Journal of Rural Studies 76 (2020) 230–239
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Journal of Rural Studies
journal homepage: www.elsevier.com/locate/jrurstud
Intersecting and dynamic gender rights to néré, a food tree species in T
Burkina Faso
Catherine Pehoua,∗, Houria Djoudib, Barbara Vincetic, Marlène Eliasc
a Center for International Forestry Research (CIFOR), 06 B.P. 9478 Ouagadougou 06, Burkina Faso
b Center for International Forestry Research (CIFOR), Jl Cifor, Situ Gede, Sindangbarang, Bogor Barat, 16680, Indonesia
c Bioversity International, Via dei Tre Denari, 472/a 00054 Maccarese (Fiumicino), Italy
A R T I C L E I N F O A B S T R A C T
Keywords: This study examines women's bundles of rights to exploit the pods of a valuable food-tree species in Burkina
Food trees Faso, Parkia biglobosa, locally known as néré. In West Africa, néré pods have traditionally been collected and
Tree tenure processed by women and sold as soumbala, a highly-valued condiment. Given its value to local livelihoods, néré
Burkina Faso is a prized tree that is subject to a particular tenure regime. This study investigates the social factors that define
Parkia biglobosa (néré) women's harvesting rights to néré pods in the centre-west region of Burkina Faso through the lens of inter-
Intersectionality
sectionality. Whereas customary land tenure in Burkina Faso grants men primary ownership and use rights to
land, different groups of women are entitled to harvest food-tree products such as néré pods, in defined spaces.
This study shows how women, who are usually presented as a homogeneous group in terms of rights, are socially
differentiated on the basis of several factors, such as residence status, ethnicity and seniority within their lineage.
This differentiation shapes the nested bundles of rights held by different groups of women on different land
types. Amid broad-ranging demographic, market, and environmental changes, rights to exploit néré pods are
shifting and contested, and insecurity of rights challenges the sustainability and equitability of néré harvesting.
1. Introduction or failure to produce a male heir. Women's rights to land are all the
more challenged when resources become scarce, or in a context of ex-
A common feature of rural African landscapes is a spatial distribu- panding markets for useable land (Rao, 2007; Yoda, 2009).
tion of land uses and plant species that reflects gender relations. Rights to trees on those lands may follow altogether different pat-
Landscapes like the agroforestry parklands in West Africa reflect not terns. Some scholars argue that women generally do not plant trees or
only natural tree regeneration patterns, but also the management tree crops because this is understood to confer long-term and secure
practices of both female and male farmers (Elias, 2015). Furthermore, rights to land, which are not granted to women. In Burkina Faso, where
some areas are characterized by agricultural production systems this study has been undertaken, local customs deny women across
strongly associated with either women or men (Howard and Nabanoga, ethnic groups direct access to land, but women often have considerable
2007; Sachs, 2018) and gender norms shape which crops or phases of ‘indirect’ land rights, in particular through marriage (Amadiume, 2015;
the cropping cycle are under men's or women's responsibility. In fact, in Kevane and Gray, 1999; Paré, 2010; Weidelener, 1973).
several African cultures, certain crops are linguistically classified as Although several studies address gender inequalities in customary
‘feminine’ or ‘masculine’ (Alesina et al., 2013; Sillitoe, 2003). tenure regimes, further analytical refinements are needed to improve
Access to, and use of, natural resources typically reveal gender our understanding of such systems. For one, the tenure issue is often
differences (Bandiaky and Tiani, 2010; Brown and Lapuyade, 2001a; framed in binary terms: as a contestation between men and women, or a
Gurung and Quesada, 2009; Mwangi et al., 2011). In West Africa, under dichotomy between formal and customary rights (Krishnaraj and Kay,
customary tenure arrangements, women have the right to cultivate 2002). Moreover, few authors have delved into the social dynamics
land, but this land remains under the control of male elders (McAuslan, underpinning tree tenure, although these represent an inextricable part
2003; Stevenson, 2005). Rights to land, and the resources it bears, ty- of the broader issue of land tenure; and when analyzing rights to trees,
pically depend on a woman's marital status. According to Kevane and few studies consider differences among women and their negotiation
Gray (1999), such rights often cease in instances of divorce, widowhood around resource access.
∗ Corresponding author.
E-mail address: catherine.pehou@gmail.com (C. Pehou).
https://doi.org/10.1016/j.jrurstud.2020.02.011
Received 29 May 2019; Received in revised form 18 February 2020; Accepted 29 February 2020
Available online 13 March 2020
0743-0167/ © 2020 The Authors. Published by Elsevier Ltd. This is an open access article under the CC BY-NC-ND license 
(http://creativecommons.org/licenses/BY-NC-ND/4.0/).
C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
The case study we present explores these aspects with a particular 2016). In other studies in the region, farmers were growing soybeans, as
focus on the African locust bean tree (Parkia biglobosa), called néré in a substitute for the increasingly rare néré seeds (Cooper and West,
Burkina Faso. For rural and urban populations in the Sudanian and 2017).
Sahelian regions of Burkina Faso and across West Africa, néré plays a Focusing on this high-value tree species, this study demonstrates
significant role in the diet. The most valuable part of the tree is its pod, how social factors interact to shape women's differentiated rights to tree
whose pulp and seeds are used to prepare a nutritious condiment resources. We begin by reviewing gendered access to land and trees in
(soumbala) used as a flavoring agent in grain-based recipes. Women are Burkina Faso, before presenting the methodology used in this study. We
the main harvesters of néré pods, from which they derive income highlight the spatial dynamics of women's access rights to néré, and
(through the sale of soumbala) and a nutritious ingredient to feed their illustrate how women's access to land and néré trees is influenced by
families (Andersen et al., 2013; Kronborg et al., 2013; Sabiiti and residence status, ethnicity, seniority and marital status within the
Cobbina, 1992). lineage. We show that women with limited rights to néré do not pas-
Néré also plays an important role in women's income-generation sively accept this status, but pursue several strategies to overcome this
activities. According to FAO (2012), the market for néré products is exclusion. Finally, we argue that spatially overlapping land rights,
booming and very lucrative. This is a function of increased demand for, linked to emerging markets for land and the erosion of traditional te-
and lower production of néré. In Burkina Faso, the sale of néré products nure regimes, expose certain groups of women to insecure rights to
annually generates US$270 for a rural household, representing the harvest néré, and have impacts on the sustainability and management
price of seeds from 20 trees (Bonkoungou, 2002), while the soumbala of néré trees in the region. In this way, we expand upon the scarce
business generates an average of US$8.3 million for the national literature examining the link between land and tree security and sus-
economy (Nikiema et al., 2005). Rural women derive one third of their tainable management of agroforestry parklands in West Africa (Etongo
income from the sale of néré products (Lamien and Vognan, 2001). et al., 2018a).
Soumbala retains a strong market share due to its key role in traditional
dishes, although competing products are consumed as substitutes. In 2. Conceptualizing gendered access to land and trees in Burkina
the late 1990s, Boffa (1999) reported a very high consumption of fer- Faso
mented néré seeds in Benin, Togo and Burkina Faso, with 50–100% of
the population consuming soumbala on a daily basis. More recent in- Significant international efforts to address women's rights in de-
vestigations indicate that edible néré products are consumed by ap- velopment policies are reflected in treaties addressing human and wo-
proximately 70% of rural households during the lean season in Burkina men's rights (e.g. the Convention on the Elimination of All Forms of
Faso (Vinceti et al., 2018) and that néré is sold less than other NTFPs Discrimination against Women) and in a number of environmental and
during periods of food shortage, when it is kept for home consumption sustainable development instruments (e.g. the United Nations
(Koffi et al., 2017). Convention to Combat Desertification, the United Nations Convention
Concurrently, however, the occurrence of néré, like other food tree on Biological Diversity). Since 2005, Burkina Faso, which is a signatory
species, is declining in some parts of the country, and the species' po- to these treaties and conventions, has been engaged in progressively
pulations are ageing. Natural regeneration of néré is very low in West defining more secure land tenure for its rural populations generally,
African parklands, where crops and trees grow together on cultivated and for rural women specifically. The Law on Agrarian and Land
fields. For instance, in Northern Ghana, Poudyal (2011) noted that only Reorganization (RAF) of 1996 indicated that the land belongs to the
5% of households have more than two young néré trees per hectare in State, which regulates its access. The subsequent National Rural Land
their fields. Several studies attribute such a lack of regeneration of food Tenure Security Policy (PNSFMR), adopted in 2007, among other things
trees to disincentives to plant trees created by ambiguities in tenure stipulated equal right of men and women to access land. In 2009, a
regimes (McDermott and Schreckenberg, 2009; Otsuka and Place, Rural Land Law (Loi N°034-2009/AN Portant Régime Foncier Rural) to
2014). Others, however, call for a more differentiated analysis of ensure equitable access to land for all actors in the rural world in-
farmers’ decisions and conservation practices, and more generally of cluding families, individuals and agribusiness men has been adopted.
the complex linkages between tree density, agricultural intensification, This law further promotes more secure land tenure for poor small-
and evolving local institutions (Brottem, 2011; Binam et al., 2017; Gray holders and favors women's access to land. In particular, Articles 75 and
and Kevane, 2001; Moreda, 2018). The selective protection or planting 76 allow for the transfer of state-owned and community land to vul-
of particular tree species in farmed parklands is driven not only by nerable groups, such as women and young people. In addition, it gives
economic concerns but also by context-specific institutional and socio- women rights to plots in irrigation schemes.
political factors (Poudyal, 2011). Despite this progress in land tenure policies, women's land rights
There is a dearth of data on how the néré market affects collection remain strongly constrained. The Rural Land Law 034-2009 is little
patterns in Burkina Faso, yet findings for similar locally valued NTFPs, known by local actors, and its implementation does not always meet the
such as shea (Vitellaria paradoxa) butter and nuts (Elias and Carney, needs of specific groups, such as migrants, pastoralists and women.
2007), as well as observational data (authors' data, unpublished), sug- Moreover, the procedures for obtaining Rural Land Ownership
gest that rising market demand increases competition among women Certificates (Attestation de Possession Foncière Rurale (APFR) are un-
collectors. This competition is accentuated by the low current avail- affordable to vulnerable groups (Karambiri, 2018; Koala, 2017; Nana,
ability of néré, which causes collectors increasing difficulties in ob- 2018). There have been very few attempts to put the Rural Land Law
taining seeds for consumption or sale throughout the year (Leβmeister 034-2009 into practice, and these remain in an experimental phase
et al., 2015; Tomomatsu, 2014). As a result, néré pods are often har- within development programs (Koala, 2017; Koudougou et al., 2017)
vested before they are fully mature (Tomomatsu, 2014), despite the that depend mainly on increasingly scarce donor funding (Delville and
known negative consequences this practice carries for the quality of Thieba, 2015). Pilot experiences of issuing Rural Land Ownership
fermented seeds (Mette Kronborg et al., 2014). In addition, due to the Certificates (APFR) were carried out in 47 communes by the Millen-
scarcity of néré seeds, soumbala is being substituted by other, less ap- nium Challenge Account (MCA), however, out of 202 APFRs, only 11
preciated, condiments in local diets (Leβmeister et al., 2015; were granted to women (WorldBank, 2014). In practice, customary
Tomomatsu, 2014). Moreover, changing market demand and the tenure systems are therefore still the main institutions regulating wo-
growing pressure on néré resources are changing consumption patterns. men's rights to land and trees; but they pose critical constraints on
A survey conducted in Burkina Faso shows that, as noted above, women women's access to land and livelihoods (Razavi, 2007). In patrilineal
are substituting néré seeds primarily with smoked fish, and ‘Maggi customary regimes, which dominate in Burkina Faso and elsewhere in
cubes’ (28% and 21% of respondents, respectively; Heubach et al., Africa, women's land rights are mediated by the male head of the
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C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
household (i.e. husband, father if unmarried, or uncle) or by male el- well as the shea tree (Vitellaria paradoxa), whose nuts they transform
ders in their lineage (Chikoko, 2002; Kiptot and Franzel, 2011). As into butter for consumption or sale. They represent more than 70% of
such, rural Burkinabè women generally do not own land and cannot the sellers in the urban markets and 90% in the rural markets (Nikiema
inherit land belonging to their native family or husband, and they et al., 2005). In the West African savanna, the two ‘sister’ species are
continue to exploit much smaller land plots than their male counter- found in forest, bush, fields, and fallows, providing food directly in the
parts (1 ha versus 3 ha on average, respectively) (Ouédraogo et al., form of fruit, pulp, seeds and other edible parts (Teklehaimanot, 2004).
2005). Negotiations based on unequal power relations within a household
Access to land and its transmission depend on the region and on shape access to and distribution of resources at the household level
diverse and shifting cultural norms. For example, among Burkinabè (Kevane and Gray, 1999) as well as the time women and men dedicate
ethnic groups where decisions are made by lineage elders (such as the to collecting tree resources relative to conducting other farm duties
Bwa and Gourounsi), ancestral land used to be transmitted according to (Leach et al., 1999). Those gendered arrangements are constantly re-
an adelphic mode of succession (i.e. from one elder to another in the negotiated in rural areas that experience rapid political-economic
lineage). This tendency has now changed, with transmission occurring transformations (Ravera et al., 2016).
from father to son. However, land inheritance rights for women have Within gender groups, too, social differentiation on the basis of
not changed substantially over time, and most women do not inherit ethnicity, generation, status of residence and other factors shape wo-
land. men's access rights and capacity to use a resource and take management
In rural West Africa, it is common to find a separate tenure regime decisions (Ang, 2003; Brockhaus et al., 2013; Djoudi and Brockhaus,
for land and trees. According to Kiptot and Franzel (2011), tree tenure 2011). Hence, as we demonstrate below, conceptualizing women as a
concerns the right to own and use trees. Modern formal, legislative single and homogeneous group leads to neglecting the specific con-
frameworks do not include explicit reference to tree tenure, which is straints that different groups of women face in accessing and using tree
usually assumed to be comprised in statutory land rights (Ouoba, resources.
2010). Likewise, customary rights to trees are little studied given the
frequent assumption that tree tenure coincides with land tenure
(Howard and Nabanoga, 2007; Oguamanam, 2003; Sikor, 2006). 3. Study sites and methodological approach
Like land tenure, access to and control over trees are extremely
complex. Gender influences rights to plant, harvest and fell a tree (Gray 3.1. Study sites
and Kevane, 1999). Tree tenure can vary across tree species, especially
when these have a high value, as in the case of néré. For a given tree This study was carried out in three villages in the centre-west region
species, tenure rights may vary across time, space and among ethnic of Burkina Faso: Kassolo and Pien (Ziro province) and Nebou (Sissili
groups. Native species, which often grow spontaneously, are treated province) (Fig. 1). The villages are characterized by a high level of in-
differently than planted trees. Various parts of a tree and the benefits migration and differ with regard to remoteness of their location and
from their harvest, sale or utilization may entail different ownership proportional representation of different ethnic groups among their in-
and use rights between men and women and between different other habitants. The main ethnic groups in the study sites are Nouni, Mossé
social groups (Butterworth et al., 2005; Fischer andVasseur, 2002). and Fulani. The Nouni (also called Gourounsi) are considered the ori-
Moreover, several individuals may hold use rights to the same tree, ginal inhabitants of the region (Lankoande, 2004). They are custodians
producing a ‘stratification of rights’ (Mansourian and Vallauri, 2005; of the land and responsible for related customs and rituals, whose
Osborn, 1989). Access to a tree and its products usually depends on the practice rests with the village chief (Nouni: Pio) and the land chief or
1
relationship between the user and the owner of the resource, and it is earth priest (Nouni: Tiatiu). The village chief represents the supreme
negotiated among them (Bruce, 1990; Plummer and Fitzgibbon, 2004). authority in charge of political issues, whereas the earth priest is related
These relationships are dynamic and subject to change, for example as a to the first occupant of the area, being his eldest living male descen-
result of the adoption of “survival” strategies in response to drastic dant, and maintains links to the spirits of the earth and the ancestors.
social-political changes. They are also evolving in response to both He is responsible for religious matters (rituals and sacrifices) and pro-
external and internal changes (Tomomatsu, 2014). vides authorization to new settlers to begin farming a piece of land. He
Coulibaly-Lingani et al. (2009) demonstrate that gender differences may delegate decisions about the land to the village chief.
in access to forest tree resources may depend on the nature of the re- Despite their status as autochthones, in 2010 the Nouni constituted
source utilized, which influences, for example, the physical strength less than 50% of the population in the study area (Direction Générale de
required to extract a given product (e.g., wood cutting for fuel wood l'aménagement du territoire du Burkina Faso, 2010). Mossé and Fulani
sale). Due to their limited access to land to grow cash crops, rural migrants moved into the area in successive waves over the past four
women in West Africa are heavily dependent on non-timber forest decades, such that by 2010, these groups represented 50–90% of the
products (NTFPs) as an income source and as a form of social security population, depending on the village, with a predominance of Mossé
(Brown and Lapuyade, 2001b; Dayamba et al., 2016; Lemenih et al., inhabitants. Whereas the Nouni and Mossé are farmers who harvest
2003; Rousseau et al., 2015; Schreckenberg et al., 2006; Shackleton néré products, the Fulani are traditionally nomadic and semi-nomadic
et al., 2008). Labor constraints further contribute to women's reliance herders who have become sedentarized and now cultivate the land and
on harvesting NTFPs that are ‘spontaneously’ occurring rather than harvest néré products in addition to their livestock raising activities.
cultivated, and which require less labor to acquire. We refer to residence status in this paper as the status a household
In Africa, the collection and use of NTFPs for food, fuel, and other acquires at local level in relation to its migration history. On this basis,
purposes are primarily a woman's responsibility (Neumann and Hirsch, we recognize different types of households: 1) Nouni descendants of the
2000; Shackleton et al., 2011; Sunderland et al., 2014), although founding lineage (autochthones), 2) first-wave Mossé or Fulani mi-
2
African men also collect NTFPs (Sunderland et al., 2004). The high grants, who arrived in the area before 1980 and their descendants, and
demand for NTFPs in general, and for néré and shea tree products in
particular, increases pressures on the species' populations (Thiombiano 1 Nouni is the language spoken by the Nouni, whereas Mooré is the language
et al., 2013; Wezel and Lykke, 2006). This has an influence on women's of the Mossé.
harvesting behavior, and can lead to men's interest in entering lucrative 2 This wave of migration is related to two events: a) the Sahel drought
sectors previously dominated by women (Chalfin, 2004; Cunningham, (1970s–1980), with farmers leaving the dry northern areas to the less affected
2014). Nevertheless, women remain the ones predominantly involved South (Ouedraogo et al., 2010), b) state policy to promote the cotton sector
in harvesting, processing, and selling the products of the néré tree, as (Bonnassieux, 2002).
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C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
Fig. 1. Location of the study sites. Source: adapted from Fischer et al. (2011) and Somé et al. (2013).
3) recent Mossé or Fulani migrants, who mainly arrived in the area in 5°N to 15°N and 16°W to 32°E (Hopkins and White, 1984). Its density is
the late 1990s,3 and their descendants. The village of Kassolo has a very higher in the southern part of Burkina Faso and diminishes with in-
strong presence of Mossé and Fulani inhabitants, who are mainly des- creasing latitude. Although the species can withstand drought due to its
cendants from the first wave of migrants. These migrants are well in- deep root system and its capacity to limit transpiration, its optimal
tegrated among the Nouni; they are members of local councils and have growth conditions are in areas with annual rainfall of 600–1200mm. Its
relatively secure land ownership. Some have also inter-married with co- presence is greater in anthropic environments, such as fallows and
resident ethnic groups. The village of Pien has a large migrant popu- farmlands, where cultivation is semi-permanent and scattered trees
lation, which arrived more recently in the area, with second-wave mi- form an open upper layer.
grants. The level of integration in the village is low, and secure rights to Néré trees begin producing pods annually starting at 5–7 years of
land are reserved to the Nouni. Nebou is inhabited by several genera- age, between the months of March and July. Based on the assessment of
tions of migrants. The latest arrivals (late 1990s) have rented their land village elders, néré individuals are considered ageing when they reach
from the Nouni and some have progressively managed to purchase it 50–60 years. In the study sites, the species’ average population density
under the above mentioned law (Law 034-2009). is around 5-10 individuals per hectare (Ouédraogo, 1995), with in-
The study sites are located in the Sudanian ecoregion and in the dividuals between adult and ageing stages.
transition zone to the Sahelian ecoregion, with annual rainfall between
800mm and 1100mm (from June to September) (Fig. 1). The vegeta- 3.2. Conceptual approach
tion is characterized by savannah with scattered trees growing in tra-
ditional agroforestry systems (parklands). Néré is found in cultivated Intersectionality refers to how different axes of social differentia-
fields and fallow lands, together with other important agroforestry, tion, such as gender, seniority and residence status, intersect to create
species such as Vitellaria paradoxa (shea tree), Lannea microcarpa (wild overlapping and interdependent systems of disadvantage (or con-
grape) and Tamarindus indica (tamarind). versely, advantage) (Crenshaw, 1989). In our study, we adopt an in-
Néré occurs in a range of natural and semi-natural ecosystems, from tersectional approach (Djoudi et al., 2016) and draw on Rocheleau and
Edmunds (1997) nested rights and gendered spaces framework to
3 analyze the ways gender, residence status, marital status, ethnicity andThis second wave of migration was induced through: a) state policy pro-
moting “new actors” in the agricultural sector by inciting agricultural migration social seniority interact to shape rights over néré trees in Burkina Faso.
and agribusiness (Zongo, 2010), b) the political crisis in Côte d’Ivoire in the We examine the bundle of rights to néré in a context where rights to
2000s that amplified migration to Sissili and Ziro provinces among Burkinabè harvest products from trees are not systematically attributed and user
returnees who had been working in Ivorian plantations (Ouedraogo et al., groups are not stable. Distinctions exist between rights to the land on
2010). which trees grow, rights to a tree (néré) and to its harvestable products
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C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
(pods). with ethnicity. The Nouni are considered autochthonous in the region,
Based on existing frameworks in the tenure literature (Meinzen-Dick while the Mossé and Peuhl are considered migrants even after years of
et al., 2017; Schlager and Ostrom, 1992), we refer to access rights to settlement (as detailed in section 3.1 above). Within the same modality
land, which are regulated to varying degrees by customary and formal of land acquisition, there are temporal differences. Moreover, amid new
rules, as the rights to enter a defined physical property. Harvesting rights modes of land acquisition (i.e., purchases), negotiations over tree pro-
refer to the right to remove and gather products (e.g. néré pods) from ducts take place, with grey zones emerging when novel situations are
the property, whereas management rights refer to the rights to change not properly accounted for in customary rules. We distinguish four land
the structure and composition of the property (cutting, planting, etc.), access regimes, each affecting different groups of néré harvesters:
exclusion rights refer to the authority to keep others off the property,
and alienation rights refer to the authority to transfer property rights to a) Land under the authority of the household head or lineage
others through sale, bequest, or gift.
In our study, this type of land represented 42% of the area where
3.3. Data collection and analysis pods were harvested. It includes farmlands belonging to the household,
fallows and small plots that women farm, but not woodland. In this land
Using qualitative and quantitative tools, we gathered primary data type, rights to néré pods are restricted to Nouni lineages. Multiple
regarding the use and the management of néré parklands, including lineages occupy this land, which is increasingly assigned to individual
néré trees and their products (néré pods). In total, 180 women across households. Women have harvesting rights for néré pods on their
the three study villages participated in the research (60 per village). A husband's fields, but these may be weakened when croplands are con-
list of adult women from each village was strati ed based on ethnicity verted to fallow, as customary owners retain less control over fallowfi
and residence status. Participants from each of the three resident ethnic than over croplands. In addition, Nouni fallow fields can be loaned,
groups were randomly selected. The number of participants from each rented to another party, or sold; therefore access rights to the land and
ethnic group re ected the relative representation of each group across néré pods for the original holder are limited.fl
the villages investigated. Hence, 62 Nouni, 81 Mossé and 37 Fulani
women—representing 34%, 45%, and 21% of the total sample, re- b) Land borrowed or rented, under sharecropping arrangements
spectively—participated in the study. Each participant came from a
di erent household. This type of land is regulated based on arrangement between mi-ff
The rst author resided in the selected villages during April and grants and autochthones. Migrant Mossé and Fulani borrow land fromfi
May 2013 (néré harvesting season) to observe the harvesting decisions Nouni heads of households or lineages, causing overlapping rights over
and behavior of women participants. She accompanied each participant the same land and to the trees on it. Access, management, exclusion and
on their néré pod collection trips, during which observations and de- alienation rights remain with the lending Nouni head of household. Pod
tailed notes on collection patterns were taken. For each tree harvested, harvesting rights are subject to more complex regulations and shared
specific questions about rights to that tree were posed to construct a between Nouni and migrants depending on timing of the harvest and
granular and precise picture of each woman's ‘bundle of rights’.4 the age of trees. Harvesting rights to trees already present on the land at
The information obtained was coupled with data collected from the the time of the loan remain with the wife of the lending Nouni
same sample of women participants, through semi-structured inter- household head, while the borrower acquires harvesting rights over
views. In a small subset of women participants’ households, other trees that are established on the land after the loan. The wife of the
women household members, aged 55 and over, participated in life lending Nouni household head can decide whom to invite to harvest
history interviews to describe the evolution of access rights over time and share the pods harvested.
and changes in néré collection patterns and practices. Six elder women Older Mossé and Fulani women who came with the first wave of
were thus interviewed. Additionally, semi-structured interviews were migration, as well as their daughters-in-law, share or negotiate har-
carried out with traditional (male) authorities and local representatives vesting of néré pods with Nouni women from lending households.
of administrative institutions (e.g. local elected o cials, the head of the Mossé women face limitations in exploiting néré pods, however. Theffi
local Development and Environment Committee), as well as technical harvesting right is held by their husbands, who give them permission to
sta from the State Forest Service. harvest (as explained in the section: 4.2.1). In addition, they are en-ff
titled to use only the pulp of néré, while its more valuable seeds belong
to their husbands. Fulani women are not subject to the same customary
4. Results rules as their Mossé counterparts. The Mossé and Fulani negotiate dif-
ferent arrangements with Nouni women to overcome limitations in
4.1. Spatial dynamics of access to néré harvesting rights. During the harvest period, Mossé and Fulani women
help Nouni women to harvest trees that were already established on the
Our findings reveal a diversity of rights to land, trees and their land the Nouni lend to migrant households. In exchange, Mossé and
products in the mosaic landscapes of Burkina Faso's Ziro and Sissili Fulani women receive part of the pods harvested. They also keep illicit
provinces. Women harvest néré pods in three types of spaces: croplands harvesters and birds at bay while working in those fields.
and parklands (cultivated fields with scattered trees, mostly néré and The process of negotiating harvesting rights between autochthonous
shea), fallows (former fields temporarily left uncultivated to restore soil and migrant women used to occur peacefully, but is increasingly con-
fertility), and woodlands. frontational. According to Mossé women, first-wave migrants used to
Different authorities and institutions regulate access to these three follow customary rules regarding néré harvesting, but their daughters-
types of lands and to néré pods. In each type, rights are not well defined in-law now claim the same rights over néré pods as their Nouni coun-
and depend on various factors, mainly residence status, which coincides terparts because their husbands, whose parents were migrants, were
born in the village. Furthermore, shifts are occurring, as migrants are
4 increasingly purchasing land, and by doing so, expecting to gain fullA pilot testing of traditional survey techniques (using questionnaires) and
focus group discussions revealed the di culties of using these methods to in- control and rights (access, harvesting, management and alienation)ffi
vestigate a subject as complex, sensitive, and subtle as tree access rights. This over the land and all the trees it carries. However, the terms on which
prompted the use of additional qualitative methods, such as observation of land is purchased or rented are generally defined only verbally, in ne-
dynamics on the ground and informal conversational interviews, to triangulate gotiations that take place among men. When tree harvesting rights are
the information acquired. transferred to buyers, Nouni women blame their husband for poor
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negotiations. profiles: 1) holders of exclusive harvesting rights over néré pods and 2)
holders of shared harvesting rights.
c) Land that is returned to its owner after a loan
4.2.1. Holders of exclusive harvesting rights over néré pods
This type of land is lent by the Nouni to migrant households (Mossé Women in this group constitute a minority of participants in the
and Fulani) and represents 46% of the area where néré harvests occur. study (16%). Two thirds of this group are Nouni women from house-
During the loan period, migrants hold management rights, but when the holds or the lineage that first settled in the area. They decide about
land is returned to its (Nouni) owners, Nouni women exploit both their harvest procedures and practices, and whether to include or exclude
old trees as well as those established during the loan period. The same women from other groups in the harvest. These Nouni women are au-
rules apply when this land is successively lent to different migrant tochthonous and can thus make decisions about the first (and best
households over time. quality) harvest of néré from trees located on the lands under the au-
Under these circumstances, customary rules can be ambiguous and thority of the household head or lineage. The other third of this group is
lead to conflicts, especially when the end of a loan period coincides constituted by: a) first-wave migrant women and their female descen-
with the time néré trees that grew during the loan period have reached dants whose husbands have access to trees that were established in their
maturity and begin to produce pods (at 5–7 years). Some Mossé (3% of borrowed fields during the loan period, and b) second-wave migrant
the study participants) and Fulani (4%) women from formerly bor- women whose husbands have bought the land.
rowing households continue to harvest these trees, but if they are found As shown above, among the Nouni, a néré tree belongs either to a
doing so, they may have their harvest confiscated by Nouni women specific household or to a lineage. Responsibility for harvesting from
from the landholding household. these trees rests with the household's or lineage's wives. On lineage
land, with its shared ownership status, the oldest wife of the lineage's
d) Woodlands under customary leaders' authority head exercises the rights to decide about the harvest of the néré trees.
Lineage land includes both woodlands and household lands, such as
Woodlands include old fallows and pastures that are considered croplands and fallows, distributed to descendants. The oldest wife is the
common property. These are generally described as ‘bush’ or forest. “wife responsible for the lineage's trees”, expected to organize the first
Nouni women rarely harvest néré pods in woodlands because néré trees harvest of the season among women in her lineage. To do so, she
found in those areas are less productive than those found on other types monitors the maturity of the trees and defines the starting date for the
of land (i.e., fields and fallows). In addition, woodlands can be far away harvest with the objective to maximize the number of pods, both ripe
from their homestead, and reaching them can be time consuming. and dry, available for collection when the harvest opens. This is done to
Harvesters with very limited rights to néré pods are the only ones to provide all women in the lineage a chance to gather néré pods. If there
harvest pods in these areas. This practice was reported by only a small is insufficient competent labor available within the lineage, the wife
fraction of women from migrant families (5%), as a last resort to ac- responsible for the lineage's trees may employ the services of Mossé or
quire pods. Fulani harvesters, usually living in the same village, to collect pods for
her (see section 3.2). There were no cases recorded in this study of
4.2. Access rights at the intersection of gender, residence status, seniority, Nouni women offering such services, although we observed that this did
and marital status occur in Nebou.
The wife responsible for the lineage's trees only participates in the
In all the surveyed households, management, exclusion and alie- season's first harvest but grants harvesting rights to other women in the
nation rights to land are held by men. Native Nouni households have lineage for subsequent harvests, in exchange for which she receives part
more secure access rights to land than migrants (Mossé and Fulani). In of their harvest (between 10 and 50%). In theory, even when the wife
the Nouni customary tenure system, land management, exclusion and responsible for the lineage trees is no longer physically able to parti-
alienation rights are under the lineage's authority. With respect to cipate in the harvest due to her age, she retains her responsibility in pod
harvesting rights, women have more decision-making rights on tree management and continues to receive her share of the harvest. In
products (e.g., from néré, shea, baobab, etc.) than men. Each male practice, however, elderly women in this position progressively lose
descendant is entitled to a portion of lineage land. In contrast, ac- their privilege or give it away. As one such elder Nouni woman from
cording to customary practices, the male head of a migrant household Nebou explains: “At my age, what can I still do with the pods? It's sufficient
can acquire access and use rights to the land by borrowing it from if my daughters-in-law prepare everything and serve me. They need the in-
Nouni residents. However, as noted above, land rights are decoupled come more than I do, to cover schooling and health expenditures for my
from the rights to harvest the products of valuable trees already present grand-children". Where trees are owned and managed by a particular
on the land at the time land is borrowed. household, because they are growing on its land, the wife of the head of
Tree ownership is in the hands of the male head of the household the household is responsible for organizing the harvest. In case of a
from the lineage that settled first in the area and is extended to all polygamous household, it is the first wife who takes responsibility for
households from that lineage. The male head of the household from the everything related to the household's pods.
lineage that settled first in the area retains all rights with respect to On lands belonging to or borrowed by Mossé residents, the owner-
trees, including the right to decide to selectively protect, plant or cut ship of a tree depends on the time of its establishment (see the section b
individual trees. under 4.1; Land borrowed or rented, under sharecropping arrangements). If
Although trees are under the control of men, rights to harvest néré néré trees were established during the loan period, the male household
products are mostly held by women. Women are the ones who organize head exercises management as well as exclusion rights over them. In these
and manage the harvest of néré pods and all other activities related to cases, he decides the date of the harvest and its organization. He grants
their transformation and sale. Customary tenure regulations enable harvesting rights to his wife or wives, and in large compounds, to his
married women to access néré trees that belong to their husbands' daughters-in-law. Unlike Nouni wives, who can exercise their har-
household or lineage. This right is acquired through marriage and de- vesting rights over néré pods without their husband's permission, Mossé
nied to single women. However, the latter adopt strategies to overcome women need their husband's explicit authorization to harvest pods from
this lack of access, as discussed below (see section 4.3). Hence, women's their trees and to extract néré pulp and seeds from the pods. They are
rights to harvest néré depend on their ethnic affiliation, residence expected to give their entire harvest to their husband, who decide how
status, and seniority within the village's founding lineage, when ap- much they can keep to prepare soumbala, and how much of this
plicable. These differences broadly translate into two user rights soumbala they should keep for home consumption versus sale. The
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C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
husband sells the unprocessed seeds, while his spouse processes the (pers. comm., Nouni participant, Nebou village).
pulp and seeds allocated to soumbala production for home consumption Precocious néré collection is reported across the three villages.
and sale. Given the relatively limited size of their household land, and When asked about the néré harvesting period, two thirds of the women
the small number of trees on it, Mossé women often harvest néré pods interviewed considered that, during the five years preceding this study,
outside these lands to meet the soumbala requirements of their family the harvest had begun on average 15 days earlier than in the past.
and sell some for income. Harvesters with limited or no use-rights start picking néré pods on
In Kassolo, a minority of Fulani herders engaged in farming small average 16 days before the traditional start date of the harvest, for a
plots manage trees growing on lands they borrowed from Nouni head start. In comparison, harvesters from the other two groups of
farmers. Fulani women in our study indicated that they manage the rights holders begin their harvest on average 7 days earlier than the
harvest from those trees independently from their husbands, harvest traditional harvest start date. Premature harvesting is more pronounced
néré for themselves, keep the pulp for home consumption, and sell the in Nebou (19 days), where settlers’ land rights are increasingly acquired
seeds. Unlike Nouni and Mossé women, Fulani women do not produce through purchase and lease, and in Pien (12 days), where second-wave
soumbala, but rather sell néré seeds unprocessed and purchase soumbala migrants have more limited rights to land, than in Kassolo (2 days),
for their household's consumption. where first-wave migrants now have relatively secure land rights.
A second strategy adopted is secondary harvesting of leftover
4.2.2. Holders of shared harvesting rights pods. Harvesting the pods left on trees by those who carry out the first
Women in this group – defined as ‘wives of the compound’ – share harvest, exposes harvesters to a lower risk of conflict and enables them
their harvesting rights over pods with other wives in the same lineage to harvest mature pods. However, there is a risk of a meagre harvest
or household. These ‘wives of the compound’ can only access néré upon because the pods left on the tree are out of reach of the traditional poles
authorization of the ‘holders of exclusive harvesting rights’, described used for harvesting, and thus difficult to collect. Only skilled tree
above, with whom they must share a percentage of their harvest. The climbers among our study participants believed they could obtain a
“wife responsible for the lineage's trees” grants them permission and gui- reasonable harvest that way.
dance when harvesting néré pods. This group of harvesters represents A third strategy for securing néré pods among harvesters with
nearly one quarter of the women in our study, exclusively from Nouni limited use rights is to offer harvesting services to others. Very few
and Mossé (first-wave migrants) ethnic groups. women adopt this strategy, offering labor in exchange for 10–25% of
the harvest. Mainly elder Nouni women with rights to harvest néré in
4.3. Strategies to overcome the lack of access to néré products their compound (‘wives of the compound’) engaged external labor.
According to elder Nouni women, younger Nouni wives (their daugh-
The largest group of néré harvesters (approximately 60% of our ters-in-law) with shared use rights without control over pods were in-
sample) is composed mainly by second-wave migrants (ca. two thirds creasingly losing or lacked the skills to climb néré trees. Women who
Mossé and the rest Fulani), who settled in the villages more recently, in offer their harvesting services are mainly wives of second-wave Mossé
the late 1990s, and who do not have secure land rights. These more or Fulani migrants from households without access rights to néré trees
recent settlers have access to less productive and smaller plots than and pods.
first-wave migrants. This is due to an increasing scarcity of land, and to Finally, harvesting in woodlands is another common strategy to
more stringent conditions imposed by land owners willing to rent their overcome the lack of harvesting rights in croplands and fallows.
land only to applicants who comply with specific conditions (e.g., Woodlands, which are traditionally under the responsibility of Nouni
willingness to provide them a fraction of their annual cereal harvest). elders, do not belong to any individual or family, but rather to all
On these borrowed and rented lands, there are only a few néré trees members of a village community, who are granted use rights to tree
established during the loan period, to which new settlers have very products. According to Nouni customs, néré pods from trees in wood-
insecure rights. Nouni women from lending households are increasingly lands belong to the head of the village lineage, but out of generosity, he
claiming access rights to these young trees due to the aging of néré in can grant rights to harvest pods to all Nouni and migrant women re-
their own fields and a lack of its regeneration. sidents, without distinction.
There is also a small percentage of Nouni women in this group A few Fulani and Mossé women harvest pods in woodlands, while it
(11%) who have very limited possibilities to harvest néré products. is rare to find Nouni women collecting in these zones, except during
These women have weak harvesting rights to néré on lands that their years of low néré pod production. The yield and quality of néré pods
household have loaned, sold or rented out, in situations where informal collected in woodlands tend to be low due to higher tree densities in
contractual terms maintaining their access to pre-existing néré trees on this type of land use and consequent competition for resources between
these lands are not respected. Harvesters in this group find alternative néré and other tree species. However, the current decline in availability
means of obtaining néré pods to satisfy their income, and produce of néré pods, combined with increasing harvesting pressure from a
soumbala for their consumption, as detailed in the next section. growing number of women, is generating competition among har-
In our study sites, women who lack the right to harvest néré at a vesters. In these circumstances, Nouni women are compelled to exploit
desirable time in any of the contexts described above adopt up to four néré pods in woodlands, competing with their migrant counterparts. In
different strategies to acquire néré pods. First, a large number of women these cases, Nouni women claim priority of access to pods because they
practice precocious or premature harvesting, collecting néré pods are autochthonous.
before those who have customary use rights over the same harvest.
Most households with customary rights attempt to block this practice 5. Discussion
by watching over their trees during the day, usually with help from
elders and children in the household. However, in most cases, pre- Among the villages studied, the majority of the land is under the
mature harvesting takes place at night, when vigilance is lower. During authority of Nouni autochthones. Community forest areas are under the
the néré harvest season, this is a major cause of conflicts within com- authority of the village chief (chef de village), while the rest of the vil-
munities. In addition, as noted earlier, premature harvesting of the pods lage territory is divided between the various Nouni lineages. The de-
negatively affects the seed fermentation process and compromises the cision of a lineage chief to lend his land to a migrant is made in con-
quality of soumbala. Yet, high market demand, even for low quality néré sultation with the village chief, the land chief, and other lineage chiefs,
seeds and soumbala, provides incentives for premature harvesting. even if their opinion is only advisory. In theory, no one else can allocate
Mature néré seeds harvested later in the season are instead used for land to a newcomer without respecting these institutional arrange-
household consumption and social uses, because of their high quality ments, and doing so would put the culprit at risk of being banished
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C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
(Zongo, 2010). However, these traditional arrangements are increas- their husband. These wives have a different perception of their rights,
ingly ignored. The arrival of agribusiness entrepreneurs in the region and demand access rights to néré that were previously restricted to
has created new land acquisition modalities based on gift-giving and autochthonous residents. In Uganda, Howard and Nabanoga (2007)
exchanges of food and money. There is leading to individual decisions have observed that changes in traditional tenure regimes as a result of
about land allocation which favor agribusiness migrant farmers, and to external interventions increased social differentiation and immigration.
tensions and conflicts with autochthonous groups and within auto- In addition, increasing demand for land has modified customary rights
chthonous themselves. over plants. Likewise, our study revealed that the fast-paced, current
The use of an intersectional gender framework reveals the com- socio-economic transformations challenge the traditional land and tree
plexity of rights to néré, a valued food-tree in Burkina Faso and West tenure system.
Africa. Our results underscore the heterogeneity of women who harvest A lack of recognition of these complexities and processes of social
néré pods and the inadequacy of simplistic binary thinking (viz men/ change can result in misunderstanding the challenges women face in
women) to understand tenure in general and tree tenure in particular. accessing tree resources, as the traditional tenure system is not adapting
Gender, ethnicity, residence status, and seniority within the lineage all fast enough to accommodate novel circumstances and may jeopardize
play a role in determining control and use rights to néré pods. Nouni the future of significant income sources for women. Similar results were
women tend to have privileged rights over néré compared to women found in Northern Ghana, where shifts in traditional tenure systems
from migrant Mossé and Fulani groups. Yet, this generalization conceals have had implications for néré tree populations and sustainable land
important differences among Nouni women, who belong to different management. Customary authorities and institutions face new chal-
lineages, which settled in the area at different times. lenges adjusting to social change, particularly with respect to the
Women access tree products in spaces controlled by other, mainly management of common property rights. Both those who hold cus-
male, members of their community, as illustrated in previous studies on tomary rights, and those who do not, face insecurity, and this can
tree rights (Rocheleau and Edmunds, 1997). In addition, women's rights translate into unsustainable management practices of natural resources.
are dynamic and change over time (Ouedraogo et al., 2010). None of Enhancing the enabling institutional environment, including through
the women in our study held management and alienation rights; a small appropriate policies and incentives on land and tree tenure, can posi-
proportion had exclusion rights applied only to néré products and not to tively influence the adoption of sustainable land management practices
the land. Even Nouni women, who appear to be in a more favorable (Etongo et al., 2018b).
position, do not hold inalienable and unalterable rights over néré pods;
they may lose them or need to negotiate them in some circumstances.
6. Conclusions
As highlighted by Agarwal (1994), women benefiting from a privileged
social position are equally exposed to insecurity regarding their access
This study reflects the complexity of rights to access néré pods,
to land and trees, and their privilege over other women is only relative.
moving beyond a dichotomy based on gender to examine the nested
Insecurity emerges especially when land is transferred from one
bundles of women's rights. These rights are shaped by several factors of
household to another, usually at the start of a fallow period.
social differentiation that extend beyond gender, including ethnicity,
Harvesting rights over tree products from land that is subject to
residence status, marital status, seniority within a lineage. Insecure use
overlapping access rights (i.e., borrowed land or land returned to the
rights to néré pods affect mostly women from migrant ethnic groups,
owner after a loan) are most susceptible to change and their re-
but also a minority of Nouni autochthones. Our findings underscore the
negotiation can cause conflicts. In particular, the change from culti-
need to recognize the heterogeneity of women and the stratification of
vated land to fallow, and vice versa, is a sensitive transition for néré
rights along various axes of social differentiation, and across spaces and
harvesters, which often implies changes in access rights. Our findings
land use types.
are in line with other studies that have shown that customary tenure
This study illustrates how women's rights to tree products are dy-
rights over trees are reinforced when land is under more intensive
namic and relational. Although to different degrees, all women in the
management, and weakened when fields are converted to fallows (Boffa
study area remain vulnerable to changes in land use or ownership,
et al., 2000; Gausset et al., 2003; Wiersum and Slingerland, 1997).
which have a direct effect on access rights to néré. Tenure insecurity or
Thus, intensity and continuity of agricultural production influence the
lack of néré harvesting rights create patterns of resource use with ne-
exclusivity of rights to trees growing on cultivated land (Gausset et al.,
gative outcomes for the sustainability of (néré) tree resources. Early
2003; Lykke et al., 2004).
harvesting of néré pods is one strategy that women with limited use
Our results indicate that when land is transferred via sale, rent or
rights draw upon, which may constrain regeneration of néré trees and
loan, previously existing rights for both sides in the transaction are
lead to low quality soumbala. The expansion of the néré market, and
sometimes unclear. Migrants who borrow land for cultivation can lose
more generally, changing values and transactions for land on which the
their rights over néré trees that are established during the loan period
species grows, challenge the security of women's access to néré. Our
when the land is returned to its original owner. This situation can di-
findings underline the need to consider tree rights in land tenure po-
minish the willingness of borrowing households to invest in protecting
licies, particularly for valuable trees, like néré. Reforms of environ-
or planting néré trees. The combination of insecurity around land te-
mental and land legislation should contribute to mitigating risks to
nure and poorly defined rules over néré exploitation in customary te-
women's livelihoods and to guiding changes in customary tenure re-
nure systems can lead to conflicts and fuel competition for resources.
gimes to account for new social and land dynamics in rural environ-
This can be further enhanced by the significant in-migration and the
ments.
associated increasing demand for land, by an emerging land market, by
the demand for néré products, which remains high despite the docu-
mented cases of substitution with alternative products, by the con- CRediT authorship contribution statement
sequent relatively high price of néré products, and the low level of néré
tree regeneration. This situation is leading women with limited access Catherine Pehou: Conceptualization, Formal analysis,
to néré pods to find different strategies to secure their harvest, in- Investigation, Methodology, Writing - original draft, Writing - review &
cluding reliance on precocious harvesting and collection of all available editing. Houria Djoudi: Conceptualization, Investigation,
néré pods, posing further constraints on néré tree regeneration. Methodology, Project administration, Supervision, Validation, Writing -
Customary tenure regimes are also under pressure. A new category review & editing. Barbara Vinceti: Conceptualization, Funding acqui-
of harvesters, the wives of male descendants of former migrants, are sition, Project administration, Validation, Writing - review & editing.
gaining access to néré pods through purchase or rental of the land by Marlène Elias: Methodology, Validation, Writing - review & editing.
237
C. Pehou, et al. Journal of Rural Studies 76 (2020) 230–239
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