Paper short abstract:

In rural villages along the Burkina Faso-Mali border land conflicts come in diverse forms and are caused by many drivers, but all play a large role in rural life. The customary mechanism of land conflict resolution is still preferred over formal rules that are viewed as slow, complex and corrupted.

Paper long abstract:

This paper examines formal and informal methods of managing land conflicts in rural communities along the Burkina Faso-Mali border. Data collection assessed the most common disputes and conflict resolution mechanisms in the study areas through: 1) a large-N survey to investigate common conflict types; 2) key informant interviews with community gatekeepers, government workers and law enforcement officials (such as magistrates and prefects); and 3) focus group discussions with adult men and women from selected communities to assess their perceptions of land issues and behaviour in response to same.

The data reveal that land conflicts were the most common conflict-type in both Burkina Faso (47%) and Mali (46%). Dispute resolution mechanisms were generally customary, managed and implemented primarily by the village chief and the land chief. Respondents preferred the customary system for its focus on social cohesion. They avoid formal dispute resolution mechanisms and use them as a last resort when the customary system fails. Respondents saw the formal system as slow, fear-based, distant, complex and corrupt. They also see it as responsible for entrenching local level social conflict, even if it manages to reach a resolution with respect to a particular land dispute.

Though the customary and formal systems are currently pitted against one another, there is another model. As has been done in the former-tribal areas of Pakistan with the jirga system there, the state could preside over the customary system, ensuring basic fairness, while allowing that system to do what it does best: prevent conflict through long-lasting resolutions.