12.4 States should establish guidelines that ensure the effectiveness of all
relevant housing, land and property restitution procedures, institutions and
mechanisms, including guidelines pertaining to institutional organization,
staff training and caseloads, investigation and complaints procedures,
verification of property ownership or other rights of possession, as well as
decision-making, enforcement and appeals mechanisms. States may
integrate alternative or informal dispute resolution mechanisms into these
processes, insofar as all such mechanisms act in accordance with
international human rights, refugee and humanitarian law and related
standards, including the right to be protected from discrimination.287
As discussed in Section III, while some local mechanisms are working to resolve land
conflicts in western Côte d’Ivoire, the Ivorian government has inadequately supported
them, leading to uneven results. Moreover, the Ivorian government’s failure to demarcate
village boundaries has facilitated much of the chaos around land sales in western Côte
d’Ivoire. While this failure long predates the Ouattara government, current Ivorian
authorities need to quickly make a priority of demarcating village boundaries.
Civil and Economic Rights Related to Property
In addition to rights of returning refugees and displaced persons, civil and economic rights
guaranteed under both regional and international treaties place an obligation on the
Ivorian government to guarantee the protection of property rights, including by ensuring
the swift restitution of land and other property seized illegally.
Article 14 of the African Charter on Human and People’s Rights, to which Côte d’Ivoire is a
state party, guarantees both the individual and collective right to property.288 In all cases
of illegal occupation of land in western Côte d’Ivoire—whether the buyer obtained the land
through an illegal sale or through force—the rightful owner has been denied this right.
Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR),
to which Côte d’Ivoire is a state party, provides for the rights to food and an adequate
standard of living.289 In general, states must progressively realize the fulfillment of these
287 Ibid., Principle 12.
288 ACHPR, art. 14.
289 ICESCR, art. 11.
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HUMAN RIGHTS WATCH | OCTOBER 2013
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