Many Guérés are adamant that non-natives must leave all land not acquired from the
rightful landowner. Non-natives, for their part, often purchased hectares for several
hundred dollars each and have made significant investments when planting cash crops;
they will not easily abandon such investment. When both parties are intractable, it may not
be realistic to place the burden on customary authorities who have no enforcement power
and are guided by consensus. These cases likely require deeper examination, including
into whether sellers and buyers acted in good or bad faith.
These problems do not affect customary authorities alone; local government officials also
have serious problems in finding sustainable solutions and enforcing decisions related to
land dispossession linked to the crisis (see below). However, they appear particularly
acute—and, in many ways, unresolvable—at the customary level, as those authorities have
no enforcement power beyond consensus. Customary authorities may want to consider
relinquishing a case when one or both parties refuse to engage sincerely in the resolution
process, otherwise they risk depriving the complainant of effective restitution—as the cutting
of forests and planting of crops generally continues. There is an urgency to resolve these
claims, as occupants are permanently changing the land in the meantime. The Pinheiro
Principles are clear: the illegal deprivation of property during displacement demands
restitution, ideally in the ability to return to the land itself.205
Politics, Corruption, and Competing Claims to Authority
Some customary leaders’ authority and impartiality is widely respected among both native
and non-native populations, facilitating their ability to resolve land disputes. In other
villages, however, politics, corruption, and competing claims to authority undermine
people’s trust in customary leaders.
Several Guéré village chiefs were killed during the conflict; others, often fearing reprisals,
remained displaced for extended periods. In several villages, this helped lead to a contest
over authority that still existed during the research for this report. Human Rights Watch
visited two villages where residents indicated that there were two Guérés claiming to be
the village chief, each supported by a faction. A local human rights activist cited at least
three different villages in western Côte d’Ivoire, including one of the two identified by
205 Pinheiro Principles, principle 2.
“THAT LAND IS MY FAMILY’S WEALTH”
70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents