Agreement between the Daoussahaq community in Talatayt (Mali) and Peulh community in Niger on the peaceful exploitation of natural resources

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Country/entity: Mali
Niger
Region: Africa (excl MENA)
Agreement name: Agreement between the Daoussahaq community in Talatayt (Mali) and Peulh community in Niger on the peaceful exploitation of natural resources
Date: 13 May 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict Mali - Niger: Local cross-border conflicts
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Mali Local Processes
Parties: Daoussahaq community representatives from Talatayt (Mali) and Peulh from Niger
Pour la communaute Daoussahaq de Talatayt (Mali): Mr Farock Ag Fakana
Pour la communaute Peulh (Niger): Boubacar Boudja dit Laga
Third parties: Representatives from the Idarfan, Kel Essouk, Imajaghan, Peulhs and Sonrhaï communities from Mali as well as the Djerma, Arab and Kel Tamacheq communities from Niger.

Pour les communautes temoins: Farok Ag Hamatou (Mali), Tahirou Adamou dit Benjamin
Description: Agreement between representatives from Talatayt (Mali) and Peulh (Niger) that aims to end pastoral disputes and banditry. It involves the support of the national governments of Mali and Niger but also ways to involve communities and local leaders in conflict resolution.

Agreement document: ML_NE_160513_Agreement between the Daoussahaq community in Talatayt (Mali) and Peulh community in Niger_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): ML_NE_160513_Agreement between the Daoussahaq community in Talatayt (Mali) and Peulh community in Niger_fr.pdf (opens in new tab)| Download PDF

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: Article 2: To effectively combat the network of animal thieves active on both sides of the border, the two communities agree on:
...
• The restoration, revitalization, and strengthening of the authority of the State, religious leaders, and the traditional chiefdom.

Page 3: Section II: The peaceful coexistence between the two communities around the use of Natural Resources
Article 5: The parties note that the conditions for social cohesion and peaceful coexistence around the use of pastoral resources are becoming difficult in this area. To increase harmony around the use of pastoral resources it is necessary to maintain a frank dialogue and regular consultation meetings between community leaders in the area

Page 3: Article 8: For better compliance with the rules and customs of their host communities, the following measures will be taken:
...
• Community leaders must inform their citizens about the habits and customs of the host communities
...
• Community leaders, located on both sides of the border, must meet to develop a local convention around the management of natural resources respecting the rules of the two countries

Page 3: CHAPTER III: Monitoring of the Agreement
Article 10: To aid peace-building and security activities (see the action plan in the appendix), the two communities agree on the rapid establishment of a network of community leaders within and across borders. This network will be monitored and supported in the execution of its activities by technical and financial partners and the authorities of the two countries.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 3: Article 8: For better compliance with the rules and customs of their host communities, the following measures will be taken:
...
• Ask States and partners to create modern water sources (eg large wells) to relieve water troughs while respecting local norms and standards.
National economic plan: No specific mention.
Natural resources: Summary: Entire agreement relates to use of natural resources
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: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2: CHAPTER I: Restoring peace, security and trust between the two (2) communities
...

Article 2: To effectively combat the network of animal thieves active on both sides of the border, the two communities agree on:
...
• Each community identifying and denouncing bearers of weapons within its community
...
• Requesting of the Malian State a correct implementation of the peace agreement (disarmament of combatants)
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
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: No specific mention.
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: No specific mention.
Related cases: No specific mention.
Source: Available from https://www.hdcentre.org/wp-content/uploads/2019/01/Accord-Peulh-Daoussahaq-mai-2016.pdf (Accessed on 1/4/2020).

AGREEMENT BETWEEN THE DAOUSSAHAQ COMMUNITIES OF TALATAYT (MALI) AND THE PEULHS OF NIGER RELATING TO THE PEACEFUL USE OF NATURAL RESOURCES ALONG THE MALI-NIGER BORDER

Following the meeting held in Tillabéry on May 11, 12 and 13, 2016, the Daoussahaq community representatives from Talatayt (Mali) and Peulh from Niger, hereinafter referred to as "the parties", assisted by representatives from the Idarfan, Kel Essouk, Imajaghan, Peulhs and Sonrhaï communities from Mali as well as the Djerma, Arab and Kel Tamacheq communities from Niger:

- Considering the recommendations of the intercommunal and cross-border forum held in Banibangou from 04 to 06 July 2011;

- Considering the recommendations of the meeting on peace and security, held in Tillabery on July 23, 2011;

- Considering the commitments relating to the return of peace and security along the border, made by the leaders of the Daoussahaq community before the Malian Minister of Security and Civil Protection, in Ménaka on July 29, 2011;

- Considering the agreement for the end of hostilities between the Peulh and Daoussahaq communities signed on August 21, 2011 in Ménaka

- Considering the content of the Agreement for Peace and Reconciliation in Mali;

- Considering the agreement on the end of hostilities signed between the two parties on December 23, 2015 in Bamako

- Considering the willingness of the two parties to implement the provisions of the following commitments for a final and lasting settlement of the conflict, which has divided the two communities for many years, around the use of natural resources along the Mali border /Niger

Both parties have agreed as follows:

CHAPTER I:

Restoring peace, security and trust between the two (2) communities

Section I:

the network of bandits that has formed on both sides of the border and who use weapons to take animals from all communities living along the border:

Article 1:

By this agreement, the parties agree that:

The network of thieves, bandits, brigands, or robbers is without borders and without community.

Consequently, its dismantling seems essential for the restoration of peace and security along the common border;

Article 2:

To effectively combat the network of animal thieves active on both sides of the border, the two communities agree on:

• Requesting the authorities of the two countries ensure strict enforcement of the laws governing robbery in both countries.

• The restoration, revitalization, and strengthening of the authority of the State, religious leaders, and the traditional chiefdom.

• Each community identifying and denouncing its bandits and thieves among vigilante groups, militias, butchers, unscrupulous security forces and local authorities

• Each community identifying and denouncing bearers of weapons within its community

• Ensuring Local and national authorities penalize unscrupulous agents whose involvement and / or complicity in the theft of livestock have been proven.

• Requesting that the two states establish cooperation and mutual assistance between the judicial authorities on both sides of the border.

• Requesting the two states strengthen the relations of cooperation and collaboration between the security forces of the two countries along the border.

• Using intermediaries (brokers and butchers) to find stolen animals

• Increasing inter and intra-communal meetings around cattle theft and banditry along the border of the two states

• Requesting of the Malian State a correct implementation of the peace agreement (disarmament of combatants)

• Asking the Nigerien State to organize a meeting with all herdsmen around the problems and evils which undermine pastoral activity in the area

• Requesting of the two states to create advanced security posts (joint patrols) along the border

• Creating joint vigilance committees (made up of community leaders from both countries) along the border.

• Promoting twinning between municipalities on the border between the two states.

Implementing the recommendations and commitments made during this meeting at the level of the border communities of the two (2) countries.

• Within livestock markets, scrupulously identifying the animals entering and leaving markets, as well as the names of sellers and buyers (for traceability of transactions in the event of complaints)

• Strictly prohibiting any transaction outside the markets recognized by the State

• In order to reduce the theft and concealment of animals in livestock markets, ensuring communities regulate the function of intermediary brokers and butchers

Section II:

The peaceful coexistence between the two communities around the use of Natural Resources

Article 5:

The parties note that the conditions for social cohesion and peaceful coexistence around the use of pastoral resources are becoming difficult in this area.

To increase harmony around the use of pastoral resources it is necessary to maintain a frank dialogue and regular consultation meetings between community leaders in the area

Article 6:

For the rapid return of peace and trust between the two communities, some essential actions seem necessary to carry out:

• Reactivate and strengthen local conventions for the management of pastoral resources along the border

• Raise-awareness amongst the different communities on the strict application of the rules and conventions governing access to pastoral resources.

• Disseminate / popularize the rules governing the use of pastoral resources

• Niger leaders are asking the Niger State to build pastoral, educational, and socially-conscious water infrastructure in the area.

Section III:

Respect for rules, agreements and traditional principles governing transhumance and the use of Natural Resources

Article 7:

The parties recognize that in order to ensure the peaceful use of cross-border resources, herdsmen must be required to strictly respect the traditional principles governing the management of pastoral resources within their host communities.

Article 8:

For better compliance with the rules and customs of their host communities, the following measures will be taken:

• Before transhumance, all herdsmen must inform themselves about the habits and customs of their destination in order to make all the arrangements necessary to strictly respect these.

• Community leaders must inform their citizens about the habits and customs of the host communities

• In Mali, customary, municipal and state authorities must ensure strict compliance with the ban on the use of the fonio plains before the collection of fonio (compliance with the provisions of the Pastoral Charter of Mali)

• Community leaders, located on both sides of the border, must meet to develop a local convention around the management of natural resources respecting the rules of the two countries

• Strict compliance with local conventions, customs and practices surrounding water troughs in host communities

• The municipalities must take all the measures to assign to the traveling herdsmen zones or spaces to dig troughs so that their animals have access to water.

• Ask States and partners to create modern water sources (eg large wells) to relieve water troughs while respecting local norms and standards.

• The correct dissemination of regulatory texts governing transhumance in the two countries and in the ECOWAS region

• Correct involvement of national institutions and / or services responsible for the management of pastoral resources in the dissemination of regulatory texts

• Inform and raise awareness among traveling herdsmen so that they are in good standing with regard to the laws and rules governing transhumance in the two countries and the ECOWAS region

CHAPTER II:

Priority measures

Article 9:

To speed up the process of reconciliation between the two communities, it is important to take the following measures urgently:

• Strict observation of the measures contained in the end of hostilities agreement signed between the leaders of the 2 communities on December 23, 2015 in Bamako

• Bring together leaders located on both sides of the border in order to resolve certain misunderstandings that may arise before the implementation of this agreement

CHAPTER III:

Monitoring of the Agreement

Article 10:

To aid peace-building and security activities (see the action plan in the appendix), the two communities agree on the rapid establishment of a network of community leaders within and across borders.

This network will be monitored and supported in the execution of its activities by technical and financial partners and the authorities of the two countries.

Article 11:

Any dispute arising from the application or interpretation of this agreement will be settled amicably.

Either party may request in writing any review or amendment of all or part of this agreement.

Article 12:

This Agreement comes into force on the date of signature.

Done at Tillabéry on 05/13/2016

In five Original copies, in French