apply the law in making a decision when almost everything up to that point—the failure to
register the land, a clandestine sale—has happened outside of the law. He said: “Really,
the best we can do is just try to find a satisfactory solution.”249
Particularly when dealing with claims of illegal occupation related to the crisis, pressuring
people to “accept” a decision they consider unfair is unlikely to resolve disputes in a
sustainable manner. The committees are administrative bodies based on consensus, not
force. If they cannot obtain clear consensus, they should encourage the parties to go to the
court system, rather than apply undue pressure on one or both parties to agree to the
committee’s ruling. With the opening of the Guiglo tribunal in June 2013, the justice system
is more geographically accessible than ever to residents of western Côte d’Ivoire,250 though
the government will need to ensure that judicial authorities are trained to deal with the
complexities of land disputes, have the resources to perform field investigations, and do
not undermine the fairness of proceedings through corrupt practices.
Moreover, the sub-prefectural land committees should consider distinguishing between
good-faith and bad-faith land transactions. The victims of the latter—which amount to
crimes, including fraud—should likely be referred to the gendarmerie, in order to seek legal
redress. A bad-faith buyer should likely have his purchase nullified. When sub-prefectural
committees force divisions even when sales and purchases occurred in bad faith, they
incentivize the continuation of these destructive practices.
Members of some committees recognize that their decisions are not always fair or just to
the individual parties. A community leader on one land committee told Human Rights
Watch: “We’re just looking for social cohesion. Sometimes we make false judgments that
keep me awake at night. The Guéré representative will put pressure on the Guéré party or
the Burkinabé representative will put pressure on the Burkinabé party to accept the
decision, even if it’s a bad deal for them. But the decision looks to [broader] social
cohesion, and the person [is pressured] to accept it.”251 Another community leader on the
Duékoué land committee likewise believed the occasional “bad decision” was still the
best option available: “Even a bad decision by the committee or a [traditional chief] is
249 Human Rights Watch interview with sub-prefect, western Côte d’Ivoire, February 2013.
250 “Le tribunal de première instance de Guiglo ouvre ses portes,” Agence Ivoirienne de Presse, June 22, 2013,
http://news.abidjan.net/h/463789.html (accessed August 28, 2013).
251 Human Rights Watch interview with community leader on the Duékoué land committee, Duékoué, February 5, 2013.
“THAT LAND IS MY FAMILY’S WEALTH”
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