Land laws for the people, by the people: a new approach in Burkina Faso

In the pastoral zone of Samorogouan, Burkina Faso, local village authorities and farmer organisations have developed a new approach to land management. Through a process of consultation, they have formulated a set of management rules to improve tenure security.

In the 1970’s, land was given to the government to establish a common pastoral zone. In the 1980’s and 1990’s the indigenous population challenged their parents’ agreements in an effort to regain control over this land. Rapid immigration to the area has further increased conflict and disagreement over land access and ownership. This conflict is difficult to resolve, since the status of the land is unclear under national law or customary rights. National laws offer few solutions as they are not widely known nor effectively implemented.

Since 2000, the growing awareness of the increasing pressures on natural resources and of escalating conflict between the different social groups in Samorogouan drove local actors to take action. Research from the International Institute for Environment and Development, UK, and SNV Netherlands Development Organisation in Burkina Faso reviews how local groups began a process of reconciliation and cooperation to create a locally applied legal framework for land tenure. This process was supported by all groups using the land.

The research shows:

• People realised that interventions by state services and authorities were inappropriate. This was the main reason for forming new land rules.
• Local organisations collaborated with authorities and technical support services to investigate new solutions. The process focused on decentralisation of land ownership, livestock rearing and the forestry sector.
• Village land management commissions got this ownership: debates were organised to ensure that views of all people were represented.
• The proposed new rules should comply with national legislation and international laws: legal advisors worked with administrative authorities to finalise these rules that were endorsed by a prefectoral decree.

The experiences in Samorogouan provide an example of a successful local response to inclusive and sustainable natural resource management. However, whilst the ratification of the new land rules represents a significant achievement, the process remains fragile. Land management is a delicate matter in a region supporting a variety of land use activities. Using the lessons learned so far will help to maintain the success of the project. 

Furthermore, the land management commissions will be required to enforce these new rules. The resolution of future land conflicts depends on their ability to fulfill their new mandate, sanctioned by customary and administrative authorities; ensuring equal representation for all their members will be particularly important. They can achieve this, provided that:

• The government recognises that people use the ‘pastoral area’ for a variety of purposes and that management of village lands and pastoral infrastructures is better in the hands of decentralised organisations.
• All local and national actors take the sanctioned rules as basis for national resource governance.
• Everyone realises that their application is the real test and continue to seek ecologically and socially sustainable modes of management.
• Village land management commissions must receive the skills and funds to successfully implement and enforce their management rules.

Source(s):
‘From colonisation to consultation: Regulating use of a pastoral zone in Samorogouan, Burkina Faso’, IIED issue paper 129, by J. Nelen, N. Traoré, M. Ouattara, 2004 Full document.

Funded by: SNV Netherlands Development Organisation, the Netherlands

id21 Research Highlight: 21 July 2005

Further Information:
SNV Burkina Regional Office
B.P. 1206
Bobo-Dioulasso
Burkina Faso

Tel: + 226 (0) 20 97 21 91
Fax: + 226 (0) 20 97 11 94
Contact the contributor: snvbobo@fasonet.bf

International Institute for Environment and Development, UK

SNV Netherlands Development Organisation, Burkina Faso

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'The crisis of land distribution in Southern Africa'

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