Original HRC document

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Document Type: Final Report

Date: 2017 May

Session: 35th Regular Session (2017 Jun)

Agenda Item: Item10: Technical assistance and capacity-building

GE.17-08076 (E) 120617 120617



Human Rights Council Thirty-fifth session

6-23 June 2017

Agenda item 10

Technical assistance and capacity-building

Report of the Independent Expert on the enhancement of capacity-building and technical cooperation with Côte dIvoire in the field of human rights*

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the Independent Expert on the enhancement of capacity-building and technical cooperation

with Côte d’Ivoire in the field of human rights, Mohammed Ayat.

The report provides an account of the fifth visit by the Independent Expert to Côte

d’Ivoire from 10 to 17 January 2017 and covers the period from 28 May 2016 to 15 April

2017. It sets out the present status of the recommendations made in the reports on previous

missions. The Independent Expert emphasizes that his visit also enabled him to continue a

dialogue with the authorities of Côte d’Ivoire on their needs for the enhancement of

capacity-building in the field of the protection and promotion of human rights.

The mission coincided with the entry into force of a number of amendments to the

Constitution, which were adopted by referendum on 30 October 2016, and particularly the

appointment of the Vice-President of the Republic. It also coincided with a ministerial

reshuffle. The Independent Expert was, nonetheless, able to meet representatives of the

Ivorian authorities, and, in particular, the Minister of Justice, the Minister of Human Rights

and Civil Liberties and the Minister of Women, Child Protection and Solidarity, formerly

the Minister of Solidarity, Social Cohesion and Compensation of Victims.

The Independent Expert also held meetings with the Chair of the National Human

Rights Commission of Côte d’Ivoire, the Chair of the Independent Electoral Commission,

the Vice-Chair of the National Commission for Reconciliation and Compensation of

Victims and the Ombudsman of the Republic. He met senior judges, including the

Prosecutor General of Abidjan Court of Appeal and the government prosecutor of the

Abidjan court of major jurisdiction responsible for coordination with the special

investigation unit. He also held discussions at a number of meetings with representatives of

civil society, including human rights non-governmental organizations (NGOs) and victims’

associations. In addition, he paid a follow-up visit to the Juvenile Observation Centre.

Furthermore, the Independent Expert held a meeting with the Special Representative

of the Secretary-General for Côte d’Ivoire and with representatives of the United Nations

* The present report was submitted late in order to reflect the most recent developments.

United Nations A/HRC/35/43

General Assembly Distr.: General 19 May 2017

English

Original: French

2 GE.17-08076

specialized agencies present in Côte d’Ivoire. Lastly, he had the opportunity to hold an

exchange of views with the diplomatic corps at a meeting for diplomats accredited in Côte

d’Ivoire and to hear their thoughts on the present state of the country.

The Independent Expert wishes to thank the Ivorian authorities for having agreed to

welcome him to Côte d’Ivoire and for their open and sincere cooperation. He also wishes to

express his gratitude to all those whom he was able to meet in order to gather useful

information and discuss issues relating to his mission.

Lastly, the Independent Expert would like to extend his warm thanks to the United

Nations operation in Côte d’Ivoire and the Office of the United Nations High

Commissioner for Human Rights for their valuable technical and logistical support.

GE.17-08076 3

Report of the Independent Expert on the enhancement of capacity-building and technical cooperation with Côte dIvoire in the field of human rights

Contents

Page

I. Introduction ................................................................................................................................... 4

II. General situation in the country .................................................................................................... 4

A. Economic situation ............................................................................................................... 4

B. Security situation .................................................................................................................. 4

C. Political situation .................................................................................................................. 5

III. Status of human rights institutions ................................................................................................ 6

A. Ministry of Human Rights and Civil Liberties ..................................................................... 6

B. Ministry of Solidarity, Social Cohesion and Compensation of Victims ............................... 6

C. National Human Rights Commission of Côte d’Ivoire ......................................................... 7

IV. Human rights situation .................................................................................................................. 8

V. Transitional justice and national reconciliation ............................................................................. 9

A. Dialogue, Truth and Reconciliation Commission ................................................................. 9

B. Criminal justice ..................................................................................................................... 10

C. Military justice ...................................................................................................................... 11

D. Abidjan Detention and Correctional Centre.......................................................................... 11

VI. Situation of children in conflict with the law ................................................................................ 12

VII. Constitutional and legislative reforms ........................................................................................... 13

VIII. Conclusion and recommendations ................................................................................................. 14

A. Conclusion ............................................................................................................................ 14

B. Recommendations ................................................................................................................. 16

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I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 32/30,

adopted on 26 June 2016, in which the Council requested the Independent Expert to present

a report and his final recommendations at its thirty-fifth session. The report covers the

period from 28 May 2016 to 15 April 2017 and is the outcome of the Independent Expert’s

fifth visit to Côte d’Ivoire, which took place from 10 to 17 January 2017.

2. The present report is issued in the particular context of the imminent and definitive

withdrawal of the United Nations Operation in Côte d’Ivoire (UNOCI). This mission began

13 years ago, on 4 April 2004, under Security Council resolution 1528 (2004) of 27

February 2004 and will end on 30 June 2017, under Security Council resolution 2284

(2016) of 28 April 2016. The departure of the mission poses a major challenge with regard

to the need to consolidate the considerable achievements made in Côte d’Ivoire in a number

of areas, including national reconciliation and social cohesion; the promotion and

protection of human rights; the reform of the defence, security and law-enforcement

sectors; the demobilization, disarming and reintegration of former combatants; the

management of weapons and civilian disarmament; and communication.

3. These achievements are, first and foremost, the achievements of all Ivorians, who

have actively contributed to bringing them about with the support of the international

community. In that regard, the Independent Expert wishes to stress that the international

community should continue to support Côte d’Ivoire in its efforts to bring about a

satisfactory transition towards the full resumption of its rightful role as the protector and

promoter of human rights in its territory. Specifically, this includes both safeguarding and

consolidating the achievements of a United Nations mission that has largely been

successful, in order to prevent any risk of the situation deteriorating following the departure

of UNOCI. This departure, while necessary, could turn out to be premature in the light of

the evolving situation in the country.

4. The mission of the Independent Expert, who was appointed by the Human Rights

Council to support Côte d’Ivoire in the areas of capacity-building and technical

cooperation, also ends in June 2017, coinciding with the final departure of UNOCI.

II. General situation in the country

A. Economic situation

5. Côte d’Ivoire has continued to make economic and social progress. This is a very

positive and hopeful development. Since 2012, the average annual economic growth rates

have been close to double figures. However, the situation presents significant challenges.

First, Côte d’Ivoire should strive to maintain this positive momentum by ensuring that

economic progress is accompanied by a solid foundation of social peace and political

stability. The country’s rapid expansion could be undermined by social unrest if grievances

are not addressed in good time through sustained dialogue and consultation.

6. In that regard, it must be stressed that, in order for economic progress to be

perpetuated, it is necessary for the Government to continue implementing and strengthening

a proactive economic policy that ensures that the strategy for macroeconomic development

in such fields as infrastructure, institutions and finance is accompanied by a parallel human

development in the areas of education, health and social justice, particularly for the benefit

of the most vulnerable sectors of the population.

B. Security situation

7. Although efforts to bring about national reconciliation in Côte d’Ivoire have begun

to bear fruit, the process remains a slow and fragile one. In this regard, it should be noted

that, in January 2017, increased social unrest within the armed forces and the civil service

GE.17-08076 5

unions occasionally disrupted the lives of residents, particularly in the city of Bouaké. This

reflects a certain social malaise that the Government of Côte d’Ivoire has worked to

address. If dialogue and mediation are insufficient to deal with social unrest, that unrest

could undermine advances in the area of national reconciliation and damage the security

and human rights situation in Côte d’Ivoire. It is essential that the international community

should continue to support Côte d’Ivoire in order to strengthen its security and stability.

8. Alarmed by the tension caused by social unrest, the Independent Expert issued a

press release on 20 January 2017, following his fifth mission, in which he invited all

partners to continue calmly engaging in dialogue, making use of mediation and retaining a

sense of responsibility. Although the restoration of calm demonstrates the sound

negotiating ability of the Government of Côte d’Ivoire, the Independent Expert stresses the

importance of remaining vigilant and encourages the Government to adopt a proactive

approach to ensure that action is taken before social tensions boil over.

9. The Independent Expert wishes to emphasize that national reconciliation is critical

for the present and the future of Côte d’Ivoire. It will be very difficult to build lasting peace

and stability in Côte d’Ivoire if serious efforts are not made to heal the wounds of the past.

As the Government is fully aware, it is a question of undertaking a long, costly, sometimes

painful but utterly essential national process. In that connection, the Independent Expert

recalls that the President of the Republic, in his inaugural speech of 4 November 2015,

made national reconciliation a priority for his second term.

C. Political situation

10. The Independent Electoral Commission, as the standing constitutional body

responsible for organizing elections in Côte d’Ivoire, played a pivotal role in the

organization of the 2015 presidential elections. In 2016, it enabled the constitutional

referendum of 30 October and the legislative elections of 18 December to take place under

peaceful, inclusive conditions. Local elections are due to take place in 2018, when the

current mandates of locally elected officials will come to an end.

11. The fact that three elections could be held in free and transparent conditions reflects

well on the Independent Electoral Commission. The legislative elections enabled deputies

to be elected in 253 of the 255 vacant seats, the Constitutional Council having requested

that elections should be held again in two constituencies. It should be noted that the branch

of the Front populaire ivoirien (Ivorian Popular Front) that agreed to participate in the

legislative elections went on to win three seats in Parliament, including one for its Secretary

General.

12. The composition of the Independent Electoral Commission was established

following a long process of dialogue and conciliation that enabled a balance to be struck

between the majority party and the opposition. This institution represents a step forward in

the establishment of dialogue between the various political parties that agree to subscribe to

it. On 7 July 2014, however, an Ivorian NGO filed an application with the African Court on

Human and Peoples’ Rights asking it to order the Government to reform Act No. 2014-335

of 5 June 2014 on the organization, composition, powers and functioning of the

Independent Electoral Commission. The Court’s decision, which was issued on 18

November 2016, granted the NGO’s application and ordered Côte d’Ivoire to reform its law

and report back to it within one year.

13. The implementation of the constitutional reform led to the appointment as Vice

President of the former Prime Minister Daniel Kablan Duncan in January 2017. With

regard to gender parity, it should be noted that, in the new Government, 6 of the 28

ministerial posts that have been filled are held by women.

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III. Status of human rights institutions

A. Ministry of Human Rights and Civil Liberties

14. The Ministry of Human Rights and Civil Liberties, which was established in January

2016 as an independent entity, was merged with the Ministry of Justice in January 2017.

While recognizing that the Ivorian State has the sovereign right to organize its Government

in accordance with its new Constitution, domestic law and any priorities and constraints

associated with the budgets allocated to institutions, the Independent Expert believes that

the creation of a ministry solely devoted to the protection and promotion of human rights in

Côte d’Ivoire had an important symbolic value, which is undermined when responsibility

for monitoring human rights issues is given to another ministry that already has very

demanding responsibilities.

15. However, it is worth highlighting the significant legacy left by the former Ministry

of Human Rights in the activities undertaken in 2016 and set out in the workplan drawn up

for 2017. The Independent Expert encourages the Ministry of Justice, Human Rights and

Civil Liberties to integrate the workplan, which focuses on protection, promotion and

cooperation in the area of human rights, into its own strategies. Protection should be

extended throughout the national territory with a view to meeting the expectations of the

most vulnerable people. In order to improve the situation of detainees, regular inspections

of all places of detention should continue to be carried out and followed up by the

implementation of concrete measures. The Independent Expert also encourages the

Government to organize campaigns to raise awareness of human rights, in particular

through the “human rights caravans” and the human rights clubs established in schools. In

addition, he invites the Ivorian authorities to continue the initiatives launched by the then

Ministry of Human Rights and Civil Liberties in the area of international cooperation and

interaction with the international human rights mechanisms and ensure that the

recommendations emanating from the universal periodic review are implemented and

followed up.

16. During his visit in January 2017, the Independent Expert also noted the need to

strengthen collaboration between the Ministry of Justice, Human Rights and Civil Liberties

and the National Human Rights Commission of Côte d’Ivoire, with due regard for the

technical and financial independence of the latter institution, in order to monitor activities

undertaken to protect and promote human rights.

B. Ministry of Solidarity, Social Cohesion and Compensation of Victims

17. Transitional justice also involves attending to the victims of the crises that Côte

d’Ivoire has suffered and, more broadly, strengthening social cohesion. In January 2016,

the National Programme for Social Cohesion was upgraded to become the Ministry of

Solidarity, Social Cohesion and Compensation of Victims. The cabinet reshuffle of January

2017 assigned the powers of this ministry to the Ministry of Women, Child Protection and

Solidarity.

18. For one year, the Ministry of Solidarity, Social Cohesion and Compensation of

Victims was active in various ways to bring a measure of calm to social relations among

Ivorians. It encouraged Ivorian refugees to return to Côte d’Ivoire by opening an

information point for receiving and assisting returnees. Most of the Ministry’s activities

were supported by UNOCI.

19. In order to put an end to intercommunal tensions, which were sometimes

accompanied by violence, the Ministry of Solidarity, Social Cohesion and Compensation of

Victims continuously monitored hotbeds of tension, organizing visits to the Bouna region

and organizing an intercommunal dialogue in December 2016. The Ministry also monitored

the development of intercommunal tensions in Bédiala that arose from conflicts between

border communities in Côte d’Ivoire and Mali and were fuelled by disputes over rural land

ownership and struggles over the control of chiefdoms. In Bouaké, other recent tensions

GE.17-08076 7

caused by the rise in electricity prices were defused when the Ministry of Energy

intervened.

20. In 2016, the Ministry of Solidarity, Social Cohesion and Compensation of Victims

also facilitated the relocation of populations living in the protected nature reserve of Mount

Péko. According to the authorities, the relocation took place peacefully. The Government is

currently looking for ways of resettling internally displaced persons (90 per cent of such

persons are reported to be of foreign origin and 30 per cent of these would like to return to

their country of origin) by identifying cultivable plots of land available for those wishing to

stay in Côte d’Ivoire.

21. With regard to the compensation of victims of the crises in Côte d’Ivoire, the

Ministry of Solidarity, Social Cohesion and Compensation of Victims received from the

Head of State, on 19 April 2016, the final report of the National Commission for

Reconciliation and Compensation of Victims, with instructions to publish and implement

its recommendations. In its report, the Committee set out a national reparation plan,

identifying 316,954 victims. The Ministry launched the pilot stage of the compensation

process for 4,500 victims, who comprise 3,500 persons entitled to receive compensation

and 1,000 persons with injuries who are to be given medical and psychological care. This

stage of the process is not yet complete.

22. The Independent Expert welcomes the efforts made by the Ministry of Solidarity,

Social Cohesion and Compensation of Victims and encourages the Ministry of Women,

Child Protection and Solidarity, which took over the responsibilities of the former

following the cabinet reshuffle in January 2017, to continue the efforts undertaken and

consolidate social peace. However, he notes that, to date, no legal text gives a clear

definition of a victim of the crises that took place in Côte d’Ivoire, despite the fact that such

a definition is discussed in the final report of the Dialogue, Truth and Reconciliation

Commission.

23. Victims’ associations report that victims are feeling increasingly impatient and

frustrated. Despite the efforts made by the National Commission for Reconciliation and

Compensation of Victims, some victims do not seem to have been identified. The

Independent Expert wishes to reiterate the importance of establishing an appropriate way of

enabling all victims not yet identified to register. Furthermore, persons who wish to

ascertain whether or not they are on the official list of victims should be able to do so

through a consultation process that respects victims’ anonymity. In addition, some victims

have complained of the interference of intermediaries who claim that, in return for a

commission, they will use their influence with the Government to help victims obtain

compensation from the funds set aside for reparation. The Independent Expert believes that

these complaints should be heard and that investigations should be carried out.

C. National Human Rights Commission of Côte dIvoire

24. The Independent Expert once again wishes to stress the importance of the role of the

National Human Rights Commission of Côte d’Ivoire in protecting and promoting human

rights in Côte d’Ivoire. The departure of UNOCI and the end of the Independent Expert’s

mission in June 2017 further reinforce the need for it to carry out this role. As for its

activities, the Commission has drawn up a strategic document on its functioning, its

mandate and the communication side of its work. In 2016, the document was submitted to

its financial partners and will be submitted to the United Nations country team.

25. The Independent Expert has noted that the Commission’s activities are becoming

more dynamic and visible. He welcomes and encourages this positive trend and commends

the fact that 31 regional commissions are now up and running.

26. In 2016, the Commission registered 310 appeals, as against only 75 the previous

year. Its visibility has progressively increased, largely owing to the support provided by

UNOCI, which has helped to train regional commissioners in monitoring respect for human

rights and information gathering.

8 GE.17-08076

27. The Commission has deployed observers on the ground to ensure that civil and

political rights are upheld during elections and referendums. It has noted that the

representation of women candidates in legislative elections remains very low: out of 255

deputies, 27 are women.

28. In the area of sexual and gender-based violence, the Commission has established a

mechanism for coordinating with the armed forces of Côte d’Ivoire to document violations

committed by the military. This monitoring mechanism meets every month to review the

situation on the ground. The documenting of identified cases has made it possible for

appropriate measures to be taken against perpetrators and sanctions to be imposed.

29. In 2016, the Commission became involved in a number of areas, including: (a) the

protection of children in conflict with the law; (b) the monitoring of violations committed

by the armed forces (which should be extended to the police and the gendarmerie); (c) the

monitoring of important trials concerning national reconciliation; (d) the situation of

persons with disabilities; and (e) land conflicts and their impact.

30. It should be noted that the Commission has agreed to coordinate the West African

Economic and Monetary Union’s network of national human rights institutions, which will

share information and experiences and address regional issues, including immigration and

terrorism. Côte d’Ivoire has been chosen to chair the network and host its headquarters.

31. The Independent Expert has also learned that the Commission has established a

human rights award to promote and raise awareness of the importance of human rights. The

chosen theme is mine management, which has given rise to numerous violations of labour

and environmental law.

32. In November 2016, the Commission submitted its annual report for 2015 to the

Head of State. The report, which was subsequently published and distributed to all parts of

the country, focused on the holding of elections, the situation of children in conflict with

the law, education for all, the compensation of victims, terrorism, prolonged pretrial

detentions, working conditions in companies, the right to health, violence within

universities and environmental protection.

IV. Human rights situation

33. During the reporting period, the UNOCI Human Rights Division documented 89

cases of human rights violations, including 13 violations of the right to life directed against

31 persons, 4 of whom were women; 24 violations of the right to physical integrity directed

against 25 persons, including 2 women; 33 cases of unlawful and arbitrary arrest and

detention directed against 188 persons, including 1 woman; 3 violations of the right of

peaceful assembly; and 15 violations of property rights. Only one alleged perpetrator in

these cases has been convicted and sentenced to 3 years’ imprisonment, while two others

have been arrested and remain in pretrial detention.

34. During the same period, the UNOCI Human Rights Division also investigated

human rights violations committed during intercommunal violence in Bouna in March

2016. The Division established the facts concerning the deaths of at least 27 people,

including 4 women and 2 boys. The perpetrators of those acts were reported to be dozos,

while the majority of the victims allegedly belonged to the Fula, Kulango and Malinke

ethnic groups. To date, at least 117 people, mainly dozos, have been arrested, while over 30

have been released either on bail or after serving sentences for minor offences such as theft

and receiving stolen goods. The criminal investigations are ongoing.

35. UNOCI has documented a total of 34 cases of sexual violence, of which 25 were

cases of rape and 9 involved other forms of sexual and gender-based violence, including

two forced marriages and two cases of female genital mutilation perpetrated against 14 girls

and one woman. At least 23 alleged perpetrators have been arrested; 9 have been tried and

sentenced to prison terms ranging from 1 month to 5 years.

36. On 3 June, President Ouattara signed a decree on the establishment of a national

committee to combat conflict-related sexual violence. Under the leadership of the President,

GE.17-08076 9

the committee is mandated to coordinate the Government’s efforts to prevent and respond

to such violence.

37. On 11 July, UNOCI and the Office of the United Nations High Commissioner for

Human Rights issued a joint report on rape and the punishment of rape in Côte d’Ivoire.

This report presents an analysis of the main patterns identified in respect of the rapes and

attempted rapes committed in Côte d’Ivoire between 1 January 2012 and 31 December

2015, the status of legal proceedings against alleged perpetrators of rape and attempted rape

during this period and the obstacles to prosecuting perpetrators. The Government’s

response has been swift and constructive. On 13 July 2016, two days after the publication

of the report, the Minister of Justice issued a circular on the prosecution of rape to all those

working in the justice system under his authority. In the circular, he requested that they stop

reclassifying cases of rape as indecent assault and asked the judicial authorities to ensure

that investigations were undertaken, including in cases where out-of-court settlements had

been agreed on between the parties or the complaint had been withdrawn. The Independent

Expert welcomes these positive developments and hopes that all those working in the

criminal justice system will respond to them constructively.

38. A number of new constitutional provisions, adopted in November 2016 and

mentioned later in this report, address the challenge of ratifying the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment and the Optional Protocol to the International Covenant on Civil and Political

Rights. The new provisions also address the need to establish, at the national level, one or

several visiting bodies responsible for preventing torture and other cruel, inhuman or

degrading treatment or punishment, to act as the national preventive mechanism. In that

connection, the Independent Expert welcomes the fact that the Ombudsman of the Republic

of Côte d’Ivoire took the initiative to organize a seminar at which African mediators could

consider the problem of torture and participate more fully in the fight against that practice

in Africa. The seminar took place from 27 February to 1 March 2017.

39. During his visit in January, the Independent Expert was able to meet representatives

of human rights organizations, the unfailing vitality of which he noted. These organizations,

which all work closely with the National Human Rights Commission of Côte d’Ivoire,

focus their efforts on the protection and promotion of women’s and children’s rights, in

particular the fight against early marriage and the exploitation of girls in domestic work, the

registration of births, girls’ literacy levels and a higher level of representation of women in

decision-making and local government. The Independent Expert also welcomes the efforts

made to protect the rights of persons with albinism and to combat discrimination in access

to education and employment. Concerns over networks of migrant smugglers based in Côte

d’Ivoire also raise a number of questions about civil society and reflect the need for further

investigation into the causes of migration and trafficking in persons and migrants.

V. Transitional justice and national reconciliation

A. Dialogue, Truth and Reconciliation Commission

40. The Independent Expert welcomes the publication, in October 2016, of the report of

the Dialogue, Truth and Reconciliation Commission and encourages activities to raise

awareness of its content at a national level. The report, which was two years overdue,

summarizes the root causes of the crisis in Côte d’Ivoire, highlighting the issue of land

ownership, shortcomings in the democratic process, the lack of justice and security,

poverty, gender inequality, the poor functioning of the education system and the failings of

the media. Alongside more general observations, the fourth part of the report contains

specific recommendations on each of the root causes of the crisis and the criteria governing

reparation.

41. At a political level, the report contained the following recommendations: (a) days of

remembrance and forgiveness should be held, on which persons who know that they bear

some responsibility, including moral responsibility, for the occurrence of the main crises,

and who are willing to do so, can ask the nation for forgiveness; (b) dialogue days, initiated

10 GE.17-08076

by the President, should be held in order to bring together political parties, civil society

organizations, religious groups and traditional leaders; and (c) remissions that stop short of

a general amnesty should be granted to the perpetrators of violations committed during

political conflicts, in the interests of fostering social peace.

42. In that regard, the Independent Expert stresses that, in cases of serious violations of

human rights and international humanitarian law, justice should always have its say before

measures that might be needed to bring about social healing are taken. He reiterates that the

balanced exercise of justice for all parties involved in the violent conflicts in Côte d’Ivoire,

delivered in accordance with the guarantees of a fair trial, forms an integral part of

measures for social healing.

B. Criminal justice

43. The proceedings in connection with the post-electoral crisis are still in progress. Of

the 17 pending cases, 12 have already been transmitted to the Indictment Division and 5 are

still under investigation. According to statistics dating from 5 December 2016, 31 out of 66

cases (67 cases were mentioned in the previous report) have been tried (6 more than in the

previous report), 29 cases have been brought before the Indictment Division and 6 cases are

currently before the Court of Appeal. Persons charged with an offence and accused persons

are no longer remanded in custody, with a view to encouraging pretrial release, satisfying

the requirements of reconciliation and avoiding prison overcrowding. However, in order to

ensure that accused persons appear before the courts, warrants of commitment are issued 10

days before trials begin, which means that, when they appear in court, such persons should

be in detention.

44. The Independent Expert has been informed that the case of Nahibly camp is still

before the tenth investigations office and is about to be referred to the Indictment Division.

Following the exhumations that took place in relation to this case, 53 bodies have been

identified and their families have been traced. The death certificates have been drawn up.

The Government should now mobilize sufficient resources to organize an official ceremony

for the purpose of returning the bodies to close relatives, thereby enabling them to organize

a dignified burial of the deceased and truly begin their mourning.

45. The trial of Simone Gbagbo, who is accused of committing crimes against humanity

during the 2010-2011 post-electoral crisis, began in late May 2016. In October 2016, the

defence lawyers withdrew from the trial when the assize court refused to call witnesses,

including several former and current political figures, in support of their client. In theory,

the President of the assize court may, at his discretion, take any measure required to

establish the truth, including the summoning of witnesses proposed by the defence, as

stipulated by article 310 of the Code of Criminal Procedure of Côte d’Ivoire. The court then

appointed other lawyers to represent the accused. However, these lawyers also withdrew a

few days after the hearings resumed on 21 February 2017. The accused was acquitted on 18

March 2017.

46. The Independent Expert considers this decision to be an important milestone in the

building of reconciliation in Côte d’Ivoire, as it shows that the Ivorian judicial system does

not systematically find against all supporters of the former President of Côte d’Ivoire.

However, the accused will remain in prison because she has already been sentenced to 20

years’ imprisonment in a different trial for breaching State security. Furthermore, the

acquittal of Ms. Gbagbo by the assize court of Abidjan does not, in principle, affect the

proceedings currently taking place before the International Criminal Court, where the

former first lady is also being prosecuted for crimes against humanity. While being fully

aware of the difficulty of the task at hand, the Independent Expert would once again like to

point out that, to date, neither the national nor the international justice system has

demonstrated that it is determined to pursue with equal persistence all the parties

responsible for the violent crises suffered in Côte d’Ivoire. This remains a prerequisite for

lasting national reconciliation.

47. The Independent Expert has learned that the case concerning the terrorist attacks in

Grand-Bassam has come before the Indictment Division. In the fight against terrorism, Côte

GE.17-08076 11

d’Ivoire has cooperated with partner States to establish conditions in which it can apply for

and enforce rogatory commissions. Another suspect in this case was arrested in early

January 2017.

48. With regard to the issue of toxic waste, the Independent Expert has learned of the

court’s decision to hand down several sentences but is concerned that they have not been

accompanied by any warrant of commitment, which means that the persons convicted are

allowed to remain at liberty.

C. Military justice

49. The report on the military justice system for 2016 has been made available to the

Independent Expert. It describes current proceedings and completed cases relating to the

disproportionate use of armed force, attacks on civilians by the defence forces and sexual

violence. The Independent Expert has taken note of the sanctions imposed on perpetrators

of violence by the military court.

50. The Independent Expert also recalls that a mechanism for monitoring human rights

violations committed by members of the Republican Forces of Côte d’Ivoire was

established in 2015. This mechanism, which was initially run as a joint operation by

UNOCI and the armed forces of Côte d’Ivoire, was extended to include the National

Human Rights Commission of Côte d’Ivoire and then taken over by it. The Independent

Expert notes with satisfaction that this mechanism still exists and continues to meet on a

monthly basis.

51. The Independent Expert has learned that training, awareness-raising and high-level

advocacy activities are carried out with the military to eradicate violence and sexual abuse.

The persons in charge of the monitoring mechanism have highlighted the initial and in-

service training needed to raise awareness of issues concerning the protection of the

population and the need to broaden the range of subjects addressed to include citizenship,

civics and military leadership. The activities undertaken by the mechanism have received

significant support from the United Nations system and, to date, the results have been

positive.

52. In June 2016, a decree establishing a national committee to combat conflict-related

sexual violence was adopted. This committee, which is chaired by the President of the

Republic, takes the form of a board comprising representatives of key ministries and a

group of experts. The group of experts is responsible for drawing up an action plan,

accompanied by a budget for the committee. During his visit, the Independent Expert noted

the committee’s intention to create a database of cases of sexual violence committed by

members of the security forces (the army, police, gendarmerie, customs officials, and water

and forestry authorities).

53. With regard to the more general question of the need to raise the moral and

professional standards of the armed forces, the adoption of a charter of ethics and a code of

military conduct is still pending. A new law on military planning for 2016-2020 has been

adopted and a draft decree on the status of military judges is due to be signed by the

Government, and specifically by the Ministry of Defence and the Ministry of Justice. This

new status would give greater independence and authority to military judges in exercising

their functions. The decree also provides for the establishment of an independent special

commission responsible for the monitoring and career progression of military judges. The

Independent Expert notes that appropriate training in the areas of citizenship and human

rights would make the armed forces more aware of their role in protecting the stability and

security of the country, thus enabling that stability and security to flourish in optimal

conditions, and of their vital role in protecting the civilian population.

D. Abidjan Detention and Correctional Centre

54. The prisons of Côte d’Ivoire, including the Abidjan Detention and Correctional

Centre, continue to suffer from dilapidation and overcrowding. With the support of the

12 GE.17-08076

State’s technical and financial partners, however, the move to renovate places of detention

continues, as does the search for additional funding to build new prison facilities. The need

to build women’s prisons and education centres for minors has been brought to the attention

of the President of the Republic and cooperation partners have already been approached in

that connection.

55. The Independent Expert wishes to emphasize that serious thought must be given to

the main causes of prison overcrowding, including the frequent use of pretrial detention. In

particular, he encourages the authorities to reflect on criminal policy and the use of pretrial

detention, which could be regarded as an exceptional measure that judges consider only

when a careful assessment suggests that there is a serious risk to the proper conduct of

criminal proceedings.

VI. Situation of children in conflict with the law

56. During his mission in January 2017, the Independent Expert carried out a follow-up

visit to the Abidjan Juvenile Observation Centre. At the time of his visit, the Centre housed

77 boys and 6 girls. Although the girls continue to be detained with women, during the

daytime they are able to participate in activities organized in the Centre, including a literacy

programme. There have been improvements in the management of the Centre, especially as

regards the supply of water to the building, the provision of three meals a day and the

reorganization of a number of educational workshops, including market gardening,

carpentry and sewing. Every week, a number of NGOs provide support in the form of better

meals, additional food supplies and trainers to run educational workshops. Other successful

initiatives include the renovation of the premises and the provision of psychosocial support.

57. The length of time that minors are under observation has been reduced, thanks to

better coordination between the judicial protection services for children and the

Observation Centre. Similarly, coordination between socioeducational centres and child

protection associations and NGOs has been improved, so that, when children leave the

Centre, they can continue training to improve their social and professional prospects if they

so wish, for example at the Abel Centre in Grand-Bassam or the programme run by the

Amigo Foundation in Yopougon. The Independent Expert wishes to commend the role

played by civil society, with the support of technical and financial partners, which together

have actively contributed to bringing about these improvements. He hopes that such

appreciation of their activities will encourage them to continue to provide support that is

ever more responsive to the needs and best interests of the children.

58. Despite the general improvements at the Observation Centre, it should not be

forgotten that it is still located on the premises of the Abidjan Detention and Correctional

Centre, a prison meant to house only adults. In the Independent Expert’s view, the

Observation Centre should be moved to appropriate premises that are entirely separate from

the main prison, so as to adhere strictly to the principle of the separation of children and

adults in detention, irrespective of the legal nature of their detention and the stage in their

sentence that they have reached, but also to promote educational measures and to comply

with the requirements of the principle of the best interests of the child.

59. It is also a matter of concern that minors on remand continue to be detained with

adults at the prison. Actually, the relocation of the Observation Centre away from the

prison would make it possible for the empty buildings to be used to accommodate minors

on remand and thus keep them separate from adult detainees, at the same time allowing

them closer contact with juvenile court judges. The Independent Expert is of the view that

these measures are urgent and should be implemented without delay. At the time of his

visit, he was informed that 84 minors who were on remand, including 4 girls, were being

held with adults.

60. The judicial protection services for children and young people, which began

operations in January 2016 in Yopougon, Abidjan, Man and Bouaké, are continuing their

work (see the report of the Independent Expert’s fourth visit) and have been extended to the

town of Daloa. The aims of the services are to support juvenile court judges in making

decisions in civil and criminal cases and to ensure that social and educational factors are

GE.17-08076 13

taken into account in the decisions reached by juvenile court judges as part of a process

whose fundamental objective, in criminal cases, must be rehabilitation rather than

punishment. The Independent Expert notes that the establishment of these facilities

constitutes remarkable progress in the handling of cases of minors in conflict with the law,

despite some shortcomings in the monitoring of such cases, including those of minors on

remand.

61. The Independent Expert notes that the training for professionals who deal with

minors in conflict with the law was updated in 2016 and new working methods were

adopted by all those already working in the field. He welcomes the progress made in the

approach to justice for minors in conflict with the law and encourages the Ivorian

authorities to continue to fine-tune their training programmes. He recommends that the

judicial protection services for children and young people should gradually be rolled out to

all jurisdictions in Côte d’Ivoire. Lastly, the Independent Expert notes that, in 2016, a

policy for the legal protection of children was finalized, which, once adopted, should pave

the way for innovations such as the promotion of alternative measures to deprivation of

liberty and the prioritization of educational measures.

62. The situation of juveniles in conflict with the law is also central to the interests of

the National Human Rights Commission of Côte d’Ivoire. The Commission has organized

awareness-raising workshops on children’s rights and encouraged the activities of human

rights associations. It organizes monthly visits to the Juvenile Observation Centre and the

prisons in Dabou, Aboisso and Agboville. The Commission has also carried out a study of

the Observation Centre, based on a sample group of 52 minors in conflict with the law, to

determine their profile and assess the conditions of their detention. It maintains regular

contact with the director of the Observation Centre in order to review the cases of minors

and make recommendations on their progress. The Commission has set up a working group

to examine cases of minors, which remains in constant contact with bodies working in the

field of children’s rights. The Independent Expert welcomes the fact that the Commission

favours education rather than punishment with regard to children in conflict with the law.

VII. Constitutional and legislative reforms

63. On 30 October 2016, the country adopted a new Constitution inaugurating the Third

Republic. The Constitution was approved by referendum, with 93.42 per cent of votes in

favour and a participation rate of 42.42 per cent of the 6.3 million people eligible to vote.

The most significant developments were the repeal of article 35 of the previous

Constitution and the establishment of the Senate and the post of Vice-President. Article 35

of the Constitution of 2000 required that both parents of a presidential candidate should be

Ivorian. Since September 2002, that provision had provoked a series of violent political

crises that had divided the country into two rival areas. The new Constitution has removed

the potentially harmful effects of the provision and created the post of Vice-President,

ensuring the continuity and stability of the State if the post of Head of State is vacant.

64. The new Constitution has also expanded the list of human rights and public

freedoms: it reaffirms the abolition of the death penalty (art. 3); adopts the principle of

equality before the law and explicitly prohibits discrimination (art. 4); prohibits torture and

humiliating, cruel, inhuman or degrading treatment, including violence against women,

notably female genital mutilation (art. 5); prohibits human trafficking and child labour (arts.

5 and 16); strengthens the rights of persons with disabilities (arts. 32 and 33); introduces

guarantees of a fair trial (arts. 6 and 7); guarantees the right to access to information, the

right to freedom of expression and the right to freedom of conscience (arts. 18 and 19);

establishes the right to a healthy environment, prohibits the illegal storage or dumping of

toxic waste on national territory and removes the statute of limitations for the latter practice

(art. 27); and recognizes the important role of civil society as part of the expression of

democracy (art. 26). Moreover, article 113 of the new Constitution states that “legally

incorporated human rights institutions may also refer laws relating to public freedoms to the

Constitutional Council before their promulgation”. These are very commendable regulatory

developments that should be reflected in the activities of the country’s authorities and

institutions. However, the Independent Expert notes with regret that the authorities have not

14 GE.17-08076

seized the favourable opportunity offered by the reform to turn the Commission into a

constitutional institution.

65. According to information provided by the Ministry of Justice, Human Rights and

Civil Liberties, the reform of the standard legislative texts, including the Civil Code,

Criminal Code and Code of Criminal Procedure, is not yet completed but has reached a

very advanced stage. The Ministry intends to submit several texts on judicial reforms when

the parliament reconvenes. These include the reform of the assize court, the definition of

certain offences contained in the Criminal Code and the establishment of alternatives to

imprisonment for the punishment of minor offences. With regard to the revised definition

of rape, the Independent Expert emphasizes that it should provide for the protection of all

victims of sexual abuse, in line with the most comprehensive comparable national and

international jurisprudence.

66. The Independent Expert notes with satisfaction the adoption of the circular issued by

the Minister of Justice, Human Rights and Civil Liberties on 4 August 2016 on the

procedure for dealing with complaints of gender-based violence. The circular draws judges’

attention to the seriousness of rape and recommends that they should reconsider the

common practice of trying it as a minor offence.

67. The Independent Expert reiterates the urgent need to adopt a range of robust witness

protection measures in the criminal justice system. He also emphasizes that the adoption of

legislation on the protection of human rights defenders is a significant regulatory step

forward that will strengthen the role of civil society in the promotion of human rights.

However, any progress made in this regard will have its full effect only once it is

accompanied by the appropriate legal framework. On 22 February 2017, the Council of

Ministers adopted a decree implementing Act No. 2014-388 of 20 June 2014 on the

protection of human rights defenders in Côte d’Ivoire. Its registration for publication in the

Official Gazette should then lead to its effective implementation.

VIII. Conclusion and recommendations

A. Conclusion

68. The fifth and penultimate mission of the Independent Expert in Côte dIvoire

followed on from his previous missions, in accordance with his mandate to support

Côte dIvoire in moving towards greater respect for human rights and promoting

their advancement. The aim of his sixth and final mission will be to bring the

information in his possession up to date and to contribute to the interactive dialogue

with Member States of the Human Rights Council at its thirty-fifth session, to be held

in June 2017. This conclusion aims to sum up the recommendations made by the

Independent Expert pursuant to his mandate.

69. The violent crises that have punctuated the history of Côte dIvoire since 1999

have had a negative impact on the human rights situation. In general, periods of

armed conflict engender a lawlessness that weakens State structures and threatens the

social fabric, which is weakened by antagonism between the opposing sides. The

standards that normally guarantee social coexistence between individuals and groups

are eroded by waves of bigotry and intolerance. When peace returns usually a slow

and gradual process those who are minded to put the country back on track have a

long road ahead of them. The return to human and economic development must be

based on solid foundations that respect human rights.

70. The responsibility to observe and promote human rights lies with each State,

which has sovereignty over its own territory. When States accede to international

treaties for the protection and promotion of human rights, they make a commitment

alongside their peers, who can help them align themselves with international

standards. In all these respects, Côte dIvoire has, to date, shown itself to be a model

and a success, particularly following the gradual stabilization of the country in the

wake of the painful events of the electoral crisis of 2010-2011.

GE.17-08076 15

71. Currently, the people of Côte dIvoire clearly aspire to live in a peaceful

country where they can strive for a better future. The restoration of security to

government control1 is a positive step towards macroeconomic development. Such a

boost would probably not have been achieved without the support provided by

international cooperation, which, in the form of UNOCI, has been in evidence on a

daily basis for 13 consecutive years.

72. The human rights component of UNOCI consisted of 13 field offices and a

central unit based in Abidjan, which made it possible for relevant information on the

human rights situation to be reported regularly to the Security Council. The other

components of UNOCI contributed to the restoration of security, the rule of law,

social cohesion, reconciliation, the establishment of a transitional justice process and

dialogue between the parties to the conflict and political representatives. In all these

areas, many challenges have been overcome, although a number remain. This is an

encouraging sign, richly deserved by the Government and people of Côte dIvoire, but

vigilance is required in order to ensure that the country remains on the path of

progress.

73. From the beginning of his mission, the Independent Expert noted with

satisfaction that Côte dIvoire had accepted almost all of the recommendations made

by the Member States of the Human Rights Council at its universal periodic review.

Côte dIvoire has also submitted its initial report to the Human Rights Committee

(CCPR/C/CIV/1) and benefited from the dialogue with the Committee and the

ensuing concluding observations and recommendations. The Independent Expert

notes that, although the human rights development programme is a cross-cutting issue

within all public institutions in Côte dIvoire, its implementation is the particular

responsibility of the National Human Rights Commission of Côte dIvoire and now

also of the Ministry of Justice, Human Rights and Civil Liberties. The Independent

Expert welcomes the work of the two institutions and reiterates the importance of

national ownership of all human rights issues in the country and, in particular, of the

Commissions assertion of its independence and its status in accordance with the

principles relating to the status of national institutions for the promotion and

protection of human rights (Paris Principles).

74. However, the Government of Côte dIvoire must continue to pay close attention

to a number of human rights issues. The social protests that affected several regions of

the country in January 2017 make such vigilance even more important. The tensions

created by such social movements tend to show that the security situation in Côte

dIvoire remains a fragile achievement that could be quickly undermined.

75. The Independent Expert therefore considers that there are key issues to which

the Government of Côte dIvoire should give priority. These include the following:

(a) Social reconciliation: efforts made regarding redress for victims must

continue and intensify, the justice system must continue to carry out its task of

maintaining the balance of prosecutions and convictions of those responsible for the

crimes committed during the crises that Côte dIvoire has experienced in the past,

dialogue must remain a constant feature of the political landscape, and a clear vision

and strategy for transitional justice should be adopted and implemented;

(b) Land reforms: the shortcomings in the regulatory framework in this

area are a significant source of conflict and social tension that could lead to

community violence. Land reform is an area in which progress is urgently needed and

which requires support through technical cooperation. Pending the preparation and

implementation of land reforms, early warning mechanisms to detect trouble spots

1 Security Council resolution 2283 (2016) lifted the arms embargo on Côte d’Ivoire, while resolution

2284 (2016) set the end of June 2017 as the cut-off date for the mandate of UNOCI. The progress

made in the areas of security and reconciliation and the capacity of Côte d’Ivoire to maintain law and

order in its territory and manage the social tensions arising out of the violence committed in the past

provide the justification for these two resolutions.

16 GE.17-08076

should continue to play their role, so that proactive action can be taken on the basis of

constructive dialogue and effective communication with the people. These

mechanisms, developed with the assistance of UNOCI, are already operational;

(c) The ongoing reform of the security sector: action on disarmament and

on raising the professional standards of the defence and security services must

continue, in order to restrict the possession of weapons to the law-enforcement

services and ensure the protection of everyone living in Côte dIvoire.

76. The question now is how the commitments made by the international

community to Côte dIvoire can be met in such a way as to enable the country to

consolidate the progress made on human rights and to continue to promote them. In

consultation with the Government of Côte dIvoire, the United Nations country team,

the diplomatic corps and other major partners, UNOCI has developed a strategy that

should enable Côte dIvoire to take over all outstanding cases in full. This strategy is

set out in a document entitled The end of the UNOCI mandate in Côte dIvoire:

consolidating the gains of peacekeeping. A substantial part of the document deals

with strengthening social cohesion, human rights, transitional justice, defence and

security. It would be useful to highlight in this report two of the documents main

features, namely the importance of the role of the National Human Rights

Commission of Côte dIvoire in the promotion and protection of human rights and the

role of the United Nations country team in Côte dIvoire. In keeping with this

strategy, the Independent Expert would like to draw attention to the need to continue

to strengthen the role and the resources of the National Human Rights Commission of

Côte dIvoire so that it can fully assume its mandate and to the fact that the transition

period following the departure of UNOCI leaves a significant burden of cases for the

country team.

77. In these circumstances, the Independent Expert would like to invite the

Government of Côte dIvoire and the United Nations to discuss the establishment of a

temporary international focal point, to be based in Côte dIvoire, which would

coordinate the implementation of the outstanding human rights issues. The role of the

focal point would centre on building the capacity of Ivorian institutions in the

protection and promotion of human rights.

78. In his personal capacity, the Independent Expert would like to add that he is

honoured to have had the opportunity to serve the people of Côte dIvoire.

B. Recommendations

79. The Independent Expert recommends that the Ivorian authorities take the

following action to strengthen the security and stability of the country:

(a) Ensure that all Ivorians can share in the benefits of economic progress in

a participatory and inclusive manner;

(b) Continue the reform of the Ivorian army and raise its professional

standards through the adoption of a charter of ethics and a code of professional

conduct, the establishment of a mediation mechanism within the army, the

modernization of military justice and the strengthening of initial and in-service

training programmes focusing on the promotion of human rights and international

humanitarian law;

(c) Continue to support the activities of the national committee to combat

conflict-related sexual violence in maintaining its monitoring of sexual violence

committed by the national defence and security forces.

80. The Independent Expert recommends that the Ivorian authorities take the

following action in support of national reconciliation:

(a) Adopt a legal text that gives a precise definition of the concept of victim

in the context of the crises in Côte dIvoire;

GE.17-08076 17

(b) Ensure the continuity of the work of the Ministry of Solidarity, Social

Cohesion and Compensation of Victims, including the expeditious publication of the

report of the National Commission for Reconciliation and Compensation of Victims,

in order to ensure that all identified victims are aware of the report and can

participate fully in a transparent reparation and compensation process; establish a

time frame for the opening of proceedings on the various lists of victims so that they

can submit claims and corrections and enter additional information in their files;

(c) Ensure the return of displaced persons to Mont Péko or their relocation

on available cultivable plots of land and allow all refugees who wish to do so to return

to Côte dIvoire;

(d) Reaffirm the priority of criminal justice over social appeasement and

reject amnesties for crimes against humanity or war crimes, while striking a balance

between the various mechanisms of transitional justice.

81. The Independent Expert recommends that the Ivorian authorities take the

following action to strengthen the national system for the protection of human rights:

(a) Publish the decree implementing Act No. 2014-388 of 20 June 2014 on

the protection of human rights defenders in Côte dIvoire;

(b) Enhance collaboration between the Ministry of Justice, Human Rights

and Civil Liberties and the National Human Rights Commission of Côte dIvoire in

order to ensure that action is taken to protect and promote human rights, while

ensuring that the Commissions independence is fully respected;

(c) Continue to provide sufficient financial and logistical resources to

support the Commissions training needs and its independent management; support

the implementation of the Commissions programme and recommendations.

82. The Independent Expert recommends that the Ivorian authorities take the

following action to combat impunity and strengthen the rule of law:

(a) Continue to expedite legal proceedings relating to the crisis of 2010-2011

in order to seek out the truth;

(b) Monitor the implementation of judgments, including the judgment in the

toxic waste case;

(c) Continue cooperation on improving prison facilities, and in particular on

the establishment of a womens prison and educational centres for minors;

(d) Reformulate criminal policy, and in particular consider making the use

of pretrial detention a measure of last resort.

83. The Independent Expert recommends that the Ivorian authorities take the

following action to improve the situation of children, especially those in vulnerable

situations:

(a) Continue to support the improvements carried out at the Juvenile

Observation Centre by increasing the Centres budget and strengthening its

educational services;

(b) Continue to support the important role played by civil society in

improving the situation of children in conflict with the law;

(c) Take urgent measures to relocate the Juvenile Observation Centre away

from the Abidjan Detention and Correctional Centre and immediately transfer

minors who are on remand to the existing premises of the Observation Centre;

(d) Encourage the adoption of a national policy on judicial protection for

children and young people and the extension of the judicial protection services for

children and young people to all jurisdictions.

84. The Independent Expert recommends that the Ivorian authorities take the

following action with respect to constitutional and legislative reforms:

18 GE.17-08076

(a) Disseminate the Constitution widely and ensure that national institutions

are brought into line with the new constitutional provisions, particularly those

concerning the protection and promotion of human rights;

(b) Take appropriate steps to comply with the judgment of the African

Court on Human and Peoples Rights on the organization and functioning of the

Independent Electoral Commission;

(c) Review and put to a parliamentary vote the standard legislative texts;

ensure in particular that the revised definition of rape will provide for better

protection for victims;

(d) Urgently adopt a robust framework for the protection of witnesses in

criminal cases;

(e) Ratify the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional

Protocol to the International Covenant on Civil and Political Rights, the International

Convention on the Protection of the Rights of All Migrant Workers and Members of

Their Families and the International Convention for the Protection of All Persons

from Enforced Disappearance; in connection with the fight against torture, encourage

a wider national debate on the creation of a national preventive mechanism.

85. The Independent Expert encourages the international community to continue

to actively support the efforts of Côte dIvoire for the promotion of human rights and

in particular to continue to support the institutions of Côte dIvoire by agreeing on the

establishment of a temporary international focal point responsible for coordinating

action to address outstanding issues relating to the protection and promotion of

human rights.