Legislating for pastoralism: lessons from West Africa

1. International Conference of the Future of Pastoralism in Africa Future Agricultures Consortium & the Feinstein Institute Centre, Tufts University Addis Ababa, 21-23March 2011 Legislating for pastoralism: lessons from West Africa Ced Hesse International Institute for Environment and Development Photo: Marie Monimart

2. National, bi-lateral & regional pastoral legislation Regional • ECOWAS: 1998 Heads of State of Decision A/DEC.5/10/98 regulating transhumance between ECOWAS member States – International Certificate of Transhumance Bi-lateral • Protocol between Burkina Faso and Niger to establish a framework of consultation on cross-border transhumance (2003) • Agreement between Ivory Coast and Mali to regulate cross-border transhumance (1994) National • Guinea: Pastoral Code (1995) • Mauritania: Pastoral Code (2000) • Mali: Pastoral Charter (2001) • Burkina Faso: Pastoral Law (2003) • Niger: Pastoral Ordinance (2009); Rural Code (1993) Photo: Marie Monimart

3. Key provisions...many positives Legal protection of mobility “… Pastoral mobility is protected under all circumstances and can only be limited temporarily and for reasons of safety of animals and crops….” (Mauritania, Art 10). “… mobility is a fundamental right of herders, nomadic pastoralists and transhumants, a right recognized and guaranteed by the State and local government authorities…” (Niger, Art 3). Legal protection from encroachment • “Pastoral areas are unalienable, unprescribable common domains reserved exclusively for pastoral activities.” (Mauritania, Art.13) • “Subject to provisions within this law, all forms of exclusive appropriation of pastoral areas of the public domain of the State of of Local Government is forbidden.” (Niger, Art 5) Photo: Steve Anderson

4. Key provisions...more positives Legal recognition of customary rules and practices • Priority, not exclusive, rights in home areas • Negotiated rights in other areas – e.g. access to crop residues, water • Conflict management though local institutions before judiciary Devolved authority for resource management • Local government bye laws , local conventions with pastoral associations Legal recognition of pastoralism as productive form of land use “...Productive pastoral land use is composed of regular and extended pastoral activity on public, government and local government land accompanied by traditional and modern development activities and/or measures to preserve or restore the environment.”(Mali, Art 49) Photo: Steve Anderson

5. Key provisions...but also negatives • Top-down technocratic planning • “In special grazing reserves, only those pastoralists with permission or a title to remain have access to pastoral resources” (Burkina, Art 13). • “Special grazing reserves …are integrated into the domain of the State who then surveys, demarcates and registers these areas in its name” (Burkina, Art 18). • “Conditions of occupation and use of special grazing areas are specified in a management plan whose conditions are fixed by decree” (Burkina, Art 20). At Regional level: rigid pre-determined planning by governments on transhumance dates and itinerary. Photo: Steve Anderson

6. What lessons? Lack of political will • Lack belief – persistence of resource scarcity and resource degradation narratives • Low involvement of citizens: occupation of “space” by New Actors Decentralisation is a double edged sword • Presupposes capacity and understanding • Abuse of power Poor harmonisation with other laws Other factors that exacerbate • Lack of information • Inadequate judicial system • Poorly organised pastoral constituency

7. Going forward Power issues (politics) • Strong pastoral constituency • Generation and gender • Effective devolution of authority • Greater integration of customary & statutory Knowledge issues (“technical”) • Research to shape policy & practice • Improving understanding of dynamics, challenging narratives • New knowledge – TEV, comparative returns Photo: Steve Anderson