Karakachans transhumance and livestock breeding relation with land use and land property rights in Bulgaria (Success stories) I. Introduction II. Karakachans’ history 1. During the Ottoman Empire. During the middle ages, by reasoin of their specific way of life and economical occupation, nomad shepherds remain unattached to feudal domains. Providing of pastures use, of village municipalities collective property ones is realized, through agreement between two sides’ elders. With the feudal relationships development however, shepherds fall into subordinate situation, because within their general part, they are dependent on the feudal state and implement to the central authority duties, related mainly with the sheep breeding. In permanent moving, nomad communities are not able to avoid payments of some taxes to feudal owners at passing through fords and bridges between domains. To the state they are forced to pay taxes for pastures and pens, as well as church tax. Part of the moving shepherds is bind to the monasteries with feudal rights on pastures and meadows, which has been a precondition for conversion to settled down life and economic activities. Often the nomad shepherds nave been received special statute with release from taxes and services imposed upon agrarians, but in return they have paid taxes for use of summer and winter pastures, for grazing during the season migrations and have given up sheep. At the same time the nomad community retained its internal autonomy and organized by itself its own governance and the way of implementation of imposed to it duties. The leader, karakachans’ community elder, was mediator between the shepherds and external world and independently carried out trade, business and social contacts. The relationships between nomad stock-breeders and local population were based mainly on the need of products exchange and pastures providing. Wuth the Ottoman Empire growing in the Balkan peninsula occured significant changes in the nomad shepherds life. Supreme land owner become the Sultan and feudal rulers become only holders of earnings and are divested of entire financial, administrative and legislative independence, while they were under significant control of the central authority. Within the unlimited empire space, stimulated from army and cities needs of animal products, the nomad sheepbreeding had impetus to development. Nomad shepherds are attached to the so-called “rayah with special function” and implemented duties to the central authority related to the sheepbreeding. Later, around 17-18 century, with the weakening of strong centralization, the institution declined and shepherds, denied of their privileges become to pay ground and production rent. The Ottoman legislation regulated the ways for sheep taxes gathering, but in much higher extent were valid taxes for use of 1 summer and winter pastures, and especially for use of village common lands, as well as duty upon pens. 2. Before the Soviet time. The Ottoman Empire disintegration changes entirely the polical structure on the Balkans, which beside the radical economical changes leads to restriction and change of the nomad sheepbreeding farm. Created are independent states with precisely fixed and guarded boundaries and with customs restrictions. Couple of times the Karakachans continued to pass free from state to another, but with restrictions increasing – to go in and out only through appointed frontier-points with same by amount sheep flock, sheep owner to join the nationality of the state where he is and others of this type, the free moving is hampered. Passing through the boundaries decrease significantly with customs taxes introducing. Beside, to stimulate shepherds settling down in single state, governments gave them up opportunities for taxes exempt. Karakachans are forced to change their seasonal, migration ways and to limit them within single state boundaries. After the 1913 – 1919 period connection between alpine pastures in Bulgaria and Aegean region is terminated entirely and Karakachans who have settled down in Bulgaria direct themselves for wintering to the South Black-Sea coast. Different landuse regime, agriculture intensification, recognition of small and middle farms and conversion of unused regions and parts of pastures into workable land raise another obstacles for development and retaining of shepherding. Changes in nomad farm are expressed in significant flocks’ decrease and in individually arranged wintering. Another main feature of shepherding is changed – the use only of natural pasture/grazing, because winter pastures become insufficient. This imposes to animals’ food to be added fodder, bought from the settled population. Parallel with getting closer of Karakachans with the local population occur also some conflicts, like seasonal movement of great herds which caused damages to the agriculture farms, the competition in pastures renting, lower prices of products, which Karakachans maintained against prices of the settled down population, occupying sheepbreeding. The unavoidability of replacing the nomadic with settled way of life is recognized as an objective process in within the contemporary conditions. Argument is provoked from the intervention of states in it. Some investigators support the necessity to facilitate the hard nomads destiny, through their permanent settling and they to be embraced from administrative control, also like one of the ways to conserve the fertile land beside its use like pasture. According to another authors the nomads’ liquidation is unjustified by reason of impossibility pastures to be used for agriculture, as well as by the reason of their conservative attitude toward the settled life and agriculture. There are outlined three ways for change of moving life and conversion to settling – spontaneous, compulsory and encouraging, foreseeing supporting programs. In relation with these problems after the Second World War are carried out series of studies under programs of UNESCO, International Labor Organization /ILO/ and etc. International organizations. Nomads’ issues are concerns of the ILO Convention for protection and integration of the indigenous and other population, leading tribe and other way of life – 1957 and its later 2 redaction from 1989 – Convention 169 concerning indigenous and tribe population in independent states. With their settling down in a certain state Karakachans fall under the state-administrative institution attention not only in the economic scope, but also at public level. It is discussed the necessity of their life conditions improvement. Agreements of Bulgaria with the other Balkan states have also reflections over the traditional nomading and further sheepbreeding development – the Convetion between Bulgaria and Greece, undersigned on 27.11.1919, which arrange the mutual moving of minorities between these two countries, Agreement Impetus to Karakachans settlement after the Balkan Wars (1912-1918) is given from the livestock decreasing, which is related with military operations and state takings. By the reason of territories loss and refugees influx continues the process of land and agriculture farms fragmentation, which enforces the land hunger. From other side the BZNS government agrarian reform (Law for the labor land property – 1920-1921) creates perspectives for giving land to Karakachans. State lands including in creation of land fund, as well as the striving to modernization and development of agriculture, limit the opportunities for pastures renting. Renting of monastery lands and related to this urgent sell out of liable to alienation estates have great importance for the settling down process. Nomad stockbreeding falls also under the Law for improvement, enforcement and encouragement of agriculture production and field properties conservation – 1921. The law envisages special measures for stockbreeding support/aid. 3. During the Soviet time In spite of these changes, during the period from the 19-th century end to the Second World War Karakachans stayed nomads. Appearance of the group continues to be determined from moving Karakachans. In this period the Bulgarian State does not interfere directly into the nomads settling down process (compulsory settling down) for difference of other Balkan states (Greece, Turkey). The Bulgarian State interferes directly in this process after the Second World War, as apart from the common for the country changes, the so-called “socialist reorganization of the economy during the transitional period from capitalism to socialism”. Great importance for nomad shepherds have changes in the field of trade. In the field of stockbreeding products purchase include themselves state enterprices and newly created agriculture cooperations. The private capital is liquidated finally with the removing of commission trade in 1948. Introduced are ration and coupon systems for population supplies with food and industrial goods. Crucial role for the change is played also from including Karakachans in the process of so-called cooperating of the agriculture, which leads to exhausting of workable land reserves and to strongly decreasing of pastures (more and more great part of mountаin pastures are mastered from cooperations and Karakachans are pushed away). From 1950 begins a trend for decreasing of productive animals in the whole country. The state makes aн attempt for process change with Decree of Ministers Council for development of stockbreeding – 1952-1954. In this way in 1954 is gained Decree of Ministers Council for compulsory settlement of Karakachans. The decree from March 15, 1954 except compulsory settlement of Karakachans gives them also opportunities for free receiving of land up to 4 decares; right to use land from state 3 and forest funds by rent, while up to three years they are released from the rent of land up to 30 decares; right for access to alpine pastures depending on the region of their settlement. In spite of this, part of them continues their moving life till the end of 50-ties, when all sheep are taken away from their owners. This is the main specificity in the process of Karakachans settlement in Bulgaria – their deprivation of property (compulsory measures). As a result of settlement is destroyed the traditional social-professional structure of Karakachans in Bulgaria. Their sheep and horses are included in TKZS /Labor Cooperative Agriculture Union/, which arranged with articles 1 and 8 of the Exemplary Statute of TKZS – 1950. Part of Karakachans orients themselves to activities related with stockbreeding and forestry. Significant place in their labor activity occupies the so-called personal relief farm, which is combined with the work in TKZS or elsewhere. This form of farming has significant part in the country stockbreeding. For example, during the 70ties for a certain time is widely spread between Karakachans the practice to breed animals, mainly to fatten lambs under contracts with DSO “Rhodope”/State Economic Unit/. Part of Karakachans works like shepherds, shearers, as seasonal activity and other activities in APK and TKZS. 4. After the Soviet time – after 1989. The conversion from planned administrative economy to planned economy in Bulgaria, carried out in the period to 1990, impacted directly the agrarian production in the country. Existing till 1990 TKZSs, which have been implementing their activity on the base of the state cooperative property, were terminated. Land property was gradually restored to previous owners, the ownership of production enterprises and food, wine and tobacco industries was made private. The strengthening of market relationships in the field of agriculture originates also series of difficulties, which require a special attention and intervention from the state. This attention, as from legislative, so as from practical pint of view, could not be made equal with the command-administrative intervention of the state in agriculture, during the period before 1990. In the contemporary stage the state more and more moves itself away from use of command methods for economical processes management. Presents is a trend for use of economical incentives, making actual and strengthen the legislative base of the agrarian reform. Such legislative base for the agrarian reform carrying out is the Law for the ownership and use of farmlands, adopted from the People’s Assembly in 1991, with repeated changes and complements, the last of which, from February 1997, arranges the grounds of transition to the private ownership of land and production assets. For this aim are arranged legal and financial mechanisms for private ownership on the farmlands restoration and are created state institutions for setting of this issue. These are the Ministry of agriculture, forestry and agrarian reform, National Department “Land Reform” and municipal land comмissions, which implement directly the activity on land ownership restoration. The law for assistance of agriculture producers, adopted from National Assembly in 1995 regulates creation of specialized funds for financial support of certain agriculture activities. According to the Law for ownership and use of agricultural lands and the Regulations for its applying (Regulations for applying of the Law for the ownership and use of 4 agricultural lands – promulgated in OG, issue 34/1991) every Bulgarian citizen (including Karakachans) has right to restore his ownership over the land through: written evidences for ownership right; declaration with notarial certified signature for proving of the statement, at lack of written evidences; Certificate for heirs, when heir (heirs) of deceased ownership requests restoration. Except this the Law enacts, that agricultural lands could be property of citizens, of the state, of communities and of legal entities (Article 3 (1) / change – OG, issue 28-1992/). Changes in Bulgaria after 1989 create favorable conditions for series of problems of ethinc and religious communities solving, because they lead to respect of human rights, freedom of religions and press. With the new trends in social, political and economical development and favorable opportunities for development of private property Karakachans diversify their activities including in the field of stockbreeding. In empirical sociological study carried out in 1992 from the Institute on Sociology at Bulgarian Science Academy on the question how would they act if they become unemployed a great number of Karakachans gives the answer included into inquiry – they will search for way to buy by themselves, without state aid, home animals, dairies and other outfits, by which to start their traditional occupation. To have opportunities for expression, as at regional, public and cultural, so as at political level, during 1991 Karakachans unify themselves and establish “Culture-educative association of Karakachans in Bulgaria”, which in 1995 is re-registered as “Federation of cultural-educative associations of Karakachans in Bulgaria”. It unifies regional associations of Karakachans, which are in settlements, where more significant Karakachan groups live. Main objectives of Federation are to work for treasuring of traditions, cultural heritage and language of Karakachans, as well as for their popularization. Federation lobbies actively at government level for solving of Karakachans’ problems, during 90-ties, related with forcibly taken away sheep and horses and providing for adequate compensations from the state, and against impossibility Karakachans to obtain land, in spite of their continued work in TKZSs. Proposed solutions for way out of situation are Karakachans to obtain compensation stocks / nominal compensation documents or free workable land from municipalities, as well to be made corrections into the Land law, concerning the use of meadows and pastures, fodder, bee-hives and etc. When in 1998 on the base of the Law for compensation for owners of nationalized estates or the so-called Law “Luchnikov”, which creates compensation instruments for compensation of physically non-recoverable nationalized property, is started the procedure for issuing of compensating stocks. Federation again cooperates actively to Karakachans through joint work with district departments, which is represented in listing of the deprived from single families heads of livestock during the 50-ties and preparation of application request for compensations. Assessment of the deprived property is performed from experts for every field separately by livestock head. Issuing of nominal compensation documents starts in October 15, 1999. Compensation stocks and nominal compensation documents are universal means of payment within privatization tenders, when legislation allows payments on transactions by them. The normative base, which arranges conditions for issuing of payment instruments and their 5 use, is “The Law for transactions with compensation instruments”, promulgated in OG 47/2002. From the beginning of September 2002 all issued and registered emissions are recorded in united register of compensation instruments in Central depository. Options for realization of compensation payment instruments are the following: Buying of shares at exchange auctions; Payment on privatization transactions; Payment in tenders for buying of municipality and state properties; Payment in tenders for buying of agricultural land; Payment in centralized public tenders; Sale of compensation instruments through investment mediators at market price through “Bulgarian stock exchange” JSA; Payment of all interests due on Law for Arrangement of Non-served Credits (LANC) of legal entities to the state. Today part of Karakachans practices its traditional occupation – stockbreeding. Georgi Grivkov (a Karakachan) breeds 1500 sheep in two sheep-pens, situated in the semimountain region of the town of Kotel, the village of Medven. He possesses 3000 decares land, obtained through buying, 1500 decares of which uses for growing of fodder crops for his own farm needs. The other 1500 decares are common lands, pastures and meadows, used for animals’ grazing. With the last changes in The Law for ownership and use of agricultural lands from February 6, 2007 municipalities have right to render for use municipality’s common lands and pastures to farmers, who possess ruminants. Rendering is done by the policy described in the Law, while the municipality councils decide per livestock head how much land will render, whether farmers will cooperate, аssociate and etc. Themselves depending on the municipality land quantity and the regional special features. In this way Georgi obtained the right to use directly about 1000 decares more from the municipal common lands and pastures. Another typical Karakachans representative, who in the last years practices his forefathers’ occupation is Nikola Yanev from the village of Samuilovo, Sliven District. In his farm, which he has built on land, bought with own resources, are bred 200 sheep heads. The farm is built on area of 5 decares and is situated in proximity of the village. The gained milk is sold for processing in the near dairy. In addition Nikola possesses 85 decares land, bought also with own resources, where he grows wheat and barley for his own farm needs meeting. For sheep grazing is used the municipal common lands and pastures, which are rather limited as area. Karakachans’ association in Sliven and the central leadership of Federation organize every year a fair in countryside Karandila beside the town of Sliven, where beside the former nomads’ culture popularization are discussed also the contemporary problems of Karakachans’ community in Bulgaria, while is done an attempt public opinion to be involved not only in Bulgaria, but also in Greece. 6 5. Key information sources and references that will be used. 7