overwhelmingly come from an ethnic group that widely supported Gbagbo. By ensuring the
swift and fair resolution of their claims for land restitution, the Ivorian government could
demonstrate that it represents and protects the rights of all residents in Côte d’Ivoire.
Land Transactions in Western Côte d’Ivoire
Almost every land transaction in rural Côte d’Ivoire occurs outside of the system
established by Ivorian law. As discussed in the Background, after a transition period that
allows people to formalize their customary rights, the 1998 rural land law will only
recognize land sales that occur through the transfer of a land title registered in the state
cadastre. Rural land transactions with non-Ivorians, including long-term leases or rental
agreements, should also occur through formal written documents registered with the
cadastre. Yet these procedures are almost never followed, and in practice, custom remains
the basis for land transactions. Indeed, almost no one in western Côte d’Ivoire has started,
much less finalized, the process to register their land ownership.85 People reported several
barriers to formalizing land rights, including expenses associated with the process of
obtaining a land certificate; the poor promulgation of the 1998 law; and the fact that
private, individual land ownership runs counter to centuries of customary practice.86
In western Côte d’Ivoire, many land transactions occur orally. Other transactions are written
down and signed on petits papiers (literally, “small papers”), essentially anything that is
available, from notebooks to rice sacks. Customary authorities—including the village and
land chief—often act as witnesses to oral and informal written agreements. Ivorian law gives
petits papiers no legal authority,87 though in resolving disputes they could provide crucial
evidence in terms of the area and nature of the transaction, for example a sale versus a
rental agreement. Due to the widespread destruction and burning of houses in western Côte
d’Ivoire during the conflicts, many petits papiers from previous transactions no longer exist.
In such cases, people adjudicating disputes rely on, for example, the testimony of witnesses
to the original agreement; a determination of how the land has been used since the
agreement; and the knowledge of village experts, including the land chief.
85 Human Rights Watch encountered only one rural landowner who had a land certificate, which she obtained following the crisis,
and customary and administrative officials said that less than 1 percent of the people in their areas have registered their property
with the land registry. Human Rights Watch interviews, February and June 2013.
86 Human Rights Watch interviews, February and June 2013.
87 IDMC and NRC, “Whose land is this?” October 2009, p. 22 & fn 19.
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HUMAN RIGHTS WATCH | OCTOBER 2013