Types of Property Rights and Regimes in African Fisheries
There are different types of property ownership in African fisheries such as private, common, state and open access. Each has its unique characteristics, advantages and disadvantages.
Private Property
Individuals, families or legal entities have the right to use and manage resources to the exclusion of others. Private property of inland fisheries resources is uncommon in African traditional rural societies.
Water bodies and aquatic resources are regarded as the property of the community or higher beings, but can in some cases be allocated to a person or family for exclusive use.
Common Property
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 delimited social entity.
The resource belongs to a group, which jointly uses it to the exclusion of non-members. The property is managed by all members or their representatives. This system is useful for the management of water bodies with defined boundaries.
The property is regarded as part of the resource base of a village, clan or similar entity or ethnic group with similar beliefs, norms, language, etc.
Control rights are exercised by the local traditional authorities, who act as trustees for the ‘true owners’.
Every member of the group has access to the resource either directly or through representative group members. Non-members may be allowed after payment of fees or other agreed terms.
Use rights are granted to all members of the group which owns the resource, or to sub-groups such as males or part or 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.
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Where no property rights have been established or where a property regime has become inefficient or has collapsed altogether, an open access situation exists.
State Property
Property over which the state exercises management rights and defines access rules. State property is in most cases used by the citizens, within the given legal framework.
Most African countries claim ownership of fisheries resources. State properties are often superimposed on common property. There is often ineffective management of state-owned property.
System with no Defined Property Rights (open access)
Everybody has a right to access a resource and withdraw from the resource (‘open-access’), nobody has a right to exclude others from using it. Inefficient or no property rights exist.
Fish stocks are regarded as abundant and harvests are not enough to warrant management efforts. Open-access allows excess effort, overfishing and dissipation of economic surplus that a fishery can generate.
Examples of areas under open access are large lakes, rivers, floodplains during the rainy season (Williams, 1998).
In summary, the 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.
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