In a village between Tinhou and Péhé, a 25-year-old sold more than 20 hectares of his
grandfather’s land. The village chief signed the land contract, validating a sale for more
than 2 million CFA (US$4,000). Human Rights Watch interviewed separately a village
elder involved in resolving the dispute and one of the grandfather’s sons, who found
Burkinabés cutting down trees on the land and discovered who sold the land. Both said
that the village chief merely asked the youth if the family knew and agreed with the sale;
the youth apparently said yes. The grandfather, who is the family head, lives in the
village, meaning a quick visit or call could have established whether he had indeed
approved the sale. The village chief chose not to do so, leading to a bitter conflict within
the family and against the Burkinabés who bought the land. One person involved in the
case suggested that the village chief likely received a kickback for approving the sale.
The youth that illegally sold the land quickly skipped town, and the family has been
unable to reach him.212
Customary authorities are only held to account for corruption in the rarest of
circumstances. The sub-prefect in Bloléquin did suspend the former Diboké village chief
in early 2012 after it became clear that he was implicated in illegally selling both land
owned by other individuals and part of the Goin-Débé protected forest, owned by the
government.213 However, no criminal sanctions appear to have been brought, and the
current village elders in Diboké told Human Rights Watch that they had asked the former
village chief if he would remain involved in the village leadership.214 He declined.
Under international law, including as explained in the Pinheiro Principles, mechanisms
dealing with land restitution claims are to be “equitable … independent, transparent and
non-discriminatory.”215 Many customary leaders work admirably and impartially to
resolve land disputes. But in situations in which the village chief’s impartiality appears
compromised—whether against a “native” or “non-native” party—complainants should
be able to bypass the village authorities and go directly to the sub-prefect.
212 Human Rights Watch interviews with family member who found the buyers on the land, western Côte d’Ivoire, June 8, 2013; and
with a village elder involved in resolution of the dispute, western Côte d’Ivoire, June 8, 2013.
213 Human Rights Watch interviews with residents of Diboké, June 6 and 8, 2013; with a community leader, Diboké, June 8,
2013; and with a representative from a humanitarian organization, Abidjan, June 2013.
214 Human Rights Watch interviews with residents of Diboké, June 6 and 8, 2013; and with a community leader, Diboké, June 8, 2013.
215 Pinheiro Principles, principle 12.
“THAT LAND IS MY FAMILY’S WEALTH”
72
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents