There are various types of property ownership in Africa, including private, common, state, and open access. Each type has its unique characteristics, advantages, and disadvantages.
Private Property in African Fisheries
Individuals, families, or legal entities have the right to use and manage resources to the exclusion of others. Private ownership of inland fisheries resources is uncommon in African traditional rural societies. Water bodies and aquatic resources are often regarded as the property of the community or higher powers, but in some cases, they may be allocated to a person or family for exclusive use.
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Common Property in African Fisheries
The most commonly found regime in African inland fisheries is based on common property, where the right to use a delimited resource is vested with a specific social entity. The resource belongs to a group, which jointly uses it, excluding non-members. The property is managed by all members or their representatives.
This system is particularly useful for managing water bodies with defined boundaries. The property is considered part of the resource base of a village, clan, or similar entity or ethnic group with shared beliefs, norms, and language.
Control rights are exercised by the local traditional authorities, who act as trustees for the ‘true owners’. All members of the group have access to the resource either directly or through representative group members. Non-members may be allowed access after payment of fees or other agreed-upon terms.
Use rights are granted to all members of the group that owns the resource or to sub-groups such as males or part-time and full-time fishers. Members share resource use rights and related duties equally.
Common property regimes provide a framework for the joint use of resources. They prevent unauthorized access by outsiders and ‘free-riding’ by group members. In situations where no property rights have been established or where a property regime has become inefficient or collapsed altogether, an open-access situation may exist.
State Property in African Fisheries
State property refers to resources over which the state exercises management rights and defines access rules. State property is typically used by citizens within a legal framework. Most African countries claim ownership of fisheries resources. However, state properties are often superimposed on common property, leading to ineffective management of state-owned resources in many cases.
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Open Access or No Defined Property Rights in African Fisheries
In an open-access system, everyone has the right to access and use a resource. No one has the right to exclude others from using it. In this situation, inefficient or nonexistent property rights prevail. Fish stocks are often considered abundant, and harvests may not be significant enough to justify management efforts.
However, open access allows for excessive effort, overfishing, and dissipation of the economic surplus that a fishery can generate. Examples of areas under open access include large lakes, rivers, and floodplains during the rainy season (Williams, 1998).
The types of property rights that exist in Africa vary depending on traditions and customs. The most common type is the common property regime, where the resource belongs to all members of a community or group. This system plays a vital role in managing and conserving fisheries resources across the continent.
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