26/52 Report of the Independent Expert on the situation of human rights in Côte d’Ivoire, Doudou Diène

GE.14-02949 (E) 051214 151214



Human Rights Council Twenty-sixth session

Agenda item 10

Technical assistance and capacity-building

Report of the Independent Expert on the situation of human rights in Côte d’Ivoire, Doudou Diène*

Summary

In this document the Independent Expert reports on his sixth visit to Côte d’Ivoire,

from 11 to 24 February 2014. He presents an assessment of changes in the human rights

situation in the country since his previous report, which followed his fifth visit to the

country from 14 to 23 October 2013 (A/HRC/25/73). The bulk of the report concerns a

proposed programme of action for addressing the needs of the victims of the Ivorian crisis,

which is the outcome of the international conference on the situation of victims of the

Ivorian crisis, organized in Abidjan from 12 to 14 February 2014 on the initiative of the

Independent Expert.

The Independent Expert draws attention to the fact that the situation in Côte d’Ivoire

is at a crossroads and is becoming ever more complex with the approach of the 2015

presidential elections. This complexity is compounded by a regional context that is still

fragile on account of the emerging conflicts.

In the report, the Independent Expert re-examines a number of constant concerns

connected, inter alia, with the increase in sexual violence, the persistence of the abuses

committed by the Forces républicaines de Côte d’Ivoire (FRCI) and the dozos, the

population’s socioeconomic circumstances and with concerns about freedom of expression

and association. The Independent Expert at one and the same time confirms the progress

made by Côte d’Ivoire towards consolidating the rule of law, while underscoring the major

challenges that still remain.

* Late submission.

United Nations A/HRC/26/52

General Assembly Distr.: General 15 May 2014

English

Original: French

2 GE.14-02949

This report by the Independent Expert is a plea for the situation of the victims to be

taken up as a national cause. The Independent Expert also recalls that the schedule of cases

before the courts is weighed down by the number and sensitive nature of the cases

outstanding. The looming 2015 presidential elections also require that human and material

resources be made available to the judicial system and that its work be speeded up.

This report will be updated when it is presented orally by the Independent Expert to

the twenty-sixth session of the Human Rights Council.

GE.14-02949 3

Contents

Paragraphs Page

I. Introduction ............................................................................................................. 1–9 4

II. Recent developments............................................................................................... 10–43 5

A. Elections ......................................................................................................... 10 5

B. Security ........................................................................................................... 11–13 5

C. National reconciliation .................................................................................... 14–15 5

D. Institutional trends .......................................................................................... 16–19 6

E. Persistent human rights violations .................................................................. 20–39 6

F. Cooperation with the international community .............................................. 40–43 9

III. Proposed programme of action for assistance to victims of the Ivorian crisis ........ 44–94 10

A. Background ..................................................................................................... 44–47 10

B. Ethical and legal basis for providing victims with reparation ......................... 48–50 10

C. Situation of the victims of the crisis ............................................................... 51–56 11

D. Actions on behalf of victims ........................................................................... 57–65 12

E. Barriers to reparation for victims .................................................................... 66–72 14

F. Guiding principles of an effective reparation policy....................................... 73–85 16

G. Recommendations for a comprehensive approach

to assistance for victims .................................................................................. 86–91 17

H. Conclusion ...................................................................................................... 92–94 20

IV. General recommendations ....................................................................................... 95–97 20

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I. Introduction

1. This report is submitted in accordance with resolution 23/22 of the Human Rights

Council, in which the Council renewed the mandate of the Independent Expert for one year

and requested him to submit a report at is twenty-fifth session and recommendations at its

twenty-sixth session.

2. This report covers the period between December 2013 and April 2014. It is based on

information gathered from government authorities, specialized United Nations agencies,

national and international non-governmental organizations (NGOs), political actors and

detainees. The Independent Expert wishes once again to express his gratitude to the

Government of Côte d’Ivoire for facilitating his stay in the country and his meetings with

the national and local authorities. He met with the Prime Minister, the Minister of the

Economy and Finance, the Minister of Justice, Human Rights and Civil Liberties, the

Secretary of State and the Minister of the Interior and Security, the Minister of Higher

Education, the Minister for Solidarity, the Family, Women and Children, the Deputy

Minister of Defence and the Minister of Tourism.

3. The Independent Expert held meetings with the Army Chief of Staff, the chairperson

of the Dialogue, Truth and Reconciliation Commission, the attorney-general of the Abidjan

Court of Appeal, the district attorney of the Abidjan court of first instance, the Government

commissioner at the military court, the head of the Disarmament, Demobilization and

Reintegration Authority, the chairperson of the National Press Council and members of the

National Human Rights Commission.

4. He also met with the Special Representative of the United Nations Secretary-

General for Côte d’Ivoire and her deputies and members of the various components of the

United Nations Operation in Côte d’Ivoire (UNOCI).

5. He also held meetings with the country’s partners, including the United Nations

system and a number of diplomatic missions, such as those of Canada, the European Union,

France, the United Kingdom of Great Britain and Northern Ireland and the United States of

America.

6. The Independent Expert wishes once again to express his gratitude to the chief of the

Human Rights Division of UNOCI and his team, whose support was instrumental in the

success of his mission and the preparation of this report.

7. The Independent Expert visited Simone Gbagbo in Odienné and Michel Gbagbo in

Abidjan. He travelled to the short-stay prison and correctional facility in Abidjan and the

National Surveillance Directorate.

8. He met with the leaders of political parties, including the Front Populaire Ivoirien

(FPI) (Ivorian Popular Front), the Rassemblement des Républicains de Côte d’Ivoire

(Republican Rally of Côte d’Ivoire), the Parti Démocratique de Côte d’Ivoire (Democratic

Party of Côte d’Ivoire) and the party Liberté et Démocratie pour la République (LIDER)

(Freedom and Democracy for the Republic).

9. He held meetings with a number of civil society organizations, including

organizations for the defence of women’s and victims’ rights. In order to hear their views

and advice, he also met with civil society leaders, including Mr. Amara Essy, former

President of the General Assembly of the United Nations, and Mr. Bernard Dadié, a

distinguished Ivorian writer.

GE.14-02949 5

II. Recent developments

A. Elections

10. The Independent Expert welcomed the adoption, on 9 April 2014, of a bill amending

Act No. 2001-634 of 9 October 2011 on the membership, organization, mandate and

operations of the Independent Electoral Commission. He believes that this reform should be

integrated into the national reconciliation and democracy building processes, through

consultations with political actors and civil society, with a view to increasing its credibility

and organizing peaceful and democratic elections.

B. Security

11. Notwithstanding the undeniable progress the Government has made in improving

security, Côte d’Ivoire has seen a number of armed attacks over the past five months,

including one against the 16th district’s police station in December 2013 and against the

Forces Républicaines de Côte d’Ivoire (FRCI) (Republican Forces of Côte d’Ivoire) in the

area of Grabo (68 km from Tabou) during the night of 22–23 February 2014. Incidents

involving dozos may have tapered off, but they have not completely stopped. The security

situation is further destabilized by the involvement in recent incidents of former soldiers

who have yet to be disarmed.

12. The Independent Expert particularly wishes to draw the authorities’ attention to the

risk of land-related intercommunity tensions, such as the incident on 18 April 2014 in

Bouaké, in which approximately 10 Fulani herdsmen were killed during an altercation with

the local communities of Koulakaha village that erupted after a Fulani herdsmen allegedly

killed a dozo on 6 April.

13. He noted with concern the information contained in the previous report of the Group

of Experts on Côte d’Ivoire, submitted under paragraph 19 of Security Council resolution

2101 (2013), concerning the involvement of former area commanders (“com’zones”) in

smuggling activities likely to foster insecurity.1

C. National reconciliation

14. The Independent Expert noted that the pilot hearing phase of the Dialogue, Truth

and Reconciliation Commission, held from 27 February to 12 March 2014 in Bondoukou,

Yopougon II, Korhogo, Agboville, Adzopé, Bouaké, Duékoué and Gagnoa, took place

without incident. He hopes that the lessons learned during the pilot phase will be put to use

in the national phase, and calls for greater awareness-raising and protection. He also calls

on all political actors to support the Commission’s efforts.

15. The Independent Expert warns against attempts to bring partisan rhetoric back into

universities, as demonstrated by the tensions that arose at Felix Houphouët-Boigny

University and Nangui Abrogoua University in Abidjan between the end of February and

early March 2014.

1 S/2014/266, paras. 172 and 173.

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D. Institutional trends

1. Disarmament, demobilization and reintegration

16. The Independent Expert welcomes and supports the efforts to roll out the

disarmament, demobilization and reintegration programme, and especially the positive

developments such as the return of exiles, particularly military personnel who have

answered the Government’s invitation to return and are contributing towards national

reconciliation. In response to the rumours of corruption marring the programme, which the

Independent Expert mentioned in his previous report (A/HRC/25/73, para. 31), the director

of the Disarmament, Demobilization and Reintegration Authority described a number of

steps taken to make the process more reliable, including the expulsion and prosecution of

fraudsters. The urgency of supporting the programme is made starker still by the worrying

fact that former soldiers have allegedly been involved in recent acts of violence.

2. National Human Rights Commission

17. The Independent Expert strongly reiterates his call for the authorities to strengthen

the independence of the Commission and enable it better to fulfil its key mandate to protect

and promote human rights in Côte d’Ivoire, in keeping with the Paris Principles.

3. Administration of justice

18. The Independent Expert repeats his call for a review of the provisions of the Code of

Criminal Procedure, in particular those whereby assize courts do not allow for appeals,

which are fundamental to the principle of effective remedy, as set forth in article 2,

paragraph 3, of the International Covenant on Civil and Political Rights.

19. He welcomes the adoption of Decree No. 2013-915 of 30 December 2013 on the

special investigation unit, which is responsible for “investigations into offences committed

during the crisis that followed the 2010 presidential election”.2 He notes with interest the

changes made to the unit’s mandate, in particular the definition of its rationae temporis

jurisdiction as from the 2010 post-election crisis and no earlier. He hopes that these changes

will not unduly increase the prosecution’s caseload as it already has a backlog. The unit

remains insufficiently staffed and hiring commitments have yet to be honoured.

E. Persistent human rights violations

1. Violence against women

20. The Independent Expert remains concerned at the prevalence of rape in the country

and regrets the fact that the justice system is not in a position to punish perpetrators as

severely as it should, many of whom, thanks to their status, have benefited from a climate

of impunity. He is further concerned at the practice, often by armed men, of extorting rape

victims and at the rape of girls and gang rape, such as in Aboisso, Bondoukou, Bouaké,

Daloa, Daoukro, Divo, Séguéla and Yamoussoukro.

21. The Independent Expert was informed of the case of a 35-year-old pregnant woman

who was brutally beaten by a police officer in Bouaké on 11 April 2014. On 17 April,

UNOCI reported that seven women had been brutally beaten and had their lives threatened

during an eviction operation led by police officers and members of the Forces

2 Journal officiel de la République de Côte d’Ivoire, No. 17, 31 December 2013. The Decree abrogates

the ministerial order of 24 June 2011 on the establishment of the special investigation unit whose

mandate had ended on 30 December 2013.

GE.14-02949 7

Républicaines de Côte d’Ivoire in Washington shantytown in the Cocody district of

Abidjan.

2. Torture

22. The Independent Expert was informed of acts of torture committed in various

detention centres, including beatings and other cruel, inhuman or degrading treatment, at

the hands of members of the National Surveillance Directorate, the Operational Decisions

Coordination Centre and the Forces Républicaines de Côte d’Ivoire.

23. On 1 January 2014, officers of the Forces Républicaines de Côte d’Ivoire broke into

a man’s home in San Pédro, arrested him and brutally beat the other four occupants of the

house, including a woman. The officers were arrested and released on 95,000 CFA francs

bail. Cases of ill-treatment by officers of the Forces, including extortion and death threats,

were also reported in the area of San Pédro on 14 January. Some detainees arrested in

February for breach of State security and held at the short-stay prison and correctional

facility in Abidjan were allegedly beaten in the course of their arrest and during their stay at

the Forces camp in Grabo. The Human Rights Division of UNOCI observed that 15 of them

had severe injuries.

3. Situation of detainees

24. The Independent Expert welcomes the country’s efforts to regularize the legal

situation of certain detainees. Over 1,000 prisoners were released under the presidential

pardon of August 2013. Several detainees close to former President Laurent Gbagbo, who

were imprisoned at the headquarters of the fourth infantry battalion of Korhogo (formerly

the Compagnie territoriale de Korhogo), were transferred to either the military short-stay

prison or the short-stay prison and correctional facility in Abidjan.3

25. Nevertheless, the Independent Expert remains concerned by the situation at the

short-stay prison and correctional facility in Abidjan, where banned objects and products,

such as knives, drugs and alcohol, can apparently be procured. In February 2014, during a

routine check by the country’s various security forces, a mutiny broke out, resulting in the

deaths of two inmates.

26. He wishes to express once again his grave concern for the persons detained by the

National Surveillance Directorate, sometimes in private buildings. He recalls that

incommunicado detention is incompatible with a democratic society governed by the rule

of law and that any prolonged detention by the Directorate that exceeds statutory limits is

unlawful and arbitrary. He also learned that in some cases, despite a duly signed judicial

authorization, Directorate agents decide on a discretionary basis whether or not to authorize

visits.

27. The Independent Expert is concerned at the situation of some 147 minors being held

in the same buildings as adults at the short-stay prison and correctional facility in Abidjan,

in flagrant violation of the relevant international norms. He is further concerned that a

certain number of people, including Simon Pierre Ehivet and Captain Antoine Kangbe,

whom he met at the facility, remain in detention.

28. On 14 February 2014, Michel Gbagbo was banned from leaving the country; the

Independent Expert has taken note of the diverging views expressed by the parties in this

regard. The prosecution service justified the measure, stating that the defendant, having

chosen his domicile4 upon his release pending trial, required prior judicial authorization for

3 Ten of them have been tried and acquitted by the Abidjan Military Court.

4 In accordance with article 144 of the Code of Criminal Procedure.

8 GE.14-02949

any travel outside the country. The defence attorney pleaded that this formality was not

required under the law and that the defendant, having duly chosen his office as his

domicile, should have freedom of movement. The Independent Expert has been told of

cases of persons having been released pending trial who are authorized to travel outside the

country.

29. Regarding the attempts by the judicial authorities to adjudicate the merits of Simone

Gbagbo’s case in Odienné from 4 to 6 February 2014, the Independent Expert regrets the

fact that only a token hearing took place given that the defendant requested in limine litis

that her parliamentary immunity be waived before answering the prosecutor’s questions. He

is of the opinion that a just, fair and swift trial leading to definitive judicial decisions in the

cases of Michel and Simone Gbagbo could end the controversy surrounding their status. In

this connection, he recalls his recommendation regarding the need to combat impunity and

prosecute all those who have committed serious human rights violations (A/HRC/25/73,

para. 88 (a)).

4. Freedom of expression and of assembly

30. The Independent Expert is concerned at a communication released on 11 April 2014

by the National Press Council whereby it decided to suspend the dailies Aujourd’hui, the

Quotidien d’Abidjan and the Temps for 12 issues, the weekly Bôl’Kotch for 4 issues and the

Quotidien for 3 issues, on the grounds that they infringed the Act of 14 December 2004, on

the legal status of the press, and the national journalists’ code of conduct. He laments the

fact that all the publications concerned are aligned with the opposition. He also urges

journalists to be mindful of the profession’s code of ethics in their treatment of information.

31. The Independent Expert welcomes the fact that leaders of the Front Populaire

Ivoirien have been able to tour the country. However, the ban on their rallies in Oumé,

Bouna and Abobo could compromise the authorities’ ability to guarantee the security and

free movement of political leaders nationwide.

32. He regrets the fact that, on 27 February 2014, security forces prohibited, with no

legal basis, a seminar of the Ivorian Civil Society Federation in Abidjan. On 7 March, he

called on the authorities to take the necessary steps to enable human rights organizations in

general, and the Federation in particular, fully to play their part and contribute to

consolidating progress in the country.5 He welcomes the attendance of the Ministry of the

Interior at a recent Federation meeting.

33. The Independent Expert is concerned by the situation of Alternative, an NGO that

works to protect persons living with HIV/AIDS and homosexuals and whose premises and

staff in a neighbourhood of Abidjan were attacked between December 2013 and January

2014. He regrets the absence of an adequate reaction from the authorities to uphold the

rights of this NGO.

5. Situation of exiles

34. The Independent Expert welcomes the Government’s ongoing efforts to encourage

the gradual return of exiles, including soldiers and militia members. He recalls that this

initiative should go hand in hand with withdrawal from returnees’ homes and their return to

work.

35. Furthermore, the Independent Expert was informed that on 17 February 2014, a

group of 21 refugees from Little Webbo camp in Liberia were arrested by the Liberian

5 Communication of 7 March 2014: www.ohchr.org/FR/NewsEvents/Pages/Display

News.aspx?NewsID=14329&LangID=F.

GE.14-02949 9

authorities and forcibly transferred to Côte d’Ivoire for allegedly taking part in attacks

against security forces. Six of them were released after a preliminary hearing. Some stated

that they had been mistreated by Liberian law enforcement officers. The Independent

Expert insists on the principle of voluntary return and is concerned at the way in which this

operation was carried out. If these facts are corroborated, he calls on Liberia and Côte

d’Ivoire, pursuant to their partnership in security matters, better to honour their

commitments under international refugee law.

6. Economic and social rights

36. The Prime Minister informed the Independent Expert of the State’s investment in the

social sector, including the opening of approximately 36,000 classrooms, the targeted

assistance programme in the health sector, the building of over 100,000 social housing

units, the construction of bridges and roads, the raising of wages and support for the

national agricultural investment programme. According to the Prime Minister, the best way

of improving Ivorians’ quality of life is to create wealth through growth.

37. The Independent Expert welcomes the decision, on 6 March 2014, to adopt a law on

universal medical insurance and invites the authorities to take specific steps to put the law

into effect.

38. Trade unions have reported that public sector employees have been dismissed

without the benefit of redundancy programmes. The Forces Républicaines de Côte d’Ivoire

continue to occupy the headquarters of the Federation of Autonomous Trade Unions of

Côte d’Ivoire. The Independent Expert encourages the State to ensure a balanced dialogue

between the Government, employers and trade unions for the country’s long-term

prosperity.

39. He draws the authorities’ attention to the fate of street children, known as “germ

children”, especially in the Abobo neighbourhood of Abidjan, who are the product of the

country’s difficult socioeconomic circumstances. They are both the perpetrators and victims

of serious acts of violence.

F. Cooperation with the international community

40. The Independent Expert draws the attention of senior United Nations officials to the

importance of not withdrawing ONUCI forces too soon, given the fragile situation in the

lead-up to the 2015 elections.

41. He has taken note of Security Council resolution 2153 (2014), in which it voted to

relax the sanctions against Côte d’Ivoire, including the weapons embargo.

42. He commends the Government for authorizing the visits of the Special Rapporteur

on the promotion of truth, justice, reparation and guarantees of non-recurrence and of the

Working Group on the use of mercenaries as a means of violating human rights and

impeding the exercise of the right of peoples to self-determination.

43. He has taken note of the fact that Charles Blé Goudé was transferred to The Hague

on 22 March 2014 at the behest of the International Criminal Court. He once again urges

the Court to bring to justice all those who committed serious human rights violations in

Côte d’Ivoire during the post-election crisis.

10 GE.14-02949

III. Proposed programme of action for assistance to victims of the Ivorian crisis

A. Background

44. In order to promote victim-centred national reconciliation and efforts to combat

impunity, the Independent Expert organized an international conference on the situation of

the victims of the Ivorian crisis, held in Abidjan from 12 to 14 February 2014. Amid

political polarization and a stalled political dialogue, the conference addressed the urgent

need to highlight the situation of victims as a national cause that transcends the political and

partisan divides that have long fuelled the Ivorian crisis. The goal was to remove the cloak

of invisibility and silence from victims and to give the various actors of the crisis —

including political parties and civil society — the opportunity to share their solutions to the

situation of victims. Through a comparative approach, participants also learned about

victim assistance policies that have been used in other African and South American

countries that have experienced similar crises.

45. The event followed the conference on impunity and equitable justice in Côte

d’Ivoire, held at the initiative of the Independent Expert in Yamoussoukro in February

2013. In his report to the Human Rights Council following the conference, he

recommended that the Dialogue, Truth and Reconciliation Commission “[e]mphasize the

central importance of victims’ situation and expectations and encourage the provision of

material, social, psychological, medical and legal support for them” (A/HRC/23/38, para.

88 (g)). Thus, the conference on the situation of the victims of the Ivorian crisis fulfilled

many of the earlier recommendations made by the 2004 and 2011 international

commissions of inquiry and by the Independent Expert himself.

46. Various State entities took part in the conference, including the Office of the

President, the Office of the Prime Minister, the Ministry of Education and Technical

Education, the Ministry for Solidarity, the Family, Women and Children, the Ministry of

Justice, Human Rights and Civil Liberties, the Ministry of Planning and Development, the

Dialogue, Truth and Reconciliation Commission, the National Human Rights Commission,

the special investigation unit, members of the judiciary, the Disarmament, Demobilization

and Reintegration Authority, the National Programme for Social Cohesion, the Solidarity

and Social Cohesion Observatory and the Directorate for War Victims. The conference also

brought together representatives of political parties (Front Populaire Ivoirien, Liberté et

Démocratie pour la République and Rassemblement des Républicains de Côte d’Ivoire),

civil society, international organizations, United Nations institutions and international

experts. Victims’ associations actively guided and informed the discussions.

47. The speakers analysed the situation of victims, assessed State efforts and suggested

possible solutions, providing the Independent Expert with a basis from which he was able

to put forward a series of recommendations to inform and promote a national assistance

programme for victims of the crisis.

B. Ethical and legal basis for providing victims with reparation

1. Ethical basis

48. It is the State’s duty to ensure that all perpetrators of human rights violations

committed in its territory are brought to justice. Its sovereignty is closely linked to its

ability to institute the rule of law, grounded partly in an effective, fair and impartial justice

system. State responsibility in terms of the reparation of human rights violations is based on

GE.14-02949 11

objective criteria regarding both those who wield public authority and the victims. Its

responsibility includes reparation of the harm suffered by all victims. Accordingly, the

main duty of the Government of Côte d’Ivoire is to support the victims of the long crisis

that undermined the country, irrespective of their political affiliation.

2. Legal basis

49. The Constitution safeguards human dignity, respect and protection of fundamental

liberties, the inviolability of human rights (art. 2) and the right of all individuals to free and

equal access to justice (art. 20). Although national law does not define the notion of

“victim”, the Code of Criminal Procedure sets forth the conditions for bringing a civil suit,

which is the basis for victim status and rights under national criminal law.6

50. The Constitution recognizes duly ratified international treaties and agreements as

being legally binding. Côte d’Ivoire has ratified a number of international conventions on

the State’s duty regarding reparation for victims of human rights and international

humanitarian law violations, including the International Convention on the Elimination of

All Forms of Racial Discrimination, in 1973; the Convention on the Rights of the Child, in

1991; the International Covenant on Civil and Political Rights and the African Charter on

Human and Peoples’ Rights, in 1992; the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment, in 1995; and the Rome Statute of the

International Criminal Court, in 2013. The Independent Expert draws attention to General

Assembly resolution 40/34 on the Declaration of Basic Principles of Justice for Victims of

Crime and Abuse of Power and resolution 60/147 on the Basic Principles and Guidelines on

the Right to a Remedy and Reparation for Victims of Gross Violations of International

Human Rights Law and Serious Violations of International Humanitarian Law.

C. Situation of the victims of the crisis

51. Since the end of the post-election crisis, victims have repeatedly expressed their

frustration with the sluggishness of judicial proceedings to obtain reparation. The human

rights violations they suffered are perpetuated by the impunity of the alleged perpetrators

and the failure to bring them to justice. The victims continue to suffer from the physical and

mental pain and considerable material and financial loss they incurred.

1. Material and personal harm

52. This loss and pain includes over 3,000 dead,7 physical/bodily injuries (e.g. torture,

abrasions, deep wounds, broken bones, severe burns), social damage (e.g. family

dislocation, social divides, deep divisions in some communities) and a profound sense of

solitude, injustice, vulnerability and helplessness. The crisis also caused material and

financial losses (such as the destruction, theft or confiscation of material and financial

goods); massive population displacement; the destruction of homes, sometimes of entire

villages, especially in the west; the loss of livelihoods and means of production for rural

populations who fled their villages; and limited access to basic social services, which were

already unreliable before the crisis.

6 Article 2 of the Code of Criminal Procedure reads as follows: “A civil action to seek redress for harm

caused by a crime, offence or misdemeanour may be brought by anyone who has suffered personally

from the harm directly caused by the offending act.”

7 See the national commission of inquiry, “Report of the inquiry into the violations of human rights and

international humanitarian law during the period 31 October 2010 to 15 May 2011”, July 2012, p. 12.

12 GE.14-02949

2. Impact of the crisis on the most underprivileged population groups

53. The heaviest burden of the Ivorian crisis over the past 10 years has been borne by

marginalized social classes, in particular those living in low-income neighbourhoods in

cities, towns and villages across the country, especially in Yopougon, the south-west and

west. They have seen their houses destroyed, their wives and daughters raped and their

husbands killed, tortured or imprisoned. For more than 10 years — although a large number

of them have been direct victims — the social and political elites have often managed to

lessen, at least for themselves, the effects of the cyclical crises that have beset Côte

d’Ivoire, either by going into exile or by obtaining amnesties through political wrangling.

3. The mental state of victims

54. The psychological harm caused by the Ivorian crisis includes loss of self-esteem,

loss of identity and values and the feeling of helplessness, which can lead to indiscriminate

hatred, blind impulses to seek revenge and even suicide. Many victims suffered, and

continue to suffer, post-traumatic stress disorder owing to the various forms of violence to

which they were exposed, such as murder, torture, rape, humiliation and disappearance.

Doubts as to the outcome of the legal proceedings under way cause a sense of helplessness

that locks victims in their situation, removes them from society, prevents them from having

faith in the justice system and the law and robs them of the ability to be full citizens and

thereby build their personal and social resilience.8

4. Impact of the crisis on the situation of children

55. Children have experienced repeated trauma as a result of the violence they suffered

and the numerous horrific events they witnessed. Worse still, they themselves were often

forced to perpetrate acts of violence. Their parents’ and relatives’ suffering, compounded

by their own anguish, has “robbed them of part of their childhood”.9 Many had to interrupt

their studies because of attacks on their schools or teachers’ flight. Some suffered sexual

violence while others were denied access to hospitals and humanitarian aid.10

5. Specific situation of women

56. The physical, material, social and economic impact of the crisis is particularly

severe and long-lasting for women. The socioeconomic situation of girls and women is

weakened, making them even more vulnerable in a country that has not been immune to the

feminization of poverty that has affected the entire subregion. Thousands of women who

were in the informal sector (crafts, small-scale retail, etc.) were forced to flee their homes

and abandon their work. UN-Women has drawn attention to heightened gender-based

violence, including many rape cases. Many victims of sexual violence were unable to file

complaints and received neither medical nor psychological care because of cultural

attitudes characterized by shame and social rejection.

D. Actions on behalf of victims

57. Measures on behalf of victims can be taken by either State or non-State actors.

8 See international conference on the situation of the victims of the Ivorian crisis, Abidjan, 12‒14

February 2014, presentation by Cécile Marotte.

9 Ibid, presentation by Niamke N’Dri Bertin, head of child protection, UNOCI.

10 See the serious violations of children’s rights referred to in Security Council resolution 1612 (2005)

on children in armed conflict.

GE.14-02949 13

1. State efforts

58. In the wake of the crisis, the Government established a series of mechanisms to

provide victims with assistance, including the Directorate for War Victims, the post-conflict

assistance project, the National Programme for Social Cohesion, the Solidarity and Social

Cohesion Observatory, the Dialogue, Truth and Reconciliation Commission, the National

Human Rights Commission, the special investigation unit and the National Commission of

Inquiry. These mechanisms and institutions, which are described in the detail below, are

entirely dedicated to victims.

59. The Directorate for War Victims is attached to the Ministry for Solidarity, the

Family, Women and Children and is responsible for identifying and assisting “war

victims”. Since it was set up, it has helped to resettle internally displaced persons

immediately after the crisis (May 2011) and has raised awareness of voluntary return,

provided subsidies, distributed food kits to displaced persons and financed the creation of

income-generating activities. The Directorate has also conducted a census of war victims,11

provided psychological and medical care to 143 victims, supported victims of gender-based

violence, awarded 200 scholarships and provided legal assistance to victims. In addition,

the Ministry of Education and Technical Education has ensured that child victims receive

an education.

60. The post-conflict assistance project, set up in 2007, is financed by the World Bank

and headed by the Office of the Prime Minister. Its mission is to enhance employment

opportunities and access to social services for the communities and individuals affected by

the conflict. Efforts already under way include quick-impact income-generating activities,

the construction and refurbishment of infrastructure in the departments of Duékoué, Guiglo,

Tai, Bloléquin, Toulépleu and Soubré. The project has helped selected communities to

establish some 131 “Peace Committees” for conflict prevention and management. It has

funded a training and settlement programme for 1,000 young people in Duékoué, Bangolo

and Guiglo in the areas of agriculture, herding, trade and services as well as an emergency

return project for internally displaced persons in five villages in Duékoué.

61. The National Programme for Social Cohesion is an interministerial programme to

mend the social fabric, foster coexistence, create the conditions for durable social peace and

resolve the major problems that jeopardize national cohesion. Since its establishment, the

programme has been working to set up a framework for exchange and collaboration with

victims’ associations as well as community and intercommunity counselling services for the

population of Anonkoua-Kouté, Angbovia and Bocanda. It is also implementing an

agreement with the Directorate-General for Employment regarding the social and

professional reintegration of vulnerable groups, the reception of returning refugees, the

development of economic projects to provide employment for voluntary repatriates and the

design, with UNOCI, of projects to refurbish community infrastructure.

62. The Solidarity and Social Cohesion Observatory works to strengthen solidarity and

social cohesion by developing early warning mechanisms and decision-making tools.

Headed by the Ministry for Solidarity, the Family, Women and Children, the Observatory’s

mission includes defining and updating solidarity and social cohesion indicators, taking

steps to promote and protect solidarity and social cohesion, conducting research and

assessing relevant national policies and programmes. Its activities include strengthening the

operational capacity of relevant government bodies and guiding the formulation of the

national solidarity and social cohesion policy. The policy will catalogue the harm suffered

11 In March 2013, their number stood at 70,000. See international conference on the situation of the

victims of the Ivorian crisis, Abidjan, 12‒14 February 2014, presentation by the Directorate for War

Victims.

14 GE.14-02949

and design and implement policies and mechanisms for reparation, early warning and the

refurbishment of basic social and economic infrastructure.

63. The Presidential Emergency Programme intervenes in emergency situations rapidly

to restore specific public services to minimal levels and swiftly meet the basic needs of the

affected population.

64. The Dialogue, Truth and Reconciliation Commission has, after holding national

consultations from 1 January to 28 February 2013, entered the quantitative phase of its

mandate and surveyed 48,561 individuals between 21 August and 21 September 2013.

Nearly 30,000 people took part in an inclusive and interactive dialogue during the

qualitative phase. Ivorians were thus able to express their views on this initial phase. Those

surveyed were able to comment on what types of violations should be included and what

forms reparation should take. The next steps will be crucial to the Commission’s

consideration of the situation of victims and will consist of counselling for victims,

awareness-raising, investigations and public hearings.

2. Efforts by non-State actors

65. In order to assist women victims of the crisis, UN-Women, the International Rescue

Committee, the Association des Femmes Juristes de Côte d’Ivoire (the Association of

Women Lawyers of Côte d’Ivoire) and the West Africa Network for Peacebuilding – Côte

d’Ivoire, with the support of the European Union, have launched a project to restore the

rights of women victims of sexual violence committed during the post-election crisis with a

view to ensuring that 70 victims who have not received any assistance are provided with

medical, psychosocial and legal support. Thanks to the project, these women have received

legal and psychological assistance. Five “peace huts” have been set up in Abobo,

Yopougon, Duékoué, Danané and Man, where the population can learn about gender-based

violence and women’s rights. Two projects for the economic empowerment of women are

under way in these areas, benefiting 800 women, including victims of violence, war

widows, female heads of households, displaced women and returnees.

E. Barriers to reparation for victims

1. Dispersal of State resources for victim assistance

66. The various statements and presentations made during the February 2014

international conference revealed that State expenditure on victims is widely dispersed.

More than six public institutions overlap in this area and their efforts do not necessarily

match victims’ expectations. The competitiveness stemming from their various

responsibilities potentially hinders and dilutes their efforts, whereas a balanced policy,

carefully crafted and coordinated by a central body, would have enabled the State to

rationalize its already meagre resources and ensure that its efforts had a greater impact. The

various statements made by the institutions responsible for victims also revealed the

absence of institutional partnership which would allow them to draw on each other’s

mandates and activities in order to build greater synergy. The multiplicity of bodies

confuses and discourages victims, who are faced with several points of contact and multiple

registration systems.

67. Furthermore, the various State and non-State projects do not always have a

noticeable impact because they are sporadic and fragmented. Hence the need for an

authentic programme of action for victims together with measurable qualitative and

quantitative objectives, reliable and sufficient resources, an oversight and assessment

mechanism and a specific time frame in order to transform victims from beneficiaries into

GE.14-02949 15

actors of economic reconstruction and to rebuild their trust in the State. The State would

then be in a position to credibly shoulder its key responsibility towards victims.

2. Persistence of impunity

68. Obtaining justice for the victims of the Ivorian crisis is one of the driving forces of

reconciliation. Despite the establishment of the National Commission of Inquiry, the

publication of its report and the establishment of the special investigation unit, the

impression of impunity remains palpable. Notwithstanding repeated commitments by the

political authorities and the clear readiness of justice officials, the issues of impunity and

equitable justice remain unresolved. Very few proceedings have been brought against the

perpetrators of violence during the post-election crisis. To date, only those closest to the

former regime have been prosecuted. The situation is partly to blame for stalling national

reconciliation and undermines trust in the restored justice system. The fact that alleged

perpetrators of human rights violations have recently been released pending trial makes it

unlikely that any precise dates will be set for their trials and could be construed as a de

facto amnesty. The participants in the 2013 conference on impunity and equitable justice

recalled that the amnesties granted to those who had committed violent acts between 2002

and 2010 yielded nothing more than tenuous political accords that not only failed to prevent

renewed violence but also fuelled a culture of impunity and exacerbated the crisis.

3. Absence of victim protection measures

69. Legal proceedings against the perpetrators of serious human rights violations in the

aftermath of the 2010 elections should go hand in hand with special protection measures for

victims, witnesses and other persons concerned, including judges. The latter’s

independence cannot be guaranteed because of the threats to their careers and persons.

Victims’ fear of filing a complaint against the alleged offenders, several of whom work in

law enforcement agencies, is compounded by the lack of information on the bodies to

whose attention cases should be brought in order to obtain justice and reparation. Speeding

up the adoption of the bill on the protection of victims and other persons concerned is

therefore crucial.

4. Fragility of the legal system

70. The legal system, which has been rebuilt despite a long history of legal vacuum, is

nonetheless undermined by several factors. The independence of the judiciary needs to be

strengthened, given the culture of political control over the justice system that prevails in

post-crisis situations in Africa. The credibility of the national legal system also poses a

significant challenge, owing to the pressure exerted by its international counterpart with

regard to the frequent allegations of crimes against humanity made throughout the Ivorian

crisis. The fact that the courts have ordered the release pending trial of many detainees held

in relation to the post-election crisis is symptomatic of a system keen to address the issue of

prolonged detention without trial. However, this measure also reflects the complexity of the

legal stakes for the victims of the Ivorian crisis: victims who self-identified as having been

close to the former regime welcomed the releases, while other victims interpreted them as a

sign that the State was more interested in the fate of the “persecutors” than in that of the

“real victims”. The conference provided an opportunity for victims’ representatives to vent

their frustration at the authorities.

71. During the national consultations led by the Dialogue, Truth and Reconciliation

Commission, 72 per cent of respondents stated that the justice system could not be trusted

— a figure that reflects a troubling perception that could erode faith in the courts — as a

guarantor of the rule of law in the future. In a democracy, justice is the last defence against

the loss of the belief that republican ethics transcend all individual and partisan interests.

16 GE.14-02949

5. Weak commitment by political actors

72. The national political discourse, which is increasingly characterized by partisan

invectives and power struggles, reveals that the situation of victims is not yet seen as

central to the national reconciliation process. The 2014 conference demonstrated that

political actors take a broadly politicized stance towards the situation of victims. It is

therefore urgent to turn the situation of victims into a national cause, drawing on three

elements that underpin a robust national reconciliation process: national solidarity, a

national policy that includes all victims without political, ethnic or religious distinction and

a comprehensive approach that addresses every aspect (social, medical, material,

educational and psychological) of victims’ suffering. The goal is to transform the situation

of victims into the driving force of a national catharsis in order to resolve the root causes of

the crisis and give renewed meaning and substance to the battered humanity of the Ivorian

people.

F. Guiding principles of an effective reparation policy

73. The provision of reparation for the victims of the Ivorian crisis requires an

operational framework that legitimizes, structures and maximizes the efforts of the State

and other relevant partners. The suggested reference document is based on the Basic

Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross

Violations of International Human Rights Law and Serious Violations of International

Humanitarian Law, set forth in resolution 2005/35 of the Commission on Human Rights

and reproduced in General Assembly resolution 60/147, which suggest guidelines for a

victim assistance policy.

74. Responsibility – The fundamental principle of State responsibility reflects the

stability of the State in its highest form, as guarantor of the well-being, equality and

security of all citizens, including victims. This inalienable principle entails the State’s

obligation to uphold and enforce ratified international conventions, customary international

law and national law, including the obligation to investigate serious violations of

international human rights law and bring the perpetrators to justice. This responsibility

extends to the violence and omissions of previous political regimes.

75. Definition – According to the aforementioned basic principles and guidelines:

“[V]ictims are persons who individually or collectively suffered harm, including

physical or mental injury, emotional suffering, economic loss or substantial

impairment of their fundamental rights, through acts or omissions that constitute

gross violations of international human rights law, or serious violations of

international humanitarian law. Where appropriate, and in accordance with domestic

law, the term ‘victim’ also includes the immediate family or dependants of the direct

victim and persons who have suffered harm in intervening to assist victims in

distress or to prevent victimization.” (A/RES/60/147, Annex, para. 8.)

This comprehensive definition effectively prohibits the State from discriminating against

perpetrators or victims on grounds of their ethnicity, religion, political affiliation or social

background.

76. Access to justice, remedy and assistance – Victims should have access to justice, i.e.

an effective remedy, relevant information, counsel and protection, including for their

relatives during proceedings, and steps should be taken to enable groups of victims to

present claims for and receive reparation (ibid., paras. 11–14). Adequate, effective and

prompt reparation should be proportional to the gravity of the violations and the harm

suffered (ibid., para. 15) and the State should ensure that reparation decisions handed down

by the courts are enforced (ibid., para. 17).

GE.14-02949 17

77. Fairness – All victims having suffered harm should be included in the reparation

process, without discrimination (ibid., para. 25). Fairness entails the adoption of targeted

measures for victims for whom applying for relief is most difficult or who suffered the most

from the violations.

78. Humanity and dignity – Victims should be treated with humanity and dignity in their

efforts to seek justice and reparation.

79. Access to information – It is the State’s duty to ensure that victims have access to the

requisite information on available remedies and counselling services (ibid., para. 24).

80. Access to appropriate reparation – Reparation may take the following forms:

restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition (ibid.,

para. 18).

81. Restitution – Victims should, whenever possible, be restored to their original

situation before the violation. Restitution includes: the restoration of liberty, identity and

employment, the enjoyment of human rights, the return to one’s place of residence and the

return of property (ibid., para. 19).

82. Compensation – Insofar as the human rights violations suffered are quantifiable,

victims should be compensated for physical or mental harm, lost opportunities, material or

moral damage, loss of earnings and medical and legal costs (ibid., para. 20).

83. Rehabilitation – This measure “should include medical and psychological care as

well as legal and social services” (ibid., para. 21).

84. Satisfaction – Steps taken by the Government to this end should include: effective

measures aimed at the cessation of continuing violations, public disclosure of the truth, the

search for the whereabouts of the disappeared, the restoration of the dignity of the dead,

public apology, the prosecution and punishment of persons liable for the violations,

commemorations and tributes to the victims and the inclusion of an accurate account of the

violations in educational material (ibid., para. 22).

85. Guarantees of non-repetition – Such measures should include: effective civilian

control of security forces, the harmonization of civilian and military proceedings with

international standards of fairness and impartiality, the strengthening of the independence

of the judiciary, the protection of victims, witnesses and persons concerned, the provision

of human rights education to security forces, the promotion of mechanisms for preventing

and monitoring social conflicts and legal reforms to take greater account of the country’s

commitments towards international human rights law (ibid., para. 23).

G. Recommendations for a comprehensive approach to assistance for

victims

86. A comprehensive approach should be taken to the provision of assistance for

victims on the basis of their actual needs and taking into consideration the full

restoration of their rights and citizenship. Bearing in mind that the provision of

reparation is first and foremost the State’s responsibility, the Independent Expert

makes the following recommendations for each of the three specific levels of

intervention, i.e. legislative, institutional and operational.

87. From a legislative standpoint, the Independent Expert recommends:

(a) The adoption of a law on protection mechanisms for victims, witnesses

and concerned persons, including judges, prosecutors, lawyers, human rights

defenders and medical experts;

18 GE.14-02949

(b) The adoption of an objective and specific legal definition of victim that

takes into account the Basic Principles and Guidelines on the Right to a Remedy and

Reparation for Victims of Gross Violations of International Human Rights Law and

Serious Violations of International Humanitarian Law (resolution 60/147, annex);

(c) The adoption of legislation to implement the Rome Statute of the

International Criminal Court; and

(d) The establishment of a special fund for victims.

88. From an institutional standpoint, the Independent Expert recommends:

(a) The formulation of a national vision on victims of the crisis in the form

of a countrywide programme, prepared in consultation with victims’ associations and

relevant civil society organizations, which provides for specific actions, financial,

material and human resources and a time frame that includes specific and realistic

objectives. The programme should be adopted through a law enacted by a National

Assembly that is representative of Ivorian political diversity, thereby adopting the

situation of victims as a national cause;

(b) The streamlining of State institutions and resources to provide assistance

to victims, including enhanced synergy among the National Human Rights

Commission, the National Programme for Social Cohesion, the Solidarity and Social

Cohesion Observatory, the post-conflict assistance project and the Directorate for

War Victims. As a moral and popular symbol of national unity and given its

intersectoral dimension and its impact on society as a whole and on economic

recovery, the situation of victims should be addressed by a national institution under

the jurisdiction of the Prime Minister;

(c) The establishment of a single institution to receive victims’ complaints

and grievances and provide them with the information they need to obtain medical,

psychological, socioeconomic and legal assistance;

(d) The decentralization of this national victims institution to enable victims

throughout the country to express their grievances and concerns and receive replies

suited to their local sociocultural context; and

(e) The harmonization of available victim databases, ensuring that those run

by the Dialogue, Truth and Reconciliation Commission, the National Programme for

Social Cohesion, the Directorate for War Victims, the National Human Rights

Commission and all other victim assistance systems are interconnected and are

overseen by the central victim assistance institution.

89. From an operational standpoint, the Independent Expert recommends that the

operational phase of the victim assistance programme be structured around the

following three areas of support:

(a) Medical and psychological care:

(i) Immediate care for victims whose situation requires urgent attention,

such as those still suffering from serious physical and psychological effects of

physical violence and from the loss of their home or employment;

(ii) Establishment throughout the country of accessible, free and

confidential psychological and social services for victims of rape and sexual

violence;

(iii) Definition of categories of loss and trauma, publication of this

information in order to demonstrate the scale of the harm caused by the crimes

GE.14-02949 19

committed during the crisis and identification of victims and assailants

(determining each actor’s responsibility prevents general victimization);

(iv) A public apology by the Government in which it admits its responsibility

for the serious harm suffered by the victims of the long Ivorian crisis and

expresses its commitment to ensuring that all victims obtain reparation,

irrespective of their political affiliation, social status or ethnicity; and

(v) Establishment of places where victims may share their stories and

mobilization of religious and traditional leaders to give meaning and substance

to traditional and spiritual healing practices for minds and bodies of the

individuals, and communities and to the values of solidarity and reconciliation;

(b) Socioeconomic assistance:

(i) Formulation of a public policy on restitution and compensation and

implementation of relevant measures for victims, such as free education for

orphans, housing for widows and orphans, the restitution of occupied premises

and measures to facilitate professional reintegration, including income-

generating activities;

(ii) Allocation of reliable funding for implementation and adoption of

procedures for its strict monitoring by a Government-mandated public

institution;

(iii) Incorporation of gender-specific aspects in the reparation process for

victims, including the establishment of counselling and psychological assistance

units for women and girl victims of sexual violence;

(iv) Socioeconomic reintegration and/or social and professional integration

of victims in the private sector or the civil service, based on their skills and

motivation and the country’s socioeconomic situation; and

(v) Use of the data generated by the Dialogue, Truth and Reconciliation

Commission and of its recommendations as a basis for the drafting of a

national policy on assistance for victims;

(c) Legal assistance:

(i) Protection of victims who wish to take part in the proceedings before the

International Criminal Court against reprisals;

(ii) Training and information for victims regarding their rights and the

possibility of individual or collective participation in proceedings before the

national courts and the International Criminal Court;

(iii) Advice for victims on how to bring a case before the national and

international courts and provision of free and competent lawyers to defend

them before those courts;

(iv) Adoption of more comprehensive reparation measures for victims,

including legal and non-legal reparations, based on the experience of countries

that have experienced social disruption similar to that of the crisis in Côte

d’Ivoire; and

(v) Acceleration of legal proceedings to ensure that alleged offenders receive

a fair trial while taking care not to sacrifice victims’ interests on the altar of

reconciliation and the ongoing political dialogue.

90. The Independent Expert recommends that the international community’s

support for the national programme of assistance for the victims of the Ivorian crisis

20 GE.14-02949

be incorporated into cooperation policies with that country and encourage the

involvement of victims’ organizations and human rights advocates. Its support may be

in the form of specialized technical expertise and contributions to a consolidated

victim-assistance fund.

91. The Independent Expert recommends that the victims of the crisis establish a

national victims federation that bring together all victims, without political, ethnic or

religious distinction. The federation should respect their diverse backgrounds and

serve as spokesperson before the Government and the international community.

H. Conclusion

92. The international conference on the situation of the victims of the Ivorian crisis,

held in February 2014, highlighted the initiatives taken by the Government on behalf

of the victims. However, the proliferation of institutions and the lack of coordination

among them, as well as the lack of information on their missions and mandates, were

repeatedly pinpointed as causes of dissatisfaction among victims with the State’s

efforts, which are nonetheless real. Taking up the situation of victims as a national

cause will ensure that the victims of the crisis do not become victims of the current

political polarization in Ivorian society.

93. The State has the overriding duty to ensure that the victims’ frustration does

not degenerate into a social crisis whose magnitude may well jeopardize national

reconciliation and social cohesion. Failing to reintegrate victims economically and

socially could force them to take desperate steps to survive, including unlawful

activities. The perception that offenders benefit from impunity could spark a desire

for personal revenge that might undermine the rebuilding of social peace. The thirst

for justice and reparation, if not addressed appropriately by the authorities, could

push Ivorian society into instability that the slightest electoral challenge or incident

between communities could exacerbate. Thus, fulfilling the victims’ right to

reparation is both an ethical and political duty.

94. In that connection, the Independent Expert advises all political actors to make

an ethical commitment. It is their responsibility to assume the moral initiative before

the Ivorian nation, to shoulder their historic responsibility in the long and deep

tragedy into which the Ivorian people have been cast and to strive to put the situation

of victims in the forefront of the process of national reconciliation and reconstruction

of democracy. They should make the plight of victims a national cause that transcends

political divides.

IV. General recommendations

95. The Independent Expert notes that Côte d’Ivoire has taken significant steps to

implement the recommendations made in his previous reports (A/HRC/19/72,

A/HRC/22/66, A/HRC/23/38 and A/HRC/25/73).

96. Nevertheless, he repeats his recommendations to the Government regarding

inter alia the need to align the National Human Rights Commission with the Paris

Principles; the impartiality of the justice system vis-à-vis those of all political

persuasions who committed gross human rights violations; the harmonization of the

Criminal Code with the country’s international obligations; the improvement of

prison conditions; the definitive and lasting resolution of the issue of dozos interfering

in security operations; the continuation of the inter-Ivorian political dialogue; the

consensus-based reform of the Independent Electoral Commission and the electoral

GE.14-02949 21

list; the rational management of the return of exiles and evictions; and a more

convincing response to issues of sexual violence.

97. He also repeats his recommendation that the international community continue

and strengthen its support to Côte d’Ivoire for the consolidation of democracy,

economic and social reconstruction and national reconciliation. Lastly, he reiterates

his recommendation to fully lift the arms embargo against the country.