31/78 Report of the Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights
Document Type: Final Report
Date: 2016 Jan
Session: 31st Regular Session (2016 Feb)
Agenda Item:
United Nations A/HRC/31/78
General Assembly Distr.: General 22 January 2016
English Original: French
GE.16-00901 (E) 090216 090216
*1600901*
Human Rights Council Thirty-first session
Agenda item 10
Technical assistance and capacity-building
Report of the Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights
Note by the Secretariat
The Secretariat hereby has the honour to transmit the report of the Independent
Expert on capacity-building and technical cooperation with Côte d’Ivoire in the field
of human rights, Mohammed Ayat, to the Human Rights Council. This report is the
outcome of the Independent Expert’s third visit to Côte d’Ivoire, which took place
from 2 to 12 November 2015, and covers the period from 1 September to 31
December 2015.
GE.16-00901 2/23
Report of the Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire in the field of human rights
Summary
This report is the outcome of the Independent Expert’s third visit to Côte
d’Ivoire, which took place from 2 to 12 November 2015, and covers the period from 1
September to 31 December 2015. The Independent Expert is pleased to highlight the
fact that presidential elections were held peacefully on 25 October 2015. A majority of
the national and international observers who were present agreed that the elections had
conformed to international standards. The Independent Expert applauds the sound
judgement displayed by the political community of Côte d’Ivoire and encourages its
members to proceed along its chosen path with a view to consolidating the peace and
maintaining the ground that has been gained in terms of economic and human
development.
The Independent Expert notes with satisfaction that, in his inaugural address of 4
November 2015, the President of Côte d’Ivoire identified national reconciliation as a
priority for his second term in office. Reconciliation necessarily entails ensuring that
justice is served, and the Independent Expert wishes once again to encourage the
Ivorian authorities to continue their efforts to ensure that the crimes committed in the
past do not go unpunished. A greater degree of balance is now being achieved in terms
of the legal action being taken against the two camps that took part in the violence that
broke out following the 2010 and 2011 elections. The findings of the National
Commission of Inquiry are now being drawn upon with a view to striking that
necessary balance in the interests of justice and reconciliation.
The investigations currently under way have been hampered by the difficulties
encountered by the teams in charge of exhuming the remains of victims of the crisis
that erupted in the wake of the elections in the western part of the country. These
problems have blocked the progress of the investigation into reports of numerous
bodies having been thrown into wells in Nahibly and the work being done to uncover a
number of mass graves; in addition, exhumations have not yet begun in the south-
western region of the country. In order to respect the traditions and sensibilities of the
population, a great deal of tact is called for in dealing with these cases. In addition, in
some instances, exhumations have been hampered by a lack of logistical support.
The Independent Expert emphasizes the need to tackle these problems without
delay while, at the same time, strictly upholding due process guarantees. The right of
defendants and other accused persons to stand trial within a reasonable time is a
pivotal component of those guarantees. The Independent Expert welcomes the
praiseworthy efforts of the Ivorian authorities to build the capacity of the justice
system by constructing and renovating courthouses, developing plans for the
construction and renovation of places of detention and providing training to judges
and other judicial personnel.
The Independent Expert applauds the Government’s efforts to provide
compensation to victims of serious human rights violations and underscores the
importance of expediting the identification of victims, clarifying the eligibility criteria
and providing victims with swift access to redress. In order to respond to victims ’
legitimate expectations, coordination between the National Commission on
Reconciliation and Compensation for Victims and the National Programme for Social
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Cohesion must be improved.
The Independent Expert draws attention to the worrisome conditions existing in
Ivorian prisons and highlights the efforts deployed by the Ivorian authoritie s to
renovate existing prisons and build new ones. These construction projects should be
aligned with international standards regarding the detention of minors. It is regrettable
that, in most of the country’s prisons, minors subject to a provisional custody order are
not held separately from adults. The Ivorian authorities are aware that prison
conditions are poor, and their willingness to rectify this situation with all due haste
deserves the firm support of the international community.
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Contents Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. Political background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. A major political event: peaceful elections held in accordance with international
standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B. Independent Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
III. National reconciliation: progress and challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. Combating impunity through the justice system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. Combating sexual violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
D. Activities of the National Commission on Reconciliation and Compensation for Victims 10
E. The National Programme for Social Cohesion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
IV. The human rights situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
A. Human rights in the context of the presidential elections . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B. Prison conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Child protection policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
D. The advancement of women and efforts to combat discrimination against them . . . . . . . 17
E. The National Human Rights Commission of Côte d’Ivoire . . . . . . . . . . . . . . . . . . . . . . . . 18
V. Judicial and constitutional reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
VI. The United Nations Operation in Côte d’Ivoire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
VII. Conclusions and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
A. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
B. Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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I. Introduction
1. This report is submitted pursuant to resolution 29/24 of the Human Rights
Council of 3 July 2015, whereby the Council decided to extend the mandate on
capacity-building and technical cooperation with Côte d’Ivoire in the field of human
rights for a period of one year and requested the Independent Expert to submit a report
to the Human Rights Council at its thirty-first session and his final recommendations
at its thirty-second session.
2. The present report is the outcome of the Independent Expert ’s third visit to Côte
d’Ivoire, which took place from 2 to 12 November 2015, and covers the period from 1
September to 31 December 2015. During this mission the Independent Expert met
with a number of senior officials of Côte d’Ivoire and with both national and
international stakeholders. He also held meetings with the Prime Minister and other
members of the Government, including the Minister of Justice, the Minister of Human
Rights and Civil Liberties, the Minister of the Interior and Security, and the Minister
of Solidarity, the Family, and Women’s and Children’s Affairs.
3. The Independent Expert also met with officials in various strategic areas,
including the Independent Electoral Commission, the National Commission on
Reconciliation and Compensation for Victims, the National Programme for Social
Cohesion and the Unit for Coordination, Follow-up and Reintegration. The
Independent Expert also met with senior justice officials, including the Prosecutor -
General of the Supreme Court, the Prosecutor-General of the Court of Appeals of
Abidjan and the Public Prosecutor of the Court of First Instance of Abidjan, who is
also in charge of the Special Investigation Unit.
4. The Independent Expert talked with representatives of political parties and civil
society institutions, including non-governmental human rights organizations and
victims associations. He met with the General Staff of the Armed Forces and with
members of the diplomatic corps and with officials from various United Nations
agencies. He also had the opportunity to participate in a workshop on mediation and
human rights organized by the Ombudsman. On this occasion, as in the past, he was
able to visit several places of detention.
5. The Independent Expert sought to gather information about the way that the
human rights situation in Côte d’Ivoire has evolved, which allowed him to continue to
develop recommendations concerning ways of improving the situation. Another of his
objectives was to continue his discussions with the Ivorian authorities regarding what
they need in order to build capacity in this respect.
6. The Independent Expert wishes to express his gratitude to the Ivorian authorities
for having invited him to their country and for their candid and sincere cooperation.
He also wishes to thank all the persons with whom he met in order to gather
information and discuss issues relating to his mission. He is very grate ful to the
officials of the United Nations Operation in Côte d’Ivoire (UNOCI) and the staff of
the Human Rights Division of UNOCI for the extremely valuable support which they
provided during his visit.
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II. Political background
A. A major political event: peaceful elections held in accordance with international standards
7. At the outset of this report, the Independent Expert wishes to highlight the
presidential elections that were held in Côte d’Ivoire on 25 October 2015. A majority
of the national and international observers who were present agreed that the elections
conformed to international standards. Given the configuration of the political
landscape and the political coalitions that have taken shape fairly recently, a single
round of elections was held. The incumbent, President Alassane Dramane Ouattara,
was re-elected with 83.6 per cent of the votes, with Pascal Affi N’Guessan obtaining
9.3 per cent of the votes and Kouadio Konan Bertin 3.9 per cent.
8. In recent times, many elections have been followed by violent protests, but on
this occasion the losing candidates all accepted the results and congratulated the
President on his re-election. This commendable attitude opens up bright prospects for
a pluralistic dialogue and a cooperative approach on the part of Ivorian politicians.
The Independent Expert applauds the sound judgement displayed by the political
community of Côte d’Ivoire and encourages its members to proceed along its chosen
path with a view to consolidating the peace and maintaining the ground that has been
gained in terms of economic and human development.
9. The fact that presidential elections were held peacefully and in accordance with
international standards is a major achievement that stands in sharp contrast to this
country’s recent troubled past. The Independent Expert wishes to highlight this very
welcome event, which is a stellar achievement shared by all Ivorians, without
exception. They should be rightfully proud of what they have accomplished. He also
wishes to underscore the crucial institutional role played by the Independent Electoral
Commission in ensuring that the election could proceed smoothly in an atmosphere of
calm.
B. Independent Electoral Commission
1. Status and purpose
10. The Independent Electoral Commission is a standing body established under the
Constitution (art. 32, para. 4) and is responsible for ensuring that elections are
transparent and held in a lawful manner. It represents an important institutional
development, inasmuch as, in the past, elections were organized and supervised solely
by the Ministry of the Interior. In conjunction with his review of the presidential
elections of 25 October 2015, the Independent Expert is also exploring the outlook for
the elections that are to be organized in the near or medium term by the Independent
Electoral Commission.
2. Successful organization of presidential elections
11. The Independent Expert notes that the dialogue held between the Government
and political parties in the run-up to the recent presidential elections made it possible
to ensure a relatively good balance in terms of the representation of the various
political stakeholders and the inclusion of a significant portion of the opposition. The
Independent Electoral Commission made a sustained effort to meet the challenges that
arose in that regard. It updated the electoral rolls and took part in developing the
security operations plan to be put into effect during the elections. As part of that plan,
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28,000 members of Ivorian security forces (the police, gendarmerie and army) were
deployed throughout the country. Their mission was to head off any trouble or
violence and to ensure that citizens would feel safe and could confidently go to the
polls undisturbed. In addition, all the candidates were provided with comparable
security details.
12. During the official election campaign, which ran from 9 to 23 October 2015, the
Independent Electoral Commission made sure that all the candidates had equal access
to government media (Ivorian television and the daily newspaper, Fraternité matin).
Before the elections, the Independent Electoral Commission had met with each
candidate, had taken note of his or her comments and of any grievances and had made
an effort to ensure that they were taken into consideration. All the candidates were
entitled to have two representatives at the polling stations and were able to avail
themselves of that right without hindrance. National and international observers were
present during the voting. Electronic biometric tablets were used to check voters’
identities and so avoid voter fraud. Unfortunately, this system did not work well at
some polling stations since, on election day, some polling officers were unable to use
these electronic tablets properly, even though they had been instructed in their use
during training sessions organized for that purpose. In these relatively rare cases,
manual identification systems had to be used instead.
13. Polling officers stationed in more remote areas of the country brought the voting
records back and validated the results. It is highly significant that the unsuccessful
candidates did not contest the results and that they all attended the President ’s
inauguration. The Independent Electoral Commission is to be credited with the
organizational work involved in this achievement (without, of course, forgetting the
role of all its various partners). This standing body will be called upon to organize
numerous other elections to be held in the future.
3. Forthcoming elections
14. The democratic process will continue with other (legislative, regional and
municipal) elections. The Independent Electoral Commission is committed to
organizing them all successfully in accordance with national and international
standards for the good of all Ivorians. However, organizing these elections may be just
as complicated, or even more so, than the presidential elections were. The
Commission should therefore begin its preparations now while exercising the utmost
vigilance in this respect. Its personnel are in need of ongoing training, and the people
who will be asked to operate the electronic tablets, if they are to be used in future
elections, will require further instruction. More generally, training should be more
carefully tailored to the established objectives and should be provided with sufficient
lead time.
4. Lessons to be learned
15. The Independent Electoral Commission should seek to learn all the lessons it can
from the recent presidential elections. It would be highly instructive, for exa mple, to
examine the voter turnouts in each region, classify them, compare them, analyse them
and use this as a basis for drawing conclusions and developing useful
recommendations for the future. It is important to determine, for example, why voter
turnout was lower in certain regions of the country, to what extent each presidential
candidate was able or unable to mount a campaign with nationwide coverage and why,
and how to rebuild the electorate’s trust in the electoral process and in politicians.
These are not idle questions. The answers to them and the social and political
adjustments which they indicate are needed could greatly improve the way in which
the current national reconciliation process is being handled and could strengthen the
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rule of law and the democratic process, to the benefit of all Ivorians. This fundamental
exploratory work should be undertaken in close cooperation with other national bodies
such as the National Programme for Social Cohesion and the National Commission on
Reconciliation and Compensation for Victims.
III. National reconciliation: progress and challenges
A. Combating impunity through the justice system
1. National reconciliation: a priority identified by the Head of State
16. The Independent Expert is pleased to note that, in his inaugural address on 4
November 2015, the President of Côte d’Ivoire reiterated his firm commitment to
continue working to further the reconciliation process. This was, in fact, the first
priority that he identified during his address.
2. Recent progress of the reconciliation process
17. A number of advances in this connection should be mentioned. The first has to
do with the work being done by the judicial branch to combat impunity. The second
relates to the area of transitional justice, which falls directly and indirectly under the
responsibility of the National Commission on Reconciliation and Compensation for
Victims and the National Programme for Social Cohesion.
3. Combating impunity through the justice system
18. The justice system continues to make progress in its effort to combat impunity.
In 2014, the assize courts, which had not been in operation for more than a decade,
were opened again. Since then they have tried a number of cases, including one in
which 83 persons, including Simone Gbagbo, were charged with having committed
acts of violence following the elections in 2011. Her application for judicial review is
now before the Court of Cassation. The 83 defendants in this case were all members of
the former regime.
19. Since the Independent Expert’s second visit, in May 2015, members of the
Forces Nouvelles, who had joined the Forces Républicaines de Côte d ’Ivoire, have
been prosecuted or are in the process of being brought to trial. The courts are therefore
making headway in their efforts to strike a greater balance in terms of the prosecution
of members of the two camps who took part in post-election violence in 2010 and
2011. The findings of the National Commission of Inquiry are now being drawn upon
with a view to achieving that necessary balance in the interests of justice and
reconciliation.
B. Challenges
20. A number of difficulties have slowed the progress of some of the investigations
now being conducted. It is true, nonetheless, that, with the help of the international
community, the exhumations required in order to gather the necessary evidence have
been completed in a number of locations (such as Toulepleu, Bloléquin, Guiglo and
the whole of southern Abidjan). In those cases it is important to take the necessary
steps to preserve and make use of this evidence and to return the victims ’ remains to
their families as swiftly as possible so that they can give their loved ones proper
burials and achieve some type of closure.
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21. In certain locations, however, the population continues to oppose the
exhumations for cultural reasons and, in some instances, as a way of expressing open
or covert political dissent. Difficulties of this type have been experienced in Duékoué,
in the western part of the country. This has blocked the progress of the investigation in
Nahibly into reports of numerous bodies having been thrown into wells and has
hindered efforts to uncover mass graves. Furthermore, exhumation work has not yet
begun in the south-western region. In order to respect the traditions and sensibilities of
the population, a great deal of tact is called for in dealing with these cases. In addition,
in some instances, exhumations have been hampered by a lack of logistical support.
This problem could be quickly remedied with the proper technical assistance.
22. While legal action is focusing on the crisis that broke out following the 2010 and
2011 elections, the fact remains that other serious human rights violations were
committed during earlier crises, as detailed by various investigative committees of the
United Nations. The perpetrators of these crimes should not be a llowed to go
unpunished either.
23. It is important for these problems to be tackled soon while, at the same time,
strictly upholding due process guarantees. The right of defendants and other accused
persons to stand trial within a reasonable time is a pivotal component of those
guarantees. The commendable efforts of the Ivorian authorities to build the capacity of
the justice system by constructing and renovating courthouses, developing plans for
the construction and renovation of places of detention and providing training to judges
and other judicial personnel should be pursued and supported more actively by the
international community.
C. Combating sexual violence
24. UNOCI monitors the human rights situation throughout Côte d ’Ivoire on an
ongoing basis and reports any human rights violations that are thought to have been
committed by members of the army. Military authorities assured the Independent
Expert that they systematically follow up on these reports, although it is sometimes
very difficult to find the guilty parties.
25. Between June and October 2015, members of the Forces Républicaines de Côte
d’Ivoire, working in cooperation with the Human Rights Division of UNOCI,
organized three large workshops on combating sexual violence against women. One of
the recommendations that came out of those workshops was that standards relating to
the effort to combat impunity for acts of sexual violence commit ted in connection with
armed conflicts should be included in the code of ethics for the armed forces that is
currently being drawn up. This recommendation has already been submitted to the
Minister of Defence. The army has also started to create a database on acts of sexual
violence committed by military personnel, but this praiseworthy initiative requires
material support if it is to be completed.
26. In the meantime, 30 focal points have been stationed in the various regions of the
country and given the responsibility of reporting cases of gender-based violence.
These focal points work with UNOCI field representatives and periodically organize
activities to raise the awareness of members of the Forces Républicaines de Côte
d’Ivoire about the need to prevent gender-based violence.
27. Côte d’Ivoire was delisted from the annex to the report of the Secretary -General
on children and armed conflict in 2007 (see A/69/926 -S/2015/409, para. 57). This
marks a significant advance in the area of children’s rights. If Côte d’Ivoire succeeds
in launching a more forceful policy for the elimination of sexual violence, it may
legitimately aspire to a time when no group in the country figures on the list of parties
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that are credibly suspected of committing or being responsib le for patterns of rape and
other forms of sexual violence in situations of armed conflict on the Security Council
agenda (see A/66/657-S/2012/33, annex). It is to be recalled that, in his report entitled
“The future of United Nations peace operations: implementation of the
recommendations of the High-level Independent Panel on Peace Operations”, the
Secretary-General established that “States parties repeatedly listed in my annual
reports on children and armed conflict and on conflict-related sexual violence will
henceforth not be accepted for participation in United Nations peace operations ” (see
A/70/357-S/2015/682, para. 127).
D. Activities of the National Commission on Reconciliation and Compensation for Victims
28. The National Commission on Reconciliation and Compensation for Victims is
responsible for drawing up a consolidated, definitive list of victims of the post -
elections crisis and for deliberating on possible forms of redress. It has also been
charged with developing recommendations for presentation to the President of Côte
d’Ivoire. The Commission is now in the process of preparing that consolidated list.
The initial deadline for entering names on the list of victims was 30 June 2015, but it
has been extended twice since then. The latest deadline was set at 10 December 2015.
The Commission reports that 71,746 cases have been registered and validated. 1
Difficulties have been encountered in arriving at a precise, operational definition of
redress that can be incorporated into a legal instrument. With a view to developing
such a definition, the Commission has wisely chosen to look for inspiration from the
experiences with transitional justice of other countries such as South Africa and
Morocco.
29. On 4 August 2015, two months before the start of the official election campaign
and prior to the consolidation of a definitive list of victims, the President decided to
commence the compensation process for 4,500 people who fall into one of two
categories: people who lost relatives and people who have personally suffered harm
and are in need of treatment and follow-up care. People who have lost a loved one
(3,500 persons) receive 1 million CFA francs (CFAF), while those in need of medical
care (1,000 persons) will be provided with such care free of charge together with
CFAF 150,000 to cover their transportation costs.
30. The objective of this and other operations of the sort is to show victims that the
Government is committed to fulfilling its promises regarding redress. These initiatives
need to be aligned, however, with the efforts of the National Commission on
Reconciliation and Compensation for Victims to develop a definition of what
constitutes a victim and of what constitutes redress and to determine how the latter is
to be provided. In some quarters people are asking whether the CFAF 1 million
payment to people who have lost a loved one is, given the severity of the harm
suffered, an advance against a larger payment or if it is instead more of a symbolic
sum to be paid in view of the large number of people to be compensated and the
limited funds available. Arguments can be advanced to justify either one of these
approaches.
31. In order to forestall arousing the kind of frustration that could undermine the
national reconciliation process, a sustained effort to explain the reason for the chosen
approach, along with its objectives and limitations, is called for. The authorities
should lend a compassionate ear to victims concerning their expectations regarding the __________________
1 The Dialogue, Truth and Reconciliation Commission interviewed 72,483 persons, of whom 28,064
were women and 757 were children, but other departments, such as the Ministry of Solidarity, the
Family, and Women’s and Children’s Affairs and the Ministry of Health, have lists of their own.
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redress to be provided for the harm that they have suffered, but they should also, at the
same time, avoid nurturing expectations that will be impossible to meet.
32. It should be noted that the report of the Dialogue, Truth and Reconciliation
Commission has not yet been made public, and it is strongly recommended that this
situation be rectified. This recommendation was set out in the Independent Expert ’s
preceding report (see A/HRC/29/49, para. 80) and also figures in Security Council
resolution 2226 (2015). The contents of the Dialogue, Truth and Reconciliation
Commission’s report rightfully belong to the victims and to all Ivorians, since they
have the right to be informed of the nature and extent of the abuses committed during
the post-election crisis. Although there may be a few legitimate exceptions, victims
generally need and want their grievances to be recognized publicly and the abuses to
which they were subject to be denounced as such. Making the report public would also
presumably have a cathartic effect on the direct and indirect victi ms of the post-
election violence.
E. The National Programme for Social Cohesion
1. Awareness of the importance of peaceful dialogue
33. The National Programme for Social Cohesion has worked to raise awareness of
the importance of maintaining a dialogue among the different sectors of Ivorian
society. In the run-up to the presidential elections, it organized targeted awareness
campaigns to get the message across that the elections were not a war but rather a
good opportunity for citizens to exercise their right to choose their leaders and that
this could and should be done in a peaceful setting marked by respect for the opinions
of others.
2. Adoption of a national strategy for achieving reconciliation and social cohesion
34. An overall national strategy for achieving reconciliation and social cohesion was
designed and then validated on 3 October 2015 following consultations with the
different sectors of the Ivorian population organized with support from UNOCI. This
national strategy is now awaiting approval by the country’s authorities and its
subsequent adoption. The results of the consultation process attest to Ivorians ’ desire
to have a more equitable justice system and their support for the promotion of social
and economic rights. The intent is for this national strategy to reflect their concerns
accurately. The strategy provides for the restoration of social cohesion through the
promotion of a number of cardinal values in such areas as good governance and the
introduction of a policy for the advancement of economic, social and cultural rights
(including those relating to education, job creation, the emancipation of women, the
enhancement of human and food security, and the equitable settlement of property
disputes).
3. Creation of an institutional framework for the implementation of the national
strategy for achieving reconciliation and social cohesion
35. An institutional framework has been established for the implementation of the
national strategy for achieving reconciliation and social cohesion. It provides a
platform for cooperation among representatives of national and local authorities,
national and international non-governmental organizations and the United Nations,
among others. The availability of the necessary material and human re sources and the
presence of the required political will have been identified as prerequisites for the
strategy’s successful implementation. The efforts devoted to this initiative by the
Ivorian authorities can be leveraged by the advocacy and support of the international
community.
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4. The role of the National Programme for Social Cohesion in the implementation of
the national strategy for achieving reconciliation and social cohesion
36. The National Programme for Social Cohesion has a direct role to play in the
reparation process and serves as the executive secretariat for the National Commission
on Reconciliation and Compensation for Victims (pursuant to Decree No. 2015 -174 of
24 March 2015). In that capacity, it has worked to further the implementation of the
pilot phase of the process for providing redress to crisis victims in Côte d ’Ivoire. A
committee has been created to coordinate and monitor the reparation process under the
supervision of the Commission. This committee is composed of representatives of the
National Commission on Reconciliation and Compensation for Victims, the National
Programme for Social Cohesion and six ministries. In late June 2015, the committee
met and approved the list of victims prepared by the National Commission of Inquiry
to be used as a basis for the pilot phase of the reparation process.
37. The Independent Expert sees a continuing need to find the best possible way of
aligning this pilot phase with the efforts being undertaken by the National
Commission on Reconciliation and Compensation for Victims and the National
Programme for Social Cohesion with a view to establishing an appropriate framework
for the compensation of all the victims.
5. Structural ties between the National Commission on Reconciliation and
Compensation for Victims and the National Programme for Social Cohesion
38. The Independent Expert wishes to draw attention to the difficulty involved in
coordinating the important roles performed in relation to reparation by the National
Commission on Reconciliation and Compensation for Victims and the National
Programme for Social Cohesion because the instruments that define those roles are
unclear and open to divergent interpretations on the part of the two institutions.
39. The Independent Expert strongly recommends that the public authorities clarify
this situation as soon as possible in order to expedite the reparation process, which is
one of the pillars of national reconciliation.
40. The Independent Expert also calls upon the international community to provi de
financial support for victim compensation funds and to continue to play an active role
in building the human and material operating capacity of the National Commission on
Reconciliation and Compensation for Victims and the National Programme for Socia l
Cohesion.
IV. The human rights situation
A. Human rights in the context of the presidential elections
41. Clearly, the elections could not have been conducted so successfully in the
absence of a basic respect for human rights on the part of the Ivorian authorities. This
stance has paved the way for a constructive dialogue and has, in large measure,
engendered a social environment that is conducive to the exercise of a number of
fundamental political rights, such as the rights to freedom of expression and freedom
of peaceful assembly. As observed by the Independent Expert in a press release dated
12 October 2015, at the start of the election campaign, Côte d’Ivoire needs peace and
democracy in order to pursue its economic and human development processes and to
reclaim its position as an open, inclusive country. The Independent Expert would also
add that respect for human rights is the cornerstone for any sustainable development
process.
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42. It is nonetheless advisable to draw a distinction between two periods: the
election campaign itself and the period that preceded that campaign.
1. During the election campaign
43. During the election campaign itself, the Human Rights Division of UNOCI noted
that public demonstrations and meetings held by the opposition proceeded peacefully
and as planned. Peaceful, public demonstrations and meetings are the outcome of the
combined efforts of two main groups: on the one hand, there are the people who
participate in demonstrations or assemblies, who must adhere to the applicable laws
and regulations and exercise self-discipline in order to avoid any outbursts that could
constitute a threat to public safety, and, on the other hand, there are the public
authorities, who should safeguard people’s right to demonstrate and to participate in
peaceful public assemblies and should provide appropriate instructions to avert any
outbreak of violence. Peaceful public assemblies and demonstrations are a hallmark of
maturity on the part of the population and of a responsible atti tude and adherence to
international standards on the part of the authorities.
2. Prior to the election campaign
44. In contrast, during the pre-campaign period, the UNOCI Human Rights Division,
which is responsible for monitoring the human rights situation in the country on an
ongoing basis, observed that some opposition demonstrations had been banned and
that a number of people, some of whom belonged to the opposition, had been arrested.
The Independent Expert brought these incidents up with the authori ties and inquired
about the reasons behind them. The authorities responded that there had been violent
demonstrations and that a call for street protests had been made following the
publication of the list of presidential candidates. Disturbances had broken out in the
Department of Gagnoa, and specifically in Logouata, in the wake of demonstrations
organized for 10 September by the National Youth Coalition for Change.
45. Demonstrators were protesting the candidacy of the incumbent, President
Alassane Ouattara, whose Ivorian nationality had been called into doubt in some
quarters on the basis of the concept of “ivoirité” (Ivorian identity). The disturbances
led to the death of three persons and caused serious material damage, with properties
being burned down in Bayota, Logouata and Ouragahio. Unrest had also broken out in
Bonoua and Youpougon, a district of Abidjan. These incidents had put local and
national authorities on the alert, especially given what had happened in the past, the
imminent security risks that they posed and the fear that they could threaten the
country’s still fragile social cohesiveness.
3. The legal regime governing the organization of peaceful demonstrations and public
assemblies
46. The Independent Expert has researched the legal regime in Côte d ’Ivoire that
governs the right to organize public assemblies and demonstrations. Under that
regime, assemblies and demonstrations must be announced in advance but the
organizers are not required to obtain authorization. If the public authorities determine
that an assembly or demonstration could pose a threat to law and order, they may
decide to prohibit it. The system is thus a more liberal one than the syst em whereby
prior authorization must be obtained by the organizers of public assemblies or
demonstrations. The Independent Expert notes that the authorities have both the right
and the duty to ensure the safety of the country’s citizens (both those who are
demonstrating and those who are not).
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4. International standards applying to public assemblies and peaceful demonstrations
and to arrests
47. The Independent Expert wishes to remind the authorities that the power to
prohibit peaceful demonstrations and assemblies should only be used in exceptional
circumstances under international law. More specifically, freedom of expression
through assemblies and demonstrations is a fundamental human right whose
enjoyment may not be restricted except under exceptional circumstances that are in
full conformity with the principles of legality, necessity and proportionality. It is
important, under all circumstances, to avoid banning public assemblies or
demonstrations based on an overly broad interpretation of what constit utes a threat to
law and order. In addition, any such ban should be made known in writing as soon as
possible, along with the reasons for it. The practice of informing the population of the
reasons for such a ban is conducive to the type of transparency which should
characterize decisions taken by public authorities, as well as being instructive and
contributing to civic engagement. This also makes it possible, where appropriate, for
citizens to exercise their right to have recourse to the legal, administra tive and judicial
remedies open to them in as effective a manner as possible.
48. Training to raise awareness about the international standards governing the right
to hold public assemblies and demonstrations should be provided to members of law
enforcement agencies, who should also receive reminders regarding these standards
from superiors on a regular basis. By the same token, the authorities and politicians
whose supporters participate in such assemblies and demonstrations should ensure that
citizens are aware of their rights and of the extent to which those rights may legally
and legitimately be restricted.
49. It is understandable that the trauma experienced by the whole of Ivorian society
as a result of the violence that reigned over the past two decades may at times
engender an excessive degree of precaution and a tendency to exaggerate potential
threats. This may, in its turn, prompt the authorities to prohibit certain assemblies or
demonstrations without due cause. The consolidation of the rule of law, which is a
goal close to the hearts of all Ivorians, will necessarily entail the adoption of a more
temperate attitude by the public authorities and redoubled efforts to uphold the civic
and political rights of all persons.
50. Arrests should be made only when they are absolutely necessary to avert serious,
imminent threats of danger and in strict observance of the persons’ rights, which
include the right to be held in a known location and for the persons ’ presence there to
be duly registered, the right to have access to a lawyer without delay, the right to be
promptly brought before a judge and the right to be tried within a reasonable period of
time in strict accordance with all due process guarantees. Any and all arrests,
regardless of the identity of the arresting authority (police, gendarmerie or the
National Surveillance Directorate (DST)), should be conducted in a way that upholds
people’s rights and should be closely overseen by public prosecutors and judges within
the bounds of their personal, material and territorial jurisdictions. The time limits
applying to the duration of police custody should be scrupulously observed under the
constant and vigilant supervision of the public prosecutor ’s office. Persons who are
convicted and given a custodial sentence by a court of law should be transferred to a
prison rather than being held in police or DST custody.
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B. Prison conditions
1. The worrisome situation in correctional facilities
51. The situation in the prisons of Côte d’Ivoire remains a cause of concern, and the
Ivorian authorities are well aware of this. The current state of affairs is the outcome,
among other factors, of the prolonged period during which the country was plagued by
violent conflict — conflict that inevitably had an impact on public infrastructure,
including the country’s prisons. The Ivorian authorities are aware that prison
conditions are poor, and their willingness to rectify this situation with all due haste
deserves the firm support of the international community.
52. The Independent Expert wishes to reiterate the observations and
recommendations concerning the country’s prisons that he made in his preceding
report (A/HRC/29/49). He would also add that the Government must put an end to the
tyranny exercised by certain prison bosses over the rest of the prison population. One
example is the so-called “Chinaman”, who is incarcerated in the Abidjan Detention
and Correctional Centre.
53. In this report the Independent Expert would like to place particular emphasis on
the situation of minors in conflict with the law. When dealing with juvenile offenders,
the vulnerability of these children should be taken into consideration, and they should
be given a genuine opportunity for rehabilitation.
2. Situation of minors in conflict with the law
54. The juvenile justice system in Côte d’Ivoire suffers from serious shortcomings
that have not escaped the attention of the authorities. In order to rectify these
problems, a well-designed reform programme and sufficient material and human
resources will have to be put in place. In 2012, a national policy for the protection of
all children was adopted and, with support from UNOCI and a number of donors, the
steps to be taken to restructure the juvenile justice system have been under discussion
since 2013. This restructuring programme will encompass the entire legal framework
within which the juvenile justice system operates. More specifically, it includes plans
for the creation of legal protection services specifically for juveniles within the court
system. Initially, these services will be piloted in two districts of Abidjan, Plateau and
Yopougon, and in the cities of Bouaké and Man. The order authorizing the
establishment of these services is pending, and it is strongly recommended that it be
issued soon.
55. The Ivorian authorities are working to renovate the country’s prisons and to
build new ones. Since 2013, plans have been put in place for the construction of nine
prisons and for the renovation of existing facilities (decision of the Council of
Ministers of 25 July 2013). These construction projects should be aligned with
international standards regarding the detention of minors. It is regrettable that, in most
of the country’s prisons, minors subject to a provisional custody order are not held
separately from adults.
56. There are only three observation centres for minors in the country. These centres
are located in Abidjan, Bouaké and Man.
3. Abidjan Juvenile Observation Centre
57. At the time that the Independent Expert visited the Abidjan Juvenile Observation
Centre, it housed 61 children in very unhealthful conditions. This facility has the
regrettable distinction of being located within the Abidjan Detention and Correctional
Centre and is therefore within a prison environment that is totally at odds with its
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purpose, which is to help judges gain an idea of these troubled minors ’ personalities
before they rule on their cases. While it is true that there is a wall that separates this
observation centre from the prison itself, in practice this separation is often illusory. In
addition, the Abidjan Juvenile Observation Centre does not have medical facilities of
its own, so minors who are ill are cared for in the prison infirmary; in some cases they
stay there overnight, with all the safety issues and threats to their moral integrity
which that entails.
58. This situation is on the point of being rectified thanks to the relocation of the
Abidjan Juvenile Observation Centre. The minors housed in the facility located within
the Abidjan Detention and Correctional Centre are to be rehomed in the new
Observation Centre shortly. Throughout the country, the utmost effort should be made
to separate minors, whether they are in temporary detention or have been convicted,
from adult prisoners.
4. The specific situation in the Dabou Centre
59. Another matter that should be forcefully addressed is the situation of the children
who are referred to as “germs” (microbes) in the Dabou Centre. The Independent
Expert feels called upon to reiterate his categorical condemnation of the use of this
term to stigmatize children in conflict with the law (see A/HRC/29/49, para. 17). At
the time of the Independent Expert’s visit to Côte d’Ivoire, the Dabou Centre housed
some 60 children who are considered to pose a danger to the community because of
the acts of violence that they have committed in the past and the risk that they may
commit similar acts in the future. They are themselves sometimes attacked by
members of the public in retaliation for acts of violence which they have or are
suspected of having committed.
60. The Independent Expert has been assured that these children are not
incarcerated, since they have gone to the Centre of their own free will or have been
taken there by family members and are free to leave whenever they wish. The Centre
is run by the Unit for Coordination, Follow-up and Reintegration, which took the
place of the Disarmament, Demobilization and Reintegration Authority. The
authorities emphasized that the Centre’s purpose is to rehabilitate the children who are
housed there.
61. The Independent Expert wishes to make the following observations in this
regard. It is imperative that these children be protected from attacks by members of
the public, which may be motivated by fear or by a desire for revenge. Moreover, the
determination of the extent to which they pose a danger to society, any restriction of
their freedom of movement for any appreciable amount of time and any type of
custodial arrangement should be overseen by the justice system. Children in conflict
with the law should be provided with suitable rehabilitative care that is in keeping
with their young age and in accordance with the law. The institutions entrusted with
providing that care should be closely supervised by the justice system.
62. Special attention should be devoted to the children known as “talibés” who have
recently begun to enter the country across its northern borders. These children usually
come from very poor families who entrust them to religious teachers. However, rather
than ensuring their education, some of these teachers subject them to the most
disgraceful forms of exploitation and force them to beg on their behalf.
C. Child protection policy
63. Child protection systems should also have a preventive component. The
authorities should not wait until a child begins to engage in misconduct before taking
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him or her in hand. The Government of Côte d’Ivoire has shown itself to be aware of
this and has been working to make school attendance compulsory and free of charge
for children up to the age of 16. The national social protection strategy that was
adopted in 2013, which provides for universal social security coverage, is expected to
benefit all vulnerable sectors of the population, including children (see A/HRC/29/49,
para. 26).
64. A bill on trafficking in children has been submitted to the National Assembly.
The Independent Expert recommends that this opportunity be taken to address the
issue of trafficking in persons in general, including, of course, the trafficking of
children and women.
65. A bill on the protection of children who have been deprived of familly support
has been adopted. This legislation, which provides for assistance in such areas as
health and education, covers two categories of children. The first category, Wards of
the Nation, includes orphans of government functionaries and children orphaned in
natural disasters. This category is of symbolic importance and its existence can be
expected to strengthen the nation’s social cohesion, which is why the National
Commission on Reconciliation and Compensation for Victims is involved in drawing
up this list of child beneficiaries. The second category, Wards of the State, is
essentially composed of abandoned children. While the Independent Expert is aware
that there may be certain understandable considerations underlying the creation of
these categories, the fact remains that all children should benefit from sufficient
protection and that the quality of that protection should only differ to the extent that
this is dictated by the principle of the best interests of the child as set forth in the
Convention on the Rights of the Child.
66. A number of private-sector initiatives to afford protection to children who lack
the support of their families are under way. In order to ensure that these initiatives stay
on track, however, the Ministry of Solidarity, the Family, and Women’s and Children’s
Affairs requires that all associations that intend to work with orphans must first o btain
a permit. In addition, the Ministry issues a list of the funding provided to these
associations by donors.
67. Another noteworthy initiative relating to children has been the establishment of a
children’s parliament. This institution is designed to introduce young people to the
workings of a democratic system and has already held a number of successful
sessions.
D. The advancement of women and efforts to combat discrimination against them
1. Parity
68. Efforts to promote the advancement of women and to introduce a social policy
that covers gender issues are moving forward. The Ministry of Solidarity, the Family,
and Women’s and Children’s Affairs has drafted a bill dealing with equality of
opportunity for women to take up public office. Clearly, once it is passed, this
legislation should be accompanied by a sustained effort to make all members of
society aware of the need to combat discrimination against women in all its various
forms. The fact that this will require continuous efforts over the long term underscores
the importance of setting up a gender observatory.
2. Student pregnancies and early marriage
69. Although the number of pregnancies among students has declined, the authorities
continue to combat this problem, and awareness-raising activities have been
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undertaken in the schools. Early marriages are also a concern. The Government has
enlisted the aid of non-governmental organizations in addressing this problem on the
basis of a local grass-roots approach to dealing with the families concerned.
3. Sexual violence against women
70. The Ivorian authorities’ records point to a decrease in the number of acts of
sexual violence directed against women. It would be desirable for these quantitative
findings to be backed up by statistics that have been systematically compiled using
scientific methods in order to provide greater guidance in orienting the society ’s
response to this problem. The authorities have found that women are more willing
than before to report acts of sexual violence committed against them. Increased
awareness of this problem and the mechanisms that have been put in place to combat
it appear to be gradually bearing fruit. One of these mechanisms is the Legal Affairs
Directorate of the Ministry of Solidarity, the Family, and Women’s and Children’s
Affairs. That office assists women victims of sexual violence and follows through on
the legal action that they bring before the courts. The Ministry is also regularly called
upon to take action in cases of harassment in the workplace.
71. The fact that the assize courts held no sessions at all between 2002 and 2014 and
have held them only irregularly since then has heightened the degree of impunity for
the crime of rape which exists in the country and has led to a substantial backlog of
rape cases. Given this situation, judicial authorities have been obliged to downgrade
these crimes by categorizing them as indecent assault instead of rape so that they can
be tried in courts of first instance. This also means, however, that convicted persons
are subject to lighter sentences than they would have been if they had been tried by an
assize court.
72. The Independent Expert reiterates his concern about the fact that article 354 of
the Criminal Code establishes the penalties for rape but does not provide a definition
of the offence. The absence of such a definition is not conducive to a common
understanding on the part of judicial officials of what constitutes rape and opens the
way for varying interpretations of the offence.
E. The National Human Rights Commission of Côte d’Ivoire
1. The Commission’s role during the election campaign
73. The National Human Rights Commission of Côte d’Ivoire played an active role
during the presidential election campaign and on voting day. In the run-up to the
elections, it monitored the registration process, and the comments that it conveyed to
the Independent Electoral Commission contributed to the decision to extend the
deadline so that the lists would be as inclusive as possible. The National Human
Rights Commission also interviewed the candidates and informed the Independent
Electoral Commission of their grievances. During the voting, it stationed observers at
the polls in coordination with civil society associations and later issued a report on the
elections.
2. Publication of the Commission’s annual reports and other activities
74. On 25 September 2015, the National Human Rights Commission of Côte
d’Ivoire submitted its first annual report, which covered the year 2014, to the
President. That report was then promptly made public, along with the annual report for
2013. This significant achievement deserves mention. The Independent Expert wishes
to underscore the importance of issuing annual reports on the human rights situation in
the country on a regular basis. It is also important to publish regular reports on
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sectoral issues that merit further examination. These reports need to be properly
publicized and brought to the attention of civil society and the public authorities,
particularly legislators and the staff of offices responsible for security matters and the
administration of justice.
75. Cooperation between the National Human Rights Commission of Côte d’Ivoire
and the UNOCI Human Rights Division continues to bear fruit. A strategic five -year
plan for the fulfilment of the Commission’s mandate was adopted in October along
with a plan of action for the implementation of the recommendations made during the
universal periodic review and by the treaty bodies. The Commission continues to
partner with civil society in connection with the national human rights observatory
and in other areas. Through its Subcommission on Detention, it also continues to
devote special attention to the situation of incarcerated persons and to the
improvement of their treatment.
76. The Commission has succeeded in increasing the number of regional offices. It is
nonetheless true, however, that only 15 of the planned 31 offices have as yet been set
up, and these regional commissions are faced with severe shortages of resources. More
generally, the Commission is in need of more resources in order for it to be able to
organize more human rights training activities in the various public sectors where such
training is required.
3. Enhancement of the status of the Commission
77. In his inaugural address of 4 November 2015, the President of Côte d ’Ivoire
announced that he intended to initiate the process of amending the Constitution. The
Independent Expert applauds this initiative insofar as it will help to consolidate the
rule of law. A constitutional reform process also offers a valuable opportunity to
enhance the status of the National Human Rights Commission of Côte d ’Ivoire. The
Commission would stand to gain from being recognized as a constitutional institution
entrusted with monitoring the observance of human rights in the country and working
with the authorities and civil society to promote human rights. Its institutional and
financial independence should also be consolidated so that it may be brought more
fully into line with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles).
78. The Independent Expert wishes to emphasize that the National Human Rights
Commission of Côte d’Ivoire is an extremely important institution for the promotion
of human rights in the country. It has a crucial role to play in the proactive prevention
of human rights violations and in dealing with those that are committed with all due
diligence. It also performs an essential function by providing the authorities with
sound advisory assistance in connection with the strategy to be used for promoting
human rights. The Commission is, in addition, intended to serve as an important
channel for effective communication and cooperation with Ivorian civil society,
United Nations bodies and other national and regional organizations working in the
field of human rights.
79. The Independent Expert urges the officials of the National Human Rights
Commission of Côte d’Ivoire to take a bolder stand against the human rights
violations committed in their country. He also calls upon the Government of Côte
d’Ivoire to raise its officials’ awareness of the importance of the role that this
institution could play in promoting human rights and to provide it with the material
and human resources that it needs in order to fulfil its essential functions.
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V. Judicial and constitutional reform
80. Deliberations concerning judicial reforms are proceeding, with possible
amendments to the regulations currently governing the assize courts being debated.
Some potential changes being mentioned include alterations in their structure and
composition, along with the possibility of having an appeal review procedure. The
Independent Expert is pleased to note that judges have been involved in the
discussions on reforms in the justice system.
81. Some texts are still being awaited with some impatience, and the Government is
urged to make an earnest effort to finalize them and have them promulgated withou t
delay. There are three particularly important texts of this nature: (a) a text containing
the wording of the definition of “victim”, which is necessary in order to make an
actual start on the victim compensation phase of the process; (b) a text on victim and
witness protection, which is needed in order to facilitate the trials of persons suspected
of being responsible for the violence of past years and further the reconciliation
process; and (c) the text of the implementing regulations for the law on the protection
of human rights defenders.
82. In his inaugural address, the President announced that the Constitution of Côte
d’Ivoire was to be reformed without delay. The Independent Expert applauds this
initiative, which could strengthen the rule of law by introducing further provisions to
reinforce the country’s democracy. It is also imperative to remove provisions from the
Constitution that have the potential for deepening divisions within Ivorian society,
such as article 35, which establishes the concept of “ivoirité”. It is also important to
ensure that the powers of the different branches of government are balanced and that
the judiciary is and remains independent. This reform effort could also provide an
opportunity to establish the status of some bodies, such as the National Human Rights
Commission of Côte d’Ivoire, as constitutional institutions and to strengthen their
structures and consolidate their independence.
VI. The United Nations Operation in Côte d’Ivoire
83. The Independent Expert wishes to draw attention to the important role played by
the United Nations Operation in Côte d’Ivoire (UNOCI) in providing support for the
smooth running of the presidential elections in accordance with international
standards. He also applauds its staff ’s sustained efforts to increase security and
strengthen respect for human rights in Côte d’Ivoire. It is gratifying to see that the
Security Council, by its resolution 2226 (2015), extended the mandate of UNOCI until
30 June 2016 while it proceeds to downsize. The Independent Expert would like to
reiterate the recommendation that he made in his preceding report (see A/HRC/29/49,
para. 104), since he believes that the withdrawal of UNOCI from Côte d ’Ivoire should
be conducted in a manner that will enable the country to maintain the ground it has
gained in terms of economic and human development and to continue confidently
along that path.
VII. Conclusions and recommendations
A. Conclusions
84. In the opinion of most of the national and international observers who were
present at the elections, Côte d’Ivoire succeeded in holding presidential elections
that were not marred by violence and that conformed to international standards.
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As a result, for the first time in two decades, the country is capable of dealing
with the challenges that it must overcome in order to further its economic and
human development. The main such challenges are to consolidate the national
reconciliation process on the basis of an even-handed administration of justice
and to maintain peace and security. The objective of the observations and
recommendations made by the Independent Expert, the Human Rights Council in
the course of the universal periodic review and the Human Rights Committee of
the United Nations is to accompany the country along that path. This necessarily
entails the country’s fulfilment of its international human rights commitments.
The recent adoption of a strategy for monitoring the action taken pursuant to
those recommendations is an encouraging sign, and the progress made and the
results achieved under that strategy will be followed with interest.
B. Recommendations
85. The Independent Expert recommends that the Ivorian authorities take the
following actions in order to strengthen the rule of law:
(a) Continue with the national dialogue with a view to including all
political schools of thought as fully as possible in the democratic process;
(b) Build the capacity of the Independent Electoral Commission so that it
is in the best possible position to organize the forthcoming legislative and local
elections;
(c) Take advantage of the planned constitutional reform effort to
consolidate the rule of law by, inter alia, strengthening the independence of the
judiciary and raising the National Human Rights Commission of Côte d’Ivoire to
the rank of an independent constitutional institution endowed with the necessary
means to fulfil its mission.
86. The Independent Expert recommends that the Ivorian authorities take the
following actions in order to reinforce the reconciliation process:
(a) Draw all the useful conclusions possible from the presidential election
results and utilize them to consolidate the reconciliation process;
(b) Make the report and recommendations of the Dialogue, Truth and
Reconciliation Commission public as a means of reinforcing the reconciliation
process;
(c) Continue to strike a balance in terms of the prosecution of members of
the two camps who are believed to have committed human rights violations with a
view to providing the most effective means possible of healing the wounds caused
by the series of crises that have occurred in the country since 19 September 2002;
(d) Continue to build the capacity of the justice system so that the
investigations can proceed at a good pace and trials can take place within a
reasonable time period;
(e) Build the material and human capacity of the office in charge of
conducting exhumations;
(f) Adopt and promulgate a law which defines the concept of a victim of
the post-election violence and the concept of redress and a law on witness and
victim protection;
(g) Clarify how the roles of the National Commission on Reconciliation
and Compensation for Victims and of the National Programme for Social
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Cohesion relate to one another in order to smooth the way for the provision of
redress;
(h) Build a bridge between the pilot phase of the reparation process and
the overall strategy for providing victims with redress.
87. The Independent Expert recommends that the Ivorian authorities take the
following actions in order to improve prison conditions:
(a) Act in accordance with international standards governing arrests and
custody. Persons taken into custody should be held in a known, legally registered
location and should enjoy all their rights (including the right to have the
assistance of a lawyer and the right to be brought promptly before a judge);
(b) Proceed with prison reform efforts with all due diligence;
(c) Promptly put an end, by lawful means, to the tyranny exercised by
certain prison bosses over the rest of the prison population in the Abidjan
Detention and Correctional Centre;
(d) Relocate the Juvenile Observation Centre that is currently sited within
the Abidjan Detention and Correctional Centre as quickly as possible;
(e) Take steps to ensure that all minors who are in custody are in all cases
held separately from adult prisoners, regardless of the stage of the legal
proceedings concerned;
(f) Take steps to ensure, under the supervision of the justice system, that
the rights of the children housed in the Dabou Centre are upheld;
(g) Protect the children known as “talibés” from all forms of exploitation.
88. The Independent Expert recommends that the Ivorian authorities take the
following actions with respect to the advancement of women:
(a) Pass the bill designed to provide women with equal opportunities to
take up public office and promulgate that law without delay;
(b) Amend the Code of Criminal Procedure and the Criminal Code to
include a clear definition of rape that specifies all of the constituent elements of
the offence and continue to combat all forms of violence against women by, inter
alia, working to heighten awareness of this problem and to ensure that
perpetrators of rape and violence against women do not go unpunished;
(c) Continue to address the problem of early pregnancies among students
and early marriage;
(d) Continue to conduct campaigns to heighten awareness of
discrimination and violence against women.
89. The Independent Expert recommends that the international community take
the following actions:
(a) Continue to assist Côte d’Ivoire to consolidate peace and its national
reconciliation process;
(b) Assist Côte d’Ivoire to build the capacity of its justice system and to
upgrade its correctional facilities, particularly its custodial facilities and facilities
for the rehabilitation of minors;
(c) Assist Côte d’Ivoire to protect children and promote the advancement
of women;
23/23 GE.16-00901
(d) Contribute to funds to be used to provide redress to victims of post-
election crises.
90. The Independent Expert wishes to reaffirm the importance of maintaining
the UNOCI mission until the achievements of Côte d’Ivoire in terms of security
and progress towards greater respect for human rights are properly consolidated.