rights; however, state parties have a minimum obligation to not negatively impact people’s
access to food and a livelihood.290 While land conflicts in western Côte d’Ivoire
overwhelmingly involve only non-state actors, the Ivorian government’s failure to take
adequate measures to control land sales, demarcate village boundaries, hold illegal
sellers accountable, and support state institutions involved in resolving disputes has
fueled land dispossession. Therefore, in cases where people face food shortages or
serious economic consequences as a result of their inability to access land that they
rightfully own, the Ivorian government may be in breach of its obligations under the ICESCR.
Communal and Religious Rights
The destruction of and eviction from land that Guéré communities consider sacred
implicates communal and religious rights. Article 18 of the International Covenant on Civil
and Political Rights (ICCPR) states that “[e]veryone shall have the right to freedom of …
religion.”291 The Human Rights Committee, which oversees compliance with the ICCPR, has
said that this right “protects theistic, non-theistic and atheistic beliefs…. The terms ‘belief’
and ‘religion’ are to be broadly construed.”292
Article 8 of the African Charter on Human and People’s Rights (ACHPR) likewise guarantees
the “free practice of religion.”293 In Centre for Minority Rights Development (Kenya) and
Minority Rights Group International on behalf of Endorois Welfare Council v Kenya, the
African Commission examined the meaning of article 8 in a case involving a group of
people, the Endorois, who the Kenyan government had evicted from their traditional land
to create several game reserves.294 As part of their complaint, the Endorois alleged that
their right to religious practice had been infringed because the land from which they had
been evicted included a sacred lake and other spiritual sites.295
290 See UN Committee on Economic, Social and Cultural Rights, General Comment 3, The nature of States parties’ obligations
(Fifth session, 1990); UN Committee on Economic, Social and Cultural Rights, General Comment 7, Forced evictions, and the
right to adequate housing (Sixteenth session, 1997), Compilation of General Comments and General Recommendations
Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6, p. 45 (2003); UN Committee on Economic, Social and
Cultural Rights, General Comment 12, Right to adequate food (Twentieth session, 1999), Compilation of General Comments
and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6, p. 62 (2003).
291 ICCPR, art. 18.
292 UN Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993), Compilation of General Comments
and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 (1994), p. 35, para. 2.
293 ACHPR, art. 8.
294 African Commission on Human and People’s Rights, Endorois Welfare Council vs. Kenya.
295 Ibid., paras. 163-164.
“THAT LAND IS MY FAMILY’S WEALTH”
94
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