entitled to claim their ancestral rights and receive proper compensation for this
destruction or historical and current alienation of their wealth and resources.
148. According to Law No. 034-2009/AN of 24 July, 2009 on the rural land regime, rural
lands belong to the Nation. In this regard, the State, as the custodian of the general public
interest, performs the following:
- ensure the rational and sustainable management of rural lands;
- fight against land speculation in the rural areas and encourage the effective development of
rural lands for the well-being of the people;
- ensure the sustainable use of rural lands in the interest of future generations;
- work towards the effective legal recognition of the legitimate local land rights of the rural
populations;
- ensure the guarantee of the right to property and the regularly established possession of rural
lands, and
- generally ensure the protection of national interests and the preservation of the national
landed property in the rural areas.
The State only takes the national interest into account to ensure the management of lands. It
guarantees free administration and justice in land-related issues for all.
c) Equality and Non-Discrimination in Access, Acquisition, Possession, Hereditaments
and Control of Land and Housing, particularly by women and members of low-income
groups.
149. In unplanned rural areas, legal pluralism actually exists (customary law and modern law)
with a preponderance of customs which are unfavourable for groups like women. In planned
rural areas, the requirements specify that women are beneficiaries of planned plots. In
addition to women, other groups like the youth can access land and use it appropriately.
150. All lands under the rural land regime of the State are surveyed, demarcated and registered
in the name of the State. The same goes for lands under the rural land regime of the local
authorities. The State and local authorities can proceed with the expropriation of a legal
entity or natural person for a public purpose or the exercise of the right of pre-emption, in
accordance with the prevailing enactments. In accordance with Article 75 of the law on rural
lands, organize special programmes on the individual or group allocation of planned rural
lands of their respective rural land regimes for the benefit of disadvantaged groups of farmers
such as small-scale farmers, women, the youth and stockbreeders.
151. The possession of rural lands can also be exercised on an individual basis (when the land
at issue comes under ownership of one person only) or a collective basis (when the land at
issue comes under ownership of several persons, particularly a family). The owner is issued
with a rural land possession certificate which has the value of a title of possession and is
transferrable by inheritance. It can also be transferred inter vivos at no cost of charge or for a
consideration and in accordance with the conditions provided for by the enactments on the
reorganization of the agrarian and land sector in Burkina Faso. In the event of a dispute over
its ownership, the owner may institute a possessory action before the courts of competent
jurisdiction. The judge before whom a possessory action is brought may visit the site in order
to ascertain the reality of the land situation and collect the necessary additional information.
He may request the assistance of a relevant expert registered by the courts and tribunals of
Burkina Faso.
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