Human Rights Council
Geneva, 15 June 2011

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

Pursuant to resolution 16/25 adopted at the 16th Session of the Human Rights Council, I introduce today my report on the situation of human rights in Côte d’Ivoire.  The report covers developments from 1 February to 30 May 2011. 

In the face of the recent crisis in that country, OHCHR and our field presence within  the United Nations Operation Côte d’Ivoire (UNOCI)  remained key actors in the efforts carried out with other UN partners to prevent violations of international human rights and humanitarian law, protect civilians at risk, and secure accountability and remedy for violations.  The crisis in Côte d’Ivoire has confirmed the importance that has to be attached to the protection of civilians and human rights in armed conflict.

The Human Rights Division of UNOCI established a 24-hour hotline through which violations of human rights could be reported.  Since its inception in December 2010, the call centre has received more than 12,000 calls. In a very precarious security environment, it has proven to be an essential tool for the collection of information, and a vital link to civilian populations.  The hotline enabled the human rights officers to identify hot spots and sensitive zones and, in certain cases, to prevent violations through the immediate dispatch of military and police patrols.

As part of the United Nations coordinated response, OHCHR conducted a mission to Côte d’Ivoire from 2 to 9 April, led by Assistant Secretary-General Ivan Šimonović. The mission assessed the human rights situation in the country and reminded all parties of their obligation to respect international human rights and humanitarian law, and of the importance of bringing perpetrators to justice as a pre-requisite to sustainable peace. The ASG had the opportunity to meet with President Alassane Ouattara and a variety of high level officials, including former and present cabinet members. Together with Emergency Relief Coordinator Valerie Amos, Assistant Secretary-General Šimonović visited the towns in the southwest of the country, where there had been serious allegations of violations of international human rights and humanitarian law.

On 13 April, in New York, I participated in the Security Council consultations on the situation in Côte d’Ivoire. I stressed that the country has a history of human rights violations without any accountability or redress.  I also recalled that in 2004, an International Commission of Inquiry established by the Secretary-General identified alleged perpetrators and recommended accountability mechanisms, which were never created.

Mr. President,

The lead up to the arrest of Laurent Gbagbo was marked by a serious escalation of violence and the deterioration of the human rights situation, exacerbated by the propagation of inflammatory messages, including through state television. Since then, security in Abidjan and many places in the west has improved. However, the human rights situation remains of serious concern.

Throughout the reporting period, there have been reports of excessive and indiscriminate use of force against civilians, retaliatory killings and summary executions, enforced disappearances, torture, arbitrary arrest and detention, extortion, pillaging and sexual and gender-based violence.

In April 2011, an UNOCI investigative mission was deployed to the west for more than a month and conducted an exhaustive investigation in the regions of Moyen Cavally and Dix-huit Montagnes, including Duékoué. The team was able to establish that, from 1 December 2010 to 24 April 2011, grave violations of human rights and international humanitarian law occurred in the west of Côte d’Ivoire. The violations were committed by both sides.

The mission found that at least 1,012 persons, including 103 women and 42 children were killed in both regions and 46 rape cases including pregnant women and two minors were documented in connection with the crisis. Repeated intercommunity clashes and violent confrontations between Mr. Gbagbo’s loyalists, aided by militiamen and mercenaries, and pro-Ouattara forces supported by militia composed of traditional hunters had occurred.

While there is relative calm in the capital Abidjan and in  most parts of the country under the control of the Ouattara Government, confrontations between the army and pro-Gbagbo militias and mercenaries have resulted in many deaths and the destruction and looting of property. Retreating Gbagbo loyalists have targeted and killed individuals identified as coming from the north, a stronghold of their rivals, provoking a climate of fear, mistrust and serious concerns of retaliation.

Lack of discipline and violence on the part of the newly established army, the FRCI, which is composed of several different groups with no clear command structure, are also of serious concern. There are reports alleging that soldiers were involved in human rights violations in both Abidjan and the rest of the country, including summary executions, arbitrary arrest, torture, rape, looting and extortion. According to these reports, such abuses have ethnic dimensions.

Entrenched division and distrust amongst the communities fueled by long-standing discrimination and violence compound insecurity.  Against this background, re-building social cohesion and fostering reconciliation between communities appears to be a difficult undertaking, but this task is both urgent and necessary.   It must be a priority of the Government and will require the support of the international community.
Distinguished Members of the Human Rights Council,

The ongoing processes, both nationally and internationally, to address the issue of impunity are positive and welcome steps in ensuring justice and reconciliation in Côte d’Ivoire. Perpetrators must be held accountable for crimes committed regardless of their affiliation, and all should be treated with dignity and respect for human rights, including the right to a fair trial.

The creation of a Dialogue, Truth and Reconciliation Commission, as announced by President Ouattara, could play a significant role in this regard, but cannot replace measures to ensure criminal accountability. Some concerns have been expressed about the lack of consultation and the attempt to jump-start the process through a swift appointment of the commissioners without clear terms of reference or legal framework for the operation of the Commission.

Of course, transitional justice processes must be comprehensive and inter-connected, including prosecutions, reparations, vetting, reform of the security sector and the judiciary. My Office stands ready to assist President Ouattara and his Government in the development of a transitional justice strategy for the country.

In response to the human rights crisis in Côte d'Ivoire, the Human Rights Council established an Independent Commission of Inquiry. I take this opportunity to call on the Government of Côte d’Ivoire and the international community to review and implement the recommendations of the International Commission of Inquiry on Côte d’Ivoire mandated by the HRC.

We need concerted action designed to break the cycle of impunity, bring perpetrators to justice and rehabilitate victims in their rights and dignity.

Thank you.