Council holds Interactive dialogue with Independent Expert on situation of human rights in Côte d'Ivoire

Human Rights Council
MIDDAY 

11 June 2013

The Human Rights Council in a midday meeting today held an interactive dialogue with the Independent Expert on the situation of human rights in Côte d’Ivoire.

Doudou Diene, Independent Expert on the situation of human rights in Côte d’Ivoire, said that an institutional basis for the democratic reconstruction of Côte d’Ivoire was in place but deep political fragmentation and a fragile security situation remained.  The national vision must overcome partisan competition for power and the process of political dialogue must resolve challenges such as the legal status of the opposition, the reform of the Constitutional Court, the reform of the Electoral Commission, and the settlement of the question of the land.  Major challenges remained in the establishment of the justice sector, including addressing impunity for all those who had committed crimes during the conflict, and implementing recommendations issued by the Commission of Inquiry, the Human Rights Council and other human rights mechanisms. 

Côte d’Ivoire, speaking as the concerned country, said that it was grateful to the international community for the efforts undertaken to help peace return to the country.  Concerning political dialogue, there was an agreed legal framework for the functioning of political parties.  When the country had emerged from the crisis, the State had established a framework to facilitate political dialogue and ease political tension.  Regarding the security situation, an improvement had been reported in that area but many security challenges remained despite the establishment of the Authority for Disarmament.  As regards the fight against impunity and the administration of justice, a Working Group had recently been established with a view to conducting judicial inquiries into allegations of torture across the country. 

In the interactive dialogue with the Independent Expert, speakers appreciated the focus on justice and accountability as key ingredients towards reconciliation in Côte d’Ivoire and the important role to be played by the various mechanisms created to promote justice and reconciliation.  Côte d’Ivoire should establish a climate of participation and full inclusion in the political process and the international community should increase support to Côte d’Ivoire in the re-establishment of the socio-economic fabric of the society.  Further steps must be taken in addressing impunity for human rights violations regardless of their political, ethnic or tribal affiliations.  The efforts of the Government to put in place policies which aimed to reinforce the independence of the judiciary, reform laws and improve the administration of justice were welcomed.  The situation of women and children in Côte d’Ivoire remained alarming, despite progress made in that area.  In 2012 over 500 cases of rape had been reported, some of which had been committed by armed men.  The situation was the result of the silent effects of a decade of crisis, socio-cultural and institutional fractures and a failing judiciary system.    

Speaking in the interactive dialogue was the United States, Togo, European Union, Argentina, Senegal, Burkina Faso, Nigeria, France, Morocco, Algeria, United Nations International children’s Emergency Fund, Belgium and Benin.

The following non-governmental organizations also took the floor: Human Rights Watch, Amnesty International, East and Horn of Africa Human Rights Defenders Project, United Nations Watch, International Federation for Human Rights Leagues, and Comité international pour le respect et l’application de Latin America Charte Africaine des droits de l’homme et des peoples.

At 3 p.m., the Council will hold a panel discussion on common challenges facing States in their efforts to secure democracy and the rule of law.   

Documentation

The Council has before it the report of the Independent Expert on the situation of human rights in Côte d’Ivoire (A/HRC/23/38).

Presentation of the Report by the Independent Expert on the situation of human rights in Côte d’Ivoire

DOUDOU DIÈNE, Independent Expert on the situation of human rights in Côte d’Ivoire, said that an institutional basis for the democratic reconstruction of Côte d’Ivoire was in place but deep political fragmentation and a fragile security situation remained.  The national vision must overcome partisan competition for power and the process of political dialogue must resolve challenges such as the legal status of the opposition, the reform of the Constitutional Court, the reform of the Electoral Commission, and the settlement of the question of the land.  The newly created National Human Rights Commission was a step forward and the Government must take necessary measures for a better domestic application of internationally guaranteed rights, particularly in protecting the population from violence.  Justice was at the heart of the democratic process and the national reconciliation and the trust of the traumatized population in basic structures of justice must be re-established.  Major challenges remained in the establishment of the justice sector, including addressing impunity for all those who had committed crimes during the conflict, and implementing recommendations issued by the Commission of Inquiry, the Human Rights Council and other human rights mechanisms.  

The reform of the security sector was not only essential to settling economic and political challenges but was a mean to restoring the social contract that had been shattered by years of violent conflict.  A new political ethic of the politicians and the awareness of the need to stop to politicize security forces were determining factors.  The question of land must be approached holistically.  The Independent Expert called upon the international community to assist Côte d’Ivoire to rise to the challenges of reconciliation, socio-economic recovery and dialogue of peace.  The non-participation of main political opposition parties reflected the deep political fragmentation and represented risks to political solution and democracy.  The political class was at a crossroads and had to choose between the deadlock of capturing and retaining power in a partisan way or embracing the national process and vision; non-participation in the elections was not an option.

Statement by the Concerned Country

Côte d’Ivoire, speaking as the concerned country, said that it was grateful to the international community for the efforts undertaken to help peace return to the country.  Concerning political dialogue, there was an agreed legal framework for the functioning of political parties.  When the country had emerged from the crisis, the State had established a framework to facilitate political dialogue and ease political tension.  Regarding the security situation, an improvement had been reported in that area but many security challenges remained despite the establishment of the Authority for Disarmament.  As regards the fight against impunity and the administration of justice, a Working Group had recently been established with a view to conducting judicial inquiries into allegations of torture across the country.  The State was aware of the importance of protecting victims and witnesses and was currently working on the matter.  Concerning the promotion and protection of human rights, several steps had been taken, including the implementation of recommendations received from several United Nations bodies.     

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Côte d’Ivoire

United States appreciated the focus on justice and accountability as key ingredients towards reconciliation in Côte d’Ivoire and the important role to be played by the various mechanisms created to promote justice and reconciliation.  It was crucial that the thousands of abuses detailed in the report of the National Commission of Inquiry be fully investigated and for the Government to continue to make progress in implementing security sector reform, combating impunity and building capacity of the judiciary.   

Togo noted with satisfaction the progress made in Côte d’Ivoire as evidenced by the successful holding of regional elections and welcomed the focus of the Government on human rights in the country.  Côte d’Ivoire should establish a climate of participation and full inclusion in the political process and Togo called on the international community to increase support to Côte d’Ivoire in the re-establishment of the socio-economic fabric of the society.

European Union welcomed the establishment of an institutional base for the national reconciliation and expressed particular concern about the rise in sexual violence against women and children.  Further steps must be taken in addressing impunity for human rights violations regardless of their political, ethnic or tribal affiliations.  The European Union asked the Independent Expert about appropriate measures to address sexual violence and bring perpetrators to justice.

Argentina said that a mission headed by Ministry of Foreign Affairs officials had visited Côte d’Ivoire and had found it very useful to learn from the reconciliation process there.  Argentina agreed that it was important to change the mindset of security forces which had previously been involved in human rights violations.  The Council should promote the exchange of examples of best practices between countries.  National institutions fighting against discrimination should be established.

Senegal welcomed the progress made in Côte d’Ivoire and noted the democratic trend in the country, recently marked by regional and local elections.  The disarmament, demobilization and national reconciliation processes were important, and Senegal encouraged Côte d’Ivoire to continue its efforts in those areas.  Senegal agreed that greater support should be offered by the international community to Côte d’Ivoire to help it in its promotion and protection of human rights.  

Burkina Faso said that it recognized the considerable efforts made by Côte d’Ivoire, especially with respect to improving security and strengthening human rights.  Burkina Faso welcomed the frank cooperation of the Ivorian authorities with the United Nations mechanisms.  The improvement of the security situation was very positive, although attacks reportedly continued to take place in parts of the country.

Nigeria commended the Independent Expert for his initiative to hold an international conference to address issues pertaining to transitional justice and the fight against impunity and hoped that the outcomes of this conference would serve as a guide to further address impunity and also address the situation of victims.  Nigeria welcomed the efforts of the Government to put in place policies which aimed to reinforce the independence of the judiciary, reform laws and improve the administration of justice.

France reiterated the concerns of the Independent Expert including the urgent need to set up a political dialogue and improve security in the regions.  It was essential to accelerate the demobilisation and reintegration process and the security sector reform.  The Government must accord the highest priority to combating impunity and addressing the sexual violence which was on the increase.  Finally, France expressed support for the extension of the mandate of the Independent Expert.

Morocco welcomed the cooperation and high degree of interaction between the Independent Expert and the Government of Côte d’Ivoire, the improvement in the stability, and the remarkable progress made in socio-economic recovery of the country.  Smooth regional elections had fostered the democratization process and were a preparation for the general elections in 2015.  Morocco agreed with the Independent Expert that the Truth and Reconciliation Commission had a crucial role to play in the reconstruction of the social fabric after decades of conflict.

Algeria welcomed the cooperation of Côte d’Ivoire with United Nations mechanisms and said that it had always supported the country during its recent crisis.  The national dialogue should continue and should be open and inclusive.  Growth should be ensured for all segments of the Ivorian population.  A strong message of reconciliation should be sent to all Ivorian people to avoid divisions and to promote human rights.  

United Nations International Children’s Emergency Fund said that the situation of women and children in Côte d’Ivoire remained alarming, despite progress made in that area.  In 2012 over 500 cases of rape had been reported, some of which had been committed by armed men.  The situation was the result of the silent effects of a decade of crisis, socio-cultural and institutional fractures and a failing judiciary system.    

Belgium said that it commended the cooperation of Côte d’Ivoire with the United Nations bodies, which had created an environment conducive to protecting human rights.  Sustained efforts were still necessary, however, because Côte d’Ivoire was susceptible to problems affecting the whole region, including political fragmentation, ethnic and religious community tensions, and a precarious security situation.

Benin commended the commitment of Côte d’Ivoire to overcome the crisis and its cooperation with the Independent Expert and encouraged the Government to step up efforts in the field of justice and reconciliation which were essential to its stability.  Benin called on various actors to provide support to Côte d’Ivoire in the implementation of recommendations made by the Independent Expert.

Human Rights Watch welcomed the willingness of Côte d’Ivoire to cooperate with the Independent Expert, renew his mandate and implement the recommendations he had made.  The Government had taken several important steps in the area in justice and its justice system had charged over 150 people with crimes, but it was an issue of concern that no charges were brought against those who had committed crimes during the conflict. 

Amnesty International said that human rights violations continued in Côte d’Ivoire and created a climate of general insecurity.  The army and police forces were responsible for human rights violations and abuses, particularly of those individuals deemed to be supporters of the previous president.  The Independent Expert should pay particular attention to impunity.

East and Horn of Africa Human Rights Defenders Project congratulated Côte d’Ivoire for its cooperation with the Independent Expert.  Côte d’Ivoire was encouraged to step up its efforts concerning the issue of the justice system.  Detention without formal charge of 150 persons for about two years violated the principles of a fair and equitable trial. 

United Nations Watch joined the call for the construction of an inclusive democracy and a culture of human rights, supported by the institution of fair trials, legal protection for the opposition and freedom of expression, assembly and electoral and constitutional reform.  It continued to be concerned over the lack of accountability among security forces and the lack of impartial justice. 

International Federation for Human Rights Leagues said that it was essential to ensure the rapid and efficient reform of the security sector in Côte d’Ivoire.  This challenge, fundamental to fighting impunity and stabilizing the long-term future of the country, was a large project to which the Independent Expert could continue to contribute. 

Comité international pour le respect et l’application de Latin America Charte Africaine des droits de l’homme et des peuples welcomed the progress in Côte d’Ivoire as outlined by the Independent Expert and noted the challenges in the process of the national reconciliation.  The Government should leave no stone unturned and should explore the African virtue of dialogue to make even further progress in stabilizing the country.  In addition, the Government should address impunity, improve the security situation and pursue national dialogue to cement national unity.
Concluding Remarks

DOUDOU DIÈNE, Independent Expert on the situation of human rights in Côte d’Ivoire, in his closing remarks, said that it was troubling that the reconstruction of democracy and a human rights culture in Côte d’Ivoire did not prevent the increase in sexual violence, especially in the school environment.  This was also an indicator of a moral crisis in the society; African culture was completely opposed to this kind of violence, especially against children.  Côte d’Ivoire had seen 10 years of extremely violent conflict and the very deep culture of violence was taking root in the society; the national reconciliation was likely to be a long process and the authorities must support it and establish justice.  This process must be accompanied by economic growth which should not remain an abstract concept.  Ensuring that the stability and national vision overcome fragmentation in the country was particularly important in the context of the rising tensions in the Sahel region, concluded the Independent Expert.
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