As a long time close observer of the rural world and peasant farmers’ organisations, I would like to address the Members of Burkina’s Parliament and invite them to take a fresh look at a piece of legislation, currently known as the « Loi 14 ». What does it say ? When a leader from the farming community talks about the Loi 14, he refers to Act n° 014/99/AN of April 15th 1999 , which regulates co-operative societies and associations. It has now been in force for over 10 years. It is time to make an evaluation of its effects.

Let us take a fictitious example (keeping in mind, however, that reality often outstrips fiction !) : An association of 20 women decides to set up a co-operative. Once it has had official approval, it will fall under the rules of Loi 14. Among the women in the new organisation, only three have learnt to read and write (this exactly reflects the national average of 85% illiteracy among rural women). Of course these three women will be elected to office in the executive committee (the leading body of the organisation, as laid down by Loi 14). They will probably be assigned to the posts as president, secretary and treasurer. But what will happen at the end of their term of office? What does the law say?

Article 45 : The mandate of executive committee members is three years, renewable for one more term.

Article 46: The executive committee elects, among its members, a president, a treasurer and a secretary, by secret ballot.

The law further states that when a member of a co-operative has held office for six years in the executive committee(even in different capacities), she/he has to leave for at least three years.

Let us return to our women’s co-operative. Let us imagine the case of one literate member who has been a treasurer for 3 years, then secretary for another 3 year term. As she has done a good job in both these positions, all the members of the co-operative would elect her their president.

But this is ruled out by law ! She – and the other 2 women – have worked for 6 years in the committee.The co-operative now has to elect an executive of illiterates !

What could possibly be a better preparation for a future president than working as an executive member, in various capacities? Why does the law not grant such women the opportunity to be elected president by their members?
Why is the legislation of Burkina so restrictive, when it comes to farmers? One may well ask that question.

I know, for instance, a farmer who worked for 6 years as a treasurer, then left for some time (although less than the 3 years required by the Loi 14). When the president of the organisation wished to retire, after three years, members of the co-operative repeatedly turned to their former treasurer, asking him to take over. In the end he accepted. At the general assembly of the co-operative he was elected president with a very large majority. When the authorities learned of the result and told the co-operative that this is against the law, members failed to understand…

Such a situation is indeed difficult to comprehend. Members are well aware that they themselves are the owners of their co-operative and if it is badly managed, no one will come to rescue it for them. When ,on the other hand, they elect those best fit to run the organisation, they are told that this is against the law. And that it is wiser to put people unable to read and write at the head of their organisation rather than break the law. I can not think of one single business company that would agree to operate in accordance with the Loi 14.

The time has now come to review this Act. Burkina needs strength in its agriculture and therefore efficient, honest and trained leaders. They must be given the opportunity to learn on the job, inside their organisations, holding various posts in succession.
The president of a co-operative has to have authority. Should not the president, as well as the secretary and treasurer be elected directly by the general assembly (instead of the executive committee)?

To limit mandates to a three year period, renewable once, is acceptable. This should however only apply to one particular job, so that an elected official could remain for longer than 6 years,taking on the post as treasurer, secretary and president in succession.

Once more, Burkina Faso needs a strong agriculture and therefore strong farmers’ organisations.

Right Honourable Members of Parliament – most of you have been elected by farmers. Take a new look at the Loi 14. Get information. Consult with farmers’ leaders in your constituency. Prepare amendments, which open the way for tomorrow’s leaders in the farming world. In this way farmers’ organisations will be reinforced and better managed. And this will be of benefit to the country as a whole.

Koudougou, April 6th 2010
Maurice Oudet
Director, SEDELAN