Burkina Faso

Case study in the framework of the project

ClimMig: Climate-related migration and the need for new normative and institutional

frameworks

Written by

Pauline Brücker & François Gemenne

Paris, 2013

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Introduction ........................................................................................................................... 4

1 Burkina Faso – clarifying the context of the case study .................................................. 6

1.1 Climate and environmental change........................................................................ 6

1.1.1 Key characteristics of Burkina Faso ................................................................... 6

1.1.2 Droughts, floods and desertification ................................................................... 7

1.1.3 Exposure to hazards, vulnerabilities and adaptation strategies .......................... 9

1.2 Migration: General demographic and socio-economic context ............................. 12

1.2.1 Historical overview of migration flows in Burkina Faso ..................................... 12

1.2.2 Quantitative description and qualitative analysis of current migration patterns . 13

1.2.2.1 Migration routes........................................................................................ 13

1.2.2.2 Migrants’ profiles ...................................................................................... 14

1.2.3 The environment as a migratory factor ............................................................. 15

1.3 Human rights situation and political context ......................................................... 16

1.3.1 Political context ................................................................................................ 16

1.3.2 Human rights challenges.................................................................................. 17

1.3.3 Human rights, climate change and migration.................................................... 21

1.4 Conclusions of chapter 2...................................................................................... 22

2 Legal, Normative and Institutional Frameworks applicable to Burkina Faso and the role of the EU and Austria – and Analysis .................................................................................. 23

2.1 Burkina Faso national normative and institutional framework: Management and protection of internal displacement................................................................................... 23

2.1.1 Do frameworks of Burkina Faso provide for the protection of displaced persons? 23

2.1.2 How do implementation and reality look like?................................................... 30

2.1.3 The Role of the European Union (EU).............................................................. 31

2.2 Traité de Rome (1er FED 1958-63)...................................................................... 32

2.3 Accord de Yaoundé I (2ème FED 1964-69) ......................................................... 32

2.4 Accord de Yaoundé II (3ème FED 1970-74) ........................................................ 32

2.5 Accord de Lomé II (1980-1985- 5ème FED)......................................................... 32

2.6 Accord de Lomé III (1985-1990- 6ème FED)........................................................ 32

2.7 Accord de Lomé IV (1990-1995- 7ème FED) ....................................................... 32

2.8 Accord de Lomé IV bis (1995-2000- 8ème FED).................................................. 32

2.9 Accord de Cotonou (2000-2020) - 9ème FED 2001 - 2007 .................................. 32

2.10 Accord de Cotonou (2000-2020) - 10ème FED 2008-2013 .................................. 32

2.2 Western Africa normative and institutional framework: management and protection of external displacement and migration within the region ................................................. 33

2.2.1 Legislative, normative and institutional frameworks of neighbouring countries . 33

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2.2.1.1 Rise of multilateral migration management in West Africa: the linkages between migration and development ........................................................................ 35

2.2.1.2 Securitisation and restriction of migration policies .................................... 36

2.2.2 How do implementation and reality look like?................................................... 36

2.2.3 The Role of the EU........................................................................................... 37

2.3 External displacement and migration outside of the region – to Europe ............... 38

2.4 “Migration as adaptation” ..................................................................................... 38

2.4.1 Within Burkina Faso ......................................................................................... 38

2.4.2 Within West Africa............................................................................................ 39

2.4.3 Outside West Africa, focus on the EU .............................................................. 39

2.4.4 Role of the EU.................................................................................................. 39

3 Concluding analysis and summary of main important findings...................................... 39

Bibliography ........................................................................................................................ 41

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Introduction

This case study forms part of the research project “ClimMig: Climate-related migration and the need for new normative and institutional frameworks”.1 The ClimMig research project aims inter alia at describing existing legal, normative and institutional frameworks of relevance to climate-/environment-related migration and displacement in six case study countries. Furthermore, the role of the EU and Austria with regard to the case study country is explored.

Selection of case studies

The case studies relate to states with which Austria respectively the European Union (EU) hold relationships via legal, normative and institutional frameworks. The EU member states including Austria are regarded primarily as a region, which possesses adequate adaptive capacity and is more likely to become a reception area or an area, which can support countries of the Global South in adapting to the impacts of climate change – and thereby in addressing the root causes of forced migration. The case studies were selected on the basis of regional heterogeneity, affectedness by the impacts of climate change, ties to Austria/EU (e.g. via the Austrian Development Agency, Cotonou Agreement), and coverage of different scenarios/patterns.

The case study countries are Burkina Faso (Western Africa, Sahel zone); Mozambique (South Eastern Africa); Albania (South Eastern Europe); Bhutan (South Eastern Asia); Samoa (Pacific Islands) and Nicaragua (Central America).

Objectives of the case study

The first step of the case study is to describe elements determining the vulnerability of the case study country and of its population. Climate change may have a different impact on a society depending on various factors including exposure to hazards, pre-existing inequalities, or the political and economic situation. In the case study it is looked at the following dimensions of vulnerability:

• Exposure to climate and environmental change

• Socio-economic context

• Political context

• Equality and non-discrimination

• Adaptive capacity

For every case study, it is then assessed which displacement/migratory scenarios exist already or could become relevant in the future. Several patterns might take place within one country.

Legal, normative and institutional frameworks applying to the case study country which are of relevance to migration as adaptation and forced forms of migration are analysed, e.g. whether they offer adequate protection, whether they support persons who want to make migration works as an adaptation mechanism. In doing so, it is analysed what are the global, regional and national legal and institutional frameworks relevant for different forms of climate-related migration and whether they include provisions regarding “migration as adaptation”. It is further explored how (if at all) these frameworks address human rights challenges arising in the context of environmental migration including ‘migration as adaptation’, (internal and external) displacement and in the context of relocation and resettlement. In addition, it is analysed what are the gaps and challenges of the frameworks in place and whether they are adequate in order to meet human rights standards. A special focus is put on the role of the EU and Austria as example of an EU member state. Frameworks are classified as being 1 For details on the project, see project website available at http://www.humanrights.at/climmig/.

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adequate if they take human rights into account and/or follow a human rights-based approach (HRBA), offer assistance and protection to persons displaced, offer assistance and protection to all forms of climate-related migration, offer not only temporary but durable solutions, and enable migration as adaptation.

Methodology

The case study relies almost exclusively on desktop research. Therefore the assessment of the gaps and adequacy of the legal, normative and institutional framework is somewhat limited. What is more, the actual implementation of norms and of the policies could not be assessed in the scope of this project.

Structure

This case study is structured as follows:

Clarifying the context of the case study : This includes an overview of important challenges concerning climate and environmental change and the specific climatic difficulties as a result of the geographical situation. It further presents existing and future possible impacts of climate change on the population and environment in Burkina Faso and an analysis of the vulnerabilities of the population and communities. In a next part follows a description of the migration situation including a presentation of the major migration flows (internal migration, external migration, destination countries). The remainder of this chapter concentrates on the human rights situation in the country, highlights the impact of climate change on the human rights situation and, vice versa, the relevance of human rights for environmental and climate change, and describes identified human rights challenges in the context of climate and environmental related migration. This chapter is concluded by a summary of conclusions drawn from the analysis of vulnerabilities and the existing migration flows.

Analysis of the legal, normative and institutional frameworks applicable to Burkina Faso, which are of relevance to climate-related migration: This chapter elaborates on the existing frameworks including international treaties, presents regional instruments and describes existing disaster management procedures in the country. Another part focuses on existing adaptation strategies to climate change and sheds light on the role of the EU-Burkina Faso relations in this context. Furthermore, this chapter investigates frameworks related to migration, asylum and displacement, human rights protection, disaster risk reduction/management and adaptation.

At the end, the main conclusions of the case study are summarised.

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1 Burkina Faso – clarifying the context of the case study

1.1 Climate and environmental change

1.1.1 Key characteristics of Burkina Faso

Burkina Faso is a landlocked country in the Sahel region of Western Africa. It is surrounded by six countries: Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Côte d'Ivoire to the southwest.

The country is shaped by two different landscapes: The larger part of the countryside is covered by a peneplain but the southwest forms a sandstone massif, where the highest peak, Ténakourou, is found at an elevation of 749 metres. Burkina Faso remains a relatively flat country with an average altitude of 400 metres.

Due to its geographical position, Burkina Faso is characterised by a dry tropical climate, which alternates between a short rainy season and a long dry season. Yet, there are three climate zones in Burkina Faso: the Sahel North climate in the north (< 600 mm of rain), the Sudan-Sahel climate in the centre of the country (between 900 and 600 mm of rain) and Sudanese in the South (>900 mm of rain). The country is facing frequent variability in rain patterns, both in volume and temporality.

Figure 1: Map of Burkina Faso showing mean annual rainfall at the department level, 1960-1998

Source: Henry et al., 2004.

Burkina Faso faces a strong climate uncertainty due to the vicinity of the Sahel. Yet, it remains very difficult to impute variability and changes in the climate to either natural or man made factors. On the one hand, its location within the confines of the Sahara desert makes the country sensitive to climate uncertainty and seasonal and rain volume irregularity. On the other hand, projections predict a temperature rise in the coming years induced by climate

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change, of +0.8°C by 2025, and +1.7°C by 2050. 2 This increase will affect seasonal variability, especially risks of drought during the hottest months of the year (December, January, August and September). Rain patterns will be affected by climate change, from -3.4 per cent by 2025 and -7.3 per cent by 2050.3 July, August and September might face 20 per cent to 30 of rainfall decrease.

During the last four decades, sudden onset disasters have increased and catalysed the degradation of the natural environment of Burkina Faso.4 Droughts and floods, which are of particular interest regarding displacement and migration patterns, account for 45 per cent of natural disasters in Burkina Faso during the last decades (Fig. 2). Desertification is a matter of high preoccupation in Burkina Faso and amongst the researcher community but the lack of data on soil quality and fertility hamper the quantification of the impacts of the phenomenon.

Figure 2: Reported natural disasters in Burkina Faso, 1980-2008

Drought

17%

Epidemic

47%

Flood

28%

Insect

Infestation

8%

Source: GFDRR, 2011 from "EM-DAT: The OFDA/CRED international disaster database, Université catholique de Louvain, Brussels.

1.1.2 Droughts, floods and desertification

Droughts have always been reported as a recurrent phenomenon in the Sahel region. Since 1870, famine induced by droughts or epidemics have been a key driver of demographic changes, through losses of lives but also migration – especially forced migration of pastoral groups.5 Burkina Faso has faced extremely severe droughts since the 1970s and 1980s devastating in terms of famine, displacement and poverty increase.6 Table 1 summarises the impacts of the major droughts of the century.

In a country, where 90 per cent of the population is highly dependent on agriculture as a livelihood, droughts may have tremendous impacts. Droughts decrease yields in specific cultures such as corn, cotton and yam, which require an important amount of water. Consequent losses of livelihoods may trigger migration movements, particularly from the

2 Government of Burkina Faso (2007) « Programme d’action national d’adaptation à la variabilité et au changements

climatiques (PANA du Burkina Faso) », Ministère de l’environnement et du cadre de vie, Secrétariat permanent du Conedd, Conseil national pour l’environnement et le développement durable, p. 71.

3 Ibid. 4 Ibid. 5 B. A. Gado (1993), Une histoire des famines au Sahel. Etude des grandes crises alimentaires (XIXème-XXème siècle),

Paris: l’Harmattan. 6 A. Dubresson, J.Y. Marchal, J.P. Raison (1994). Les Afriques au sud du Sahara, Paris: Belin-Reclus, p. 480.

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Central Plateau (also called the Mossi plateau) to eastern and western areas of the country. Livelihood diversification and increasing economical opportunities are the major pull factors of migrants.

Droughts also affect nomadic patterns. Transhumance and nomadism have indeed expanded beyond their traditional geographical areas of destination.7 It should also be noted that rarefaction of resources and possible competition for its access may induce and create tensions between nomadic and sedentary communities.

Table 1: Impacts and damages of droughts 1908-2005

Affected populations Climate crisis

Total affected Vulnerable groups

Number of deaths

% of cereal deficit

Cereal deficit in tons

Province number

1908 - - 50,000 - - -

1921 - - - 20 - -

1971/1972 - 325,000 - 80 - -

1983-1984 2,500,000 500,000 - - 163,000 10/30

1990-1991 2,500,000 - - - 127,250 24/30

1995-1996 692,000 - - - 24,000 14/458

1997-1998 910,000 - - 14 160,000 17/45

2000-2001 1,000,000 - - - - 25/45

2004-2005 - - - - 436,013 15/45

Source: CONASUR, 2002 (in PANA, GOBF, 2007).

As the Sahel region is often identified as an arid region, highly sensitive to droughts and desertification, frequent floods is one of the major sudden disasters the authorities have to face and manage each year.

The impacts of the major floods from 1988-1999 are listed hereafter (table 2). The floods in 2009, for instance, have affected more than 150,000 persons in Ouagadougou and damages amounted to 130million USD.9 As for droughts, the impacts of climate disruption are numerous and can seriously affect households’ livelihoods. The destruction of houses and forced displacement are great challenges to which emergency and development actors must respond regularly.

Table 2: Impact and damages caused by floods 1988-1999

Years Number of homeless

Number of deaths

Number of injured

Numbers of destroyed housing units

Inundated superficies (ha)

Numbers of dams destroyed

1988 23,324 16 - 1,145 - Unknown

7 Government of Burkina Faso (2007) « Programme d’action national d’adaptation à la variabilité et au changements

climatiques (PANA du Burkina Faso) », Ministère de l’environnement et du cadre de vie, Secrétariat permanent du Conedd, Conseil national pour l’environnement et le développement durable, p. 71.

8 The total number of provinces changed from 30 to 45 starting from 1993. 9 World Bank (2011), Burkina Faso, Disaster Risk Reduction Country note, p. 28.

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1992 5,485 6 - 3,133 - 14

1994 74,080 22 4 21,000 106,164 18

1999 51,342 6 18 2,188 - Unknown

Total 154,231 50 >22 27,465 - >32

Source: MEE/Programme GIRE, 2000 (in GoBF, 2007).

Apart from droughts and floods, desertification remains a major challenge affecting Burkina Faso as well as neighbouring countries across the Sahel. The phenomenon has significantly increased since the 1970s but few policies and actions were undertaken to respond to the growing threat.10 Consequently, land continues to deteriorate, which is exacerbated by climate change. The region around Ouagadougou and the Mossi Plateau is particularly affected, partly due to growing land pressure in the area.11 However, the fact that there is very little data on land desertification and degradation prevents research on their impact on livelihoods and migration. Knowledge on vulnerabilities and environmentally related migration would definitely benefit from a better understanding of land quality and fertility.

Table 3: Risk Profile of Burkina Faso

Hazard % of the population exposed

Ranking

Drought 0.22% 166th out of 184

Flood 0.09% 113th out of 162

Source: UNISDR, 2012.

1.1.3 Exposure to hazards, vulnerabilities and adap tation strategies

Burkina Faso's economy is based primarily on the rural sector (agriculture and livestock) representing an average 40 per cent of the GDP. It is the main source of income and employment for the majority of the population (over 80 per cent of the workforce), keeping in mind that Burkina Faso’s population is mainly living in rural areas with only 26.5 per cent of the population residing in urban areas.12 Agricultural production consists of subsistence farming (sorghum, millet, maize, rice and fonio) against other type of agricultural products (fruit and vegetables) and cotton. Despite sustained growth due to good economic performance (record cotton production and exports up), the prevalence of poverty remains very high. Economic growth remains heavily dependent on agriculture and rainfall.

Rural populations tend to be highly vulnerable to climatic shocks, as their livelihoods depend to a great extent on environmental conditions. Accordingly – and as explained in previous tables – individuals, groups and/or communities in Western Africa and, more particularly, the Sahel region are at high risk of facing external shocks related to climate disruption: they are extremely vulnerable and likely to suffer from hunger and increasing poverty.13 It remains difficult however to find precise data on the number of people affected per year by natural disasters. Yet, global and national climate projection suggests that climate change and

10 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the

Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012. 11 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 12 According to the 2011 figures, available on the United Nations Development Program website,

http://hdrstats.undp.org/en/countries/profiles/bfa.html (25.12.2012). 13 D. Maddison (2006) The perception of and adaptation to climate change in Africa. CEEPA discussion paper. Birmingham.

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uncertainties will aggravate the situation of agriculture in Africa.14 As climate change increases climate variability, reduces rainfall patterns and disrupts traditional meteorological conditions, it increases the vulnerability of households dependent on natural resources – be they farmers, herders or pastoralist communities. As already indicated, it is estimated that 74 per cent of the Burkina population live in rural areas15 – a relatively high figure if compared to urbanisation rates of neighbouring countries.

Burkina Faso’s population is therefore highly rural, dependent on natural resources for livelihoods, and therefore extremely sensitive to climate changes. Their vulnerability is often seriously increased by their lack of assets and sufficient food during the peak of the environmental crisis but also in its longer aftermath.16

Table 3 highlights the different impacts of climate changes on the economic sector and livelihoods.

Table 4: Impact of climate change on main sectors of activities and vulnerable population

Factors explaining changes and variability in the climate in connection with sector’s vulnerability

Main vulnerable sectors

Excessive rainfall

Decrease and variability of rainfall

Rise in temperatures

Increased wind speeds

Vulnerable groups

Water sector

Existing structures may be destroyed by heavy flooding. Siltation of lakes and waterways

Draining of wells and drainage wells; low filling of lakes; insufficient water for various uses; water stress aggravation

Draining of water bodies; Increase in water needs; Aggravated evaporation;

Increased evaporation of water bodies; siltation of lakes; water pollution

Rural populations, irrigated culture farmers

Agricultural sector

Low productivity, runoff and water erosion, rice production in flooded areas, crop destruction,

Disruption of the agricultural calendar; Reduction in agricultural output; Risks of extinction of species resilient to climate change; Water deficit for crops; Food insecurity

Degradation of agronomic condition of soils; Extension of farming areas to make up for low fields; Extinction of certain species; outbreak of crop pests; drop in market gardening output

Destruction of fruit trees; de-blossoming of crops; low production;

Small cereal farmers (women, youth)

Livestock sector

drowning of livestock in water, prevalence of moisture-related diseases

Fodder resource deficiencies, loss of livestock, water scarcity for livestock, drop in productivity

Poorer fodder quality; quick drainage of watering system

Poor water accessibility and fodder deficiencies

Small farmers, pregnant women and children

Source: SP/CONNED, 2006 (in GoBF, 2007 and World Bank, 2011).

The level of perception of individuals, communities and regions of study regarding these climatic changes is very heterogeneous.17 If the affected population can implement adaptation strategies to reduce its vulnerability to environmental changes, it is very much

14 J. Benhin, T. Deressa, A. Dinar, M. Diop, H. Eid Mohamed, S. El-Marsafawy, KY Fosu, R. Hassan, G.S. Jain, J. Kabubo-

Mariara, P. Kurukulasuriya, D. Maddison, A. Mahamadou, R. Mano, R. Mendelsohn , E. Molua, S. Ouda, M. Ouedraogo & S.N. Seo (2006) ‘Can african agriculture survive climate change?’ The World Bank Economic Review Vol 20, N°3, pp. 367–388.

15 CIA (2012) The World Factbook https://www.cia.gov/library/publications/the-world-factbook/index.html (19.12.2012). 16 17 Phone interview with Sabine Henry, op cit.

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influenced by the population’s perception of its risks. Different studies have undertaken local assessment of the level of perception of the changes and adaptation strategies implemented.

West et al. carried out fieldwork in the Central Plateau of Burkina Faso.18 The study reveals that farmers perceive seasonal rainfall as decreasing since the last thirty years – this perception is corroborated by meteorological stations’ rainfall records. As drought became a normal climatic condition of living, farmers incorporated adjustments in their agricultural systems that used to be punctual to their regular farming methods. For instance, the reduction of seasonal rainfall led households to cultivate lowland areas, thus subject to increasing land pressure and exploitation and potentially subject of conflict with pastoralist population.19 West et al. listed different other strategies of adaptation such as planting earlier in the season to benefit from the first rainfall; diversifying culture and increasing seeds more drought-tolerant; investing in soil and water conservation.20 Yet, the study also found out that climate changes were considerably undermining farmers’ confidence in their technique and traditional methods. Finally, migration remains one adaptation strategy in the studied area, especially amongst the youth.

In Northern Burkina Faso, Barbier et al. focused on the climate change-vulnerability nexus and analysed local adaptation strategies.21 Their findings confirm that farmers have adapted their practices over the last decades. Results are partially quite similar to West’s as they highlight the adoption of a wide range of techniques increasing crop yields and simultaneously decreasing yield variability.22 Micro water techniques were also adopted. Dry season vegetable cultures were also extended in order to reduce uncertainty due to rainfall patterns. Interestingly enough however, most of these changes in techniques were imputed to growing land scarcity and new market opportunities, rather than to climate variability.

The study also concludes that notwithstanding exogenous adaptation methods, migration remains and will remain a tool for increasing income and diversifying livelihoods of households, for those who can still afford the migration cost. Indeed, an external shock often induces losses of employment and income decrease, limiting therefore migration opportunities.23 At some point, extremely vulnerable households fall into the “migration trap” and do no longer have the resource to migrate.

The National Adaptation Programme for Action of Burkina Faso summarises the endogenous adaptation practices and is in line with literature findings.24 The adaptation strategies listed particularly mention diversification of agricultural production, decrease of culture highly dependent on water resources (i.e. yam) or shorter cycles of agriculture. Reduction of daily meals, postponement of community celebration and selling of assets are also strategies mentioned in the national plan, which we hardly find elsewhere. Migration is also mentioned as one strategy of adaptation.

It is widely acknowledged therefore that climate changes will have deep socio-economic impacts in Burkina Faso. Land degradation especially has serious impacts on livelihoods and agricultural production. Linkages between these impacts and migration have become increasingly acknowledged although the quantification of these flows constitutes methodological challenges.

18 F. Ouattara, C. Roncoli & CT West (2008) ‘Local perceptions and regional climate trends on the central plateau of Burkina

Faso’, in: Land degradation and Development, Vol. 2008, p. 16. 19 K. Ingram, P. Kirshen & C. Roncoli (2001) ‘The costs and risks of coping with drought: livelihoood impacts and farmers’

responses in Burkina Faso, in: Climate Research Vol. 19: 119–132; CT West, C. Roncoli, F. Ouattara (2008) ‘Local perceptions and regional climate trends on the central plateau of Burkina Faso’, in: Land degradation and Development, Vol. 2008, p. 16.

20 CT West, C. Roncoli, F. Ouattara (2008) ‘Local perceptions and regional climate trends on the central plateau of Burkina Faso’, in: Land degradation and Development, Vol. 2008, p. 16.

21 B. Barbier, H. Karambiri, B. Some, H. Yacouba & M. Zorome (2009) ‘Human vulnerability to climate variability in the Sahel: farmers' adaptation strategies in northern Burkina Faso’ , in : Environmental Management Vol 43:790-803.

22 CT West (2006) Pugkenga: Assessing the Sustainability of Household Extension and Fragmentation under Scenarios of Global Change. Ph.D. Dissertation, Tucson: The University of Arizona.

23 Ibid. 24 Government of Burkina Faso (2007) « Programme d’action national d’adaptation à la variabilité et au changements

climatiques (PANA du Burkina Faso) », Ministère de l’environnement et du cadre de vie, Secrétariat permanent du Conedd, Conseil national pour l’environnement et le développement durable, p. 71.

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1.2 Migration: General demographic and socio-econom ic context

Burkina Faso, as already mentioned, is one of the poorer countries in the world. Different methods are currently used to assess country development and overall demographic and socio-economic context. According to the Human Development Index (HDI), Burkina Faso rates 0.331, which gives the country a rank of 181 out of 187 countries with comparable data.25 The current life expectancy is 55.4 years while the mean years of schooling for an adult amount to 1.3 year. No information related to poverty, including the multidimensional poverty index can be found in the latest Human Development Report.26

We will present in this section data and analysis of migration in Burkina – i.e. both internal types of migration as well as transnational or international migration – to see how environmental factors and its socio-economic impacts can currently impact on human mobility. In order to apprehend this issue on a larger scale, we will also address historical considerations regarding Burkina Faso’s migration patterns.

1.2.1 Historical overview of migration flows in Bur kina Faso

Historical studies over the period 1900-1975 have highlighted that migration in Burkina Faso was highly circular and temporary.27 For Burkina Faso as well as its Western African neighbours, migration has been a way of life: livelihoods were essentially agriculture-based and people followed livestock and crops on a seasonal basis. Migration movements and regional integration were therefore strongly linked.

Cordell at al. highlight three main period of regional integration. From 1900-1960, under the French occupation, migrations were mainly forced movements, required by the colonial management of migration.28 Traditional migration patterns were distorted and replaced by forced migration flows obeying France’s interest, particularly linked to its investment in Ivory Coast.29 This regional yet exogenous migration management increased circular types of migration, for men in particular.

After the independence the first step of the national management of migration flows started from 1960-1970s. On the one hand, development programmes were widely put in place in rural areas to decrease rural out-migration to urban areas. The Voltaic development policy30 and the creation of the Regional Offices for Rural Development (ORD) for instance were implemented in that regard in the 1960s.31 Their objectives were, among others, to increase services to the population, to encourage the modernisation and commercialisation of agriculture.32 On the other hand, bilateral agreements were put in place with Ivory Coast to maintain circular migration between the two neighbours, essential to Burkinabe economy.

After the 1970s, migrations were mainly international as developed by Kabbanji.33 Intensification of regional migration policy and processes, particularly between Ivory Coast and Burkina Faso, increased migration flows between the neighbours. Until the late 1990s, migration flows from Burkina to Ivory Coast were extremely high and amounted probably to the highest cross-border migration rate of Western Africa: Burkinabe immigrants in Burkina Faso accounted for approx. 14,6 per cent of the total Ivorian population in 1998.34

25 According to the 2011 figures, available on the United Nations Development Program website,

http://hdrstats.undp.org/en/countries/profiles/bfa.html (25.12.2012). Yet, we know that Burkina Faso GNP per capita equals 1,078 USD per year – 1,178 for the GNI per capita per year (ibid).

26 Ibid. 27 D. Cordell, J. Gregory & V. Piché (1996) Hoe and Wage: A social history of Circular Migration System in West Africa,

Boulder, Colorado: Westview Press, p. 384. 28 Ibid. 29 Ibid. 30 The adjective « voltaic » comes from the former name of Burkina Faso, the Upper Volta. 31 C. Beauchemin & B. Schoumaker (2005) ‘Migration to Cities in Burkina Faso: Does the Level of Development in Sending

Areas Matter?’, in: World Development, Vol. 33, No. 7, pp. 1129–1152. 32 J. Gregory (1974) Underdevelopment, dependency and migration in Upper Volta. Unpublished PhD Thesis, Cornell

University. Quoted in Beauchemin C. & Schoumaker B. (2005). 33 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, 228 p. 34 B. Zanou (2001) Migration, Rapport d’analyse du RGPH-1998. Recensement Général de la population et de l'Habitation,

Abidjan : Institut National de la Statistique, p. 122.

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1.2.2 Quantitative description and qualitative anal ysis of current migration patterns

The different aspects of Burkina Faso’s migration patterns from the early 20th century to the 1990s have been comprehensively covered by social scientists. Since the 1990s, however, until today, slight changes in migration patterns were listed starting from a decrease in international migration, especially to Ivory Coast, an increase in rural-urban migration and a diversification of migrants’ profiles, especially regarding women.

1.2.2.1 Migration routes

Regional emigration of Burkinabe population is old and induces important migrations flows. Destinations are Ivory Coast but also Ghana, Niger and Mali. If international migration to Ivory Coast remains a major migratory corridor, it has slightly decreased in the last decades and important numbers of returnees were registered in Burkina Faso. Different factors can explain this trend. Although a series of bilateral agreements were concluded in the 1970s and the 1980s, mainly to protect migrant workers, several laws adopted during the 1990s in Ivory Coast considerably reduced the Burkinabe level of protection and integration.35 The Ivory Crisis starting in 2002 was then the cornerstone of massive returnees’ movement from Ivory Coast to Burkina Faso.36 From 1996-2006, there were 610,805 immigrants in Burkina Faso, amongst which only 78,250 were coming from other countries than Ivory Coast.37

Internal migration is also a major trend in mobility. Internal migration potentially correlates with the increasing difficulties for international migrants, especially in Ivory Coast.38

Internal rural out-migration is said to be a major contributor to the country urbanisation although the share of rural-urban flows amongst the total number of internal migrants remains controversial.39 Henry denies the importance given to rural-urban flows, representing approximately 15 per cent of the migration flows, compared to 40 per cent from rural to rural areas.40

Of high interest in the Climmig context is the research undertaken by Beauchemin and Schoumaker.41 They questioned the impact of local developments on rural out-migration. They found out that the period of development and expansion of infrastructure and economic opportunities in rural areas corresponds with a slight decrease of out-migration towards major urban centres of Ouagadougou and Bobo Dioulasso. However, development in secondary urban centres over the same period was also an important pull factor attracting rural settlers compared to larger cities. Young educated adults without employment or with a non-agricultural activity were found more likely to move to a city, whatever their place of residence may be (a village or a secondary town). Yet, non-agricultural economic opportunities tend to encourage people to stay in their place of residence.

Inter-regional migration, in particular to Western Europe, has increased in recent decades and represents nowadays 38 per cent of migrants’ destination.42 However, mostly illegal

35 L. Kabbanji & V. Piché (2008) « Politiques migratoires et migrations de travail des Burkinabè vers la Côte d’Ivoire », in

Population et travail. Dynamiques démographiques et activités, Actes du colloque de l'AIDELF de 2006, Aveiro, Portugal : AIDELF, p. 1401-1416.

36 Considered as the worst crisis that has affected Burkina Faso since its independance in 1960, the crisis that started in 2002 resulted in the non-official partition of the country. The violence of the combats let many migrants settled in the country to resettle elsewhere.

37 S. Lougue & B. Zanou (2009) Impact de la crise ivoirienne sur les migrations de retour au Burkina Faso, Paper presented at the XXVIth international congress on population, Marrakech, September 27th – October 2nd 2009.

38 B. Dabire & F. Ilboudo (2004) ‘Etude sur les statistiques des migrants au Burkina Faso’, Geneva: International Labor Office; D.O. Ouadraogo (1993) « Les migrations burkinabé sous la révolution démocratiques et populaire: continuité ou rupture ? » in Population, reproduction, sociétés. Perspectives et enjeux de démographie sociale, mélanges en l’honneur, J.W. Grégory, D. Cordel, D. Gauvreau, R. Gervais & C. Le Bourdais (eds), Montréal:Les presses de l’Université de Montréal, pp. 329-350.

39 D. Cordell, J. Gregory & V. Piché (1996) Hoe and Wage: A social history of Circular Migration System in West Africa, Boulder, Colorado: Westview Press, p. 384.

40 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 41 C. Beauchemin & B. Schoumaker (2005) ‘Migration to Cities in Burkina Faso: Does the Level of Development in Sending

Areas Matter?’, in: World Development, Vol. 33, No. 7, pp. 1129–1152. 42 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012.

14

channels are used.43 France is the main destination country for Burkinabe in Europe with a community of 3,798 irregular persons in 2008.44 The emigration rate of Burkinabe in Europe is comparatively low, as Burkina ranks only 50th as country of origin of migrants in France. Yet, the Burkinabe community in France has increased by 40.31 per cent since 2003 (2,664 persons in 2003) with an annual flow of migrants steadily increasing: 570 residence permits were issued in 2003, 609 in 2007, representing 6.8 per cent of increase.

Nonetheless, these numbers should not distort the reality of Burkina Faso’s migration trends. South-south migration remains much more important than migration to Europe from Burkina Faso.45 Additionally, migration flows to the Persian Gulf tend to be forgotten although it is a major destination of African labour migrants. Finally, one should keep in mind that international migration is only possible at high cost that most of Burkina population, one of the poorest in the world, can barely afford, especially in times of climate stresses.46

Last but not least, Burkina Faso is also a land of immigration. It attracts a range of immigrants, mainly Malians, Beninese, Senegalese and Lebanese. The numbers of migrants coming into Burkina Faso has doubled since 1990 to attain 6.4 per cent of the total Burkinabe population in 2010.47 The recent crisis in Mali, combining food insecurity and conflict-induced displacement in the North, has increased the number of refugees settled in Burkina by 3,000.48 Most of them are found in the north-eastern part of Burkina, mostly in Djibo and Gandafadou camps. The post-electoral crisis in Ivory Coast has also increased the number of refugees and migrants to Burkina Faso.49

1.2.2.2 Migrants’ profiles

Migration remains a strategy either of last resort or a strategy for the wealthiest households in one given place.50 Most of the voluntary migrants have a higher socio-economic level.

Internal migrants are often involved in cotton activities: they are therefore in search for better land, and come to the area of destination with new techniques and practices.51 They maintain strong relationships with their regions of origin and frequently send remittances or transfers in kind (cereals in particular) – every six months in average. Settlement in the south-west remains perceived as temporary and most of the migrants hope to come back to their place of origin. Seasonal migration is also a growing trend as it allows for greater access to liquidity that is of high interest for the population in the areas of origin.52

International labour migration is dominated by young single men. During the 1969-1973 period, international male migrants outnumbered international female migrants four to one.53 Yet, female migration has been overall an increasing trend that has been more and more acknowledged and researched. Adepoju refers to the feminization of poverty in West Africa that drives women out of rural areas.54 Several reasons can be attributed to this

43 J. A. Arthur (1991) ‘International labor migration patterns in West Africa’, in: African Studies Review, Vol. 34, N°3, pp. 65–

87. S. Yusuf (2003) Globalisation and the challenge for developing countries, in: Journal of African Economics, Vol. 12 (AERC Suppl. 1), pp. 35–72.

44 French National Assembly (2009) ‘Etude d’impact pour le Projet de loi autorisant l'approbation de l'accord entre le Gouvernement de la République française et le Gouvernement du Burkina Faso relatif à la gestion concertée des flux migratoires et au développement solidaire’.

45 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 46 Ibid. 47 IOM Burkina Faso webpage, http://www.iom.int/cms/en/sites/iom/home/where-we-work/africa-and-the-middle-east/central-

and-west-africa/burkina-faso.html, (21.01.2013). 48 United Nations High Commissioner for Refugees (UNHCR) (2012), “Le HCR vient en aide à 20 000 personnes ayant fui la

violence au Mali”, online resource available at http://www.unhcr.fr/4f314bc7c.html (07.04.2012). 49 UNHCR Burkina Faso Country profile, http://www.unhcr.fr/cgi-bin/texis/vtx/page?page=4aae621d499, (21.01.2013). 50 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 51 Ibid. 52 A. Konseiga (2005a) “Household Migration Decisions as Survival Strategy: The Case of Burkina Faso”, IZA Discussion

Paper No. 1819, Institute for the Study of Labor, Bonn, Germany. 53 Coulibaly et al. 1980 quoted in G. Le Jeune, V. Piché & J. Poirier (2004) ‘Towards a Reconsideration of Female Migration

Patterns in Burkina Faso’, in: Canadian Studies in Population, Vol. 31(2), 2004, pp. 145-177. 54 A. Adepoju (2002) ‘Fostering free movement of persons in West Africa: Achievements, constraints, and prospects for

intraregional migration’, in: International Migration, Vol. 40, N°2, pp. 3-28.

15

phenomenon such as lack of access to land, lacking appropriate assets to pursue agricultural activities.55

Le Jeune et al. undertook research on the recognition of female migration patterns in Burkina Faso.56 Their study argues that it is becoming extremely rare to find women of the age between 12-25 who have not migrated once in their life (either internally or externally). Those migrations are mostly international, although this trend tends to decrease. If the migrations are internal, they are towards secondary towns, from which women very often return, especially for marriage and family reasons. In major towns however, such as Ouagadougou or Bobo Dioulasso, the return rate is much lower: migration to major cities tends to be more permanent.

Accordingly, there have been major changes in the migration patterns although still deeply connected to “old” migratory patterns. International flows, mainly to Ivory Coast remain the major destination of Burkinabe migrants, but internal migration is considerably increasing. Single men are however no longer the sole population migrating – whole families as well as single women represent a much larger share in the total mobile population.

1.2.3 The environment as a migratory factor

It remains difficult to isolate environmental conditions from other factors of migration for two main reasons. Firstly, Konseiga highlighted that migration in West Africa is induced by several interrelated factors including exceptional demographic growth; tremendous political, economic, social but also environmental tensions and increasing constraints induced by climate changes as well as fluctuating demand for labour migrants in the coastal countries will maintain migration as a risk coping strategy.57 Secondly, the environmental causes inducing migration are numerous. Arthur noted that the decline in economic conditions of the sending countries inducing labour out-migration flows were due to several environmental causes including vagaries of weather, drought, land pressure, agricultural stagnation, mismanagement of land, deforestation and an unequal land tenure system.58

The impacts of slow and sudden onsets, aggravated by climate change, have been however increasingly acknowledged as a major threat to livelihoods, consequently inducing indirect migration flows. Increasing research has been pursued in Burkina Faso on this form of migration and displacement trend, especially with regards to the impacts of droughts and floods.

Historically, research showed that the prolonged droughts in the 1970s and 1980s especially gave rise to massive exodus, mainly from the Central Plateau to other parts of Burkina Faso and to the Ivory Coast.59 More recently, internal migration flows were also noticed following the 1997 and 2009/2010 exceptional rainy seasons.60 Environmental factors were indeed found to influence both the probability of out-migration and the selection of a destination once the migration decision has been taken.61 Interestingly enough, migration is more likely to be influenced by slow-onset disasters such as land degradation than by episodic events such as

55 J.P. Lachaud (1999) Le différentiel spatial de pauvreté au Burkina Faso: ‘capabilities’ versus dépenses, Document de

travail 36, Centre d’économie du développement, Université Montesquieu – Bordeaux IV; C. Udry (1996) ‘Gender, agricultural production, and the theory of the household’, Journal of Political Economy, 104(5): pp. 1010-1046.

56 G. Le Jeune, V. Piché & J. Poirier (2004) ‘Towards a Reconsideration of Female Migration Patterns in Burkina Faso’, in: Canadian Studies in Population, Vol. 31(2), 2004, pp. 145-177.

57 A. Konseiga (2005b) ‘New Patterns of Migration in West Africa’, Stichproben. Wiener Zeitschrift fur kritische Afrikastudien Nr. 8/2005.

58 J. A. Arthur, (1991) ‘International labor migration patterns in West Africa’, in: African Studies Review, Vol. 34, N°3, pp. 65–87.

59 P. Matlon & T. Reardon (1988) Coping with household-level food insecurity in drought-affected areas of Burkina Faso. World Development 16:1065–1074; T. Reardon & P. Matlon (1989) Seasonal food insecurity and vulnerability in drought-affected; T. Reardon T & JE. Taylor (1996) Agroclimatic shock, income inequality, and poverty: evidence from Burkina Faso. World Development, Vol. 24, pp. 901-914.

60 K. Ingram, P. Kirshen & C. Roncoli (2001) The costs and risks of coping with drought: livelihoood impacts and farmers’ responses in Burkina Faso. In: Climate Research Vol. 19: 119–132.

61 S. Henry, F. Lambin, V. Piché, & D. Ouédrago (2004) ‘Descriptive Analysis of the Individual Migratory Pathways According to Environmental Typologies’, Population and Environment, Vol. 25, No. 5, pp. 397-422.

16

droughts.62 Yet, land degradation and desertification have not become the focus of appropriate research yet and is therefore left aside in the panorama drawn in this article.

Yet, much has been learnt on the impact of “regular” environmental disruption on migration patterns in the last years. People from the drier regions are indeed more likely than those from wetter areas to engage in both temporary and permanent migrations to other rural areas.63 The type of rainfall shortages is also very likely to influence the type of migration: short-term rainfall deficits tend to increase the risk of long-term migration to rural areas and decrease the risk of short-term moves to distant destinations.64 The environmental conditions of both sending and receiving areas are also extremely important: unfavourable conditions concerning rainfall variability, land degradation and land availability at the origin, versus favourable conditions at the place of destination.65

Environmentally-related migration is intrinsically linked to income diversification: climate variability in addition to a lack of market availability encourage households to use livelihood diversification as an adaptation strategy, as it enables income generation not correlated with crop income. The high dependence of Burkinabe economy upon agriculture, and more specifically rain-fed agriculture is a risk for households in drought-prone environment in Burkina Faso.66 Wouterse & Taylor argue that migration, livestock production and non-farm activities are the main strategies adopted in their areas of research. Those findings corroborate previously mentioned adaptation strategies (see also section 2.1.3).67

Migration is therefore used by households’ members as a way of minimising income variability and ensuring a minimum level of income.68 Similarly, Henry et al. found that rural-rural migrations in Burkina Faso are influenced by economic activity rates at the origin and destination, a high proportion of men at the origin, a low proportion of men at the destination, and environmental conditions of both locations.69 The choice of migrating is therefore highly dependent upon economical attractiveness in the area of destination and severe resource scarcity in the region of origin.70 Overall, ‘the decision to migrate depends basically on an evaluation made by the migrant of the expected incomes’ and is therefore interpreted as a survival strategy.71

1.3 Human rights situation and political context

1.3.1 Political context

After gaining independence from France in 1960, Burkina Faso underwent many governmental changes until arriving at its current form, a semi-presidential republic. The Constitution was drafted in 1991 and approved by a referendum in 1991. In 1992, Blaise Compaoré was elected president, running unopposed after the boycott of the election by the opposition party. In 2000, the constitution was amended to reduce the presidential term to five years. The amendment took effect during the 2005 elections. The amendment also would have prevented the incumbent president, Blaise Compaoré, from being re-elected.

62 S. Henry, F. Lambin , D. Ouédrago & V. Piché (2004) ‘Descriptive Analysis of the Individual Migratory Pathways According

to Environmental Typologies’, Population and Environment, Vol. 25, No. 5, p. 397-422. 63 C. Beauchemin, S. Henry & B. Schoumaker (2004) ‘The Impact of Rainfall on the First Out-Migration: A Multi-level Event-

History Analysis in Burkina Faso’, Population and Environment, Vol. 25, No. 5, p. 423-460. 64 Ibid. 65 P. Boyle, S. Henry & F. Lambin (2003) ‘Modelling inter-provincial migration in Burkina Faso, West Africa: the role of socio-

demographic and environmental factors’, Applied Geography 23 (2003) p. 115–136. 66 J.E Taylor & F. Wouterse (2008) ‘Migration and Income Diversification: Evidence from Burkina Faso’, in World

Development Vol. 36, No. 4, pp. 625–640. 67 Ibid. 68 C. Delgado, P. Matlon & T. Reardon (1992) Determinants and effects of income diversifica- tion amongst farm households

in Burkina-Faso. The Journal of Development Studies, 28(2), p. 264-296. 69 P. Boyle, S. Henry & F. Lambin (2003) ‘Modelling inter-provincial migration in Burkina Faso, West Africa: the role of socio-

demographic and environmental factors’, Applied Geography 23 (2003) p. 115-136. 70 A. Konseiga (2005a) ‘Household Migration Decisions as Survival Strategy: The Case of Burkina Faso’, IZA Discussion

Paper No. 1819, Institute for the Study of Labor, Bonn, Germany. 71 Ibid., p. 7.

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However, in October 2005, the constitutional council ruled that, because Compaoré was the incumbent president in 2000, the amendment would not apply to him until the end of his second term in office. This cleared the way for his candidacy. In 2005, President Blaise Compaore was re-elected to a third term with 80 per cent of the votes. Observers considered the election to have been generally free, despite minor irregularities, but not entirely fair due to the ruling party's control of official resources. The president, assisted by members of his party, the Congress for Democracy and Progress (CDP), continued to dominate the government. The CDP won a majority in the May 2007 legislative elections. In 2010, President Compaoré was re-elected for a fourth term in office.

Burkina Faso experienced a period of domestic protest and political unrest in 2011 throughout the country. The social and governance crisis emerged from different social strata, amongst the education, defense and security sectors as well as small shop owners or cotton producers. They demanded mainly for better practices in the judicial system including increase of democratic bodies in the country, more judicial impartiality, decrease of corruption and improvement of living conditions. Interestingly enough, the 2011 crisis may have been partly rooted in the severe drought that affected the Sahel region the same year.72

Yet, the situation appears to have been normalised. Following the appointment by the President of a new Prime Minister and ministerial cabinet in April 2011, extensive consultations were undertaken with a broad range of stakeholders to address the growing demand for better-shared economic growth and better governance. Yet, the combined parliamentary and local government elections initially planned for April 2011 have been postponed until December 2012. Furthermore, the emerging and on-going conflict in neighbouring Mali and the consequent inflow of refugees in Burkina Faso could place a strain on the political context in Burkina and be an additional challenge for the current Government. The future of the Burkinabe democracy is fragile and the worsening insecurity in the Sahel strip, which also involves Mali, Niger and Nigeria, remains a tremendous threat.

1.3.2 Human rights challenges

Comparing the latest Universal Periodic Review (UPR) of the UN Human Rights Council, the joint document submitted by several NGOs and the submission from the Government of Burkina Faso to the African Commission for Human Rights, we note some progresses made by the country with regards to human rights protection and compliance with international standards (see also section 3.1.1).73 Several legal human rights instruments have been ratified as well as human rights regulations were established during the period 2003-2009 (GoB, 2010).74 A National Human Rights Commission was established in 2001 as well as a Ministry of Human Rights Advocacy in 2007, highlighting an increasing concern from the Government of Burkina Faso for the protection of human rights.75 Nonetheless, the human rights situation in Burkina Faso remains highly fragile, both in terms of respect and knowledge of the human rights framework.76

72 A. Theron (2011) ’The 2011 protests in Burkina Faso: Indicators of more conflicts to come’, Consultancy Africa Intelligence,

http://www.consultancyafrica.com/index.php?option=com_content&view=article&id=758:the-2011-protests-in-burkina-faso-indicators-of-more-conflict-to-come-&catid=60:conflict-terrorism-discussion-papers&Itemid=265 (23-01-13); E. Harsh (2008), ‚Price protests expose state faults’, Africa renewal, http://www.un.org/africarenewal/magazine/july-2008/price-protests-expose-state-faults (23.01.2013).

73 United Nations Human Right Council (2008) Working Group on the Universal Periodic Review, Third session, National Report submitted in accordance with Paragraph 15 (A) of the annew to Human Rights Council Resolution 5/1* Burkina Faso, Geneva; United Nations High Commissioner for Refugees (UNHCR) (2008), Regional Conference on Refugee Protection and International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008; Government of Burkina Faso (GoBF) (2010), Periodic report of Burkina Faso to the African Commission on Human and Peoples’ Rights relative to the African Charter on Human and Peoples’ Rights covering the Period 2003-2009.

74 Government of Burkina Faso (GoBF) (2010) Periodic report of Burkina Faso to the African Commission on Human and Peoples’ Rights relative to the African Charter on Human and Peoples’ Rights covering the Period 2003-2009.

75 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008.

76 Ibid.

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Civil and political Rights

The Constitution enshrines civil liberties as basic rights of citizens.77

In terms of participation, all citizens of Burkina Faso, without distinction, are entitled to take part in the conduct of public and social affairs. They are entitled to vote and to be elected in accordance with the conditions prescribed by law. Details of the organization and conduct of the various categories of elections and the conditions governing participation are set out in a number of constitutional and legislative provisions.78 Despite some irregularities, international observers considered the 2010 presidential election to have been free and transparent despite the resource advantage held by the president.

Regarding access to Justice, despite significant efforts and progress,79 constraints remain especially with regard to inadequate information about judicial procedures; inadequate geographical coverage by the courts; inadequate material resources and the poor state of the infrastructure, which handicap the efficient operation of judicial services; lack of qualified personnel; legislative shortcomings; and a public crisis of confidence in the justice system”.80 Improving public access to the justice system is therefore one of the objectives of the Consolidation plan prepared for the period 2007-2009.81

Inequalities and discriminations

The principles of equality between persons and of non-discrimination are laid down in article 1 of the Constitution stipulates that ‘all citizens of Burkina Faso are born free and equal in terms of rights’. Many legislative and regulatory instruments also prohibit discrimination in a variety of fields.82 However, several reports highlighted ongoing discriminations against children, women and migrants although some of the recommendations following the UPR process have been partially implemented.83

Overall, it seems that the current problems with regard to human rights in Burkina Faso lie in the access and knowledge of the rights themselves. Indeed, according to the 2008 UPR National Report, the human rights framework has very little grass roots amongst the population. Although it is primarily the state that is obliged to respect, protect and fulfil human rights, a vast majority of citizens ignore the content and scope of human rights, and hence are discriminated against in their possibilities of claiming for their own rights. This problem is partly related to the importance of illiteracy among citizens. The results of different studies show that only 28.3 per cent of the population is literate84, a human rights violation in itself as the state is obligated to provide access to education. Access to education was ordained a national priority by the government of Burkina Faso and a Ten-Year Plan of development of basic education was established from 2001-2010 but progress is very slow and requires tremendous financial and human means.

77 Article 7 stipulates that ‘freedom of belief, non-belief, conscience, religious and philosophical opinion, worship, freedom of

assembly, free practice of custom, and freedom of procession and demonstration are guaranteed by the present Constitution subject to respect for the law, public order (ordre public), morals and the human person’. In addition, article 8 guarantees freedom of opinion, press freedom and the right to information.

78 United Nations Human Right Council (2008) Working Group on the Universal Periodic Review, Third session, National Report submitted in accordance with Paragraph 15 (A) of the anew to Human Rights Council Resolution 5/1* Burkina Faso, Geneva.

79 Article 4 of the Constitution stipulates that: ‘All citizens of Burkina Faso and all persons living in Burkina Faso enjoy equal protection before the law’. Everyone is therefore entitled to have his or her case heard by an independent and impartial tribunal. The right to a defense, including the right to counsel of one’s own choosing, is guaranteed before the courts (UNHCR, 2008).

80 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008; paragraph 96.

81 Ibid., paragraph 105. 82 United Nations High Commissioner for Refugees (UNHCR) (2008), Regional Conference on Refugee Protection and

International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008. 83 UPR-Info (2011) Burkina Faso: Mid-term Implementation Assessment, p. 11. 84 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and

International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008.

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The constraints to human rights diffusion must also be linked to social and cultural pressures.85 Despite the pervasiveness of the modern state, many citizens obey to rules of inherited ancestral traditions. If these rules are generally based on traditional social cohesion and thus constitute the first references to people, the fact remains that some of them are incompatible with the rights formally guaranteed.

Consequently, the working group of the UN Human Rights Council required from Burkina Faso major improvements with regards to education in general but also education to human rights.86 It was also demanded to strengthen the operational capacities of actors involved in the implementation and promotion of the human rights policy as well as the capacity building of the National Human Rights Commission.

Right to housing and property

With regards to the focus of the Climmig project and in the context of internal and international mobility, the right to housing and access to property is of high interest. The process of developing land policy documents is recent in West Africa87 - the process is traced back to the adoption by the Ghana of a land policy document in 1999.88

Literature on property rights has widely expanded in recent years, addressing especially impacts on individuals’ and communities’ vulnerabilities. Insecure property rights may reduce access to credit and hinder the creation of resources that could be allocated to productive activities. It might overall increase land tenure and land allocation conflicts.89 A recent quantitative survey conducted among 10,361 adults representing 3,552 households from 377 different villages tried to assess the level of perception of the risks associated with tenure insecurity. Land conflict (20 per cent) and land expropriation (about 35 per cent) seemed to be the main concerns of the sample: while not universal concerns, tenure insecurity seemed to represent a major source of concerns for many of the agricultural producers.90 The increasing venue of pastoralists is cited as the main threat to agricultural productivity. Migrants seeking land for agricultural purposes and non-residents looking for land not for agricultural purposes was cited as the main threat to land tenure in rural areas of Burkina Faso. Returnees looking for their land as well as inheritance issues were also underlined as potential sources for conflict over land.

So far, Burkina Faso has been trying to improve the situation regarding property on its territory by several acts, although equality in access to property is officially protected since 1996. Indeed, Article 62 of Act No. 014-96/ADP of 23 May 1996, on agrarian and land reform, stipulates that urban or rural land in national territory shall be allocated to individuals regardless of their sex or marital status, which gives every citizen a chance to become a property-owner. It is put into practice through the application of the Urban Development and Construction Code; a profile of towns in Burkina Faso has also been drawn up in order to better understand the characteristics of urbanisation. In addition, a national policy on the urban environment and development has been adopted to ensure consistency in all actions in this sector and to enable priorities for such action to be set. Progress in the reduction of inequalities in access to property was achieved through social housing programmes91 or gender equality. Yet, major challenges remain as most literature on housing rights in Burkina Faso still mainly refers to “tenure insecurity”.

85 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and

International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008. 86 Ibid. 87 B. Linkow (2012) ‘Burkina Faso’, Focus on Land in Africa Issues, World Resource Institute and Landesa, p. 12. 88 H. Ouedraogo (2005) The Land Policy Process in Burkina: Experience in building a National Consensus on Access to

Land. LandNet West Africa. http://www.angoc.org/portal/publications/EAPLCPR/ch2/ch2p09.pdf (19.12.2012). 89 B. Linkow (2012) ‘Burkina Faso’, Focus on Land in Africa Issues, World Resource Institute and Landesa, p. 12. 90 Ibid. 91 A programme entitled ‘10,000 good-value social housing units’, launched in 2008, was supposed to mainly give low-wage

earners access to housing.

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Food Security

Food security has improved in Burkina Faso since the early 1980s yet malnutrition and undernourishment are still a reality for many Burkanibé. As we have seen, the country had to face and cope with large-scale famines in the country, killing many and affecting many more. The importance of hunger in Burkina is very near the guiding threshold level set by FAO, which underscore the depth of the challenges that the government has to deal with.

Today, there would be 1.8 million food-insecure persons in the country.92 The main drivers of vulnerability in Burkina Faso include fragile livelihoods, price volatility and the refugee influx from Mali. Millet price levels in Burkina Faso have decreased since mid-2012, yet remaining 30-40 per cent above the five-year average in Ouagadougou and Dori.93 Additionally, the massive influxes of Malian refugees in northern Burkina Faso stress local resources in a highly arid environment.

In her assessment, Simonsson states ‘food security is a priority for poverty and vulnerability reduction, considering the prevalence of food insecurity and the broad array of benefits food security would ensure’.94

Poverty and Vulnerabilities

In his large-scale study on poverty and vulnerabilities in Burkina Faso, Ouattara et al. identify several main vulnerable groups in the country:95

- Subsistence farming households, mainly found on the Central Plateau and in the north

- Unemployed, including those have lost their employment (both in government and private companies) and those who have not been able to find any employment.

- Households with household heads who have more than three wives.

- Prostitutes

- Teenage mothers

- Women and girls who are excluded from their communities and families mainly because of accusations of sorcery, undesired pregnancies or forced marriages.

- Female headed households: In Burkina female headed households constitute 2.7 per cent of households and comprise both those households where the women never got married, where the husband is deceased or divorced as well as where the man is not present (e.g. because of seasonal migration). Here the woman has to take responsibility for both economic production (traditionally the responsibility of the man) and the domestic sphere. She thus has to support and take care of herself and the children simultaneously. A woman is generally more vulnerable in this situation as women generally have more limited access to profitable activities, are less educated (13 per cent females in Burkina are literate compared to 33 per cent of men), are subjected to cultural restrictions and social pressure.

- Widows and divorced women often prevented from having access to the household’s monetary resources.

- Young people ‘in difficult situations’: This group encompasses young people living in the streets in Ouagadougou and Bobo-Dioulasso and those who are not living within their biological family and who therefore often lack the security and affection needed.

92 World Food Program (2013) Country Summaries, Annex to the Global Food Security update, Issue 9, February 2013. 93 Ibid. 94 L. Simonsson (2005) Vulnerability profile of Burkina Faso, Stockhlom: Poverty and Vulnerability Programme, Stockholm

Environment Institute (SEI), p. 20. 95 J. Kabore, J. Nyameogo A. & Ouattara (1997) Pauvreté et vulnerabilité au Burkina Faso. Ministère de l’Economie et des

Finances, Institut national de la statistique et de la demographie. Ouagadougou : Burkina Faso.

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- Handicapped people: handicapped people generally lose their social status and may be excluded from the community.

Those groups are not equally affected by environmental changes. According to Simonsson therefore, women and children should be the main focus group of policies attempting to decrease vulnerabilities associated with environmental stresses. She states ‘generally these are the most vulnerable people in Burkina Faso as their access to and control over resources and capital are more limited than men’s and their sensitivity is more pronounced’.96 She also highlights the case of children migrating alone in cities to find employments and eventually send remittances back home. Their situation puts them in extreme vulnerability.97

*

Major human rights claims in Burkina Faso nowadays are based on the lack of democracy, access to justice and socio-economic equity, as highlighted by the recent protest throughout the country (see section 2.3.1). The situation of Burkina Faso’s “returnees”, i.e. Burkinabe citizens returnees from the Ivory Coast during the last decades (see section 2.2.2), leads to high level of vulnerabilities. Their rights to employment, social security, health, housing, food and education were particularly disregarded. Returnees often remain in conditions of extreme poverty, which may drive them back to the Ivory Coast, despite the persistent insecurity in this country.98

1.3.3 Human rights, climate change and migration

As the IPCC notes in its Fourth Assessment Report: ‘Africa is one of the most vulnerable continents to climate change and climate variability, a situation aggravated by the interaction of “multiple stresses”, occurring at various levels, and low adaptive capacity’.99 Africa is the first continent facing impacts of climate change on political and economic stability. Even though it is argued that droughts and the increase in food prices may have been a trigger of the 2011 Burkinabe protests, more research is needed on the linkages between social unrests and climate changes.

Additionally, the relationships between pastoralists and agricultural communities must receive particular attention as competition over resources, wider and longer seasonal migration trends can lead to subsequent tensions.100 Similar examples in Sub-Saharan Africa have shown how deterioration of such relationships can lead to deep social tensions. The conflict in Darfur is exemplary, as it is attributed at least partially to climate change and environmental degradation. The report argues that the resulting tension between farmers and herders over disappearing pasture and declining waterholes partly explains the Darfur conflict.101 Henry noticed similar tensions in the context of Burkina Faso where Breeder Fulani were poorly integrated because of the destruction of harvest fields by their animals.102

Finally, the integration of migrants within the destination community is a subject of high interest. The risks of conflict between newcomers and natives are important and should not

96 L. Simonsson (2005) Vulnerability profile of Burkina Faso, Stockhlom: Poverty and Vulnerability Programme, Stockholm

Environment Institute (SEI), p. 20. 97 Ibid. 98 United Nations Economic and Social Council (UNESC) (2006) ‘Specific groups and individuals: Migrants workers’, Report

submitted by Ms. Gabriela Rodríguez Pizarro, Special Rapporteur on the human rights of migrants, Addendum, BURKINA FASO, E/CN.4/2006/73/Add.2.

99 Intergovernmental Panel on Climate Change (IPCC) (2007) Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change – Summary for Policymakers. Intergovernmental Panel on Climate Change. Cambridge, United Kingdom and New York: Cambridge University Press, p. 13.

100 O. Brown & A. Crawford (2007) ‘Climate change: A new threat to stability in West Africa? Evidence from Ghana and Burkina Faso’, in: African Security Review, Vol. 17, N° 3, pp. 39-57.

101 United Nations Environment Program (UNEP) (2007) Sudan: post-conflict environmental assessment. United Nations Environment Program, Nairobi.

102 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012.

22

be underestimated.103 The integration and perception of migrants vary greatly from one place to another. In some villages, immigrants are very welcome and have access to land and housing; in others immigrants cannot benefit from such treatment and must look for settlement elsewhere. Henry highlights that two villages distanced by few kilometres can have completely opposed policies in that regards.104

Tensions and conflicts can derive from a lack of integration but also from a generous integration.105 Chiefs of villages are the ones responsible for land allocation and migrants sometimes benefit from high quality or larger piece of land than natives. Accordingly, disputes are numerous between migrants and natives, arguing about unequal land quality and access. Furthermore, the allocation of land to migrants often reduces the time of fallow and increases land pressure. Soil degradation induced by migration is very important and can be an additional foundation for conflict.

1.4 Conclusions of chapter 2

Environmental change as incentive for migration in Burkina Faso has been acknowledged in recent studies. If displacement may occur following sudden onset disaster specially floods, slow onset events, especially desertification and droughts, are more likely to produce migration flows – both long term and short term. In these scenarios, it is extremely difficult to distinguish between environmental and economical push factors, as both are intrinsically related. Burkina Faso is indeed a very poor country whose economy is highly dependent upon agriculture and natural resources. Households’ livelihoods are therefore severely impacted by climate variability increased by climate changes as well as soil degradation: search for income diversification, combining environmental and economical reasons, is a source of mobility.

Although difficult to quantify and confirm, internal migration remains the most common strategy. Opposed to what common sense would suggest, internal migration is not directed to main urban centres. Ouagadougou and Bobo Dioulasso receive important flows of migrants, but rural areas and secondary towns are major receivers of rural migrants fleeing environmental degradation. Whether internal migration is the appropriate strategy to reduce vulnerabilities of affected populations or not, is difficult to answer. Conflict may arise from migrations, especially with regards to competition over land tenure and access to natural resources. Demographic pressure and competition over resource may further increase environmental degradation and vulnerabilities to sudden onset disasters. Some argue therefore that inter-regional mobility remains the most efficient mechanism to reduce inequalities and foster growth.106 Migration to the European Union or the Persian Gulf remains marginal in the case of environmentally induced migrants, what can be most likely associated with the cost of such migration routes.

It is difficult to assess globally whether environmental migration is a strategy of last resort or a coping mechanism. Some findings suggest that environmental migration in Burkina Faso remains a strategy of last resort where resources of migrants are scarce and induced by economic pressure in the area of origin. Others show that partly forced, partly voluntary, rural migrants move to better land in order to continue their agricultural activity and export their skills to the region of destination.

If mobility in West Africa has been key in development policies in the last decades, the particular case of environmental migration in the context of Burkina Faso – strong poverty rate, environmental degradation, climate changes and variability, demographic pressure, illiteracy, makes the promotion of migration as a coping strategy unsure. Yet, the history of

103 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012 ; Phone

interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012.

104 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 105 Ibid. 106 A. Konseiga (2005b) ‘New Patterns of Migration in West Africa’, Stichproben. Wiener Zeitschrift fur kritische Afrikastudien

Nr. 8/2005.

23

mobility in the country and the region should be the starting point for launching innovative policies. The question now is to promote an appropriate response framework but this is intrinsically linked to the interpretation of the issue. In the international and European context of growing securitisation of migration discourses and policies, environmental migration may not benefit from a positive support.

2 Legal, Normative and Institutional Frameworks app licable to Burkina Faso and the role of the EU and Austria – and Analysis

2.1 Burkina Faso national normative and institution al framework: Management and protection of internal displacement

2.1.1 Do frameworks of Burkina Faso provide for the protection of displaced persons?

Frameworks relating to refugee protection and Migra tion

Burkina Faso has ratified several instrument related to the protection of refugees, including the Convention relating to the Status of Refugees (1951) and the OUA Convention governing the specific aspects of refugee problems in Africa (1969). Yet those instruments do not explicitly provide protection to those displaced across an international frontier for environmental reasons. They have been translated into national legislation through different documents including the national Constitution that guarantees the right to asylum (article 9) and the 1994 Decree implementing the Status of Refugees.107 According to a 2005 UNHCR-led study on refugee protection gaps, Burkina Faso’s legislation meets international standards in most respects, with two exceptions: It is pointed out that the principle of non-refoulement is not clearly articulated and that individual RSD procedures do not include the possibility of an independent appeal.108

Since the closure of the UNHCR office in the country in 2001, issues related to refugees are mainly dealt by national structures.109 Refugee protection is the responsibility of the National Commission for Refugees (CONAREF), under governance of the Minister for Foreign Affairs and Regional Cooperation along with the Minister for Territorial Administration and Security. There is also a refugee committee in place in Burkina Faso, the Community of resident refugees in Burkina Faso (CRRBF).

With regard to the particular context of Burkina Faso, where migration is intimately related to income diversification, the ratification of the International Convention on the Rights of All Migrant Workers and Members of their families is worth mentioning in the case of migrant workers coming from other countries. To the authors knowledge however, it has not been translated into national legislation yet. Therefore if the constitution guarantees the right to freedom of movement (article 9), no specific documents were found in the Burkina Faso to allow for migration as an adaptive strategy.

Internal Displacement

In the context of internal displacement, the signature by the government of Burkina Faso of the Kampala Convention110 is extremely important. The Convention provides a definition of internally displaced persons (IDPs) that partly integrates environmental factors: ‘Internally displaced persons means persons or groups who have been forced or obliged to flee as a 107 GoBF (1997) Constitution du Burkina Faso, Loi N° 002/97/ ADP du 27 janvier 1997; GoBF (1994), « Décret n° 94-

55/PRES/REX du 10 Février 1994 portant application du Statut des réfugiés », Publication au JO N°08 1994. 108 D. McKeever (2005) ‘Identifying Gaps in Protection Capacity - Burkina Faso’, UNHCR Strengthening Protection Capacity

Project, UNHCR, European Commission and the Governments of Denmark, Germany, the Netherlands and the UK. 109 Ibid. 110 Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa by the African Union (AU),

also called the Kampala Convention, 2009.

24

result of or in order to avoid the effect of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized border state’.111 The Kampala Convention represents therefore a tremendous tool for protection of environmentally induced migrants. It is the first binding instrument that will govern and manage internal displacement, including those induced by environmental and climate related factors. The Convention has not yet been translated into domestic legislation however, and no legal instrument specifically protects internally displaced persons in Burkina Faso. The human right framework remains the only applicable structure to all, including migrants and IDPs, across the country.

Table 5: International and regional migration policy instruments

International and Regional texts Ratification

Convention relating to the Status of Refugees, 1951

Protocol relating to the Status of Refugees, 1967

1980

1980

Convention relating to the Status of Stateless Persons, 1954

No

Convention on the Reduction of Statelessness, 1961 No

ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990

2003

OUA Convention governing the specific aspects of refugee problems in Africa, 1969

1974

Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa by the African Union (AU) (Kampala Convention), 2009

Only signature: 2010

Human rights frameworks

In the absence of a specific legislation on international migration related to the environment, human rights frameworks provide the minimum safeguards to protect individuals. In this regard, Burkina Faso acceded to most international and regional instruments. Burkina Faso’s compliance with international and regional human rights treaties considerably improved during the last decades (table 6).112 Human rights enforcement is under the responsibility of the Ministry for the Promotion of Human Rights, in charge of monitoring and implementing the Government of Burkina Faso’s general policy on the promotion and protection of human rights under article 24 of the decree of 13 July 2007.113 To the extent that Burkina Faso has ratified the Optional Protocols for UN Human Rights Conventions or has accepted the competence of the corresponding UN Treaty Bodies, the inhabitants of Burkina Faso and their representatives are able to invoke their human rights through these bodies.114

111 Article 1.k, African Union (2009) African Union Convention for the Protection and Assistance of Internally Displaced

Persons in Africa (Kampala Convention). 112 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and

International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008; Government of Burkina Faso (2010), Periodic report of Burkina Faso to the African Commission on Human and Peoples’ Rights relative to the African Charter on Human and Peoples’ Rights covering the Period 2003-2009.

113 United Nations Human Right Council (2008), Working Group on the Universal Periodic Review, Third session, National Report submitted in accordance with Paragraph 15 (A) of the anew to Human Rights Council Resolution 5/1* Burkina Faso, Geneva.

114 See ‘Claiming Human Rights in Burkina Faso’, OHCHR website, available at: http://www.claiminghumanrights.org/burkinafaso.html (26.12.2012).

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Table 6: Human rights treaties, Humanitarian Law and Burkina Faso Ratifications

Treaties Date of Ratification

ICERD International Convention on the Elimination of All Forms of Racial Discrimination, 1965

1974

ICESCR International Covenant on Economic, Social and Cultural Rights, 1966

ICESCR - OP Optional Protocol of the Covenant on Economic, Social and Cultural Rights, 2008

1999

No

ICCPR International Covenant on Civil and Political Rights, 1966

ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights, 1966

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, 1989

1999

1999

No

CEDAW Convention on the Elimination of All Forms of Discrimination against Women, 1979

OP-CEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999

1987

2005

CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2002

1999

only signature: 2005

CRC Convention on the Rights of the Child, 1989

OP-CRC-AC Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000

Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000

1990

2006

2007

CRPD Convention on the Rights of Persons with Disabilities 2006

Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006

only signature: 2007

only signature: 2007

CPED International Convention for the Protection of All Persons from Enforced Disappearance, 2006

only signature: 2007

Indigenous and Tribal Peoples Convention, 1989 (No. 169) No

Inte

rnat

iona

l Ins

trum

ents

Geneva Convention I, II, III, IV, 1949

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 1977

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1977

III, 2005

Yes

Yes

Yes

No

African Charter on human and people’s rights, 1981 1984

Reg

iona

l In

stru

men

ts

Protocol of the Court of Justice of the African Union, 2008 1998

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Additionally, climate changes, droughts, environmental degradation or desertification have a specific impact on livelihoods and fundamental rights of the Burkinabe population. Table 7 summarises the different levels of protection of these rights according to Burkina Faso’s legal system.

Table 7: International, regional and constitutional protection of rights likely to be severely affected by climate change

Source: Peyrault, 2012.

Development, adaptation and resource management fra meworks

Burkina Faso has ratified all international instruments relating to key areas of environmental protection and climate change management and the majority is translated into national policies.118 Besides, the Constitution recognises, in Article 29, the right to a healthy environment and made the protection, defence and promotion of the environment duty of all citizens.

Table 8: International climate and environmental related instruments

International legislation Ratification

United Nations Framework Convention on Climate change (1992)

1993

Kyoto Protocol (1997) 2005

United Nations Convention to Combat Desertification (1994)

1996

115 Not legally binding. 116 Ibid. 117 Ibid. 118 Peyrault M. (2012) Rapport de terrain – Burkina Faso (6-26 novembre 2011), Projet Exclim Gérer les déplacements des

populations dus aux phénomènes climatiques extremes (unpublished).

Right to life Right to property

Right to adequate housing

Right to water

Right to sufficient food

Right to health Right to a safe environment

International conventions and treaties

UDHR art 3;115 ICCPR art 6, CRC art 6

UDHR, art 17116

ICESCR art 11

CEDAW, art 12.2.h; CRPD, art 28.2.a;

ICESRC art 11; CRC art 24.C; CEDAW art 14.2.h;

ICERD art 5.e; DUDH art 25

ICESRC art 12; UDHR art 25; CERD art 5.e.IV; CEDAW art 11 & 12;

CRC art 24; ICRMW art 43 1.e; 1.c; art 70; CRPD art 16.4, 22.2, 25)

Stockholm Declaration (1972) (principle 1);117

Regional conventions and treaties

ACHRP art4 ACHRP art 14

- - - ACHRP art 16 ACHRP art 24

Constitution

of Burkina

Faso

Art 15 Art 18 Art 18 Art 29

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Convention on biological diversity (1992) 1993

In the aftermath of the ratification of such instruments as well as compliance with the Hyogo Framework for Action (2005), several national policies are of high relevance in our context:

• The National Adaptation Programme for Action (NAPA)119 to climate variability and changes: Although the adoption of the programme by the Government of Burkina Faso in 2007 was a very important step forward, its content and normative as well as institutional impact is quite criticised. In an interview with Mathieu Badolo120 he argued that the NAPA was not implementing a continuous process with a clear indicator of resilience. According to him, the plan was based upon rudimentary scientific content, and did not provide a clear and straightforward strategy. Overall, the document was said to lack foresight and vision of current and forthcoming concrete challenges. There is no other document specifically devoted to adaptation to climate change. The adaptation framework is therefore too weak to efficiently adapt and propose alternative solutions for livelihoods to people affected by climate changes and environmental degradation.121

• The National Programme against Desertification (1986) undeniably induced positive changes in policy-making dynamics: it has provided support for decentralisation, for more participatory processes of policy-making and for the inclusion of local knowledge in the policy process. Yet, major difficulties and obstacles remain, particularly at a more decentralised level, where the impact is less clear and more difficult to distinguish.122

• The National Biodiversity Strategy Action Plan (1999) ‘ensures that populations manage biodiversity in a sustainable manner by 2025’ and more specific objectives such as ‘increasing agricultural, pastoral and timber production; protecting and restoring renewable natural resources; ensuring that the population’s needs are fulfilled (ex. energy); and improving the quality of the environment’.123

• The Environmental Plan for Sustainable Development (PEDD) (2002) ‘determines the strategy around which to build a framework of fight against poverty and sustainable development that takes into account the environment in all its dimensions’.124

• The National Policy on Water of 1998 and the National Action Plan for Integrated Management of Water Resources of 2003 ‘reform the institutional framework for water sector, which marks a break with sectorial vision of water management and now spends resources management (IWRM) as a way of resolving issues related to the water’.125

119 Government of Burkina Faso (2007) « Programme d’action national d’adaptation à la variabilité et au changements

climatiques (PANA du Burkina Faso) », Ministère de l’environnement et du cadre de vie, Secrétariat permanent du Conedd, Conseil national pour l’environnement et le développement durable, p. 71.

120 The IAVS is the Institute application and popularization of Science (Institut d'application et de vulgarisation en sciences - IAVS), based in Ouagadougou.

121 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012.

122 H. Bruyninckx (2004) ‘The Convention to Combat Desertification and the Role of Innovative Policy-Making Discourses: The Case of Burkina Faso’, in: Global Environmental Politics, Vol. 4, No. 3, pp. 107-127.

123 See Convention on biological diversity website, Country profile, Burkina Faso, available at: http://www.cbd.int/countries/profile.shtml?country=bf#nbsap (18.07.2012).

124 Burkina Faso Ministry of environment website, available at: http://www.environnement.gov.bf/SiteEnvironnement/plans/pedd.html (18.07.2012).

125 Government of Burkina Faso (GoBF) (2006) Etat de mise en oeuvre du plan d’action pour la gestion intérée des resources en eau (Pagire) du Burkina Faso Mars 2003 - Juin 2006, Ministère de l’agriculture, de l’hydrolique et des resources halieutiques, Ouagadougou.

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Figure 3: Flowchart of the national structures of intervention

Source: Peyrault, 2012.

Along with instruments relating to climate changes reduction and impacts’ management, Burkina Faso’s framework for disaster response has considerably improved over the last years. Previous experience with disaster management has marked the history of Burkina Faso over the past decades: main lessons were learned especially from the state previous challenges, such as slow response in situation of emergency, weak mobilisation of resources, which was coupled with weak coordination mechanisms in disaster management.126

Emergency response is mainly the responsibility of the National Council of Emergency Relief and Recovery (CONASUR), part of the Ministry of Social Action and National Solidarity. The Conasur deals with the training in management and prevention of natural disasters; identification of the victims and need assessments, the mobilisation of the humanitarian aid in favour of the disaster victims; rehabilitation of the socio-economic infrastructures and the reintegration of the victims; initiation of any activity likely to mitigate the effects of the natural disasters on the life of the communities.127

The CONASUR initiated the adoption of a disaster response plan. In its 2008 ordinary session, it recommended the drafting and adoption of a National Contingency Plan for preparedness and disaster response, in order to ‘allow the country to have a reference tool in this area’.128 The national contingency plan was adopted in 2009.

The plan focuses on preparedness and disaster response with the intention to: ‘i) clarify the relationships / responsibilities among the various technical departments of State and humanitarian partners, ii) facilitate the coordination of actions and allow for development consistent sectoral plans, iii) Identify and reduce risks most likely iv) provide a general framework for joint planning covering the risks of emergency; v) Integrate the process of

126 Government of Burkina Faso (2009) Plan national multi risques de preparation et de réponse aux catastrophes,

Préparation, interventions de premiers secours, Réhabilitation et reconstruction. 127 UNISDR Burkina Faso webpage, available at: http://www.unisdr.org/partners/countries/bfa (23.07.2012). 128 Ibid., p.7.

29

prevention, preparedness and emergency response in plans and national development programs; vi) reduce response times and number of loss of life’.129

Migration and the displacement of the population is one of the main risks identified. In that regard, the plan intends to increase prevention, response and rehabilitation actions and could therefore allow for a better protection framework for IDPs and migrants in times of natural and/or man-made disasters. Figure 4 describes the institutional architecture of the response actors.

Figure 4: The sectorial organisation of the response according to the Contingency Plan

Source: Peyrault, 2012.

Finally, rural development policies are also of high interest in our context. They have been used in Burkina Faso as a tool to reduce migration to the cities, with the implicit rationale of retaining migration flows by developing rural areas and increasing households’ incomes.130 It usually focuses on ‘farm and off-farm employment generation, infrastructure development (electricity, water, roads, etc.), access to credit for small farmers, delivery of health-care services, educational improvement, land reform, etc.’131 Such strategies have rapidly been implemented by Burkina Faso after its independence with the creation of the Voltaic development policy in the 1960s. More recently, different policies have followed the same

129 interventions de premiers secours, Réhabilitation et reconstruction, p. 7. 130 R. Rhoda (1983) ‘Rural development and urban migration. Can we keep them down on the farm?’, International Migration

Review, 17(1), pp. 34–64. 131 C. Beauchemin & B. Schoumaker (2005) ‘Migration to Cities in Burkina Faso: Does the Level of Development in Sending

Areas Matter?’, in: World Development, Vol. 33, No. 7, p. 1131.

30

goal132 including the National Programme against Desertification (1986); the Programme for the Improvement of Living Conditions; and the National Environmental Action Plan.

2.1.2 How do implementation and reality look like?

Despite Burkina Faso ratification of several core human rights instruments, the main challenge still lies in the implementation of these human rights policies. Climate change adaptation measures have yet to be fully integrated into the Government’s institutional framework. Harmonising and/or integrating the functions of CONASUR and CONEDD will provide a useful starting point in this respect. Clear mandates to address future climate change risks are needed and must be weighed against tight budgets to allocate substantial resources toward long-term adaptation strategies.133

The response mechanism to shock is problematic for two reasons. Firstly, it is mostly funded by UNDP, which raises the question of continuity in time. Secondly, it is narrowed to emergency response and post-disaster measures, whereas resources for prevention and recovery are very weak. Prevention, linked to development issues, is complicated to manage but remains absolutely necessary to improve the disaster framework of Burkina Faso in the long term.134

With regards to slow onset, land degradation and land use remain unmanaged. The region of origin of migrants is deeply vulnerable to soil degradation without any clear response policy to curb the phenomenon.135 There is very little research available on vulnerabilities, which could inform policy makers. Two levels of intervention should be combined:

1. National level: A clear and indicative framework must facilitate scientific research and the mobilisation of techniques. A macro approach could enable synergies and facilitate action at the local level. Elements of resilience must be identified in order to be integrated in development policies and policies in regional planning.136

2. Local level: Communities have specific features and face different risks. Vulnerabilities and the main elements of resilience must be identified and defined for each community. Elements of resilience at the national level must be bridged with elements coming from the local level.137 So far, local communities sometimes benefit from visits of national agents mostly transmitting technical and agricultural knowledge - with regards to soil protection for cotton for instance.138

Climate policy should therefore find a way to better integrate a vulnerability factor, by taking into account national and local challenges, including the land use issue. A major remaining issue is that Burkina Faso invests very little into scientific research and research funds on the Sahel region remain mostly in the north.139

132 C. Beauchemin & B. Schoumaker (2005) ‘Migration to Cities in Burkina Faso: Does the Level of Development in Sending

Areas Matter?’, in: World Development, Vol. 33, No. 7, pp. 1129-1152. 133 Global Facility for Disaster Reduction and Recovery (GFDRR) (2011) ‘Vulnerability, Risk reduction and adaptation to

climate change – Burkina Faso’, Climate risk and adaptation profile, p. 16. 134 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the

Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012. 135 Ibid. 136 Ibid. 137 Ibid. 138 Phone interview with Sabine Henry, Director of the Department of Geography, FUNDP, Brussels, 13 July 2012. 139 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the

Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012.

31

Figure 5: Local and international NGOs, UN agencies and state in response to natural disasters and population movements

Source: Peyrault, 2012.

2.1.3 The Role of the European Union (EU)

Despite the enormous achievement represented by the ECOWAS free movement protocol (see section 3.2.1), migration within West Africa has received much less attention than the migratory movements to North Africa and particularly to Europe. A series of multilateral and bilateral initiatives have been or are being pursued to diminish irregular migration from West Africa to Europe such as the ‘Rabat Process’ established by the Euro-African Ministerial Conference on Migration and Development (Rabat, 10-11 July 2006); the EU-Africa Ministerial Conference on Migration and Development (Libya, 22-23 November 2006). Yet, the opportunities of the ECOWAS protocol and its Common Approach on Migration have still to be fully exploited, by Western African government themselves, and by the EU.

EU policies supporting Burkina Faso in its alleviation of climate stresses and impacts mainly focus on development and humanitarian aid. With regard to forced migration, there is no Regional Protection Programme in West Africa. Burkina Faso has only a limited number of refugees. No specific plan has been adopted by the EU to ensure the protection of migrants inside and outside Burkina Faso.

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Development aid

The EU is the largest donor of humanitarian aid in the world and the largest donor regarding development in Burkina Faso.140 In Burkina Faso, EU support focuses on support of the implementation of the Strategic Framework for the Fight against Poverty (PRSP). The joint strategy document between Burkina Faso and the EU and the National Indicative Programme (NIP) for the 10th EDF [2 MB] (2008-2013), which set priorities for intervention, provided in 2008 a total allowance amounting to 347 billion CFA francs (529 million) for the period 2008-2013. This envelope was successively increased in 2009 and 2010, to help the Burkinabe Government coping with the negative impact of international financial and economic crisis, food shortages (due to erratic rainfall in 2009 and 2010, punctuated by severe flooding). The total programme 2008-2013 thus amounts now to 431 billion CFA francs (658.4 million €).

Table 9: Community support of the European Union for the development of Burkina, 1958-2013

2.2 Traité de Rome (1er FED 1958-63) 28 million € (approximately 18.37 billions FCFA)

2.3 Accord de Yaoundé I (2ème FED 1964-69)

31.71 million € (app. 20.8 billions FCFA)

2.4 Accord de Yaoundé II (3ème FED 1970-74)

65.212 million € (app. 42.78 billions FCFA)

Accord de Lomé I (1975-1980- 4ème FED) 98.86 million € (app. 64.85 billions FCFA)

2.5 Accord de Lomé II (1980-1985- 5ème FED)

108.04 million € (app. 70.87 billions FCFA)

2.6 Accord de Lomé III (1985-1990- 6ème FED)

152.27 million € (app. 99,88 billions FCFA)

2.7 Accord de Lomé IV (1990-1995- 7ème FED)

359.83 million € (app. 236 billions FCFA)

2.8 Accord de Lomé IV bis (1995-2000- 8ème FED)

178.36 million € (app. 117 billions FCFA)

2.9 Accord de Cotonou (2000-2020) - 9ème FED 2001 - 2007

434,86 millions € (app. 285,25 billions FCFA)

2.10 Accord de Cotonou (2000-2020) - 10ème FED 2008-2013

658,4 millions € (app. 431 billions FCFA)

Source: EU, 2012.141

The overall objective and main development policy of the EU is to reduce poverty through sustainable development, in accordance with international ambitions and taking due account of the Millennium Development Goals (MDGs). Other important goals are also human rights and good governance (EU website). The different agreements regulating the cooperation between the EU and Burkina Faso are the Cotonou agreement (and its subsequent revision in 2005 and 2010) and the European Consensus for Development (2007). The Country Strategy Paper and National Indicative Programme (2008-2013) adopted between Burkina

140 EU (2012) Burkina Faso webpage, http://ec.europa.eu/europeaid/where/acp/country-cooperation/burkina-faso/burkina-

faso_en.htm (21-12-12); Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012.

141 EU (2012) Burkina Faso webpage, http://ec.europa.eu/europeaid/where/acp/country-cooperation/burkina-faso/burkina-faso_en.htm (21.12.2012).

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Faso and EU representatives focused on (i) strengthening of basic infrastructure and interconnectivity (transport, water and sanitation, energy) - for about 26 per cent of resources; (ii) support for local governance and policy (justice, decentralization), including accompanying measures of budget support - for about 10 per cent of resources; (iii) support the macroeconomic framework and poverty reduction through direct budget support - for about 60 per cent of resources.142

Linkages between poverty, soil degradation, climate changes, migration and income diversification seems to remain low priority. The EU supports policies and does not support the appropriate scientific research that should inform policy makers.143 Burkina Faso still lacks indicators to measure progress and needs, e.g. in the field of desertification and land degradation. The lack of continuity in policies and changes in strategies changes is also an obstacle to longer-term improvements of the environmental and socio-economic situation.

Humanitarian aid

Since 2005, the Humanitarian Aid Department of the European Commission (ECHO) has been funding several projects supporting sustainable reduction of malnutrition in the Sahel region, while giving assistance to populations affected by natural disasters (e.g. the floods in 2009 and 2010 in several provinces of Burkina Faso).

ECHO's strategy against malnutrition was established in the Sahel in 2005, following the severe food crisis that started in Niger.144 Since then, ECHO has invested in hunger alleviation in other countries of the sub-region with high malnutrition rates: Burkina Faso, Mali, Mauritania, Niger, Chad, Nigeria, and northern Togo. ECHO’s local partners are usually Ministries of Health and several related national agencies when and where relevant. Prevention measures have also been one of ECHO’s priorities, especially through awareness campaigns or social prevention.145

In Burkina Faso, ECHO has invested over 20 billion CFA francs146 (31.3 million €) in the fight against malnutrition since its arrival in the country in 2007 (EU, 2012). In addition, under its emergency aid mandate, ECHO has allocated over USD 7 billion CFA francs (11.4 million €) to assist the most vulnerable victims of climate catastrophes.147

2.2 Western Africa normative and institutional fram ework: management and protection of external displacement and migration w ithin the region

2.2.1 Legislative, normative and institutional fram eworks of neighbouring countries

Free movement of persons has been a concrete political objective in West Africa, particularly from the ECOWAS. A protocol on free movement of persons, rights of residence and establishment was signed by ECOWAS Member States on 29 May 1979. A series of regulations was developed later on, until the 1990s. Although the implementation phase has proven laborious, the multilateral management of migration remains at the heart of regional integration processes currently at work in West Africa.

In recent years, migration management particularly evolved towards greater regionalisation in its form and content, particularly in response to changes at the global level. The new approach of ECOWAS to migration management, in addition the involvement of new actors, and particularly the EU, redefined and reoriented the regional political agenda on migration. 142 Government of Burkina Faso / European Union (GoBF/EU) (2008) Document de stratégie pays et programme indicative

national pour la période 2008-2013. 143 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the

Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012. 144 ECHO, Burkina Faso Country page, http://ec.europa.eu/echo/aid/sub_saharian/burkina-faso_fr.htm (21.12.2013). 145 Ibid. 146 The annual distribution is the following: FCFA 3.4 billion (€ 5.2 million) in 2007, 2, 3 billion CFA francs (€ 3.4 million) in

2008 and 4.2 billion CFA francs (€ 6.6 million) for 2009, 5.3 billion CFA francs (8.1 Million €) in 2010 and 5.2 billion CFA francs (€ 8 Million) in 2011 (UE, 2012).

147 EU (2012) Burkina Faso webpage, http://ec.europa.eu/europeaid/where/acp/country-cooperation/burkina-faso/burkina-faso_en.htm (21.12.2012).

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Between 1975 and 1999, the management of migration in West Africa, either through the Economic Community of West Africa (ECOWAS) or the West African Economic and Monetary Union (WAEMU), has focused on the freedom of movement within the sub-region.148 Since their establishment, the different regional organisations have used the Communities of European States (CEE) and the later EU as a model with regards to freedom of movement policies. Mobility was therefore conceived as one key aspect of the economic integration project, which was the political priority at that time.

The constitutive treaties of West African regional organisations (see table 10) took into consideration the increasing migration flows between their different Member States and sought to achieve an economic and monetary union similar to the EU. The rights to freedom of movement, residency and establishment are the cornerstones of regional migration policies. Their implementation is facilitated by different measures such as abolition of visa, creation of a common market, support of the right to work and establishment in other states (table 10).

Table 10: ECOWAS and WAEMU constitutive treaties and the issue of migration

Constitutive treaty of ECOWAS

Revised treaty of ECOWAS Constitutive treaty of the WAEMU

Entry into force

May 28, 1975 July 24, 1993 January 10, 1994 (revised on January 29, 2003)

Signatory states

Burkina Faso, Benin, Ivory Coast, Gambia, Ghana, Guinea Bissau, Guinea, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo

Addition of Cap Verde and departure of Mauritania

Benin, Burkina Faso, Ivory Coast, Guinea Bissau (1997), Mali, Niger, Senegal, Togo

Overall objectives

Promote cooperation and development in every domain of economic activities

Creation of an economic and monetary union amongst its member states

Creation of an economic and monetary union amongst its member states

Articles mentioning migration

Article 27 Article 59 Article 91 to 100

Specific objective related to migration

Suppression between member states of obstacles to freedom of movement of persons, capitals, and services

Creation of a common market, based on total suppression of obstacles of freedom movement of persons, goods, capitals and service as well as right to residency and settlement

Creation of a common market, based on freedom movement of persons, goods, capitals and service as well as the right to establishment of persons with an independent or salaried activities

Management of migratory influx

Freedom of movement: no visa requirement

Immigration right to entry General principles on persons and goods movement

Management of migrants stock

Freedom of residency:

- No residency permit requirement

-Allowing establishment

Immigration: right to residency and establishment

General principles regarding the right to establishment

Source: Kabbanji, 2011.

148 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228.

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To strengthen and complete this legal framework on migration, the ECOWAS adopted a series of protocols increasing the possibilities of freedom of movement between member states between 1979 and 1990. They focused on general principles regarding freedom of movement, right to residency and establishment (1979 Protocol), citizenship (1982 Protocol); distinction between member states of origin and destination (1985 Protocol); the right to residency (1986 Protocol); the right to establishment (1990 Protocol).149 Member states must take all appropriate measures to ensure legal and practical respect of those rights in their territory (1993 Treaty, article 59).

Implementation and follow-up mechanisms were also created. The ECOWAS created in 1993 the Commission on ‘Political, judiciary and legal affairs, Regional Security and Immigration’ which succeeded the former follow-up commission (1993 Treaty, article 22 and 23). A tribunal was also introduced to deal with disagreement and disputes. Regarding the WAEMU framework, it is the Council of Ministries that is in charge of the implementation of the treaty disposition. The member states however were in charge of introducing these dispositions in their national legislation.

2.2.1.1 Rise of multilateral migration management i n West Africa: the linkages between migration and development

The 2000s decade constitutes a real cornerstone in regard to the development of a regional migration policy in West Africa, oriented towards greater regionalisation but also more restrictive policies related to migration. It strengthened multilateral initiatives on regional management of migration in West Africa. The ECOWAS and the African Union are the main actors of these changes.

The Dakar Declaration150 adopted during the regional ministerial meeting of West Africa in October 2000, focuses on the participation and impact of migrants on local development. It stresses the importance of regional policies and cooperation, as well as cooperation between countries of origin and destination – including the EU and North America. In 2001, a declaration on the fight against trafficking was adopted by the heads of states and Governments of ECOWAS, seconded by a first action plan for the years 2002-2003.151

International organisations also influence regional migration framework. In 2006, the African Union adopted a strategic plan relative to common migration policy. During the same years, the ILO, the ECOWAS and the EU launched an initiative promoting and protecting labour migration as a mean of integration and development for West Africa. The rationale of the project was to facilitate remittances, involve diasporas, support and favour development in the areas of origin.152 The regularisation of illegal labour migrants was also discussed. The project constituted a chance to push for and support states towards greater ratification of international and regional convention relating to migrants’ rights.

In 2008, the ECOWAS adopted its common approach to migration, during the 33rd ordinary session of the Head of States and Governments, in Ouagadougou. The plan aimed at a better usage of the full potential of migration for development and the reduction of its negative impact.153 Regarding freedom of movement, the plan announces, amongst other things, the creation of a regional fund for transnational cooperation and definition of a strategy for territorial planning.154 With this common approach, the objectives of ECOWAS on migration take a new direction: it is no longer only to establish the free movement of persons within the space community but also to adopt measures relating to interregional migration, particularly to Europe.

149 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228. 150 Dakar Declaration, West Africa regional ministerial meeting on the participation of migrants in the development of their

country of origin, Dakar, 13 October 2000. 151 Respectively: Declaration on the fight against traffic in persons, twenty-fifth ordinary session of authority of Heads of state

and government, ECOWAS, Dakar, December 20-21, 2001; ECOWAS initial plan of action against trafficking in persons (2002-2003), Dakar, December 2001.

152 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228. 153 ECOWAS (2007) Rapport annuel 2007 du Secrétaire executif, Abuja, CEDEAO. 154 L’Approche commune de la CEDEAO sur la migration, Ouagadougou, 18 January 2008.

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Overall, the 2000s decade is focusing on two key aspects: fight against irregular migration and promotion of the linkages between development and migration – mainly with the objectives of reducing the latter. The increased cooperation with the EU might be responsible for securitisation of the migration discourse and actions of Western African states.

2.2.1.2 Securitisation and restriction of migration policies

The normative and institutional relationship between West Africa and the EU particularly strengthened in recent years. Policy makers increasingly focused on inter-regional migration, particularly with the EU, and intra-regional migration in West Africa received less attention.

The foundation of this evolution is the ECOWAS endorsement of the Cotonou Agreement, which sets the basis for further multilateral cooperation in the field of migration between West Africa and the EU. For the first time, migration is considered as a key component of the cooperation framework between the EU and the ACP (Africa, Caribbean, and Pacific) region. The Cotonou Agreement envisages the development of areas of origin as a means to restrict migration (article 13) and therefore links poverty alleviation, employments creation, and development. Fight against irregular migration is strengthened and legal migration is constrained to high-skilled migrants (articles 79 & 80). Protection of migrants' rights seems only a secondary objective and measures are poorly developed.

In 2005, the Council of the European Union adopted the “Global Approach to Migration: priority actions focusing on Africa and the Mediterranean” that focused on (i) controlling and restraining migration on short and long terms through externalisation of migration control and co-development; (ii) favouring movement of certain categories of migrants (Council of the European Union, 2005). Several conferences, summits and frameworks followed - the Rabat Conference followed by the Tripoli Conference in 2006 and the Lisbon Summit in 2007.

In 2006, the Council of Mediation and Security of the ECOWAS met in Ouagadougou and supported a common approach to inter-regional migration.155 Restriction on migration was understood as a driver of economic losses in the areas of origin, and fight for freedom of movement became a high political priority.156 Nowadays however, the spirit of the 1980s, encouraging, protecting and promoting migration flows is gone.

Recent legislation and political posture are exemplary of increased inter-regional dialogue but also of a growing securitisation of migration management. The restructuring of migration policies highlights a growing inclusion of the EU in the process, as well a prioritisation of the EU’s interests rather than ECOWAS.157 To our understanding, migrants’ protection, that used to be an ECOWAS priority, has been sacrificed to the benefit of migration control and impediment.

2.2.2 How do implementation and reality look like?

Freedom of movement

Freedom of movement according to the ECOWAS 1979 Protocol was supposed to be based on three main instruments: the abolition of visas and entry permits, the institution of a “carte de voyage ECOWAS”, and finally the institution of joint and harmonised immigration and emigration documents. While visas have been abolished for stays of less than 90 days for residents of ECOWAS Members States158, the ‘carnet de voyage’ has not been implemented everywhere, and most of the migrants travel and cross borders with their national identity card.159 Some countries do not even recognise the validity of the ‘carnet de voyage’ and

155 ECOWAS (2007) Meeting of ministers on ECOWAS common approach on migration, Abuja, June 14. 156 ECOWAS (2007) « Lancement de la Commission de la CEDEAO pour l’accélération de l’intégration et du

développement », communiqué de presse, Ouagadougou, 19 Janvier. 157 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228. 158 ECOWAS (2002) Bilan des réalisations de la CEDEAO, Abuja, CEDEAO. 159 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228.

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require regular national passports.160 The replacement of the ‘carnet de voyage’ by ECOWAS passports also faced major delays mainly imputable to national authorities.

There remain also major obstacles to freedom of movement on West African roads today.161 Other sources of obstacles to freedom of movement include corruption at the border station, ignorance of national agents of the migration regional policy framework and disposition, or the lack of adequate infrastructures and equipment.162

Living conditions

From the different requirements of the ECOWAS protocols, only the authorisation to travel within the ECOWAS territory for less than 90 days was implemented.163 The right to residency and establishment are still lacking implementation measures within the countries. With regards to the right to work, although ECOWAS resident established in another ECOWAS member state is supposed to benefit from protective legislation, access to several professions remains impossible for them.164 National legislation in Burkina Faso for instance does not establish any preferential treatment for migrants originating from the ECOWAS area.165 Overall, migrants suffer from a lack of harmonisation amongst the different national labour legislation that would improve their situation.166

Most of the ECOWAS migrants do not possess a residency document that would legalise their situation and protect them.167 Either the countries do not have implemented this administrative tool, or migrants themselves do not know how to use it. There remains more generally an important gap with regards to publicity and communication from the Member States over the regional migration policy as well as migrant’s rights and duties.

Within the WAEMU framework, the situation is not better since regional texts to be adopted were blocked by states reserves to the proposed drafts. Hence, freedom of movement as well as the right to residency etc are not better developed under this framework than under the ECOWAS’s.

The difficulties of Burkinabe migrants in Ivory Coast highlight that the regionalisation of migrants’ protection remains wishful thinking. Migrants remain dependent on the good will of policies in Ivory Coast where they do not benefit from long-term protection.

2.2.3 The Role of the EU

As mentioned above, the role of the EU has been fundamental in the drafting of the recent policies on migration. Yet, the opportunities of the ECOWAS protocol and its Common Approach on Migration have still to be fully exploited and the EU could have a role to play. Indeed, the framework provides a range of possibilities for secure, legal, human rights-respecting migration in the region.168 These possibilities have not been sufficiently explored or where they have been explored and established, they have not been adequately promoted.169

Overall, EU priorities remain regional integration, as a way to promote regional and national development, to reduce conflict and ensure achievement of the MDGs. The Regional Indicative Program (RIP) of the 9th European Development Fund (EDF, 2001-2007)

160 Ibid. 161 ECOWAS (2006) Rapport annuel 2006 du Secrétaire executif, Abuja, CEDEAO; ECOWAS (2007), Rapport annuel 2007

du Secrétaire executif, Abuja, CEDEAO. 162 ECOWAS (2007), Rapport annuel 2007 du Secrétaire executif, Abuja, CEDEAO. 163 Soulama T. (2003) La legislation migratoire au Burkina et les pratiques sous regionales, Séminaire national sur les

migrations internationals de travail au Burkina Faso, Ouagadougou. 164 ECOWAS (2007) Rapport annuel 2007 du Secrétaire executif, Abuja, CEDEAO. 165 Soulama T. (2003) La legislation migratoire au Burkina et les pratiques sous regionales, Séminaire national sur les

migrations internationals de travail au Burkina Faso, Ouagadougou. 166 L. Kabbanji (2011) Politiques migratoires en Afrique de l'ouest : Burkina Faso et Côte d'Ivoire, Paris : Karthala, p. 228. 167 Ibid. 168 United Nations High Commissioner for Refugees (UNHCR) (2008) Regional Conference on Refugee Protection and

International Migration in West Africa – Concept Note, Dakar, Senegal, 13-14 November 2008. 169 Ibid.

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supported the WAEMU, ECOWAS and the Member States of the region in deepening regional integration, conflict prevention, the establishment of a quality programme to promote trade, including exports (ibid). Of high interest in our context, the plan priorities were economic integration; transport facilitation (31.8 per cent of the total budget), and the promotion of free movement of goods and persons through the removal of non-tariff barriers, including the construction of checkpoints juxtaposed. In the field of migration, the 10th EDF RIP (2008-2013) however, despite increasing available funding, focuses on the consolidation of good governance and regional stability by several measures including a better management of migration flows.

2.3 External displacement and migration outside of the region – to Europe

As stated already above, Burkinabe immigration to Europe is not the most common scenario and requires important funding (see section 2.2.2.1). France is the major country of destination for Burkinabe migrants.

France, in line with the EU, adopted a policy framework that constraints largely migration rather than promoting it. In January 2009, Burkina Faso and France signed an agreement on joint management of migration flows and joint development, which was subsequently ratified by Burkina in 2009 and by France in April 2011.170 Entering into force on 1 June, the agreement ‘illustrates the willingness of France to develop with Burkina Faso […] a partnership to ensure, with a view to joint development, better management of migration flows’.171 The document clarifies entry conditions for high-skilled migrants as well as students. It also contains dispositions with regards to development of areas of origin of irregular migrants, including facilitation of remittances.172 In 2011, 105 cases of Burkinabe migrants had been filed but none have been regularised under the agreement.173 The current situation exposes migrants to precarious situations and violations of their rights (ibid).

2.4 “Migration as adaptation”

2.4.1 Within Burkina Faso

Using migration as a coping strategy in Burkina Faso is, according to Mathieu Badolo, unlikely. The demographic pressure will force people to adapt where they are.174 Economic diversification strategies should however be implemented in the framework of long-term planning related to diversification of local economies and reduction of environmental degradation.

Burkina Faso’s policies seem to take a direction that does not promote migration as a possible coping strategy. The National Environmental Action Plan suggests that infrastructure should be developed in rural areas to retain potential rural-urban migrants.175 Burkina Faso’s Poverty Reduction Strategy also intends, among other things, to develop rural roads to create temporary jobs and open up rural areas in order to reduce rural out-migration.176 Finally, curbing rural-urban migration is an explicit goal of the Burkinabe

170 Governement of France /Government of Burkina Faso (GoF/GoBF) (2009) Accord entre le Gouvernement de la

République française et le Gouvernement du Burkina Faso relatif à la gestion concertée des flux migratoires et au développement solidaire.

171 French National Assembly (2009) ‘Etude d’impact pour le Projet de loi autorisant l'approbation de l'accord entre le Gouvernement de la République française et le Gouvernement du Burkina Faso relatif à la gestion concertée des flux migratoires et au développement solidaire’.

172 Governement of France /Government of Burkina Faso (GoF/GoBF) (2009) Accord entre le Gouvernement de la République française et le Gouvernement du Burkina Faso relatif à la gestion concertée des flux migratoires et au développement solidaire.

173 Kabore E., Ouedraogo K. & Ouadraogo Y. (2011) « Immigration en France : des Burkinabè sans-papiers en désarroi », Réseau éducation sans frontières, available at: http://www.educationsansfrontieres.org/article39725.html (24.07.2012).

174 Phone interview with Mathieu Badolo, Coordinator of the regional project on adaptation to climate change of the Permanent committee intra—States for the fight against drought in the Sahel (CILSS), 12 July 2012.

175 C. Beauchemin & B. Schoumaker (2005) ‘Migration to Cities in Burkina Faso: Does the Level of Development in Sending Areas Matter?’, in: World Development, Vol. 33, No. 7, pp. 1129–1152.

176 Government of Burkina Faso (GoBF) (2000) Poverty Reduction Strategy Paper, available at http://www.imf.org/external/np/prsp/2000/bfa/01/ (23.01.2012).

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population policy, which recommends the development of income-generating activities and the improvement of living conditions in rural areas.

2.4.2 Within West Africa

Migration in Burkina Faso is often a traditional way of life, with herders following the livestock and crops across the region on a seasonal basis. It is estimated that about 20 per cent of the Burkinabè live abroad, many of them within West Africa. As this migration forms often part of a seasonal routine, migration within West Africa can be considered, to some extent, as a form of adaptation to seasonal variations of the climate.

Most of migration within West Africa is directed to the Ivory Coast, the traditional migration destination of Burkinabè migrants. The destination of about two thirds of international migration from Burkina Faso is the Ivory Coast. Although this migration used to be primarily seasonal, different accounts tend to indicate that the duration of such migrations has increased in recent years, with migrants staying up to two years in Ivory Coast.

Migration patterns from Burkina Faso are therefore highly dependent upon Ivory Coast’s migration policies. The Houphouët-Boigny doctrine, stating that ‘land belongs to those who cultivate it’, has greatly favoured migration from Burkina Faso. Recent political troubles in Ivory Coast, however, have slowed down migration from Burkina Faso.

2.4.3 Outside West Africa, focus on the EU

Migration from West Africa to Europe is relatively recent, and migrants from Burkina Faso remain a minority amongst West African migrants in Europe. Most of them tend to emigrate towards the centre of Europe, and particularly to France, the former colonial ruler. Such migration patterns however can hardly qualify as ‘migration as adaptation’.

2.4.4 Role of the EU

The EU is currently preparing a staff working paper on environmental migration, as part of its adaptation strategy. Though the paper will not be released until spring 2013, it is expected that it will consider and promote the role of migration as an adaptation strategy. The position of the EU with regard to environmental migration has evolved significantly over the past few years. This evolution is reflected in institutional arrangements: initially, the issue of environmental migration was addressed by the Directorate-General (DG) Environment and DG Development, until the DG Home Affairs took over the responsibility for the issue.

Many of the EU policies with regard to environmental migration, however, remain counter-productive: while migration is often depicted in a positive light in environmental policies, as a way to reduce vulnerability and improve adaptive capacity, EU migration policies continue to discourage and prevent migration.

Burkina Faso, which has one of the lowest Human Development Indices in Africa, has been a priority country for EU development co-operation.

3 Concluding analysis and summary of main important findings

Burkina Faso is probably one of the countries that have been most studied in the context of environmental migration. In particular, the seminal studies of Henry et al. have made it one of the very few countries where environmental migration has actually been quantified.177 This particular position in studies on environmental migration shouldn’t come as a surprise, given the high exposition of Burkina Faso to environmental changes and its patterns of migration as a traditional lifestyle.

177 C. Beauchemin ,S. Henry & B. Schoumaker (2004) ‘The Impact of Rainfall on the First Out-Migration: A Multi-level Event-

History Analysis in Burkina Faso’, Population and Environment, Vol. 25, No. 5, p.423-460; S. Henry, F. Lambin & V. Piché, D. Ouédrago (2004) ‘Descriptive Analysis of the Individual Migratory Pathways According to Environmental Typologies’, Population and Environment, Vol. 25, No. 5, p. 397-422.

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Burkina Faso is highly exposed to environmental changes. Apart from droughts and floods, desertification remains a major challenge affecting Burkina Faso. The economy of the country remains based primarily on the rural sector (agriculture and livestock), which represents about 40 per cent of the GDP. Rural populations tend to be highly vulnerable to climatic shocks, as their livelihoods depend to a great extent on environmental conditions. It is therefore widely acknowledged that climate changes will have deep socio-economic impacts in Burkina Faso. Land degradation especially has serious impacts on livelihoods and agricultural production.

Migration has often been part of a traditional lifestyle in the country. Herders and farmers often follow their cattle and crops on a seasonal basis, also across borders. This is particularly the case with migration towards Ivory Coast, even though this migration flow has been greatly reduced. Migration, however, remains and will remain a tool used to increase revenues and diversify livelihoods, but only for households that can afford the migration costs, which remains important.

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C. Udry (1996) ‘Gender, agricultural production, and the theory of the household’, Journal of Political Economy, 104(5): 1010-1046.

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