Of all issues in African local politics, land remains perhaps the most prominent one. (Lund, 2001: 9)

The Borgou Department is a large administrative area with eight communes and 43 districts spanning over 25,856 square kilometers. The department primarily comprises the Bariba, Dendi, Boo (about 40%) and Fulani ethnic groups (about 33%).[1] The majority of the first three groups are farmers, and the Fulani are primarily nomadic or semi-nomadic cattle and sheepherders.

The Borgou Department in Northern Benin has seen communal conflict over the past few years. There are escalating tensions between farmers and herders, even though there has also been more violence between the supporters of the former president Boni Yayi and those of the sitting President Patrice Talon (particularly in 2019 and 2020).

Communal conflicts between farmers and herders in Borgou have multiple driving forces. This report explores one of these: changing land management systems. It is argued that recent changes in land management are in any event likely to become a stronger driver of tensions in Borgou in the near future.

Exploring land management systems and their impact on the Borgou is relevant for two reasons.

First, there is simply very little literature on changing land management systems in Benin. For example, in August 2017 Benin’s authorities modified the 2013 Land Code[2] to limit land conflicts and to modernize the institutional framework governing land acquisition and management.[3] But exactly what the impact of this change has been has not been fully explored.

Second, Northern Benin has experienced the problem of increasing violent extremist activity. While this activity is concentrated in the Alibori and Atacora regions, it is conceivable that once it has become established it might further escalate, with Borgou being a possible area of expansion. Being able to focus on vulnerabilities with the aim of addressing them is important for Benin’s stability.

The problem: tensions, land reform and traditional authorities

Research and media reports point to an increase in both the number and intensity of farmer-herder confrontations in the Borgou Department over the past five years.

From the literature, it is apparent that this shift is driven by two factors. On the one hand, it is the effect of the demographic growth of and the increase in the cattle population which results in more competition for land.[4] On the other hand, the introduction of land reforms by successive governments has tended to reinforce the feeling of insecurity among essentially illiterate farmers and herders.

This report explores this last factor.

The last land-reform process in Benin created a National Agency for Property and Land Management (ANDF), centralising national land management systems in order to attain more transparency and traceability. The modified Land Code (2017) put an end to the longstanding coexistence of two land management systems: on the one hand, the traditional one characterized by orality and customs, and, on the other, the administrative management system that included housing permits and the land registry regime.[5] That old dual system has now been replaced by a unique administrative system in which the land registry and land certificates are central features thereof.

These changes are relevant for farmer-herder relations in Benin.[6] In Northern Benin, access to grazing land and water has always been a contested resource with strong competition as a result of increased scarcity. Traditional rulers, chiefs, and kings had long played a role in providing customary land management such as access to regulation, conflict mitigation, settlement, and ownership recognition. Moreover, they also help to resolve land conflicts when they emerge.

The reason for specifically considering the Borgou Department is that here the traditional chieftaincy system is significantly more influential than in other areas of Northern Benin.[7] But how the new land systems impact the role of traditional authorities is not yet clear. It is likewise also not clear how this might impact their ability to mediate between farmers and herders.

Goal and approach

This report presents and analyses data on people’s perceptions of the recent changes and the role of traditional authorities. The analysis is based on 44 interviews and 4 focus group discussions conducted in November-December 2021, March-June 2022 and October 2022 in the eight communes and three arrondissements of the Borgou Department. The data allows for three conclusions to be drawn.

First, according to those interviewed, land reforms are one of the reasons for increased tensions in Borgou. The land reforms have benefited economic and political elites who use advantageous connections and an ability to navigate formal structures to have their own way. Moreover, negotiated land usage is being undermined by land reforms, even though it constituted an important structure for negotiated relations between farmers and herders.

Second, appointed governmental officials and the security forces are not being seen in a positive light when it comes to their ability to address land and farmer-herder conflicts. Both of these findings combined are very significant. The new Land Law seems to limit the ability of traditional authorities to mediate conflicts while it strengthens formal state structures in issuing rulings and providing solutions.

However, a third key observation is that people point to an emerging layer of authority that plays a positive role: the village chiefs. Chefs de villages et quartier are true hybrid actors; they combine a customary traditional role with an elected state-sanctioned role. The population of Borgou views these chiefs as being legitimate under customary practices and administratively empowered and hence acceptable. These chiefs are believed to be positively contributing to resolving farmer-herder tensions and managing land reform. This is an important finding that provides a clear entry point to improve informal dispute settlement in Borgou.

Structure

This report is structured around four sections. The first section shows how land reform has unfolded in Benin over the last 20 years and how that has impacted the role of customary actors. Section 2 presents qualitative data where farmers, herders and customary actors highlight what they see as the important consequences of land reform for rising tensions in Borgou. Section 3 explores which conflict resolution mechanisms exist, which actors are involved and how these are perceived. Section 4 finally presents five recommendations.