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Conflict refugees and IDPs

Whose land is this: land disputes and forced displacement in the western forest area of Côte d’Ivoire

The contradictions between judicial and customary systems and their impact on restitution in Côte d’Ivoire

Authors: ; Norwegian Refugee Council
Publisher: Internal Displacement Monitoring Centre , 2009

Full text of document

Armed conflict broke out in Côte d’Ivoire in 2002, which caused the country to be divided in two: the north under the control of the Forces Nouvelles rebels and the south in the hands of the government. It also caused the mass displacement of hundreds of thousands of people.  Land issues constitute an important factor in the process of research for durable solutions for internally displaced people in Côte d’Ivoire. The paper states that different customary, judicial or administrative mechanisms have a role in the resolution of land conflicts. However, such mechanisms often prove inadequate for this task, in light of the consequences of land disputes and forced displacement, and the scale of population displacement.

The paper believes that the aim should be to encourage the return, the local integration or the resettlement of displaced people while providing them with a process of restitution and/or of compensation of their estate.

The paper concludes that:

  • in most cases, rural land disputes are governed by customary authorities, which have the advantage of proximity and effectiveness
  • the conflict has impaired the traditional operation of customary authorities
  • furthermore, interactions and contradictions exist between the two systems (judicial and customary) which are likely to have an impact on the effectiveness of the restitution process
  • the current law needs clarification on several points which give rise to differing interpretations and may undermine the rights of internally displaced people
  • the justicial system should turn to the customary authorities for further information on the nature of the alleged rights
  • people should be informed about the terms and conditions of the law
  • the government should establish affordable long-term leases for farmers who cannot become landowners to limit the abuses of the system
  • it should also ensure the representation of all the displaced people within the “Village Land Committees”
  • the judicial authority should create land and property chambers within the courts
  • civil society should monitor problems, abuses and good practices of implementation of the law, and bring these to the government’s attention.