Chapitre VI. Efforts pour conserver la diversité biologique

Date de sortie	27/03/2009
Donateur	Ibrahim DIAKITE
Couverture géographique	Mali
Mots clés	conservation de la biodiversité

Chapitre VI EFFORTS DE CONSERVATION DE LA BIODIVERSITÉ

Bien que les actions spécifiques entreprises en faveur de la conservation de la diversité biologique soient limitées sur le terrain, il faut reconnaître que divers efforts ont été faits et continuent d'être faits dans le domaine plus général de la conservation des ressources naturelles. Ces efforts se sont concentrés sur les mesures politiques, institutionnelles, législatives et réglementaires, les actions de conservation in situ et ex situ et le renforcement des capacités humaines.

6.1 ACTIONS POLITIQUES, INSTITUTIONNELLES ET LEGISLATIVES

6.1.1 Au niveau politique

Dans le cadre de la protection de l'environnement et de la gestion des ressources naturelles, le Gouvernement du Mali a adopté le Plan National d'Action Environnemental, la Convention Internationale de Lutte contre la Désertification, cadre global d'orientation des actions dans le domaine de la protection. Elle a également élaboré une politique forestière qui visait avant tout la mise en œuvre d'actions contribuant à la satisfaction des besoins en bois des populations, à la lutte contre la désertification.

La lutte contre la désertification a été définie comme « une approche globale d'utilisation rationnelle des ressources naturelles » permettant une exploitation plus productive du milieu naturel dans le cadre d'un plan national de développement avec la participation effective des populations.

Since then, several forest management projects and programs have made people's participation a requirement. These concerns were expressed in the project document of the National Plan to Combat Desertification (PNLCD) adopted in 1985 and later translated in 1987 into a program to combat desertification. The PNLCD has made it possible to develop several national and local initiatives in the management of natural resources based on land development plans. I

It should be remembered that a special place was given to trees in the fight against soil degradation and in improving the living environment, in particular in the first five-year plan 1961-1965. We will remember the slogan broadcast by Radio Mali “ Terrible warriors are threatening your country: plant Somo, Gmelina and Neem and you will save your country ”.

The management of issues of conservation of natural resources, promotion of plant and animal production intended for food and more directly issues of conservation and use of biological diversity emerged gradually from the colonial heritage. It has developed and amplified over time, particularly with the onset of drought and the famines it has caused. In a more recent phase, this management has experienced a refinement, a more advanced concentration on the very theme of the conservation and use of biological diversity. We can note among others:

systematic consideration of the phenomena of drought and the degradation of ecosystems in the planning process for economic, social and cultural development;
the launch of multiple land development and management projects with the commitment and active participation of populations and NGOs;
the implementation of a major natural resource management project and a Rural Development Office geared towards environmental protection;
agricultural research efforts (IER, 1992) with a view to discovering plant varieties and promoting the emergence of rural production systems adapted to the different ecosystems;
the adoption of a major National Environmental Action Plan which will make it possible to channel energies towards a dynamic environmental policy and to introduce more coherence in the conduct of actions;
the signing and ratification of numerous international conventions aimed at the sustainable management of natural resources, the conservation and use of biological diversity.

In addition to the National Environmental Action Plan (where programs affecting biological diversity have been prioritized), certain national policies implemented implicitly or explicitly take into account concerns relating to the management of natural resources in general and the conservation of biological diversity in particular (see Table 11).

Table 11: Main policies taking into account the conservation and use of biological diversity

POLICIES	GOALS	STRATEGIES	ACTIVITIES	INTERESTS FOR THE DB
1. National decentralization policy	- Streamline economic development - Ensure regional balance - Guarantee social balance - Accelerate economic and cultural development through the participation of the population in the management of public affairs; - Promote good governance	- Creation of TCs - Assignment of broad missions to these TCs: design, programming, implementation of dev. economic, social and cultural	- Spatial planning - Creation and management of collective equipment, in particular rural hydraulics - Realization of agro-sylvo-pastoral activities; - Training of local elected officials in local development planning	- Empowerment of grassroots population in resource management - Res protection. Natural by the CTs and especially the flora and fauna reserves. - In situ conservation of genetic resources: cereal seeds, animal species and breeds, fishing areas - Restoration of degraded areas - Enactment of local measures taking into account local specificities
2. Outline of land use plan and preliminary drafts of regional land use and development plans.	- Giving economic and social planning a territorial dimension - Create a framework for dialogue between the State and its partners in the territory - Serve as a frame of reference and consistency of programs and sector plans - Promote sustainable management of natural resources	- Regional integration through the creation of infrastructures - Creation of a limited number of poles and axes of development - Promotion of a policy of secondary cities - Protection of the natural environment and ecosystems	- Carrying out diagnostic studies - Zoning according to vocations - Development of layout plans	- Valorization of potential and rational exploitation of ecosystems - Provide information on animal species and breeds, plant seeds and technologies adapted to different ecological zones
3. National Population Policy	- Controlling demographic growth - Ensuring the spatial redistribution of the population - Ensuring the integration of women in development - Ensuring the protection and preservation of renewable resources - Informing and training populations - Monitoring the population/resources balance - Carrying out diagnostic studies - Design and disseminate information/training and extension programs, education - Transfer Appropriate technologies - Ensure the balance between population growth, the potential of NR and the exploitation of DB - Develop technologies adapted in the fields of forestry, agronomy and animal husbandry.
4. National Strategy for the Fight against Poverty (SNLP).	B - Provision of plant seeds and animal breeds adapted to the different agro-ecological zones in order to increase the incomes of poor producers - Preservation of local breeds bred by the poor and adapted to the different ecological zones. - Improved awareness of poor people to the values of biodiversity - Increased income of poor people from biodiversity; - Encouragement for the conservation of biological diversity; - Reduction of pressure on resources in areas inhabited by the poor through the development of alternative activities; - Organization and structuring of the poor around DB conservation. - Encouragement for the conservation of biological diversity; - Reduction of pressure on resources in areas inhabited by the poor through the development of alternative activities; - Organization and structuring of the poor around DB conservation. - Encouragement for the conservation of biological diversity; - Reduction of pressure on resources in areas inhabited by the poor through the development of alternative activities; - Organization and structuring of the poor around DB conservation.
5. Action plan for the advancement of women (1996-2000)	- Support the development and protection of women's action - Participation of women in economic development and environmental protection - Increase and diversification of agricultural, animal and fish production - Processing of animal and plant products - Popularization of improved stoves and adapted technologies - Valorization of harvested products - Conservation of genetic resources and seeds - Wider dissemination of technologies favorable to the objectives of the CBD
6. Rural Development Master Plan (SDDR)	- Seek food security - Improve the production and productivity of the rural development sector - Ensure the sustainable management of natural resources - Harmonization of different approaches - Enhancement of assets and removal of handicaps that jeopardize objectives - Creation of an economic and social environment more favorable - Promotion of sustainable development - Empowerment of rural producers and civil society - Restructuring of MDR services. - Development of a strategy and action plan for the transfer of missions and functions - Development of programs; - Development of a land use plan - Protection and restoration of ecosystems - Development of flora and fauna reserves - Inventory and better use of genetic resources (plant and animal) - Valorization of endogenous conservation and utilization technologies biological resources - Transfer of genetic resources and technologies: improved seeds, reproduction biotechnology. - Close advisory support to producers - Restoration and maintenance of soil fertility
7. Water Resources Development Master Plan	- Provide decision-makers with a planning tool for coherent orientations for the development of water resources - Define the institutional environment - Determine water needs according to uses - Inventory of water resources - Promote better exploitation of water resources water - Promote the participation of populations in their development - Collection of basic data on water - Conduct of studies on watersheds - Strengthening of the collection of basic data on fluctuations in groundwater - Management of water resources - Fight against pollution - Protection of migration areas of certain species of birds - Protection of breeding areas of certain fish - Conservation of the diversity of aquatic flora and fauna - Development of areasarid from water management
8. Domestic Energy Strategy (SED)	- Ensure the widest possible access of populations to energy at the lowest cost - Protect existing wood resources - Limit the harvesting of wood for energy purposes - Generate tax revenue at the local level - Design of supply master plans . energy wood for large cities - Preparation of village forest management plans - Improvement of charcoal production - Strengthening of the role of the private sector in demand and supply - Design of forest management plans - Support for the various professionals involved and for State agents - Training - Information - Assistance in the marketing of timber - Improvement of management - Introduction and develop.
9. Ten-Year Education Development Program	- Increase the overall rate of schooling - Increase the literacy rate - Create an active attitude of children towards the environment - Training of teachers and pupils - Introduction of the environment into school programs - Development of programs - Sensitization of teachers and students - Promote knowledge of biological diversity, access to genetic resources and the transfer of appropriate technologies.
10. Long Term Plan for Agricultural Research	- Describe the desirable evolution of the IER in the long term, - Determine the human, physical and financial resources necessary for the implementation of research - Adapt agricultural research to development objectives.- Contribute to increasing agricultural production and rational management of natural resources - Reorganization of the IER - Regionalization of Research Centers - Participation of users in programming - Monitoring–Evaluation of research results - Implementation establishment of central structures - Development of operating and management manuals - Development of a development plan for researchers - Development of regionalized programs - Creation of regional user commissions - Inventory of genetic resources - Organization of their ex situ conservation and the use of genetic resources - Development of technologies - Institution of invention patents
11. Initial national strategy for implementing the United Nations Framework Convention on Climate Change.	 Provide a framework for integrating the climate change dimension into economic and social development policy. - Propose mitigation options in priority sectors (energy, livestock, rice cultivation, land use, and forestry) taking into account national development concerns - Identification and assessment of technologies, practices, policy and institutional measures - Develop a climate scenario describing in a coherent way the possible future state of the climate; - Promote locally developed economy technologies; - Provide reliable hydraulic information and forecasts taking into account climate change; - Improve water management; - Propose alternative solutions for pasture management; - Design a database dynamic information - Determination of vulnerability: adaptation for the Agriculture and Water Resources sector. - Reduced pressure on forest resources; - Reduce pollution linked to the emission of methane by rice cultivation; - Conserve local plant diversity - Rehabilitate pastures - Facilitate informed decision-making
12. Prospective National Study Mali 2025	 Identify a reduced number of fundamental problems in order to be able to realize a vision, examine and select possible options for responding to strategic questions - Economic pragmatism and social synergy - Cotton mirage and legalistic outburst - Consolidation of social unity and cohesion by based on the wisdom conferred on Malian society by its cultural diversity - Political and institutional organization guaranteeing development and social peace; - Strong, diversified and open economy; - Improvement of the environmental framework; - A better quality of human resources in a fair and united society - Planning and participatory management of development; - Development, transformation and enhancement of agricultural production; - Franking of the primacy of cotton; - Assurance of energy security by diversifying energy sources, interconnecting distribution networks and strengthening IEC actions. - Assurance of rational and concerted management of natural resources; - Design and implementation of layout plans. that take local specificities into account; - Reinforcement of the sensitization and the training of the populations and the various economic actors in the field of the protection of their environment; - Development and dissemination of new technologies adapted to rural areas to lighten domestic and agricultural tasks for women rational and concerted management of natural resources; - Design and implementation of layout plans. that take local specificities into account; - Reinforcement of the sensitization and the training of the populations and the various economic actors in the field of the protection of their environment; - Development and dissemination of new technologies adapted to rural areas to lighten domestic and agricultural tasks for women rational and concerted management of natural resources; - Design and implementation of layout plans. that take local specificities into account; - Reinforcement of the sensitization and the training of the populations and the various economic actors in the field of the protection of their environment; - Development and dissemination of new technologies adapted to rural areas to lighten domestic and agricultural tasks for women

6.1.2 At the institutional level

The structures and institutions involved in the conservation of biological diversity are as numerous as they are varied. We can cite :

The Institutions of the Republic (National Assembly, High Council of Communities, Economic, Social and Cultural Council, Government, Courts and Tribunals);
Technical structures for the planning and execution of management and conservation programs and projects at all levels: national, regional and local;
The structures of the local authorities (region, circle and commune) responsible in the foreground for the conservation of resources at the local level;
NGOs, Civil Society and Private Sector Organizations working in the areas of natural resource management and conservation;
Consultative structures such as Associations of hunters, fishermen, loggers, etc., which participate at the community level in the conservation of resources.

6.1.3 Legislative and regulatory

At the international level, Mali has ratified several conventions relating to the conservation of natural and biological resources (see Table 12-17). These include, among others:

the Convention on Biological Diversity;
the Algiers Convention on the Conservation of Nature and Natural Resources;
the Ramsar Convention on Wetlands of International Importance, especially as Waterfowl Habitat;
the International Convention on Trade in Endangered Species (CITES);
the Convention concerning the protection of the world cultural and national heritage (Paris, 16 November 1992); - the United Nations Framework Convention on Climate Change;
the Convention for the Protection of Migratory Species (Bonn, 23 June 1979);
the United Nations Convention to Combat Desertification, etc.

Table 12: Implementation in Mali of the African Convention on the Conservation of Nature and Natural Resources (Algiers, 1968) OBJECTIVES SOME OBLIGATIONS MEASURES TAKEN OBSERVATIONS Institutional Legal Financial - Take the necessary measures to ensure the conservation, use and the development of soil, water, flora and fauna resources based on scientific principles and taking into account the major interests of the population. - Adopt land use plans based on scientific studies - Introduce farming methods that guarantee long-term land productivity and control erosion - Institute conservation policies, for the use and development of underground and surface waters - Create interstate commissions for waters common to several states - Adopt scientifically established plans for the conservation, use and development of forests and rangelands - Control fires bush destruction, forest exploitation, clearing and overgrazing - Create forest reserves and reforest - Ensure the conservation and rational use of wildlife within the framework of a land use plan and economic development and social. - Ministries in charge of Agriculture, Livestock, Water and Forests, Environment, Scientific Research, Trade and Industries. - National services: DNAER, DNCN, IER, CPS, DNI, DNHE, DNA, Tilemsi Phosphate Project, CILSS, Liptako-Gourma, OMVS, ABN. - Law and Decree ratifying the agreement. - Measures to promote the use of natural phosphates. - Measures integrating components - Defense, Soil Restoration in rural development projects. - Adaptation of land tenure regimes and seriously considered within the framework of decentralization - Cooperation partners - Government of Mali - Intergovernmental organizations of the sub-region involved. OMVS, ABN, Liptako Gourma - Populations - This agreement concerns a very vast field and the full implementation will call on specific strategies for specific fields accompanied by action plans mobilizing the various actors.

Table 13: Implementation in Mali of the Convention on the Protection of Migratory Species (Bonn, 23 June 1979) OBJECTIVES SOME OBLIGATIONS MEASURES TAKEN OBSERVATIONS Institutional Legal Financial - Protect certain migratory species threatened with extinction listed in Appendix I of the agreement. - Strive to conclude agreements for the protection and management of migratory species whose conservation status is unfavorable as well as those whose conservation status would significantly benefit from International Cooperation. - Prohibit any taking of animals belonging to migratory species unless these takings are intended for scientific purposes, meeting the needs of traditional subsistence hunting. - Take other conservation and management measures: periodic review of the conservation status, coordinated conservation and management plan, research on the ecology and population dynamics of these species, restoration of habitats important, the elimination of activities and obstacles hindering or preventing migration. - Ministries in charge of Agriculture, Livestock, Scientific Research, Water and Forests and the Environment. - National services: DNAER, IER, CNRST, DNCN, DGRC - Law and Decree ratifying the agreement. - Texts of the departments and projects involved. - Regional and local measures taken by the authorities. - Cooperation partners - Government of Mali - Populations - Better knowledge of rare, extinct or threatened species. - Reinforced protection of most of these species. - Need for local and regional measures that are more relevant and in harmony with local customs and cultures.

more than 500 species, mostly mammals and birds - Subject to rigorous control the trade in species not yet threatened with extinction but which could become so - Allow certain species for which this does not would be justified only in certain countries. - Ministries in charge of agriculture, livestock, water and forests, scientific research, trade, crafts and the environment. - DNAER, DNCN, National Directorate of Customs, National Directorate of Trade and Competition, IER - -Study carried out in the Delta in 1991 on African monitor lizards and pythons in all of their ecological areas. - Law and Decree ratifying the agreement. - At the level of rural communities, protection provided by habits and customs: taboos, totems for certain animals and sacred groves. - Law 95-03 on the management of wildlife resources (Appendices I and II) - Funding provided by the CITES Convention, by the FAO for the inventory of reptiles of economic interest for an amount of US$130,000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species totems for certain animals and sacred groves. - Law 95-03 on the management of wildlife resources (Appendices I and II) - Funding provided by the CITES Convention, by the FAO for the inventory of reptiles of economic interest for an amount of US$130,000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species totems for certain animals and sacred groves. - Law 95-03 on the management of wildlife resources (Appendices I and II) - Funding provided by the CITES Convention, by the FAO for the inventory of reptiles of economic interest for an amount of US$130,000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species - Law 95-03 on the management of wildlife resources (Appendices I and II) - Funding provided by the CITES Convention, by the FAO for the inventory of reptiles of economic interest for an amount of US$130,000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species - Law 95-03 on the management of wildlife resources (Appendices I and II) - Funding provided by the CITES Convention, by the FAO for the inventory of reptiles of economic interest for an amount of US$130,000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species US$000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species US$000. - Python project financing envisaged for 1999 by cooperation partners. - Better knowledge of endangered and protected rare animal species. - Better knowledge of the various uses of these animal species and endogenous protection systems. - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species - Intensification of sensitization with a view to adopting the necessary texts for more effective protection; - -Insufficient knowledge of endangered species

Table 15: Implementation in Mali of the Convention concerning the protection of the world, cultural and national heritage (Paris, November 16, 1992) OBJECTIVES SOME OBLIGATIONS MEASURES TAKEN OBSERVATIONS Institutional Legal Financial - Protection of certain cultural and natural heritage assets of interest which requires their preservation as part of the world heritage of all mankind: physical and biological formations, geological and physiographic formations, habitats of endangered animal and plant species, natural sites or natural areas of universal value of conservation science or natural beauty. - Ensure the identification, protection, conservation, presentation and transmission to future generations. - Integrate heritage protection into general planning programs - Establish protection services - Develop scientific research - Take the legal, scientific, technical, administrative and financial measures necessary for the fulfillment of obligations - Promote the creation of national centers of research. - Ministries in charge of culture, scientific research, agriculture, animal husbandry, environment - Involvement of competent national services in these areas. - national laws; - Classification of the Parc de la Boucle du Baoulé, Djenné, Timbuktu, etc. - Law and Decree ratifying the agreement. - Regional and local measures taken by the authorities for the inscription of the sites as world heritage and to make them respected by the populations. Information not available There is a need to ensure coordination between the Ministries in charge of Culture, scientific research, agriculture, livestock and the environment; Strengthen research

Table 16: Implementation in Mali of the Convention on Wetlands of International Importance (RAMSAR – 2 February 1971) OBJECTIVES SOME OBLIGATIONS MEASURES TAKEN OBSERVATIONS Institutional Legal Financial - Highlight the multiple functions of wetlands in maintaining balances natural materials, the breakage of which can cause significant damage. - Wetlands = marshes, mangroves, lagoons, all shallow bodies of water, mud, peat bogs. - Halt now and in the future the progressive encroachment on - wetlands and the disappearance of these areas - Encourage as much as possible the rational use of wetlands. - Conserve areas inscribed on a list of wetlands of international importance - Establish nature reserves to protect wetlands, whether or not inscribed on the list - Cooperate with States that share the same wetlands, the same hydrographic basins, the same aquatic animal populations - - Ministries in charge of the implementation by the law and the decree of ratification. - Those responsible for Agriculture, Water and Forests, the Environment and the Interior. - DNAER, DNCN, IER, DNAMR national services - Registration of three sites on the list of wetlands: Walado site, Lake Horo site, Seri plain site. (Animals concerned by these sites: Hippos, Manatees, Birds, Reptiles). These sites cover 52,003 ha. There is no information on the results in relation to the objectives. - Emergency Aid Project for the Safeguarding of RAMSAR Sites - Ecological studies and inventories carried out in 1997 in the Niger Delta - Sensitization and mobilization of populations. - Creation of natural resource management committees at the village level (Bouna, Akkagoum, Dentaka), fight against poaching and the taking of chicks. - Law and Decree ratifying the agreement. - Texts organizing the Emergency Aid project and Village Committees. - Texts from the national services concerned. Sixteen million CFA francs (16,000,000) donated by the Swiss government. Government contribution: Salary of agents. Contribution of the populations: participation in management. Given the size of the Inner Niger Delta, it has not yet been possible to set up the sites as a specific bird reserve. However, provisions are envisaged to better exploit the potential of the diversity of the sites. The absence of information on the results will prevent the extension of the areas and the adaptation of the protection measures to the concerns of the populations.

national plans or programs aimed at ensuring the conservation and sustainable use of Biological Diversity - Integrate, in all possible measures, the conservation and sustainable use of Biological Diversity into sectoral or inter-sectoral plans, programs and policies Relevant - The ratification decree entrusts the Ministries responsible for Agriculture, Livestock, Water and Forests, the Environment and the Interior with the application of the Convention. - National services: DNAER, DNAMR, DNCN, IER, various rural development projects. - Focal point, Application Convention / CDB = URG of IER. - Specific Biological Diversity Projects: Boucle du Baoulé Reserve, Sustainable Biodiversity Management Project in the Malian Gourma and the Burkinabe Sahel, - Project for the Sustainable Management of Biodiversity in the Interior Delta of the Niger River, - Participation of the populations ensured by the existence of committees. - Law and Decree ratifying the agreement. - Text creating National Directorates - Decentralization laws, empowering local authorities. - Operating budget of the national directorates involved - Contribution from development partners - Global Environment Fund requested. The implementation of this agreement benefits from the provisions taken within the general framework of environmental protection. Greater consistency in implementation will be achieved through the development of the Strategy and Action Plan currently underway. Necessary consideration of economic, social,

At the national level, various legislative texts (Appendix 3) and regulations relating to the management of natural resources have been adopted (Law No. 95-04/AN-RM of 18 January 1995 setting the conditions for the exploitation of forest resources, Law No. °95-031/AN-RM of March 30, 1995 setting the conditions for the management of wildlife and its habitat and their implementing texts.

The institution of the environmental impact study procedure in 1999 aims to prevent the degradation of the environment and natural resources and to support project promoters in the restoration of degraded environments through compensatory investments.

In the current conditions of the evolution of agricultural, pastoral and agro-pastoral production systems in Mali, the land issue is one of the most controversial. The current situation is based on a coexistence of positive law and customary law with sometimes contradictory provisions. This situation has undergone a favorable evolution thanks to the recent revision of the State and Land Code.

Access to land and the use of natural resources are both important and complex legal aspects in the implementation of a coherent strategy for the conservation of biological diversity.

The search for a balance between safeguarding the general interest and satisfying the needs of individuals is the challenge posed by any legal structure relating to the management of renewable natural resources and land.

Colonial legislation, and subsequently national legislation, moreover abundant, did not escape this trap of the out-of-phase of modern law in relation to realities and the imbalance of forces between the State on the one hand, private individuals and the communities on the other hand in the management of natural resources.

With a few nuances related to particular ecological and sociological contexts, customary land tenure is based on the principle of collective community ownership. The land belongs to the community which manages it through an authority, the chief of the community who is most often a descendant of the founders of the village. The right of use is guaranteed to all members of the community. Uncultivated land is the common domain for grazing, wood harvesting, harvesting of certain forest products (fruits, mushrooms, honey, gum arabic, etc.).

The land can be transmitted to the descendants of the farmers. It can be leased or be subject to sharecropping in certain cases (this is what is observed in flood recession crops, for example in the valleys of the Niger and Senegal rivers). The land cannot be sold, nor be subject to private individual appropriation.

Positive law on land tenure refers to the land registration laws of the colonial era. These are essentially laws and decrees enacted by the colonial power and which, organizing the land tenure regime in accordance with customary rights, allowed land holders to transform their property tenure by requesting the registration of their land. administratively. Although these texts were essentially taken over by the governments after independence, they were very little applied in land management.

The evolution of land rights and natural resources in our country has gone through three important phases with variations in each of them. Current law still bears the scars of this development.

Malian law relating to the management of natural resources has remained under the influence of colonial law, from which it was inspired. The hesitations noted during the colonial period still remain in national legislation.

From 1960 to the present day, there has been extensive natural resource legislation.

* A few years after the country's accession to independence, the legislator looked into the codification of the management of natural resources.

These include Law No. 68-8/AN-RM of February 17, 1968 on the Forest Code, Ordinance No. 60/CMLN of November 11, 1969 establishing a hunting code. These texts failed to distance themselves sufficiently from the colonial and materialistic vision of the forest and other resources.

Despite the significant advances, these texts which confer pre-eminence on the State and which have remained stuck to previous concepts have not met with success. The failure of the legislation of the 1960s led the legislator to operate a new codification. The perverse effects of the great drought combined with the ineffectiveness of the texts are the basis of a vast codification in 1986. These texts have remained very repressive. Overall, the legislative policy has not been successful in implementing efficient management of natural resources.

* A general overhaul of all the previous legislation took place after the events of March 1991. The texts dating from the 90s introduced some originalities in the spirit, the strategy and in the practice of management and conservation of natural resources. the shortcomings they contain, these texts (laws, application decrees and orders) have emphasized the notions of management, development and participation of the populations.

This legislation on the management of natural resources has given pride of place to decentralization. It established three areas of management:

the domain of the State;
the area of local authorities;
the domain of individuals.

In addition, it brought a certain number of innovative elements:

the State and its technical services are required to take measures to protect the national forest estate
certain operations (excavations, quarrying, opening of a road, etc.) must have been authorized; downgrading is necessarily followed by a compensatory classification;
any alienation of classified forests, protection perimeters, and reforestation perimeters can only be done after declassification;
the implementation of the development plans for the State's classified forests can be carried out by the local populations, the forestry companies, the cooperative organizations within the framework of a contract;
each local authority or individual is required to enact the necessary measures for the protection and appropriate conservation of its resources.

6.2 conservation actions

Wildlife reserves and classified forests are effective means of in situ conservation of biological resources. In Mali, the areas of wildlife reserves and classified forests are estimated respectively at 3,813,000 ha (Environmental Profile of Mali, ADB, 1996) and 1,266,000 ha, i.e. in total slightly more than (4%) of the area of the national territory. This rate is insufficient.

The only Biological Park which consists of a botanical garden and a zoological garden, is installed on a natural site of 30 ha, at the foot of the Hill of Point G in Bamako. This biological park, with a vocation of in situ and ex situ conservation, offers in certain places lodgings and living spaces for animals and currently contains specimens of rare or threatened plant species.

In the field of agrobiodiversity, a project to preserve the N'dama cattle breed was carried out in its cradle. The N'Dama, because of its trypanotolerance and its hardiness, constitutes a genetic resource of prime importance for the breeding of cattle in the sub-humid and humid zones of West Africa.

Since the ratification of the Convention on Biological Diversity by Mali in March 1995, projects specifically oriented towards the conservation of biological diversity have emerged. It's about :

the Sustainable Biodiversity Management Project in Mali's Gourma;
the Sustainable Biodiversity Management Project in the Bafing Fauna Reserve;
the Project for Sustainable Management of Biological Diversity in the Inner Niger Delta;
the Sustainable Forest Management Project in the 3rd region;
Small-Scale Projects funded under the Global Environment Facility/UNDP Small Grants Programme;
the Sustainable Biodiversity Management Project of the Boucle du Baoulé;
the Project for the Development of the National Biodiversity Strategy and its Action Plan; and
of the Project for the Rehabilitation of Native Vegetation in Arid and Semi-Arid Zones of Africa.

Prior to this ratification, many commitments to the conservation of natural resources were reflected through various projects and programs. In general, these projects and programs aimed at the conservation of forest resources, the management of natural resources, the promotion of animal and plant production since the onset of droughts and famines during the 1970s. A thematic classification of these projects new and old is given in the nine categories below.

Projects oriented towards the rational organization of the exploitation of forest resources by the populations bordering the classified forests to provide them with income, to resolve the conflict between populations and protected areas and better guarantee their maintenance as a domain of biological diversity, of what will remain classified forest. This is the case of the forest co-management project of Monts Mandingues, La Faya, Sounsan, the Project for the Development of Forest Resources in the Circle of Kita, the Forest Management Project in the 3rd Region and many projects of populations and NGOs ( Care, NEF, AFVP, USC-Canada, SOS-UK, etc.).

b- Projects oriented towards the regeneration of degraded environments with the participation of local populations have carried out additional incentive actions intended to improve the living conditions of these populations. The IUCN Youvarou project is an example of this, as is the Development Project Forest Resources in the Circle of Kita, the UNSO/Tonka Project, the Program to Fight Siltation and the Development of Forest Resources in Northern Mali, PRODESO, the Mali North-East Livestock Project and many projects carried out by NGOs

c - Projects aimed at empowering populations in the management of their land through field plantations, forest plantations, DRS (soil defense and restoration) /CES (water and soil conservation) activities, etc. The Konou project (Dioro), the PGRN/CMDT project, the PGTV/Bankass, the CARE/Koro project, GDRN-Sikasso and the projects of other NGOs illustrate this form of intervention.

d- Projects oriented specifically towards the management of wildlife and its habitat. This is the case of the participatory management project for the Bafing wildlife reserve, the improved management of biodiversity resources project for the Boucle du Baoulé, the Gourma Biodiversity Project, the IUCN Delta Project, etc. The natural resource management projects (PGRN/World Bank; PGRN/CMDT; PGRN/NGOs) are obviously exceptional cases whose objective is the overall socio-economic development of the areas framed with components: forest, wildlife, control erosion control, increased agricultural production, health, education, environmental monitoring, etc.

f- Projects oriented towards the in situ conservation of plant species: the IUCN Project for Acacia kirkii in the Delta, the Promogom Project for Acacia senegal in Kayes, Bourgou regeneration actions in Mopti, Timbuktu and Gao , the rônier regeneration projects in Mopti and Ségou and the doum in Niafunké and Gao.

Projects geared towards the conservation of animal species: Operation N'Dama in Yanfolila, the Toronké cattle and sheep breeds project in the Kayes region, the Azaouak/ACORD zebu project in Ménaka, the poultry farming in Mali, the program for the inventory and characterization of animal breeds in West Africa, the project to introduce the Guéra goat in the Kayes region.

Projects oriented towards the conservation of plant seeds: the Support project for the National Seed Service, cowpea, cotton, cereal and market gardening seed projects. Biotechnology-oriented projects: the project to create a National Center for Artificial Insemination, the project to support the Biotechnology Laboratory of IPR/IFRA in Katibougou.

Projects oriented towards information, education, training: the PFIE, the PGRN environmental monitoring component, the IUCN Walia Project, the UNDP/UNSO SIE, the DNH SIGMA Project, the ROSELT, the IER/IERD program for Delta monitoring, PIRT, PIRL.

6.3 human capacity building

Human capacity building activities for the conservation of biological diversity by the Government (Ministry in charge of the Environment, Ministry of Rural Development, Ministry of Communication, Ministry of National Education), development partners (WB, CILSS, France, Netherlands, UNDP, UNEP, Switzerland, European Union, USAID), NGOs (Groupe Pivot-GRN/CCA-ONG, IUCN, SECO-ONG) and the media (local radio stations, ORTM) are still shy. They focused on understanding the issue and the stakes of biodiversity at the national and local levels; on conservation solutions; and on the development of planning and management tools

At the population level, they were carried out through sensitization, post-literacy, exchange visits, adoption of new management functions and involvement in management bodies such as village resource management committees. resources (CVGRN), management committee for rural wood markets, technical training and the development of new economic opportunities linked to biodiversity;

At the executive level, they were carried out through thematic training workshops on biological diversity, participation in international conferences, Internet connection to various sites on biodiversity, the planning and programming process of the SNPA-DB, involvement in the development of new generation projects and programs, specifically targeting biodiversity, training courses and exchange visits, the creation of exchange networks;

At school and university level, they concerned respectively the training provided to students in the basic cycle of national education by the PFIE program (CILSS Environmental Information Training Program) and the restructuring of training modules at the level of the IPR/ IFRA.

6.4 enhancement of traditional knowledge and practices

Various traditional knowledge and practices are used by men and women in Mali to sustainably manage natural resources. Many practices have survived the vicissitudes of time because they are deeply rooted in the behavior of individuals. Some of these practices and knowledge have scientific foundations which make them perfectible thanks to technical and technological progress.

Efforts to promote knowledge and traditional practices have been taken into account in the drafting of legislation on natural resources and in the implementation of actions by the technical structures of the State and NGOs.

Among the Bozos and the Somonos, fishing rituals are directed by masters of the waters (djitigui) whose role is to organize collective fishing, arbitrate rights of use between families, regulate the installation of fishing dams and the use of fishing instruments, depending on the seasons and the fishing grounds. For example, these practices have been respected by the Mopti Fishing Operation through the empowerment of water masters in the organization of collective fishing, the setting aside of fisheries and breeding areas.

The ODEM (Operation for the Development of Livestock Mopti) was inspired by the institutions and practices which, since the 14th century, have distributed the main natural resources in the Delta between farmers (high plains and edges of flood zones), fishermen (river, river arm, lakes and ponds) and pastoralists (recession grasses from deep basins). This distribution of resources is done according to itineraries, schedules and specific operating contracts. The Dina system, which still marks the Central Delta of Niger, has therefore allowed a categorization as well as a codification of the rules of access to resources, residence and movement of users. It served as the basis for the political and economic management of the Delta by the Dioro, notably through the collection of royalties on the bourgou.

In the Haïré and the Seno, in the exposed zone, there are traditional institutions responsible for protecting the renewable natural resources of the Dogon and Dafing villages in the Mopti region. They are: Ogokana in the Circle of Koro; Alamodiou, Bara Hogon and Bodjinaton in the Circle of Bankass. These institutions are responsible for managing the bush by protecting trees of economic, ecological or cultural interest and by carrying out works of common interest. These practices have been rehabilitated and used in various natural resource management actions by the NGOs CARE-Mali and SOS Sahel-UK as well as the PGTV/SB Program of UNCDF/UNDP.

Other NGOs, Projects and Programs have made extensive use of these practices and knowledge (Box 6). These include water and soil conservation techniques (dikes and dykes in beaten earth, fascines, zai, partitioned ridges, crop rotation), the conservation of useful species in the fields, sacred woods, the selective use of plant strata, the practice of salt cures, the use in space and time of pastures around water points, techniques for the selection and conservation of animal and plant seeds and the use earthen hearths and ovens.

Box 6: TRADITIONAL PRACTICES TO BE VALUED IN CONSERVING BIOLOGICAL DIVERSITY

The conservation of useful species in the fields : This technique practiced in the Sahel consists of associating crops and trees in the fields, with the exception of rice fields. It is not uncommon to see crops associated with shea in the Sudanian zone, tamarind in the Sahelian zone, balanzan and rônier in the Delta and northern Sahel zones, wild date palm in the Sahel, wild grapes on the trays. This tradition of protecting biological resources is known as agroforestry;

Agriculture, Livestock and Forestry Associations . The traditional agricultural exploitation is a vertical and horizontal association of agricultural, forestry and pastoral speculations (multiple-purpose exploitation combining cereal crops, market gardening, arboriculture with the breeding of cattle, small ruminants or poultry.).

Conservation through socio-religious practices (sacred woods, sacred ponds, sacred hills or plains, etc.) . These are generally places of worship or inhabited by “spirits”. They are generally not subject to any form of exploitation either of the soil or of the biotic resources. The animal and/or plant species present in these sacred places are fully protected by the whole society. There are many races and varieties that are otherwise rare, even extinct, water sources, etc.;

Protection of gathered products : Among certain ethnic groups, such as the Minyanka and Sénoufo, the gathering of shea and néré fruits is regulated by custom. Thus the opening of the picking period for these products is ensured by the traditional chief of the village. This is generally fixed on a date when the majority of the products are ripe. But before the official opening, no woman (under penalty of severe sanction) can take the said fruits.

Selective use of the plant layer: Vegetation cover is almost everywhere subject to selective use which derives its source from the nature of the needs to be satisfied. This is how the various plant strata and their different components are exploited on the basis of a quantitative and qualitative selection. This traditional technique ensures the judicious exploitation of biological resources by respecting the threshold beyond which the stratum deteriorates. In areas where we wanted to regenerate woody species, grazing of grazers (camels and goats) whose diet consists largely (80%) of woody species was prohibited. If, on the contrary, we wanted to regenerate the grass pastures, it is the grazing of cattle and sheep, which was prohibited because their diet is based on grasses (80%);

Conservation through the economy of woodfuels . This is the popularization of terracotta or metal hearths: Craftsmen have developed techniques for manufacturing terracotta or metal hearths in order to reduce the consumption of firewood or to make the use of less burdensome by housewives. Today, several promoters have drawn inspiration from these prototypes to make more efficient improved stoves. A strategy has been developed (SED) with a view to minimizing the consumption of wood as an energy source;

La conservation de la diversité biologique par l'implication des femmes . Les femmes jouent un rôle prépondérant dans la conservation des plantes à parfum et de plusieurs espèces végétales fournissant les produits récoltés comme le karité, le néré, le tamarin et d'autres plantes comestibles comme le sésame, le fonio, le pois de senteur, le voandzou. Le calebasse doit son entretien et son développement aux multiples usages qui en sont faits par les femmes. Le développement de certaines espèces végétales utilisées en vannerie, tissage, poterie, etc. dépend de l'ingéniosité et de la ténacité des femmes. Enfin, la diminution de la consommation de bois de chauffe au Sahel est due à l'adoption par les femmes de foyers améliorés (terre cuite ou métal).