Legally Sustainable Remedy To Cattle Menace Of Fulani Herdsmen In Ghana

The Writer

The legal adage which posits that law has the capacity to positively regulate the conduct of people anywhere anytime has never ceased to fascinate me. One reason behind this attraction is how ambitious that proposition looks - sometimes almost daring the intrigues of people in a dreamland. Another reason for this fascination is the fact that law, in action, has proven to do a lot of positive things about human behavior that otherwise would have gone so awry and injurious to public interest.

Through exploitation of the potency of law, the old age menace caused by the activities of Fulani herdsmen in Ghana can be sustainably addressed. That course of action is, indeed, within the realm of reasonable possibilities.

How the menace evolved
Before nomadic Fulani herdsmen found their way into the shores of Ghana, many years ago, some Ghanaians reared cattle primarily as a source of livelihood. Cattle rearing amongst the indigenes were particularly predominant in the northern belt of the country. At this point in time, the cattle used to sparingly destroy crops. This occasionally generated conflicts between farmers and indigenous cattle owners.

There was always a way of amicably resolving such conflicts whenever they occurred. At this juncture, even though conflicts still occasionally arose between farmers and Fulani cattle herdsmen (particularly the nomadic), there still existed harmony amongst the people. This was because there was a more disciplined way of avoiding confrontation and addressing problems when they occurred. This was often done through the forthrightness of traditional authority and commitment by cattle owners not to allow their cattle to invade farms that had been earlier invaded.

However, as human population grew, more nomadic Fulani herdsmen increased, cattle numbers increased and land became scarce or competitive (which was fostered by weather variability’s negative effects on grazing lands), the structures that had ensured harmony amongst competing economic forces were found wanting. Increasingly, it became clearer that time-tested legal and socioeconomic structures were urgently needed to effectively counteract the situation.

Apparently, the authority of chiefs and other elders was heavily undermined, to this extent. Various District Assemblies where the activities of the Fulani herdsmen took place came out with by-laws to regulate such activities. But these were also flagrantly submerged by combined forces of institutional weaknesses of assemblies and sheer overwhelming nature of the menace at hand. This was evidenced by frequent clashes that kept occurring between farmers/indigenes and Fulani herdsmen/settlers.

The situation could not have been more described as a menace. It became worst to the extent that the narrative was generally in favor of ‘them’ against ‘us’. Thus, instead of recalcitrant and errant Fulani herdsmen against farmers/communities, it was rather widely deemed as Fulanis against Ghanaians/indigene residents. Almost a near xenophobia situation creeping into Ghanaian society, it was as if some Fulanis were not Ghanaians or that the destructive activities perpetuated by some Fulani herdsmen were done and shared by all Fulanis in Ghana, unfortunately.

In recent times and even more recently in the first quarter of 2016, the menace has become more particularly awry and nauseating. In Agogo area of Ashanti region, in particular and other areas of the country in general, some of the Fulani herdsmen have allowed their cattle to be on unprecedented rampage destroying crops here and there and adversely affecting livelihoods thereof.

The worst part of it is that because the systems put in place, including ‘operation cow Leg’ and local legal instruments, did not live up to expectation, the disgruntled innocent farmers got killed anyhow by criminal elements of the Fulani herdsmen whenever the farmers complained and reacted to the destruction brought onto their farmlands. This also came along with reprisal attacks where some innocent Fulanis may have been killed.

Ranching legislation
To this day, hundreds have lost their lives to this menace, as the unfortunate situation persists and worsens. If left unchecked or continued to be checked lackadaisically with lack of thoroughness, coherence and decisiveness, many more innocent Ghanaians and foreign herdsmen are bound to lose their lives to the menace.

In a democratic and peaceful country, it is very unacceptable to continue to leave indigenous Ghanaians and Fulani herdsmen to their own fate - as has largely been so far decorated with window-dressing and kneejerk reactions by authorities concerned. That is why there is more than needed a legally sustainable remedy championed by commitment and action to the course of lasting order and justice.

It first brings into broader focus why there is the urgent need to reconsider the free-range manner in which livestock including cattle, sheep and goat are reared by most people in the country including both Fulanis and Indigenes. To this, I propose the following - that a national legislation on rearing of cattle in particular and other ruminants should be fashioned out, enacted and promulgated with immediate effect. Core principles that should guide this legislation will include:

1. Anyone owning, rearing or intending to rear cattle or such ruminants in Ghana must have ranch (es) or very restricted area(s) within which the animals can be kept and fed, much so that no such animals under the possession of any person or group of people can have the freedom to move freely outside the restricted borders to invade, tamper with and or destroy property of others.

This is mindful of the fact, to some extent, that the right to freedom of movement by these animals may be necessarily violated. Under the circumstance, this is the best especially so when the ranching legal framework should provide the most legally appropriate way the animals will be handled in the restricted space.

1. Foreign migrants with cattle or such other ruminants while entering Ghana must under no circumstance be allowed into the country without absolute proof that they have the capacity to acquire space to rear and keep their animals in a restricted space. Without this proof and permit thereof, any such foreign animals and their possessors found illegally wandering in Ghana must have the owners immediately repatriated and have their animals seized for use by hospitals, prisons or such other empathic public establishments.

With respect to foreign animals that have gained legal entry into the country, if they violate the articles of the legislation, the owners should be heavily fined and given a strong warning that three of such violations will result in heavy fines each with their outright repatriation and seizure of their animals on the last count.

In the case of the indigenes or Ghanaians for that matter, first violation will result in heavy fine while three subsequent violations thereafter will result in heavy fines each with the last one attracting outright seizure of the animals.

This proposition is mindful of ECOWAS protocols on free movement of ‘persons, establishment and residence’ (Ch.IV). It also gives recognition to the 1992 constitution which protects the migration rights of foreigners under its own principles and the international laws it binds Ghana to respect and enforce.

The protocols or any international legal instruments by no means deposit any meaning which suggests that the right to free movement of goods, people and services should be recklessly achieved. If that were the case, then the protocols and such international legal instruments may have unreasonably outlived its purpose and far behind the reality of the times.

1. Strict licensing and monitoring mechanisms will be activated to ensure compliance with the tenets and components of the legislation.
2. The ministry of food and agriculture, in collaboration with district assemblies under local government ministry, ministry of justice and attorney general, ministry of interior, ministry of defense, Members of Parliament, Chiefs and opinion leaders, should be the implementing agency under the auspices of a commission.
3. By-laws of district assemblies on ranching should be developed and or strengthened to detail, protect and enhance the implementation of any legislation on ranching

Bottom-line
Formulation, Passage and implementation of ranching law in Ghana are long overdue. The discussions on ranching legislation which started in 2012 have been in the pipeline for too long. The plight and voices of ordinary communities and farmers, particularly the Peasant Farmers Association, on expediting ranching law in Ghana must be respectively alleviated and heard forthwith.

Burkina Faso, Cameroon and other countries in the sub-region have significantly curbed the menace of herdsmen through ranching. There is no excuse why Ghana must not act decisively now - If for nothing at all but at least to ensure harmony, peace and tranquility between farmers/local communities and cattle/animal owners or caretakers. It is important that the foregoing principles and guidelines are incorporated in the ranching law in order to secure a sustainable remedy to the menace of herdsmen in Ghana.

In the meantime, the police and military should constantly have their boots and ears on the ground and take lawfully drastic actions against anyone who is found to disturb the peace of local communities with their cattle or such other livestock.

Adam Abukari
International Legal Specialist
[email protected]