INTRODUCTION
The Economic Community of West African States (ECOWAS) Protocol on Transhumance adopted in 1998 was designed to facilitate the free movement of pastoralists and their livestock across West Africa (ECOWAS Transhumance Protocol – 1998, Decision A/DEC.5/10/98). However, given Nigeria’s escalating insecurity—particularly farmer-herder conflicts, banditry and terrorism, the Protocol’s continued relevance and effectiveness have come under close scrutiny. The present intervention carefully examines the implications of the Protocol, making a case for its review, while analyzing the historical and contemporary challenges of pastoralism in West Africa, with specific focus on Nigeria.
Transhumance: Historical background and contemporary challenges
Transhumance, particularly among the Fulanis, has existed for centuries, with seasonal migration between the Sahel and savannah regions. It is their socio-professional venture designed to maintain the productivity of livestock. This practice, which they have found effective in maintaining the productivity of livestock, is highly lucrative. In a paper published in 2019 by the International Organization for Migration titled, “Regional Policies and Response to Manage Pastoral Movements within the ECOWAS Region”, it was noted that Sahelian “Transhumant pastoralism supplies an estimated 65 per cent of beef, 40 per cent of mutton and goat meat, and 70 per cent of milk in this region. In Mauritania, livestock breeding contributes to 70 per cent of the total agricultural GDP. In Niger, livestock is the second most important export product behind uranium. In Mali, Burkina Faso and the Niger, the livestock sector contributes to more than 25 per cent of the total GDP”.
What started positively later became sour with the advent of colonialism. Colonial policies disrupted traditional grazing routes, creating tensions that persist till date. Post-independence governments neglected pastoralist welfare, leading to marginalization and conflicts.
Several sources however indicate a growing call for a review of the ECOWAS Protocol, specifically concerning the deadly movement of herders. These calls are often linked to reports that some herders have since formed armed gangs, engaging in cattle rustling, kidnappings and banditry. Some Fulani militias have been serially implicated in communal violence, thereby complicating conflict resolution.
It is pertinent to note that pastoralists are mostly itinerant illiterates who rely on knowledge passed down to them by their fathers or family members from one generation to another. Due to their lack of Western education, most pastoralists often experience political marginalization and social stigmatization. In environments where natural and public resources are reserved to “indigenous” populations, they remain strangers and “non-citizens” who are excluded from basic rights. In the coastal States, there is considerable hostility towards mobile herders and their animals due to their predatory nature. In public discourse, they are also associated with armed groups and violence, leading to the stigmatization of an entire socio-professional group (International Organization for Migration, “Regional Policies and Response to Manage Pastoral Movements within the ECOWAS Region”).
The ECOWAS protocol
With a view to addressing the challenges highlighted in the preceding paragraph, the Economic Community of West African States (ECOWAS), in 1998, came up with a protocol. Article 3 of the protocol provides for the right to free passage of all animals across the borders of all Member States. Also, the protocol introduced what is termed “ECOWAS International Transhumance Certificate” for each herd, providing information on the composition of the herd, the vaccinations given, the itinerary of the herds, the border posts to be crossed, and the final destination. This certificate is issued by the livestock department and initiated by the local administrative authorities in the country of origin. The International Transhumance Certificate enables authorities to monitor the herds before they leave the country of origin, to protect the health of local herds, and to make it possible to inform the host communities of the arrival of transhumant animals. This certificate, upon presentation, shall be verified and counter-signed by the competent authorities at the entry and exit points in the host country under Article 6. Also, under the protocol, the herders must follow the routes defined by Member States in accordance with the itinerary indicated on the ECOWAS International Transhumance Certificate. The herders must also enter and leave each country at official border crossings, and may not pass the border at night.
The establishment of the Economic Community of West African States (ECOWAS) in 1975 marked a significant step towards regional integration in West Africa. It is important to note that ECOWAS is the only regional economic community in Africa with specific regulations governing transhumance. Its regulations aim to improve livestock productivity and food security, enhance the environment and reduce poverty. However, these regulations (protocols), inspired by the vision of a unified and prosperous West Africa, aimed to dismantle colonial-era borders, foster economic growth, and promote a sense of shared citizenship among member states.
While the protocol lays the foundation for a borderless West Africa, it also recognizes the sovereign rights of member states to maintain public order, public health, and security. As a matter of fact, some coastal states do not allow pastoralists into their countries. For instance, Benin Republic recently banned the entry of foreign herders into its territory. Togo and Côte d’Ivoire also monitor and control the number of herders that enter their territories annually (https://theconversation.com/ecowas-rules-to-protect-pastoralists-discourage-investments-in-modern-livestock-farming-213493).
Challenges bedevilling the ECOWAS protocol on transhumance
1.Free movement vs. National security
The ECOWAS Protocol on transhumance was inter alia, inspired by the vision of a unified and prosperous West Africa, aimed to dismantle colonial-era borders and foster economic growth among member states. By progressively removing restrictions on the movement of citizens within the community, ECOWAS has indeed facilitated trade, tourism, and cultural exchange, contributing to the interconnected sub-region.
However, the implementation of this protocol has not been without its challenges, particularly for a large and geographically central nation like Nigeria. As Nigeria is faced with a complex and intensifying security crisis, fuelled by banditry, terrorism, kidnapping, and various forms of organized crime, the potential for the unchecked movement of criminal elements across its extensive and often poorly managed borders has become a significant concern. The ease of entry afforded by the free movement protocol, coupled with porous borders and inadequate security infrastructure, creates a fertile ground for transnational criminal networks to operate within Nigeria, intensifying existing security challenges and introducing new dimensions of threat.
It has been often stated, in defence of the pastoralists, that some of the pastoralist are themselves victims of banditry and that militias use them, under duress, to smuggle arms into the country. It is pertinent to note that weak border controls enable the influx of foreign herders, exacerbating conflicts over land and resources in Nigeria. Rather than an outright abrogation of the protocol, which may amount to throwing the baby out with the bath water, the government of each state may have to look inward and address the weaknesses in its borders and frontally attack. See the cases of Abu v. State (2024) LPELR-62381(SC), and Apph & Ors v. Oturie (2019) LPELR-46301 (CA).
(To be continued).
Thought for the week
Almost half of the population of the world lives in rural regions and mostly in a state of poverty. Such inequalities in human development have been one of the primary reasons for unrest and, in some parts of the world, even violence.
(A.P.J. Abdul Kalam)