POLICY MATTERS 2014: REMEMBERING ELINOR OSTROM
54
village baito. He will accuse him/her based
on the ‘law of the fathers’, which is highly
respected in the area. Neighbouring villages
know that Lamza residents are very serious
about the hiza’ti system and thus often afraid
of not only the guard but also Lamza residents.
The fact that monitoring is carried out by
resource users, means that mutual monitoring
is extremely important. A quasi-voluntary
form of compliance based around the idea of ‘I
will if you will’ is highly visible, and the reason
why so few law breakers come from within the
community.
Design Principle 5: Graduated Sanctions
Punishments and sanctions designed to help
regulate the hiza’ti system have evolved
overtime. Fifty years ago, the punishment
for any illegal action was about nine melelik
(about five kilos) of cereals per shepherd.
Today, the punishment is based around
monetary fines and tied to the rules being
contravened:
•
10 Nakfa
2
per cattle and 5 Nakfa per
sheep/ goat for illegally grazing out of
season
•
100 Nakfa for illegally cutting trees with
an axe
•
25 Nakfa for illegally collecting dry and
fallen wood with bare hands
In general, penalties and sanctions are
graduated and increase based on offender
intent, degree of damage caused, and the
offender’s past record. Generally, offences
in relation to grazing fall into one of two
categories. The first is unintentional damage
(known as Wererta), typically when livestock
that’s browsing at the periphery of the
enclosure enters without being noticed by
the herder. Though a punishable offense, it is
considered less serious and so the punishment
less severe. Other categories cover deliberate
illegal entry (Hasya), or when a herder
intentionally leads his livestock into the hiza’ti
out of season. Since he is doing this knowingly,
the fine is much higher (usually double).
Design Principle 6: Conflict Resolution
Mechanism
The village baito listens to and settles conflicts.
It is rare that a resident of Lamza will appeal
to the nearby Ministry of Agriculture office
with regards to a resource-related conflict.
While Lamza’s baito is capable of settling
conflicts vis-à-vis resource use within the
village, respondents revealed that for issues
involving neighbouring villages, it is the ‘law
of the fathers’, in combination with the baito
system, that creates access to what Ostrom
refers to as “rapid, readily accessible and low
cost local mediation” (Ostrom 1990). When
this does not suffice, government agencies are
asked to get involved.
Acknowledging the role of elders and local
authorities in mediating conflicts and the
importance of a low-cost justice system, the
government recently introduced ‘community
courts’, whose decisions are officially
recognised by higher-level courts. The
presence of ‘community courts’ increase the
capacity of the village baito to settle conflicts,
and again this is reflective of a strong internal
mediation procedure.
Design Principle 7: Rights to Organise
Study participants said that government
interventions in the hiza’ti management
system have been minimal and generally
limited to the provision of seedlings and
technical assistance. While villagers view
their management system as largely self-
sufficient, with villagers holding the right
to devise their own rules, it is also true that
they are held accountable to an official inter-
village- institutional arrangement known as
memihidar kebabi, which typically comprises
of 3-4 neighbouring villages. The decisions of
the baito prevail only if it does not contradict
the verdicts of memihdar kebabi.
At state levels, the Eritrean Forestry and
Wildlife Conservation and Development
Proclamation (No 115/2006; article 24)
states that “communities… may utilize any
naturally growing trees in accordance with the
2
1 Nakfa is equivalent to approximately USD$15
POLICY MATTERS 2014: REMEMBERING ELINOR OSTROM
55
management plan in which the government
will have a role to play in the technical
assistance as required”. This proclamation
allows villagers to practice self-management
in their woodland and/or woodlots, but
within a framework of state ownership
3
. The
Proclamation also states that government
can enter into agreement with community
members where appropriate, for the
purpose of sustainable forest management,
afforestation and reforestation, protection of
wildlife, watershed management and the like.
Both land and forest proclamations give
recognition to community-based resource
management and limit the ability of
government to interfere in situations where
stable management scenarios are being
achieved through customary means. However,
the power of local people to exercise their
rights is not absolute and remains contingent
upon it being in line with government policy
of the day. The State’s role in providing
oversight is not, therefore, an immediate
threat but still open to misuses of power that
could potentially (and unilaterally) reduce the
benefits that Lamza residents receive from
resources within the hiza’ti.
Design Principle 8: Nested Enterprises
Given that the hiza’ti system is not part of a
larger CPR, Ostrom’s eighth design principle
was not included in this study.
CONCLUSIONS
This study reports on a community in the
Eritrean highlands, holding a long tradition
of communal resource management, which
has developed a set of comprehensive village
bylaws to enable the sustainable use of
biologically diverse woodland enclosures of
livelihood importance to local people. The
study finds that these bylaws, or operational
rules, play a major role in protecting,
monitoring and enhancing the regenerative
capacity of these enclosures, and appear to
fulfil most of the design principles (Table 2)
that Ostrom (1990) developed to characterise
robust commons institutions and management
systems.
The study provides an illustration of how
Ostrom’s Design Principles have stood the test
of time (Cox et al. 2010) as a tool to assess CPR
management, where trust and reciprocity is
crucial to sustaining collective action in the
management of shared resources.
However, while the hiza’ti system of commons
management appears robust and successful in
terms of resource sustainability, this study also
shows how tenuous certain aspects of the system
can be (in this case, the arrangements around
collective choice and the right to self-organise)
because of their dependence upon supportive
government policy—a situation that can easily
change with political upheaval at the state
level and/or the influence of evolving market
economies.
Yet despite the threat of upheaval, this study
also shows how important it is to properly
assess the effectiveness of local resource
management efforts ahead of instituting
any kind of external intervention that could
fundamentally change a system’s dynamics.
In this case study from Eritrea, locally-crafted
institutional arrangements, evolved over many
decades, have enabled a sustainable resource
management system based around customary
practices and norms. At the heart of this
system is a degree of autonomy that provides
resource users with the political space to craft
operational and collective choice rules—a
situation that requires continued statutory
recognition and the kind of tenure security
that incentivizes local people to use and
protect the resource over the long-term.
REFERENCES
Agrawal, Arun. 2001. “Common property
institutions and sustainable governance of
resources”. World Development 29: 1649-1672.
Arnold J.E.M. 1998. Managing Forests as
Common Property
. Food and Agricultural
3
Land Proclamation (No 58/1994) declares a fundamental change to the customary tenure system and proclaims all land to be
property of the state in which villages are allowed to ‘continuous use and control’ of their communal land including woodlands.