Agriculture Reference
In-Depth Information
ongoing and the government is yet to fully implement all actions in the plans
(Opoku-Ankomah et al., 2006).
Burkina Faso elaborated and implemented a law concerning the Land and
Property Reform in 1996 (Rèforme agraire et fonciëre RAF). The 5th article
of the RAF names the State as the owner of water. But, in reality, this
statement remains only a simple claim, as a real juridical prerogative would
not be accepted without great resistance by the customary water users
(Zone, 2002) who claim to have ownership to the resource.
In Burkina, rural water management realities appear quite similar to Ghana.
The resource belongs to the entire community, but can be used for personal
benefit so long as the collective good is not harmed (Ramatou, 2002 cited in
Lautze et al., 2008). In practice, water use is regulated by traditional
authorities who govern the resource according to the customary values; that
is, water is a spiritual resource which is owned by the community (Zone,
2002).
The customary law of the Mossi (the largest single ethnic group of Burkina
Faso, constituting 48 percent of the total population) has community
considerations for land and water, i.e. the right of ‚ownership‛ of land is a
‚collective right‛ to free access, as long as the collective good is not harmed.
This law on land is similarly applied to traditional management of water
resources, ensuring that water is a ‚collective right‛, of free access and
ensured that every community has its ‚slice‛ of river, stream and/or lake
(Massa and Madiega, 1995).
According to customary practice the use of water resources is governed by
specific prohibitions and taboos that are associated with totems.
Prohibitions are considered more important than taboos, as they have a
larger sphere of application. The prohibitions represent what is not
authorized by the community at the level of the village, thus what everybody
forbids. The following prohibitions may apply in villages and can be
sanctioned by custom:
Prohibition to sell water or refuse to let it be drawn from one's own
well;
Prohibition to dirty the surroundings of the well; and
Prohibition to dig a well without the agreement of the relevant
customary leaders.
Land Rights in Burkina Faso
In Burkina Faso, the current legal policies on land and natural resources are
determined by two main factors: the present legislation (mainly expressed in
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