Contribution of PNGT2-3 to the generalization of the application of law 034-2009 - An on the Burkina Faso rural regime: Success - Insufficiency and lessons learned

Issifou Ganou, Moussa Ouedraogo, Suleymane Nassa

Since the recognition of the right to property in the 1991 Constitution (the right to property is guaranteed) land tenure has been a major challenge for development in Burkina Faso. Local land conflicts are gaining momentum as access to scarce land resources diminishes. Following an extensive consultation process the Government adopted a new law on rural land - Law No. 034-2009 / AN of 16 June 2009 on rural land tenure (RFR-2009) in June 2009 to ensure access rural land investment promotion and sustainable management of natural resources. A major innovation of this new law on rural land is the central role conferred on local actors including traditional and traditional leaders in the land security process. This new law provides a mechanism for participatory management of local natural resources through the participatory development of the local land charter which sets out procedures for the recognition of common-use land and various forms of customary land-use rights. Several donors including the Millennium Challenge Account (MCA) (United States) the French Development Agency (AFD) and the World Bank have provided support to the Government for the design and implementation of the new law. As local people became aware of the benefits of implementing this new law on rural land tenure there was growing pressure for its spread throughout the country. This situation has been amplified by the recent approval of a Framework Law on Agrarian and Land Reorganization in July 2012 which incorporates Law 034-2009 / AN on rural land tenure. It is therefore in this context and in terms of response to needs that since its first phase and up to its third phase the Second National Program for Land Management (PNGT2) has always considered the issue of rural land reform as a priority intervention axis. The present note is a capitalization of the achievements of the program (PNGT2) to the rural land reform and the generalization of the application of the law on the rural land in Burkina Faso.

Event: Land Governance in an Interconnected World_Annual World Bank Conference on Land and Poverty_2018

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Document type:Contribution of PNGT2-3 to the generalization of the application of law 034-2009 - An on the Burkina Faso rural regime: Success - Insufficiency and lessons learned (48 kB - pdf)