CASE STUDY OF PASTURE'S LAND TENURE IN KAZAKHSTAN
1. Introduction
Republic of Kazakhstan on the area of grounds (272,5 million. ha) takes the ninth place in a world and fifth place on the area of pastures (187,1 million. hа). The pasturable grounds take 67 % of territories of country that makes 81 % all agricultural grassland. 125 million. hа of pastures are arranged in arid zone, it is dry grounds, is gentle ensured (supplied) watercourse, with precipitations of the order of 100-300 mms per one year and temperature range is higher 30°С in the summer and below 25°С in the winter. Historically pasturable grounds were propulsion of a national economy and source of existence of the nomads, giving them nutrition, fuel, forage for cattle, medicinal plants etc.
Total population of republic is 14,8 million. the men: urban - 8,3 million. and agricultural - 6,5 million. the men. In 2005 the population held in an agriculture, has compounded 3225,7 thousand the men, including woman - 1488,0 and man - 1737,6 thousand.
The basic problems of pasturable animal stock-raising in Kazakhstan for today are: i) violation (disturbance) of seasonal usage of pastures and their degradation; ii) poverty and dissociation of the small-sized holders(owners) of cattle hindering to organize seasonal pasturage (отгонныйвыпас); iii) absence of support of pasturable animal husbandry on the part of the state.
The management system of territorial development does not provide mutually concerted action of central and local executive bodies. The problems of territorial planning are regulated by different offices, and as a whole are inefficiently introduced at a central level.
Besides absence of the applicable know-how’s, shortage of engineering, high cost of costs, absence of a market infrastructure and the restricted knowledge in the field of management of steady agricultural practice aggravates a degradation of grounds and more and more degrading social and economic situation of the pastoralists (chabans).
2. General background to the pastoralist group/area under study
In the beginning of the 90-th years after dissolution of collective farms and state farms all public cattle was alloted in the property the countrymen. The termination (discontinuance) of financial and social support on the part of the state отгонного of animal stock-raising was abated. The small-sized owners of cattle could not organize neither physically, nor financially pasturage of cattle on the distant pastures. Отгонно-перегонная the system of usage of pastures was replaced on year-round pasturage of cattle on near villages (приаульных) (in radius of 2-5 kms from village) pastures, that in 2001 has resulted in a degradation 26,5 million. hа of pastures.
Now in republic there are 5,9 millions head of cattle; 16,3 millions head of sheep and buggies; 1,2 millions heads of the horses and 135 thousand camels. The tendency of growth livestock numbers of all kinds animal is watched. However quality of cattle-breeding commodity remains low, because of lack of forages of a gain (increment) of 20 -25 % living weight animal is received less. It is the main(basic) reason of poverty чабанов.
Today on a village there are different forms(shapes) of managing: farms on the family or personal basis(fundamentals) and large сельхозпроизводства, engaging, basically, agriculture. Now in Kazakhstan is created about 200 thousand farms, from which one 89 % specialize on production растениеводческой (with dominance grain) commodity. Only 7 % of farms specialize on production of animal industries.
The law establishes two forms(shapes) of a use of land: rent on the paid basis(fundamentals) (near-term till 5 years and long-term from 5 till 49 years) and private property on ground (on the paid basis(fundamentals)). Gratuitously it is possible to take in rent for 5 years pasturable grounds for отгонного of animal industries (seasonal выпас).
General(common) for agricultural communities there is a problem of rational (seasonal) usage of pasturable grounds. This is hindered by passivity small-sized частников of cattle, their dissociation, absence of knowledge and knowledge of exact выпасу animal, and also the absence scientific& - justifies organizations of pasturable territory. The creation of a system mobile seasonal выпаса of cattle with recovery of an infrastructure and water handling of the distant pastures is necessary.
Solutions of a set of problems чабанов need cooperation. A main barrier constraining mobilization on places - this gentle knowledge сельчан about existence and a capability of the diversiform forms(shapes) of cooperation, received profits from association of efforts of a community and decrease of hazards of management of a facilities(economy). In this connection role НПО in rendering multiply increases is informational - methodical of the help чабанам on an intrusion of perspective know-hows of rational usage pasturable угодий and steady development of animal industries on a village.
One of the forms(shapes) of steady usage of pastures can become tendered below model of organization of co-operatives of services.
By such way it is possible to achieve the main(basic) purpose - preservation приаульных of pastures and steady long-time usage all выпасныхугодий.
Last years a number(series) of the projects sold(realizabled) in territory of Kazakhstan НПО at financial support of different international organizations (ГЭФ/ПМГ, ПРООН, САМР, GTZ, the World-wide Bank etc.), was directed(directional) on problem solving on improvement both rational usage выпасов and decrease of load on приаульные of a pasture.
The project sold(realizabled) ОФ« the Farmer of Kazakhstan » at support ГЭФ/ПМГ, in лугостепной to a zone of Kazakhstan, executes recovery of one of methods of conventional seasonal usage of pastures - mobile выпас with distillate of a part of cattle on 20 kms from аулаКоргалжин. The offered know-how will enable to use the distant pastures with greater кормоемкостью and to restore pastures of a northwest part of territory, перемыкающей to аулу.
In a village Коргалжин 1040 court yard are arranged, where 4684 inhabitants live. Поголовье of cattle of the inhabitants by this МО makes 4920 КРС and 2562 heads овец. The local residents, as a rule, owners of small herd have not a capability (financial, technical, personnel etc.) usage of pastures, removed from village. Therefore this cattle выпасается around аула, that has resulted pastures in radius up to 7 kms in stage of malfunction.
With the purpose of a decrease of load on is active used pastures the cooperation of farms «Айшуак» and «Атамура» for sharing their grounds for выпаса of own cattle and cattle, inhering to the small-sized owners is offered. In к/х«Айшуак» there are 898 га of pastures, in к/х«Атамура» - 1282 га, arranged apart 20 kms from аула. The data of a pasture are ensured(supplied) водопоями and have rather high кормоемкость. Usage of this padding area will allow to execute(come true) rotation of pastures, to dump out territory adjoining to аулуКоргалжин, to organize co-operative of services on granting of pasturable territories and выпасу of cattle of terms МО.
Such system of usage of pastures, with members conventional пастбищеоборота, can be widespread in other areas and regions of Kazakhstan.
3. Background to the resource rights issue under study
In Kazakhstan in the field of land attitudes(relations) it is possible to dedicate four main(basic) periods: before affixture to Russia (till 1734); in a structure of the Russian empire (1734- 1917 гг.); in a structure USSR (1917-1991 гг.) and Sovereign state (with 1991 till the present time). In a system of land attitudes(relations) of the maiden period there were three forms(shapes) of land tenure: i) grounds found in the full property of the subjects (ханы, sultans); ii) land possession which have arisen on the basis of performance of duty and iii) land tenures of clergy. The ordinaries the nomads - шаруа used pastures, not being their owner, however they had personal cattle making object of their property. After affixture to Russia the land attitudes(relations) developed in tight intercoupling with the local law of the Russian empire. Development of trade and intrusion of new farm patterns - the agriculture and сенокошение has resulted in violation(disturbance) of nomadic routes and exception under agriculture rich pasturable угодий. The pastures still remained the property of the feudal lords. The peasants - шаруа consist in a structure аульных of communities representing small nomadic collectives. To the nomads was entitled выпасать cattle in definite урочищах and the attachment wore them to pastures a temporary seasonal nature. After October revolution of 1917 pursuant to the decree « About ground » the nationalization of ground began. Has completed(terminated) process of nationalization the land Code of 1922. All grounds become the property of the state. In 1937 in Kazakhstan was completed(terminated) коллективизация on a village, the collective farms have received from the state in eternal charge-free use 65953 thousand га of agricultural grounds. In this period was conducted power седентаризация (subsidence) of the скотоводов-nomads, transfer(translation) of a cattle breeding facilities(economy) in agricultural or fixed animal industries. Thus, at socialism the ground was afforded(granted) to the land users free of charge, with tax was not taxed, had not the status of the real estate, did not go into the authorised capital of production.
Decay(disintegration) USSR, the organization in territory of Kazakhstan of the new sovereign state has resulted in new land attitudes(relations). On the initial stage (1990-1993 гг.) the Laws « About a land reform », « About a peasant facilities(economy) in Kazakh ССР», « About the land tax » were adopted the land Code. The agricultural grounds, which one were in constant use of state farms and earlier collective farms, were divided between the workers of state farms and collective farms and other faces, приравненными to them, into conditional land fractions. However ground remained in a sole property of the state. Many from the owners of conditional land fractions, by taking advantage the legitimate rights, have organized own peasant (farmer) facilities(economy) or have transmitted them as a fee in the charter capitals of economic partnerships and production co-operatives, by becoming their participants and terms.
In adopted August 30, 1995 of the new Constitution of Republic of Kazakhstan, which one acts and till now, was recorded (point 3 of article 6), that « the Earth can be also in a private property on the basis, conditions and in limits statutory ».
In June, 2003 the land Code was adopted. Key feature of the Code is the introducing of a private property institution on grounds of agricultural assigning. With the purposes of effective management of an agricultural production and the exceptions of concentration of grounds in one arms, are established the limiting(marginal) (maximum) sizes of the land lots of agricultural assigning, which one can be in a private property for one face (legal or physical) within the framework of territory of administrative region. However, it is necessary to mark, that if this rule(situation,position) is meaningful for acquisition пашни, the limitation of pasturable sites(segments), can gain which one чабан in the personal ownership, will put(cause) to large concentration of cattle in small territory and to its(her) degradation.
Large problem for чабанов on today is the violation(disturbance) before existing скотопрогонных of paths on remote(removed) (отгонные) of a pasture. The acceptance of the land Code, has allowed to redeem submontane grounds under building of individual(private) houses etc. purposes. According to article 70 п.1 and item 2 of the Law РК« About ground » скотопрогонные of a line(route) of temporary (seasonal) use can be established(set) district (in territory of region) or regional (in territory of two and more regions) actuators as agreed with the private owners or land users, on grounds which one the line(route), without exception grounds for the private owners or land users runs. The holders(owners) of cattle bear before the private owners or land users liability for average general costs caused at перегоне of cattle on a line(route). However this rule(situation,position) of the law practically does not work, that calls(causes) the numerous conflictings at attempt to conduct herds on отгонные sites(segments).
Many chiefs (акимы) of villages and agricultural districts do not know about modern presence and condition of submontane pastures and джайлау. The installation by local bodies(organs) of limitations on the sizes of redeemed pastures (in some аулах is authorized to be redeemed only 15 га on one term of family) will not allow чабанам to advance a steady facilities(economy) and can result in a release of personal pastures because of their small area.
The common fault of all reforms last of ten years is reduced practically to a full zero information about transformations(conversions) in a land orb at a level аула and village. The main(basic) participants of this process (farmers, and specially, животноводы-чабаны) have appeared completely discharged from processes of market reforms in the field of a use of land.
4. What did the pastoralists do to succeed.
Part(long) years of existence on a village of one pattern of ownership on ground - state, unified form(shape) of managing - collective and the centralized controls by an agriculture have resulted in full suppression of the personal initiative чабанов. After decay(disintegration) of this system the majority чабанов have appeared completely to demoralized and not off-the shelf to independent rational management of animal industries. The old, conventional methods were forgot, and the Soviet agricultural system has accustomed чабанов to a dependence, when all problems (supply, откочевки, social, cultural - enlightening etc.) decided and provided a management(manual) of collective farm, region, area and state. Many чабаны transmit on a path of the least resistance - steel to graze the cattle around аула. The degradation of pastures, decrease of productivity of animal industries causes(urges) чабанов to search for the new forms(shapes) and methods of steady agricultural practice.
In it them assist НПО, working with local communities. In villages the derailings are carried out(conducted), the inhabitants help in detection of problems and paths of their solution, definition of pasturable territories, creation of initiative groups and in mining the forms(shapes) of cooperation for organization mobile (seasonal) выпаса of cattle.
So, for example, as a result of the project «Жанарту», originated НПО Fund « the Farmer of Kazakhstan » and carried out in 1998-2001 гг. By a local community аулаЖангельды at financial support of the Program of the Small Grants (ГЭФ/ПМГ), the degradation of pastures is halted at the expense of an implementation on two reference directions. Maiden of them - inroad of water (recovery колодцев) distant (40-50 kms) pastures and весенне-летне-осеннийвыпас on them of cattle of terms of a local community. Second - creation of plantations фуражной of Lucerne and obtaining of winter reserves of forages and, as a consequent, termination(discontinuance) winter выпаса around аула. As a result of a decrease of load of cattle around аула within the 3-rd years were restored not only pasture, but also саксаульники. Now project is prolonged on the basis of self-financing.
In НПО« the Fund on strife with desertification » at support Милиоконтактоост-Europe was carried out the project « Distribution(propagation) of new methods and obtaining of experience in creation of model of steady usage of degraded grounds ». 8 seminars in different regions Алматинской of area were conducted. The project has introduced the large contribution to increase of knowledge of local population about processes and reasons of a degradation of grounds, about the purposes and problems of the Convention of the United Nations on strife with desertification, about exact methods of usage of pasturable resources(safe lifes).
In НПО Fund « the Farmer of Kazakhstan » at support Милиоконтактоост-Europe on replication of methods and outcomes of the project «Жанарту» in southern locale of Kazakhstan. In many farms of steel to be used methods, апробированные in the project «Жанарту».
Project « a Degradation and aftertreatment of pastures of Central Asia on an example of Kazakhstan and Туркменистана» (2000-2003 гг.) was executed(designed) together with International institute of usage of grounds (Great Britain) and Kazakh research institute кормопроизводства and pastures. The purpose of the project was detection of a condition of pastures from ways of their usage, influencing of a condition of pastures on an output(exit) of cattle-breeding commodity and welfare of the holders(owners) of cattle.
The project « an Aftertreatment of soils and vegetation for steady development of animal industries and veterinary medicine » (2005) was funded through link PAMS within the 1-st year. The participation of the project in recovery колодцев, acquisition юрты, pumps and generator has allowed to show to terms of a local community, that at definite equipment, it is possible to hold cattle on remote(removed) from аула the retrieved pastures.
The near-term projects through link ПРООН and «umbrella» project ГЭФ/ПМГ started in 2006, have by the purpose recovery of an ecological potential of degraded pastures by maintenance of optimal loads выпаса (перегон of cattle on new sites(segments)) and maintenance of cattle by quality winter forages. The selection of managing patterns of a cattle-breeding direction was conducted in different природно-climatic zones and areas of Kazakhstan: Алматинская (wilderness, half-wilderness, dry - steppe), Акмолинская (сухостепная), Semipalatinsk (half-wilderness), Кызылординская (wilderness). Using the miscellaneous approaches depending on particular conditions of a condition and usage of pastures around of settlements, and also quantities выпасаемого there of cattle, are created conditions on the distant pasturable sites(segments) for normal residing of the people and maintenance animal водопоями.
Thus, all conducted and spent projects demonstrate, that in Kazakhstan, where as against other locales of a world, there is a huge variety of types of pastures (more than 1000), rational usage of pastures is possible only at a seasonal migration of cattle. It is connected that pasturable спелость of vegetation of different types of pastures comes in miscellaneous seasons.
In all projects, directional on improvement and rational usage of pastures, was given attention to the legal party of a problem. At seminars, occurrings and departures of local communities all these legal problems found reflection. Чабанам the conditions of organization of farms, rule of exact organization seasonal выпаса of cattle were articulated to a fundamentals of land legislation.
As a result of the conducted seminars and trainings for terms МО and initiative groups in villages enveloped by the projects, the supply with information under the new forms(shapes) of steady control of land resources(safe lifes) was improved. As a whole it is possible to speak about strengthening(amplification) of a potential of local communities and increase of legal literacy of terms МО. The initiative groups and НПО were formed. The terms of YOKES and НПО obtain skills on mining the design applications, their self-rating was increased and the paths of increase of legal literacy and development of market attitudes(relations) are rotined.
The termination(discontinuance) of a degradation of pastures, their recovery and preservation of productive longevity is possible at providing of access of the people to distant отгонным to pastures, inroad of water of these pastures and conditioning for residing there чабанов for a long time. All this is recovery of conventional knowledge on mobile management of animal industries in Kazakhstan.
The problem of recovery of mobile animal industries - very multiplane and requiring of the solution of many social and cultural and educational problems on a village, can not be decided only by forces чабанов and НПО. Lobbying concerns чабанов in government, engaging of attention of leading bodies and grants is necessary on the part of the state.