Social contract between farmers and pastoralists in the commune Rugombo, Cibitoke province, Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Social contract between farmers and pastoralists in the commune Rugombo, Cibitoke province, Burundi
Date
23 Mar 2006
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/local conflict
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Burundi: Local Process
Parties
This contract, although signed by the members of monitoring committee, was adopted by sixty thirteen men and women representing farmers and ranchers. They came from all the hills of the Commune RUGOMBO.
Third parties
These meetings have been supported by the presence of representatives of the Administration, Justice and the D. P. A. E. and were held in CIBITOKE of 22 to 23 March 2006
Description
In this agreement, the pastoralists and the farmers in the commune of Rugombo set out rules for peaceful coexistence


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders
Page 2:
1.2. Claims


We, breeders, call on the farmers to do as follows:

...

-  Do not come rushing to lead the cows to the Municipality before having warned the owner and have shown to the elders.
Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access

No specific mention.

Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights
Pages 1-4
After several exchanges with each other, the participants in the workshop have come to the conclusion that these attitudes derive from the following causes:

-  the laxity of the cow herders; 


-  the plethora of herds; 


-  the shortage of pastures available for the grazing of cows; 


-  the notorious impunity benefiting herders responsible for damage; 


-  the nuisance attached to the attitudes of contempt shown by herders; 


-  the vagrancy of uncontrolled cattle; 


-  a galloping demography; 


-  a rapid expansion of herds in the areas of grazing; 


-  The free entry of cows across national borders; 


-  a great concentration of herds from the communes nearby and neighbouring countries; 


-  pathways obstructed for the passage of cows and transformed into fields. 
After having made a broad overview of these various problems, farmers and breeders have agreed as follows: 


1. Commitments and claims of pastoralists 

1.1. Commitments

We, breeders, commit ourselves to the following in relations with farmers:

-  Prohibit firmly to our shepherds from letting the cows invade the fields and, if that ever happens, seek the forgiveness and discus with the farmers affected so that there is agreement with them for reparation of damages; 


-  Seek to rapidly ascertain the damage caused by cows, before the herd has left; 


-  To avoid hurtful words uttered against the farmer. 


1.2. Claims


We, breeders, call on the farmers to do as follows:

-  Not poison our cows, nor their inflict of injuries or beating; 


-  Not intimidate herders with the objective of scaring them away so that the cows left to themselves 
can wander in the fields and devastate large areas; 


-  Not to imprison cows, in particular those who have to breast-feed calves; 


-  Not criminalise cows when the latter have not been taken in the fields; 


-  Do not come rushing to lead the cows to the Municipality before having warned the owner and have shown to the elders. 
2.

Commitments and claims of farmers 


2.1. Commitments


We, farmers, among farmers take the firm commitment below: 


-  Not to cause the death of cows, in any way whatsoever; 


-  Not to impose sanctions ourselves; 


-  Not to use hurtful words vis-à-vis the farmer. 


2.2. Claims


We, farmers, ask of the pastoralists and their livestock as follows: 


-  Not to graze their cows in our fields, but rather to contribute to protect our produce; 


-  If the incident is happening, diligently try to minimise the damages;

-  Give good instructions to the herders of their cows; 


-  Not to burn the fields; 


-  Not to unearth the cassava and steal any other produce from the fields for the purposes of feeding their cattle. 


-  To avoid to carry weapons of war such as the rifles, grenades and lances during the custody of cows; 


-  Not to be physically violent to farmers; 


-  Do not take pretext that the cows kept belong to the authorities 


3. Recommendations 


3.1. Directed at the administration: 


-  Avoid take party at the conflicts between farmers and pastoralists.


-  To separate the areas of pasture from those reserved to the farms by well-defined perimeters. 


-  In the Commune of RUGOMBO, prohibit the entry of cows from other Communes and particularly of neighbouring countries. 


-  Intervene only after failure of amicable arrangements between the parties in conflict or failure of mediation at the base. 


-  In the programming of projects of public interest, take into consideration the concerns of farmers and ranchers. 


3.2. Directed at the legal authorities:

                -  Do not request pots of wines, because they are in fact of corrupt practices ; 

                -  When the farmer is the complainant and injured, do not compel him/her to endless back-and-forth with the obvious intention to oblige him/her to be denied and losing the trial for having failed to continue due to the discouragement of the delaying tactic. 
3.3. Directed at the D.P.A.E.: 

                -  To separate the spaces reserved to agriculture of those devoted to cultures. 

                -  To establish the estimate of litigation, without bias. 

                -  Leave it to the agronomist the competence of assessing the damage before the disappearance of traces. 

                -  Accompany the farmers and ranchers by the contribution of appropriate techniques that can help to improve yields of their farms. 
3.4. Directed at the NGOS and other stakeholders / donors 

                -  Support the efforts for strengthening and the dissemination of commitments of parties throughout neighbourhood, and on all the hills of the Commune. 

                -  To help farmers in the granting of equipment watering and support the work of maintaining and maintenance of irrigation channels. 

                -  To assist in the production of reports of the workshop. 3.5. Directed at the Monitoring committee 

A monitoring committee shall be set up to ensure respect of the commitments of parties and execute the following mandate defined.
Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access
3.4. Directed at the NGOS and other stakeholders / donors 

                -  Support the efforts for strengthening and the dissemination of commitments of parties throughout neighbourhood, and on all the hills of the Commune. 

                -  To help farmers in the granting of equipment watering and support the work of maintaining and maintenance of irrigation channels. 

                -  To assist in the production of reports of the workshop.

Security sector

Security Guarantees
Page 3:
We, farmers, ask of the pastoralists and their livestock as follows: 

-  To avoid to carry weapons of war such as the rifles, grenades and lances during the custody of cows; 

-  Not to be physically violent to farmers;
Ceasefire

No specific mention.

Police

No specific mention.

Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces

No specific mention.

Corruption
Page 3:
3.2. Directed at the legal authorities:

                -  Do not request pots of wines, because they are in fact of corrupt practices ;
Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations
Transitional justice→Reparations→Material reparations
Page 1-2
1. Commitments and claims of pastoralists 

1.1. Commitments
We, breeders, commit ourselves to the following in relations with farmers:

-  Prohibit firmly to our shepherds from letting the cows invade the fields and, if that ever happens, seek the forgiveness and discus with the farmers affected so that there is agreement with them for reparation of damages; 


-  Seek to rapidly ascertain the damage caused by cows, before the herd has left; 


-  To avoid hurtful words uttered against the farmer.
Reconciliation

No specific mention.


Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism
Page 4-5
3.5. Directed at the Monitoring committee 

A monitoring committee shall be set up to ensure respect of the commitments of parties and execute the following mandate defined.

What is the mandate of committees?

Take part in, to the administrative authorities and judicial had not participated, the commitments and conclusions from the dialog between two days of trade between farmers and ranchers. 


Monitor the incidents of invasion of cows in the cultures (ubwone). 


Facilitate dialog between the parties in the case of ubwone. 


Work with the agronomists to establish the estimate damaged areas in the case of ubwone. 


Ensure respect of the contract between the parties.

Ensure the monitoring of meetings during which: 
a. advice and information can be exchanged 
b. arrangements may be negotiated on the non-consensual solutions but rows in the possible solutions 


The members of the committee are elected by area and represent all the hills of the Commune RUGOMBO.
Related cases

No specific mention.

Source
Community Peace Recovery and Reconciliation: A Handbook for Generating
Leadership for Sustainable Peace and Recovery among Divided Communities (Nairobi,
The National Steering Committee on Peacebuilding and Conflict Management (NSC),
Ministry of Provincial Administration and Internal Security, Office of the President;
Agency for Co-operation & Research in Development (ACORD) and United Nations
Development Programme, 2011), pp. 59-62

Social contract between farmers and pastoralists in the commune Rugombo, Cibitoke province, Burundi

For several years there has been such an entrenched disagreement between farmers and pastoralists in the commune of RUGOMBO, in the Province CIBITOKE, that in certain places the two parties do not even greet each other.

Offences such as the slaughter of cows and the murder of shepherds have already been registered, highlighting difficult cohabitation between the two groups.

After several exchanges with each other, the participants in the workshop have come to the conclusion that these attitudes derive from the following causes:

- the laxity of the cow herders;

- the plethora of herds;

- the shortage of pastures available for the grazing of cows;

- the notorious impunity benefiting herders responsible for damage;

- the nuisance attached to the attitudes of contempt shown by herders;

- the vagrancy of uncontrolled cattle;

- a galloping demography;

- a rapid expansion of herds in the areas of grazing;

- The free entry of cows across national borders;

- a great concentration of herds from the communes nearby and neighbouring countries;

- pathways obstructed for the passage of cows and transformed into fields.

After having made a broad overview of these various problems, farmers and breeders have agreed as follows:

1. Commitments and claims of pastoralists

1.1. Commitments

We, breeders, commit ourselves to the following in relations with farmers:

- Prohibit firmly to our shepherds from letting the cows invade the fields and, if that ever happens, seek the forgiveness and discus with the farmers affected so that there is agreement with them for reparation of damages;

- Seek to rapidly ascertain the damage caused by cows, before the herd has left;

- To avoid hurtful words uttered against the farmer.

1.2. Claims

We, breeders, call on the farmers to do as follows:

- Not poison our cows, nor their inflict of injuries or beating;

- Not intimidate herders with the objective of scaring them away so that the cows left to themselves

can wander in the fields and devastate large areas;

- Not to imprison cows, in particular those who have to breast-feed calves;

- Not criminalise cows when the latter have not been taken in the fields;

- Do not come rushing to lead the cows to the Municipality before having warned the owner and have shown to the elders.

2.

Commitments and claims of farmers

2.1. Commitments

We, farmers, among farmers take the firm commitment below:

- Not to cause the death of cows, in any way whatsoever;

- Not to impose sanctions ourselves;

- Not to use hurtful words vis-à-vis the farmer.

2.2. Claims

We, farmers, ask of the pastoralists and their livestock as follows:

- Not to graze their cows in our fields, but rather to contribute to protect our produce;

- If the incident is happening, diligently try to minimise the damages;

- Give good instructions to the herders of their cows;

- Not to burn the fields;

- Not to unearth the cassava and steal any other produce from the fields for the purposes of feeding their cattle.

- To avoid to carry weapons of war such as the rifles, grenades and lances during the custody of cows;

- Not to be physically violent to farmers;

- Do not take pretext that the cows kept belong to the authorities

3. Recommendations

3.1. Directed at the administration:

- Avoid take party at the conflicts between farmers and pastoralists.

- To separate the areas of pasture from those reserved to the farms by well-defined perimeters.

- In the Commune of RUGOMBO, prohibit the entry of cows from other Communes and particularly of neighbouring countries.

- Intervene only after failure of amicable arrangements between the parties in conflict or failure of mediation at the base.

- In the programming of projects of public interest, take into consideration the concerns of farmers and ranchers.

3.2. Directed at the legal authorities:

- Do not request pots of wines, because they are in fact of corrupt practices ;

- When the farmer is the complainant and injured, do not compel him/her to endless back-and-forth with the obvious intention to oblige him/her to be denied and losing the trial for having failed to continue due to the discouragement of the delaying tactic.

3.3. Directed at the D.P.A.E.:

- To separate the spaces reserved to agriculture of those devoted to cultures.

- To establish the estimate of litigation, without bias.

- Leave it to the agronomist the competence of assessing the damage before the disappearance of traces.

- Accompany the farmers and ranchers by the contribution of appropriate techniques that can help to improve yields of their farms.

3.4. Directed at the NGOS and other stakeholders / donors

- Support the efforts for strengthening and the dissemination of commitments of parties throughout neighbourhood, and on all the hills of the Commune.

- To help farmers in the granting of equipment watering and support the work of maintaining and maintenance of irrigation channels.

- To assist in the production of reports of the workshop.

3.5.

Directed at the Monitoring committee

A monitoring committee shall be set up to ensure respect of the commitments of parties and execute the following mandate defined.

What is the mandate of committees?

Take part in, to the administrative authorities and judicial had not participated, the commitments and conclusions from the dialog between two days of trade between farmers and ranchers.

Monitor the incidents of invasion of cows in the cultures (ubwone).

Facilitate dialog between the parties in the case of ubwone.

Work with the agronomists to establish the estimate damaged areas in the case of ubwone.

Ensure respect of the contract between the parties.

Ensure the monitoring of meetings during which:

a. advice and information can be exchanged

b. arrangements may be negotiated on the non-consensual solutions but rows in the possible solutions

The members of the committee are elected by area and represent all the hills of the Commune RUGOMBO.

[Signatures]

Rugombo Zone:

6 names

Cibitoke Zone:

6 name

This contract, although signed by the members of monitoring committee, was adopted by sixty thirteen men and women representing farmers and ranchers.

They came from all the hills of the Commune RUGOMBO.

These meetings have been supported by the presence of representatives of the Administration, Justice and the D. P. A. E. and were held in CIBITOKE of 22 to 23 March 2006