PŮDNÍ REFORMA V ALBÁNII

Land Reform in Albania

Půdní reforma v Albánii

Dr. Donika KÖ RÇ INI, Dr. Arben VERÇ UNI

Authors' addresses:

Department of Farm Management and Agribusiness, Faculty of Agriculture

Agricultural University of Tirana Tirana, ALBANIA

Tel/Fax: + 355 42 278 04, E-mail: fam@sara-aut.tirana.al

Summary:

Land reform is the cornerstone of the economic reform in Albania. Land division and

its privatization are the main pillars of the economic reform in agriculture. This process has brought many satisfying results, but in due course there are many problems we have to cope with, and the process has not finished, yet.

This paper aims at identifying some of these problems and recommending some ways

out.

Souhrn:

Půdní reforma je základním kamenem ekonomické reformy v Albánii. Rozdělení půdy a její privatizace jsou hlavními pilíři ekonomické reformy v zemědělství. Tento proces přinesl mnoho uspokojivých výsledků, ale také mnoho problémů, se kterými se musíme vypořádat. Proces také doposud neskončil.

Tento příspěvek slouží k seznámení se s některými z těchto problémů a s doporučeními, jak je řešit.

Key words:

Arable land, Law on Land, land titles, leases, mortgages, overturn, refused land

Klíčová slova:

Orná půda, zákon o půdě, pojmy týkající se půdy, pronájmy, hypotéky, převrat, zamítnutá půda

By the end of the Second World War, 3% of the owners in agriculture owned 27% of the agricultural land, whereas 14% of peasant families possessed no land at all. Most of the peasant families (83%) possessed an average of 1.8 hectares of land. The first fundamental land reform was carried out during 1945-1946. To the landowners, there were left only 5 hectares of agricultural land and the rest of their property was sequestered. More than 170 000 hectares were distributed among 70000 families who possessed little or no land at all.

Simultaneously with the land reform, it started the process of socialist collectivization of agriculture and the establishment of the Stalinist type Cooperatives and State Farms. This process passed through some phases and lasted 20 years. The 1976 Constitution definitely sanctioned the fact that all the land was state owned. Until 1991, almost all the agricultural land remained state property, under the administration of nearly 120 State Farms and 420 Agricultural Cooperatives. More than 7 years ago, the first democratically elected Parliament of Albania passed the Law on Land, which led the way to democratic reforms towards the market economy.

The land reform, which took place after the establishment of the democratic transformations, in 1991, was the most progressive and the most decisive one,both Eor the agriculture and the whole economy, because it sanctioned the overturn of the property upon the agriculture land and the most important impact in the development of agriculture. The land reform is the result of the implementation of the "Law on Land" which is one of the most important laws of the economic reform. The basic principles of this law consist on:

o the decollectivisation of the agricultural system through the dismantling of the State farms and the Cooperatives;

o the privatization of the arable land by distributing and giving it gratuitously in ownership to the members of ex-cooperatives and by giving it in use to the workers of the ex-state owned farms. The main feature was that the distribution rate of the land is based on the number of family members;

o the law does not foresee any physical compensations of arable land for theex-proprietors but only monetary compensation;

From the distribution of the ex-cooperative land, there were created nearly 400 000 individual farms, with an average of about 1,4 hectares per farm.

The aftermath of the reform

Land division and privatization had a positive impact on the development of the agriculture. Its contribution to GDP is 50%, whereas to the food and raw materials to agri-industries is as much as 70%. Agriculture employs around 50% of the active population.

Along with these positive developments there are some negative events going on, that impede the continuation of this process.

After many years of efforts consisting on the division, registration and administration of land, at the end of 1997, there were divided 545 thousand hectares, or 97% of the total to be divided. Now, there are still to be divided the followings: 115 thousand hectares refused lands;14.233 hectares formerly state owned lands; and 7.978 hectares under jurisdiction of institutions and joint ventures. At the same time, there are provided with titles on land, the owners of 501 thousand hectares that own 89% of the already divided land.

For a better land administration, there are functioning Cadastrial offices in the districts throughout the country. As far as land registration goes, there is already established the Land Tenure Center with its 22 countrywide affiliates that provide for titles on land.

In the very beginning, the process of land privatization was very dynamic, but later on, it slowed down somehow, due to many organizational, technical and procedural factors. The combination of these factors resulted in delays and the process of land privatization has not come to an end, yet.

Table 1: Some data about land division

No Item Unit Amount

l. Total arable land Ha 699.729

2. Total amount to be divided Ha 560.402

3. Amount divided to date Ha 544.841

4. % of the amount divided to date % 97

(3/2)

5. Total number of villages No 2.952

6. No.0f villages provided with titles No 2.762

7. % of villages provided with titles % 94

(6/5)

8. The land divided (with titles) Ha 500.079

9. The land divided (without titles) Ha 44.763

10. % of land divided with titles (8/3) % 92

11. Undivided land + divided land Ha 60.264

without titles

Source: Elaborated by the authors themselves

The current situation

Land distribution has been the cornerstone for agricultural reform and the early successes in agriculture have been based on the integration of the private sector into the production and distribution of farm products.

Currently, there is a dualism related to the enforcement of the Law on land division and privatization. Its causes should be sought in the changes of the structure of the local government; deficiencies in the law enforcement; inaccuracies; conflict of interests among different groups and individuals; influences of the political parties that urge the return on the old properties; nepotism etc.

In Southern, Western and Northwestern Albania, the process, generally, is based on the respect of rule of law. On the contrary, in mountainous regions of Northern and Northeastern Albania, the law implementation is subject to distortions. In many villages, the land is being turned over according to the old boundaries and many people have accepted this situation by falling shy rather than contradicting it. Therefore, many families have into their possession a small piece of land or no land at all, and are on welfare. This dualism has risen many pretenses and disputes even in the areas where the Law on Land is fully respected.

As regarding the land under the property of formerly state owned farms, the privatization process has been accomplished in a rapid, inaccurate and clumsy manner, through inequalities related to the amount and quality of the land divided. The reasons that have given rise to the conflicts regarding land division are as follows:

Different kinds of pretenses: overturn of the land according to the law, but within the old boundaries; pretenses of the former owners who live in the towns to get back their land despite the fact that they live in towns; the request of the migratory population to take possession on land in the new settlements; illegal possessions as a result of migratory movements of the population within the country; unresolved disputes between different villages regarding the borderline; and pretenses from the part of administrative units related to deficiencies in being provided even with the average amount of land etc.

Irresponsible administrative actions: inaccuracies regarding documentation (more than one title on land for the same plot); irresponsibility and corruption from the part of Land Commissions in the decision making process (in 60% of cases, there is a discrepancy between the real plot and the title issued on it, in many cases the real size of plot is several times higher than the one registered on the title on land); in many cases in the decision making process they have been motivated towards favoring the former owners unlawfully.

Unlawful, undocumented actions from the part of the owners: changes due to land transfer from one hand to another; land division within family from the part of family head; and land hand over to other persons.

Many of the above mentioned disputes have been resolved in due course, but there are many unresolved issues in place. Moreover, the failure of the Land Commissions in all levels, and supporting technical staff from their engagement to consequently

enforce the law, has aggravated the situation. It will negatively influence the process of reform and it is accompanied with psychological and social effects. Many people feel insecure, they lack the confidence and all this results in disequilibrium in the normal run of agricultural activities.

Suggestions and recommendations

To our opinion, there is no place for a set back, the process is irreversible and it must be accelerated in order to be completed as soon as possible. There is no place for the old practices and the privatization process must go on.

A whole package consisting on juridical, organizational and administrative measures should be taken.

As regarding juridical measures we suggest the improvement of the legislation which facilitates the process of privatization of arable land, forestry, and pastures; the privatization of still undivided lands; land renting and sale etc.

As regarding organizational and administrative issues we suggest the resolution of all disputes and the reorganization of the commissions and their technical staff. It aims at restoring the confidence of the farmers in the newly created commissions. In order to resolve the problem of the refused lands j oint efforts should be made from the part of the government and scientific institutions for finding out profitable ways of their exploitation. Definitely, for restoring the confidence of the owners we have to insist on creating their self confidence that they are the sole owners.

References

1. "The agriculture and food industry", Tirana,0ctober 1993, p.11

2. "Albania and the World Bank: Building the future", The World Bank

Washington DC,1994, p.36-38

3. Draft Report: "Land division, problems and their overcoming", Albanian

Ministry of Agriculture and Food, March 1998

4. Draft Report: "Some issues in the field of land policy and an update track in the process of land registration in Albania", Land Tenure Center, June 1998