeland areas or no data OTHER FEATURES District boundaries Major national parks and reserves (over 5,000 ha) Water bodies

5 High levels of poverty exist among populations inhabiting the wildlife-rich drylands There exist opportunities for Conservation to help alleviate poverty in drylands Wildlife Density in 1990s Poverty Rate in 1999 WILDLIFE DENSITY (tropical livestock unit per sq. km) > No observation of wildlife No data OTHER FEATURES District boundaries National parks and reserves Water bodies POVERTY RATE (percent of the population below the poverty line) > <= 35 No data Data calculated by Constituency OTHER FEATURES District boundaries Constituency boundaries Selected national parks and reserves Water bodies Source: WRI, ILRI, DRSRS, CBS 2007

6 Overview On Kenya Land Tenure There were extensive land losses in the colonial period---land for colonial settlers; Independence fought for on the basis of the land question. Intense competition for access and control of the land resource in Kenya- especially in the arable regions (20%). Land issues often lead to episodes of ethnic conflict. Extensive land reforms were adopted after independence to address the land problem The reforms largely adopted a capitalistic model of property rights Privatization and individuation, except in Rangelands where individuation was not feasible. The reforms never completely addressed the problem of inequity in land access; political and economic elite benefitted. There exists a significant landless population. Kenya Land Tenure: The Legal Framework a) Old Constitution 1963 Freehold holdings Makes up about 20% of the country s land and is held either individually or collectively. Collective freeholds include community Group Ranches. Government land. Approximately 10% of Kenya s land is under government ownership (gazzetted forests, protected areas and reserves, rivers, and any land occupied by government. Trust lands. The balance of land holdings (70%) is trust land. All native reserves ; held by county councils for the benefit of resident communities mainly in Rangelands.

7 b) New Constitution (2010) and New Land Laws The New Constitution vests ownership of land to the people: all land in Kenya belongs to the people collectively as a nation, communities and individuals. Foreigners can not own land, but they can obtain leases not exceeding 99 years. Categories of Land under new Constitution 1. Public land All land unalienated by the Government, used or occupied by State organs, land which no individual or community ownership can be established, land with minerals and oils, and all gazzetted protected areas. Public land will be held in trust for the people by government and administered on their behalf by the National Land Commission. 2. Community land Community land will be held by communities on the basis of ethnicity, culture or similar interest. Community land comprises land registered in the name of group representatives (Group Ranches), transferred to a specific community, and land held, managed or used by communities as community forests, grazing areas or shrines. Also ancestral lands and lands traditionally occupied by hunter gatherer communities. 3. Private land Private Land in Kenya consists of land held by a legal person under freehold tenure and leasehold tenure.

8 Conservation, Land Acquisitions and Land Tenure in Drylands Beginning from the onset of British colonial rule and progressing after independence, conservation objectives instigated a series of State land seizures, largely in drylands, for the creation of protected wildlife areas. In recent years, private enterprises and conservation agencies have emerged as principal drivers of conservation related land acquisitions in the drylands. Eland Dawns-Laikipia National Park (2011)-AWF and TNC. In response to the loss of biodiversity and increased poverty, some pastoral communities have since 1990s initiated schemes to supply wildlife habitat services. The lands and institutions that deliver such services are commonly referred to as Conservancies. A Conservancy involves the allocation of communal or individual owned land for wildlife conservation and wildlife tourism to generate financial and non-financial benefits directly or indirectly to landowners. These benefits can be provided by commercial tourist companies, conservation NGOs, and the wildlife and protected area agencies

9 Number of conservancies 40 Evolution of conservancies in the Kenya Rangelands Kilometers Numbers Cumulative Lodwar 5 4 Samburu Narok N Marsabit 3 Marsabit Laikipia 2 Kwale Kajiado Garissa Baringo Isiolo Nanyuki Garissa Narok Taita Taveta, Tana River Garissa Kajiado, 2.7 Laikipia, 17.1 Kwale, Samburu, 8.5 Marsabit, Baringo, Ratio between conservancies and PA Conservancies Established No data 2000s 1990s Narok NAIROBI I (humid) II (sub-humid) III (semi-humid) IV (semi-humid to semi-arid) V (semi-arid) VI (arid) VII (very arid) Mombasa

10 Case Study: Olkiramatian Group Ranch Located within the Maasai District of Kajiado, in the South Rift of Kenya. The Group Ranch was legally created in 1978, along many others, as a part of Land Reforms in Rangelands. The GR hosts more than 5,000 Pastoral Maasai families, jointly owning as registered members the 22,000 acres Group Ranch. Population is about 20,000 people. Olkiramatian is among the only 5 remaining intact Group Ranches in Kajiado District, all others (about 55) having disintegrated and undergone subdivision.

11 Institutional Resource Governance and Land Zoning in Olkiramatian GR Secure communal-private rights to community land (Group Ranch) have allowed for the emergence of a local level institutional framework and a resource governance system that has allowed the pastoral community to diversify into cultivation and provision of wildlife habitats (conservancy). The community has zoned the Group Ranch into three land use zones and created local institutional structures (committees) to govern them. Livestock Zone Cultivation Zone Conservation Zone 1) Livestock zone The zone comprises of largely open pasture plains, and makes up over 75% of the Group ranch s land. Livestock grazing within the zone is regulated by the Grazing committee, which sets migration dates in and out of the Zone. It uses cultural norms and sanctions to ensure conformity. While land in the Zone is communally owned, individual families can appropriate small pieces of land for use for special personal livestock needs. Most of the community s settlement are located within this Zone where livestock reside during the wet season.

12 2) The Conservation Zone (The Conservancy) Densely vegetated and harbors an extensive range of wildlife species. Recognizing its potential for community tourism, the group ranch set aside the zone for conservation and tourism. It has since managed to construct a community lodge, The Sampu lodge. The conservation zone doubles up as the traditional dry season pasture area for livestock. No permanent human settlement are allowed in this zone, but temporary settlements are setup in the dry season when livestock migrate. The setting aside of a huge chunk of land for conservation definitely has enormous opportunity costs to the community. The herders seem to tolerate the wildlife well, so long as they can access the area or dry season pasture. 3) Cultivation Zone Has permanent river water supply and can guarantee year round crop production. Cultivation plots are Individually held and cultivated, but farmers lack individual rights to sell or dispose them. The irrigation committee oversees and makes decisions regarding water distribution and the maintenance of irrigation canals. The agricultural zone is also an important source of dry season pasture; herders drive in their livestock to feed on crop stubbles during droughts.

13 Olkiramatian Land-Use Zones

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18 Conclusion The conservation enterprise in Olkiramatian provides a potential model for rangelands management. It shows that strengthened community land rights can form a secure foundation for sustainable management of rangelands resources including the conservation of wildlife. Realized Benefits include : Improved biodiversity conservation outcomes (increased wildlife numbers and vegetation (trees, shrubs and grass, reduced soil erosion-livestock grazing)). Creation of community tourism camp (the Sambu camp); a potential rich source of much needed revenue to the community for School bursaries, employment opportunities, etc. Improved livelihood resilience because of enhanced livestock grazing managementthe conservation zone as a dry season pasture bank. Increased community awareness of its land and resources and individual rights on them, hence improved security and vigilance of land rights. Exhibited in the high level of competition for leadership positions with management committees and for employment opportunities created by communal resources. Challenges (Noted) Despite high potential for conservation revenues, expected income benefits have not yet fully realized. The Sambu Lodge is yet to fully take off. Human-wildlife conflict (cultivated fields, livestock losses, human injury) Difficulties in making collective decisions---whole community must be involved.

19 THANK YOU!!