to remain on the land, but perhaps divide the new plantation or split the profits with the
real landowner. While perhaps a reasonable solution when the buyer purchased in good
faith, local authorities should, at a minimum, ensure that the potentially illegal occupant
ceases cutting down forests or planting new cash crops while the case is being decided.
Authorities should be ready to implicate the gendarmerie when a party ignores such a
ruling. Otherwise, it creates a perverse incentive for those involved in land disputes to
clear and plant as much as possible while the case is before the sub-prefectural land
committee in order to increase what they will potentially receive at the decision.
Pressure to Accept Potentially Unsustainable Decisions
Human Rights Watch’s research raises concerns that some of the sub-prefectural land
committees pressure people to accept decisions—generally the division of land between
the rightful owner and a buyer who purchased from a fraudulent seller—that may not be
sustainable. Both parties generally sign an official statement (procès-verbal) accepting the
committee’s decision, but, despite not being a judicial body, these decisions at times
appear compelled, rather than consensual, threatening future conflict.
An activist who has followed some cases before the Guiglo sub-prefecture’s land
committee described:
Often they take a decision, and it isn’t satisfactory to anyone. They
conclude that the rightful owner should accept the illegal buyer, who may
have planted already, and enter into an agreement where they split the
harvest [known as travail-partagé]. But the Guéré often doesn’t want the
Burkinabé to stay on his land, as he didn’t sell it to him. And the Burkinabé
doesn’t want to split the harvest when he paid full price to the [illegal]
seller. They’re both angry [with the decision]. There’s no appeal within the
land committee….You could perhaps take your case to the justice system,
but they put lots of pressure on you not to, telling you that you need to
accept their decision for social cohesion.242
242 Human Rights Watch interview with activist, Guiglo, February 7, 2013.
“THAT LAND IS MY FAMILY’S WEALTH”
80
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents