On 1 August 2018, the government of the Republic of Côte d’Ivoire, through an order, set a scale on compensation for the destruction or planned destruction of private property such as crops and other investments in rural areas and slaughter of livestock. Read more about this text.
With this decree, the Ivorian authorities intend to settle the prejudices that will be suffered by owners of crops, investments or animals in rural areas.
According to the decree, compensation covers the destruction of crops, the slaughter of animals, the destruction of fishing gear and aquaculture structures. It also covers the destruction of electrical installations, buildings or other civil engineering, mining or rural engineering facilities, such as dams, dykes, tracks, rice-growing shallows, fishponds, fences, de-sludging baths, livestock pens, pastures, livestock housing, electrical power transmission and distribution facilities, drinking water supply facilities and hydrological equipment. It specifies that the valuation of these assets is established by the relevant technical ministries.
Property valuations are carried out by the relevant technical ministries in the presence of the victims
Article 7 states that in the event of damage caused intentionally or unintentionally to farm animals, their owners may claim compensation. However, it should be noted that this decree does not apply to damage suffered by animals as a result of traffic accidents.
“Statements of facts or inventories of crops or other rural investments destroyed or to be destroyed are drawn up by sworn officials of the ministries concerned, in the presence of the victims or their beneficiaries or representatives and the person civilly liable for the destruction or their representative. The person affected and the person civilly liable for the destruction may be assisted”, states article 3.
In addition, the text adds that any damage caused to farm animals must be recorded by sworn officers from the relevant departments of the ministry responsible for animal resources, and must specify the number, type of animal, nature and value of the damage suffered.
Article 4 states: “Compensation is calculated by the relevant departments of the ministries concerned on the basis of this order and after they have carried out their own inspections”.
Compensation is payable by the person responsible for the destruction
Article 12 explains that the payment of compensation is the responsibility of the natural or legal person civilly liable for the actual or future destruction. In the event that the destruction results from the execution of a public work, payment of the compensation is the responsibility of the project owner.
The compensation is paid in cash, i.e. by cheque or bank transfer. Where both parties agree, payment may be made in kind.
In addition to the Ministry of Mines and Geology and the Ministry of Petroleum, Energy and Renewable Energies, this interministerial order concerns the Ministry of Agriculture and Rural Development, the Ministry of the Interior and Security, the Ministry of Animal and Fisheries Resources, the Ministry of the Economy and Finance, the Ministry of Construction, Housing and Urban Planning, the Ministry of Equipment and Road Maintenance, and the Secretariat of State to the Prime Minister, responsible for the budget and the State portfolio.
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