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INSTITUTIONAL RESILIENCE and INFORMALITY the Case of Land Rights Mechanisms in Greater Ouagadougou, Burkina Faso

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INSTITUTIONAL RESILIENCE and INFORMALITY the Case of Land Rights Mechanisms in Greater Ouagadougou, Burkina Faso INSTITUTIONAL RESILIENCE AND INFORMALITY The Case of Land Rights Mechanisms in Greater Ouagadougou, Burkina Faso. Julie Touber Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy under the Executive Committee of the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2016 © 2016 Julie Touber All rights reserved ABSTRACT INSTITUTIONAL RESILIENCE AND INFORMALITY The Case of Land Rights Mechanisms in Greater Ouagadougou, Burkina Faso. Julie Touber Land informality, or the absence of clear property rights, has been identified as a strong cause for lower economic development performance. In Africa, despite the presence of a formal institutional setting of property rights and established laws, the practice of land rights has favored a persistent informal institutional regime. This dissertation addresses the reasons for the persistence of land informality in the presence of formal laws in the case of Ouagadougou in Burkina Faso. Using process tracing, I dissect the processes of land conflict resolutions within the formal and informal institutions in order to pinpoint reasons for such prolong informality. I identify a very coherent and organized institutional set within the customary institutions, and the ambiguous relationship these institutions have with formal institutions. The inability of the formal institutions to resolve the informality issue is not the result of incompetence; it is the result of survival mechanisms from both the informal and formal institutions. Informality is the effect of the layered institutional setting and persists because of the resilience of survival mechanisms. TABLE OF CONTENT List of Figures iv List of Tables v Introduction 2 PART 1: FRAMING THE THEORETICAL AND METHODOLOGICAL CONTEXT 8 Chapter 1: The Reading Frames Debunking Concepts of Tradition and Modernity in the African Context 9 1.1. Urban Modernity vs. Rural Tradition 11 1.2. Territories and Population: Conquering Societies vs. Enduring Static Population 15 1.3. The Urban Growth Disease vs. the Rural Stability 23 Chapter 2: Literature Review The Political Economic Framework of Informality, Land and Rights 27 2.1. Economic Development vs. Informality 28 2.1.1. The Nature of Economic Development: Western Universality as a Developmental Goal 28 2.1.2. Defining Informal Economy 31 2.1.3. Property Rights and Informality 33 2.2. The Nature of Land: A Moral Puzzle 35 2.2.1. Land as a Commodity 35 2.2.2. From a Moral Statecraft to the Neoliberal Doctrine 37 2.3. Rights and Space 40 2.3.1. Internationalism and Nationalism 42 2.3.2. Modernism and Tradition 44 2.3.3. The Urban and the Rural 46 Chapter 3: The Issue and Method Approaching the Endogeneity Puzzle of Institutions and Growth through a Case Study 49 3.1. The Institutional Debate in the African Context 49 3.1.1 .Geography and Institutions 49 3.1.2. Land and People in Africa 54 3.2. Research Design 57 3.2.1. Overview of the Approach and Research Question 57 3.2.2. The Choice of Process Tracing as a Methodological Approach 60 3.3. The Case Study 65 3.3.1. The Choice of Ouagadougou in Burkina Faso 65 3.3.2. Field Work and Data Collection 67 i PART 2: THE CASE OF OUAGADOUGOU, BURKINA FASO 71 A Snapshot of Burkina Faso 72 Chapter 4: The Customary Institutions The Mossi States 74 4.1. History of the Mossi Kingdoms: An Ancient State-Building Process 75 4.1.1. A Society without Text and An Oral Culture: The Challenge of History vs. Historicity 75 4.1.2. The Origins of the Mossi Kingdoms: Legend and Linguistic 78 4.1.3. Centralized Administration and Local Powers: The Symbiosis of Kingdom and Chiefdom 80 4.1.4. The Tenga and the Naam: Land and Power Dualism as a Concept of Unity 85 4.2. The Mossi Empire: From the Colonial Upper Volta to the Republic of Burkina Faso 88 4.2.1. The Submissiveness of the Mossi Kingdoms to the Colonial Powers 88 4.2.2. The Mossi Institutional Adaptation to the French Colonial Power 91 4.2.3. The Colonial Heritage: Ouagadougou, Capital of the Upper Volta and the Mossi Empire 95 4.2.4. The 1984 Revolution: The Birth of Burkina Faso 99 Chapter 5: The Customary Law Organization, Concepts and Practices 101 5.1. Mossi Institutions and the Customary Law: Politicizing the Customary 101 5.1.1. Today’s State of the Mossi Institutions: Politics of Survival 101 5.1.2. Defining “Indinalism”: Social Organization and Principles 109 5.1.3. Customary Law: a Tool of Social Control 111 5.2. The Importance of Practices and Beliefs: The Modern Shadows of Tenga and the Naam 113 5.2.1. Tenga: Where the Dead Are Buried 113 5.2.2. The Wak: A Modern Continuation of the Naam 117 5.2.3. What Does It Mean for Conflict Resolutions 121 Chapter 6: The Lawful Land and the True Land Three Cases Studies 124 6.1. Ouagadougou: A Complex Administration under Influence 126 6.1.1. Defining the Urban: Floating Boundaries on the Customary Model 126 6.1.2. Understanding the Political Outcome of the Lotissement 131 6.1.3.The Administrative Procedure for a Land Title 135 6.2. The Chiefdom of Ziniaré in the Municipality of Ziniaré 137 6.2.1. Presentation of Ziniaré and Its Administration 137 6.2.2. The State of the Mossi Institutions 142 6.2.3. Conflict Resolution Mechanisms 146 6.3. The Chiefdom of Taab Tinga and the Municipality of Bogodogo in Ouagadougou 152 6.3.1. Presentation of Taab Tinga and Its Administration 152 6.3.2. The State of the Mossi Institutions 156 6.3.3. Conflict Resolution Mechanisms 161 ii 6.4. The Chiefdom of Koubri and the Municipality of Koubri 165 6.4.1. Presentation of Koubri and Its Administration 165 6.4.2. The State of Mossi Institutions 168 6.4.3. Conflict Resolution Mechanisms 172 6.5. Summary and Conclusion 174 Chapter 7: The Modern Institutions Principles, Influences and Practices 178 7.1. Aliens Principles and Concepts 183 7.1.1. The Universalist Doctrine: The Civil Code 183 7.1.2. The Maxist-Leninist Doctrine: The 1984 Law 187 7.1.3. The Liberal Doctrine: The 1991 Constitution and the Following Laws 190 7.2. From the French Influence to the American Influence: A turn in Development Aid 197 7.2.1. Understanding the Development Project of Ganzourgou 197 7.2.2. The 2009 Law: Securing Property Rights with the Customary Authorities 201 7.2.3. The 2012 Law: An American Enterprise 205 7.3. Practice and Analysis of the Legal Frameworks 211 7.3.1. Getting the Data 211 7.3.2. Analysis of the Data 215 Conclusion 222 Bibliography 232 Appendix 244 Glossary 245 Annexes 246 Annex 1: Comparative Evolution of the Population of Burkina Faso with the World Population and the Urban World Population. 246 Annex 2: Request Letter for an Audience with the Mogho Naba. 247 Annex 3: Letter from the Burkinabe Ministry of Justice authorizing me to conduct research in the Tribunal de Grande Instance de Ouagadougou and Ziniaré. 248 Annex 4: Land Conflicts Matrixes 249 Annex 5: Dossier du titre foncier 286 iii List of Figures Figure 1: The Urban/Rural Divide under the Colonial Ruling. 12 Figure 2: The Capital and Labor Dynamics under the Colonial Ruling. 13 Figure 3: Theory-Building Process-Tracing to Understand the Under-Development of Africa. 64 Figure 4: Map of Burkina Faso and its Ethnic Groups. 66 Figure 5: Maps of Burkina Faso – Geographical Overview. 72 Figure 6: Map of the Mossi Kingdoms at the End of the 19th Century. 84 Figure 7: Standardization of the Space by the Mossi Institutions. 87 Figure 8: The Institutional Structure of Today’s Mossi Administration. 106 Figure 9: His Majesty the Mhogo Naba and myself in Ouagadougou. (photography) 108 Figure 10: Driving North-East to Ziniaré. (photography) 114 Figure 11: André Dimsingré Ouedraogo, Kurita Albert Ouedraogo and Francis Soudré. (photography) 115 Figure 12: Calendar-Poster Exhibiting the President and the Customary Institutions. 120 Figure 13: Location Map of the Chiefdoms of Ziniaré, Taab Tinga and Koubri. 125 Figure 14: Map of the Région Centre of Burkina Faso and Its Seven Provinces. 129 Figure 15: Aerial View of Ouagadougou in 1930. (photography) 131 Figure 16: Floor plan of an Informal Plot in the Center of Ouagadougou. 132 Figure 17: Building Steps of the Informal Settlements in Ouagadougou. 133 Figure 18: The maisons entrée-couché on the Road to Koubri from Ouagadougou. (photography) 134 Figure 19: Pictures of the Commission d’Attribution des Parcelles where Land Titling Procedures are Done. (photography) 136 Figure 20: The Main Road of Ziniaré. (photography) 138 Figure 21: Regional Bus Stop in Ziniaré. (photography) 138 Figure 22: Market of Ziniaré. (photography) 138 Figure 23: Unpaved Roads in Ziniaré. (photography) 139 Figure 24: Indication Board from the Main Road to the Ziniaré City Hall and Unpaved Road to the City Hall. (photography) 140 Figure 25: The Cadastral Map of Ziniaré in the National Land Service. (photography) 140 Figure 26: List of Land Plots and their Registered Owners. (photography) 141 Figure 27: In the Malegrenaba’s Home with his Family in Ziniaré. (photography) 143 Figure 28: Fermentation of the Dolo and Kola Nuts. (photography) 143 Figure 29: The Malegrenaba, the Chief of Ziniaré, Francis Soudré and Edmond Tiendrebeogo. (photography) 144 Figure 30: The Royal Court of Ziniaré. (photography) 146 Figure 31: At the Chief of Land’s Home in Ziniaré: the Kamnaba and the Tinsoaba. (photography) 147 Figure 32: The Tinsoaba of Ziniaré with the Kamnaba and his Court in his Home. (photography) 149 Figure 33: Getting to Taab Tinga in Sector 28 of Ouagadougou.
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