establish “continuous and peaceful existence of customary rights” to their land, as
required by the 1998 law on rural land tenure.
•
Clarify by decree or law whether and how informal papers (petits papiers, in French)
related to land transactions will be used to determine land ownership or rental
agreements.
•
Ensure, in accordance with the Ivorian constitution and international human rights
law, that women and men have equal rights in terms of access to land and that
there is no discrimination against women, in law or in practice, in regards to the
ability to formalize land ownership rights under the 1998 rural land law.
To the Ministers of Interior, Justice, and Agriculture
•
Instruct the sub-prefects, police, judicial police, and prosecutors to work together
to undertake investigations and prosecutions when land sales appear to have been
fraudulent, namely when people sell land to which they have no reasonable claim
to ownership. Penalties should ensure, at a minimum, that the bad-faith seller
does not retain a profit from his fraud.
•
Ensure that customary and administrative mechanisms involved in resolving land
disputes in western Côte d’Ivoire act in accordance with international human rights
and humanitarian law and standards.
•
Support financially and through adequate staffing the village and sub-prefectural
committees involved in resolving land conflicts related to displacement, with a
view to eliminate or at least greatly reduce the fees some customary and
administrative authorities now charge people to file land complaints, call
witnesses, and perform field investigations.
Ensure, at a minimum, that the sub-prefectural committees waive fees in cases
where a party can demonstrate financial hardship.
•
Investigate claims related to the destruction or occupation of sacred areas and
remove people illegally occupying sacred land. Ensure that Ivorian law grants full
protection to such land.
•
Create a mechanism to allow people displaced within Côte d’Ivoire to travel to their
home village to see if their land is occupied illegally and to bring a complaint if
necessary.
“THAT LAND IS MY FAMILY’S WEALTH”
8