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Cattle Trail Laws and Pastoral Mobility Rights in West Africa

This article explores the legal frameworks for cattle trails and pastoral mobility rights in West Africa, including key provisions and features of pasto-ral laws and regional agreements. It discusses the recognition and protection of mobility rights, priority use rights over resources, and productive pastoral land use. The article also highlights the importance of bi-lateral agreements and the ECOWAS International Transhumance Certificate in facilitating cross-border transhumance.

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Cattle Trail Laws and Pastoral Mobility Rights in West Africa

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  1. The Spanish StateAct 3/95 of 23 March on Cattle Trails The Act provides a legal system for cattle trails Key provisions • Cattle trails are public domain assets of the Autonomous Regions and, consequently, are unalienable, unprescribable and unattachable. • Cattle trails may be used by other compatible and complimentary activities (priority given to cattle movement) that respect principles of sustainable development and respect for the environment, scenery and natural and cultural heritage. • The Autonomous Regions are responsible for conserving and updating the cattle trail network as well as guaranteeing their public use. • They are also responsible for classifying, surveying and marking the boundaries. • Only those cattle trails which are unsuitable for the movement of cattle can be de-classified. • The creation of a National Cattle Trail Network..including trails for cross-border movement managed by the Ministry of Agriculture, Fish and Food.

  2. Key features of pastoral laws – West Africa 1. Recognition and protection of mobility Pastoral Charter (Mali) • “Throughout the country, livestock may be moved for sedentary livestock keeping, transhumant livestock keeping or nomadic livestock keeping” (Art 14). • “Livestock mobility takes place on livestock corridors. These are local corridors and transhumant corridors (Art 15).  • “Local government is responsible for managing livestock corridors with the help of pastoral organisations and in collaboration with all concerned stakeholders” (Art 16). • “Any form of occupation, blockage or use of a livestock corridor or any infringement whatsoever is strictly forbidden” (Art 17). Pastoral Law (Mauritania) • “Pastoral mobility is protected under all circumstances and can only be limited temporarily and for reasons of the safety of animals and crops, and this in accordance with the provisions of the law” (Art 10).

  3. Key features of pastoral laws West Africa - continued 2. Recognition of priority use rights over resources Rural Code (Niger) • “Priority use rights over natural resources situated in those zones defined as “home areas” (Art 28). 3. Recognition of “productive” pastoral land use Pastoral Charter (Mali) • Productive pastoral land use is defined as “the regular and long-standing use of an area for pastoral activities on public land involving customary or modern improvements and/or activities seeking to protect or restore the environment” (Art 49).

  4. Regional and bi-lateral agreements • 1988 Accord sur la transhumance – Burkina Faso and Mali • 1988 Protocol d’accord en matière de transit du bétail – Niger and Mali • 1989 Accord sur la transhumance – Mauritanie and Mali • 1993 Accord zoo-sanitaire – Senegal and Mali • 2003 Protocole d’accord portant création d’un cadre de concertation entre le Burkina Faso et la République du Niger sur la transhumance transfrontalière

  5. Key features of bi-lateral agreements Relatively short documents (two to four pages) that set out the modalities for cross-border mobility. For example, the Protocol d’accord en matière de transit du bétail between Mali and Niger (1988) specifies: • Pastoralists wishing to enter Niger from Mali must hold a passport, border documents and vaccination / animal health certificates. • Cross-border transhumance is only authorised between the months of November and April, and not exceeding a period of 30 days. • Specific entry and exit points and the livestock corridors by which they are obliged to travel. • Transhumant pastoralists are protected by the host country laws which they must respect.

  6. ECOWAS International Transhumance Certificate (1998) • Regional framework for cross-border transhumance between 15 member states (Benin, Burkina Faso, Cape Verde, Côte d'Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo.[1] • Specifies certain conditions - the chief of which is the granting of an International Transhumance Certificate (ITC). • The ITC aims to: • Control transhumant movements – pastoralists have to inform government authorities of their itinerary, the border posts they will use; the ITC requires minimum of 2 herders and 1 per 50 head of livestock). • Assure the protection of animal health of local herds – pastoralists have to provide evidence of vaccinations, etc. • Inform the populations of ‘welcoming areas’ of the arrival of transhumant herders. • Rights of transhumant herders protected by host country legislation; transhumants have to abide by host country laws • Conflict resolution – establishment of Conciliation Commissions made up of herders, farmers, local government and other concerned parties

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