人权事务委员会审议科特迪瓦的报告（部分翻译）

2015年3月19日

人权事务委员会今天结束了对科特迪瓦关于其落实《公民与政治权利国际公约》规定情况的初次定期报告。

科特迪瓦司法部长马马杜·涅内马·库利巴利（Mamadou Gnénéma Coulibaly）在介绍报告时概括了该国政府自1992年批准《公约》以来为保障人权与自由而采取的政策。由于20世纪90年代的困难时期，科特迪瓦未能履行落实公约的义务，但目前已开始着手落实。科特迪瓦已在加强机构框架方面取得了重大进展，尤其是在促进性别平等、保护弱势人群、识别居住在科特迪瓦的个人、改革监狱系统和打击有罪不罚现象方面。政府致力于促进公正和独立的司法系统、公民平等利用司法体系的机会，以及专业和道德正义。由于旨在重塑公民对司法系统的信息，后者是改革的中心。

委员会专家对科特迪瓦取得的进步表示欢迎，尤其是在废除死刑和改革刑法方面。他们还对该国在消除童工形式方面的重大进步表示赞赏。讨论者还对司法独立、长期审前拘留和怀疑特勤局施行酷刑等问题表示关切，并询问了有关性别平等、妇女在行政中的公共参与、婚姻和家庭暴力、切割女性生殖器官、贩卖儿童和儿童劳工等问题。虽然刑法对强奸施以重刑，婚内强奸并未被判罪。讨论中还询问了真相与和解委员会在打击有罪不罚现象中的进步以及对强迫失踪案件的调查。

库利巴利先生在总结发言中表示，科特迪瓦承诺将继续在国内打击有罪不罚现象和促进民主与法治。政府愿与所有成员国、条约机构、国际组织和民间社会进行合作，并表示希望科特迪瓦即将到来的选举将在平静的政治气氛中进行，并将带来一个健全的民主社会。

委员会主席费边·奥马尔·萨尔维奥利（Fabian Omar Salvioli）呼吁将调查强迫失踪、打击酷刑、促进平等和非歧视以及打击家庭暴力作为优先事宜。国家必须发出关于正义已得到伸张的明确信息，并在这一过程中促进民间社会的民主化和参与。

科特迪瓦代表团包括来自司法部和科特迪瓦常驻联合国日内瓦办事处的代表。

委员会将于下午三点再次召开公开会议以讨论塞浦路斯的第四次报告（CCPR/C/CYP/4）。

报告

点此阅读科特迪瓦的初次报告：CCPR/C/CIV/1

Presentation of the Report

MAMADOU GNÉNÉMA COULIBALY, Minister of Justice of Côte d’Ivoire, said following the ratification of the International Covenant on Civil and Political Rights on 26 March 1992, Côte d’Ivoire had worked to meet its obligations and submit its first report to the Human Rights Committee. However, due to difficult times in the 1990s Côte d’Ivoire had been unable to work on its obligations, but now it was able to honour them. The report outlined developments in the implementation of the Covenant, notably significant advancements in strengthening the institutional framework. Key areas where those advances had been made were the promotion of gender equality, protection of vulnerable persons, identification of individuals living in Côte d’Ivoire, reform of the judicial and penitentiary system, tackling impunity, promoting associations and organizing elections.

Côte d’Ivoire was committed to overcome all forms of discrimination against women, and took gender into account in its political and development strategies. In December 2012 a law was passed on equality in domestic management, in December 2014 a National Gender Equality Observatory was founded and President recently established the National Women’s Council. To promote and protect the rights of vulnerable persons, especially children, women, persons with disabilities and persons living with AIDS, several initiatives had been launched. They included the National Child Protection Policy and the National Committee to combat the trafficking and exploitation of children, and to combat violence against women. Côte d’Ivoire had an adequate judicial arsenal to tackle AIDS. To identify individuals resident in Côte d'Ivoire a new strategy for birth registration was planned, and any union with an Ivorian national presupposed the possibility of obtaining citizenship. The Government had acceded to two international conventions regarding statelessness.

Reform of the judicial and penitentiary systems and the fight against corruption were priority areas. In 2013 the Council of Ministers adopted a policy which promoted an impartial and independent justice system, equal access to the justice system by citizens, and professional and ethical justice. The latter was at the heart of the reform because it aimed to restore the confidence of citizens in the justice system. More judges, who had undergone proper training, had been recruited. The Government planned to refurbish prisons and detention centers and to guarantee detainees treatment that was in accordance with international standards. It also planned to develop a juvenile justice framework and protection system. Côte d’Ivoire had a judicial framework that protected human rights defenders, which demonstrated the will of the authorities to promote the Declaration on Human Rights Defenders and include it into legislative system.

Questions from the Experts

A Committee Expert asked the delegation about the legal status of the International Covenant on Civil and Political Rights in Côte d’Ivoire and whether it superseded national laws. Was any training provided to judges on the Covenant? Côte d'Ivoire was urged to ensure the independence of the National Human Rights Commission and the appointment of its members, and make it more operational in line with the Paris Principles. The Commission was inadequately funding and lacked the necessary authority to effectively investigate alleged human rights violations. An Expert also asked about the process of acquiring citizenship and how it complied with the principles of the Covenant.

An Expert enquired about the progress made by the Truth and Reconciliation Commission of Côte d’Ivoire in combating impunity. The Commission had sent a report to the President, but it was never made public. Neither were the Commission’s deliberations made known to the media. Civil society organizations had expressed concern that there was a lack of planning and poor coordination across the regions.

An Expert asked about measures to protect persons with albinism, disabilities and lesbian, gay, bisexual and transgender people from discrimination. Public display from people in same-sex relationships were prohibited on the grounds of indecency and carried a prison sentence. The police failed to follow up on reports of attacks against members of the lesbian, gay, bisexual and transgender community.

Experts raised concerns about the equality of men and women in terms of salaries, and in particular about the underrepresentation of women in elected posts, and in posts of responsibility in the private sector.

Progress made in the abolition of the death penalty was commended by an Expert who noted that a moratorium had been introduced and changes made to the criminal code. Two bills were pending promulgation by the President of Côte d’Ivoire. What would happen to any person sentenced to death before the changes of the law took place?

The question of accountability for crimes committed between 1999 and 2010, and in the post-election violence, remained unanswered, said an Expert. Countries that had undergone trauma, like Côte d’Ivoire, needed to take time to balance the need for stability with the need to provide closure and accountability. The Committee was concerned that the State party had not taken sufficient steps to address the civil war atrocities. Experts were concerned about the slow pace of the justice system, in particular with respect to some high profile cases. They were also concerned that few State officials had been summoned in connection with those atrocities, even though they were identified by victims. No follow up had taken place and the Government was asked to explain how it would expedite adequate investigation units. There was a concern about the level and political affiliation of those who were prosecuted, said an Expert, referring to allegations that the investigations were mostly focused on people who were affiliated with the previous Government. To what extent was the Government genuinely committed to prosecuting all the crimes?

Enforced disappearances were raised by an Expert who said the Committee desired a more concrete response with respect to reparations to victims and signing of the Convention against Enforced Disappearances.

The delegation’s explanation that abortion was not available in Côte d’Ivoire was noted. An Expert said the current legal situation in the country fell short of the standards applied to other States. The current Ivorian law allowed abortion in certain cases, such as rape, fetal deformities and serious diseases of the fetus. Experts encouraged the Government to consider some other exceptions as well. The report had claimed that infanticide barely existed in Côte d’Ivoire but there were media reports that differed.

There was no definition of torture in the pending reform of the Criminal Code. What penalties were imposed for the crime of torture? Various non-governmental organizations had reported torture cases but the State failed to bring charges. The less transparent the penitentiary system was, the greater the likelihood of torture occurring, commented an Expert. It was therefore important to know whether the Government intended to introduce monitoring of the penitentiary system. Experts also raised concern about the detention of individuals without a judicial order or the possibly to have access to a lawyer.

Responses by the Delegation

Beginning its response, the Delegation said it was difficult for certain mechanisms to see the light of day, given the previous problematic political situation in the country and there was a sentiment of impunity, as illustrated by the civil war. The International Covenant on Civil and Political Rights was indeed not part of the national judicial culture. However, the Government had taken steps to adopt relevant human rights standards, in cooperation with civil society organizations. Efforts were being made to publish all the signed and ratified treaties and conventions and to distribute them, with the help of non-governmental organizations, in order to educate the wider public. The Committee’s recommendation to provide training to judges was taken into account.

The Government needed more time to prosecute people who had committed serious human rights violations, given the political context of the country. There would not be any impunity and the Government would stand firm to prosecute the perpetrators, emphasized a delegate. The Government was greatly concerned with the rights of victims, even though proper mechanisms for compensation and reparations were not yet in place. The victims heard by the National Commission of Inquiry were the same who were heard by the Truth and Reconciliation Commission, he noted, adding that it was not possible to hear all victims because there were so many.

With regard to allegations of enforced disappearances in 2008, a delegate said there was a true lack of the rule of law then, and a reported figure of 3,000 deaths was being investigated. The Government was conducting exhumations and cataloguing the findings. Due to the high expense of the exhumations the Government had asked for technical aid. So far it had spent three million francs on them. The exhumations were being carried out gradually, moving from one of the country to another. It was not because of the lack of will that the Government postponed exhumations. They had to be carried out in a chronological manner and were very expensive, noted a delegate.

The National Human Rights Commission was currently being reformed in line with the Paris Principles, explained a delegate. The Commission was made up of 22 members, out of which 17 had consultative status. Civil society representatives also participated in its work. The Commission functioned in an independent way. It had recently submitted to the Government its first report on the events of 2013. The mandate of the Commission was to seek truth and to provide victims of violations with a voice. It could not follow any other prototypes and examples from other countries, due to differences in the country’s political context.

There was an investigative mechanism to prevent impunity for crimes but the same mechanisms could not be used to start criminal proceedings for cases of enforced disappearances. Until the bodies were exhumed and clear causes of death established, there could not be criminal proceedings. The National Commission of Inquiry had sufficient resources and adequate staff to function. The presumption of innocent should be respected, commented the delegate.

As for the Law on the Acquisition of Citizenship, a delegate explained that the Government could revoke such rights because they exercised sovereignty. The State had to be able to oppose the granting of citizenship and Côte d’Ivoire reserved the right to deny nationality when it deemed that the person in question did not deserve it.

Regarding discrimination faced by people with albinism, a delegate said nothing was denied to that population and albinism was not even considered a disability in Côte d’Ivoire. Any problems encountered by Albino associations were not because of their albinism. As for the reservation of public posts for persons with disabilities, the Government’s stance was that if they qualified for a job, they would get it. It was the Government’s responsibility to provide appropriate working conditions.

The Criminal Code had been partially reviewed to take into account the Rome Statutes; a delegate updated the Committee, adding that new terms and elements of human rights provisions would be introduced into it, including those pertaining the Covenant.

Côte d’Ivoire was resolutely committed to the promotion of the rights of women. Nevertheless, the local culture focused on schooling boys rather than girls. Accordingly, there were not many women involved in politics. The Government would provide free schooling to both boys and girls, and it was considering introducing a quota for women in the Parliament. It would also work to provide women with access to military schools.

Abortion was criminalized in Cote d’Ivoire because the right to life overrode the interruption of pregnancy. Due to the level of education of the people it was not easy to open the door to permit abortion in Côte d’Ivoire. It would be very difficult to monitor the situation. A balance had to be made between permitting and punishing abortion. There was no ritual of infanticide in Côte d’Ivoire said a delegate, because the authorities had mobilized to supress it.

New provisions had been launched to reduce lengthy periods of detention. There was legal aid available but some regions simply had no lawyers as three quarters of lawyers in Côte d’Ivoire worked in the capital city Abidjan.

Follow-up Questions by Experts

The Committee welcomed Côte d’Ivoire’s willingness to incorporate the Covenant into the national judicial culture, said an Expert. She asked to what extend consensual acts between persons of the same sex were criminalized and socially stigmatized. The provisions for abortion were criticized as being too rigid by an Expert. They also wanted to know whether. Concerning the public participation of women, especially in politics, an Expert said studies showed that women had difficulties getting posts of responsibility and thus Experts wondered what the Government did to remedy the situation.

An Expert said she did not understand why the findings of the Truth and Reconciliation Commission were not publicized. She asked whether military officials allegedly involved in crimes were suspended, and whether court proceedings would be accelerated in those cases, commenting that Côte d’Ivoire perhaps did not take strong steps to remove those who were suspected of having committed crimes.

The detention system did not appear to have either public oversight or judicial oversight which led to a high risk of the use of torture. It was not clear what the position of the Government on the occurrences of torture recently in detention cells. If there was lack of political will to prosecute them, clarification was necessary.

There had been significant advances in efforts to eliminate forms of child labour by the Government said an Expert, asking for details about the pilot plan to eliminate the worst forms of child labour, noting that there was no relevant law.

Attending primary school was a State policy and Experts wondered whether there was a law covering that area and whether primary school education was compulsory. They recalled that many schools were attacked and destroyed during the post-election crisis, and wondered how that affected the provision of education.

Response by the Delegation

Regarding the rights of lesbian, gay, bisexual and transgender persons, a delegate confirmed that public exhibition of certain indecent forms of behaviour were criminalized but there was a general tolerance vis-à-vis lesbian, gay, bisexual and transgender persons. The law reflected the culture of Côte d’Ivoire, and the people of Côte d’Ivoire were not yet ready to accept such behaviour in public. The position of the Government was that it would not encourage such attitudes in the society.

The surveillance of the Secret Service was the competence of the Public Prosecutor, and of special police forces. It was regulated by special legislation. It was subject to all the rules of law. Long detentions existed, but that did not mean that torture was permitted. There could not be any corporal punishment during police investigation and interrogation. Côte d’Ivoire wanted to be a country of rule of law. The definition would appear in the new criminal code, and it would be criminalized.

Thanks to the national plan to combat the worst forms of child labour and in particular the efforts led by the First Lady of Côte d’Ivoire, the Government had achieved tangible results. The border police had managed to dismantle some child-trafficking gangs. Fewer and fewer street children were seen. However, child labour had cultural underpinning as children from the very young age accompanied their parents in various forms of labour, said a delegate, which could be further explained in economic terms because not many villages had schools so children tended to go to work instead. It was a cultural and economic issue. Traffickers of children were prosecuted, and a public campaign in Abidjan warned the public of child labour.

Education up to the age of 15 years of age was compulsory in Côte d’Ivoire, and children had to pass certain exams. However, more classrooms were needed because sometimes several classes were taught in the same classroom. There was a need to reach out to children across the country, added a delegate. Recently there had been a lack of enthusiasm by parents to educate their daughters, as many preferred to educate their sons.

Concerning the participation of women in administration, there was a need to train women to enable them to take up those positions, said a delegate. The Government, however, made it clear that it wanted to increase the low percentage of women in the Parliament – currently only five per cent. Currently only 12 per cent of staff working in diplomatic missions were women, a situation which reflected the problem of schooling of young women in Côte d’Ivoire.

Questions from the Experts

An Expert noted that domestic and marital violence was a general problem in the country. Although the criminal code provided for severe penalties for rape, marital rape was not penalized. The Expert wondered whether there was any training for judges and lawyers to deal with such cases. They referred to cases of gang rape committed by the military, and asked for clarification about such cases. Also, a high number of women suffered physical violence by their husbands and rarely filed complaints. When they did file complaints, they were often ignored by the police. Victims of rape were no longer provided with medical care in order to provide medical certificate proving they had been raped. Reports indicated that legal and social support provided to victims of rape was very limited outside Abidjan. Public education campaigns were very useful in combating rape, but they had to go hand in hand with the Government to prosecute perpetrators. In fact, prosecution of rape was low.

According to the World Health Organization, some 48 per cent of women in Côte d’Ivoire had suffered female genital mutilation. It was prevalent in the north and west of the country. Only recently the first prosecutions of perpetrators of the female genital mutilation had taken place. An Expert commended the Government for its efforts to root out the practice, but noted that it was difficult to eradicate it due to cultural reasons.

Côte d’Ivoire was a source, transit and destination country for trafficked children. The Government had increased efforts to fight child trafficking and made arrests and prosecutions of traffickers, which was a welcome development. Nevertheless, it was reported that the Government failed to address cases of sexual trafficking of adults.

The independence of the judiciary was raised by an Expert who cited complaints that the courts were ineffective due to the lack of personnel and being overburdened with cases. The judiciary were not seen as impartial either, which also undermined public trust. Many cases of corruption and political influence had been identified. The Expert asked what concrete steps were being taken to minimize the role of the Executive Branch of Government in appointing judges, and to investigate corruption among judges.

Detention in police custody was another concern said an Expert, calling for legal safeguards to be provided to detainees. If individuals needed to be detailed for any substantial period it should be done in proper detention units and handled by professional police personnel. There were allegations that the military had detention powers that went beyond the scope of established procedures, notably in undisclosed detention facilities. The Committee was encouraged to hear that the Criminal Code was being revised, and asked whether the pre-trial detention period would also be revised. The Criminal Code did not regulate clearly whether detention could be renewed multiple times. An Expert also asked about political prisoners citing concerns about the non-application of the domestic law, access to the outside world and the length of detention. Some observers claimed that detainees were not subject to medical examination, which may suggest abuse.

Progress in the treatment of persons deprived of liberty was noted but the Committee would appreciate more details. There was a high mortality rate among prisoners due to poor conditions. The Experts asked when new prisons would be constructed. They also inquired about educational provisions for juvenile prisoners and whether civil organizations were allowed to visit detainees.

There were reports of journalists being harassed, intimidated and arrested while exercising their freedom of expression. Experts expressed satisfaction with the fact that the Government had adopted an act to protect human rights defenders.

Experts asked for more information about the Electoral Commission and its reform, as well as for more details regarding provisions for corporal punishment.

The legal age of marriage and polygamy were important issues said an Expert, expressing concern about early marriage which often had a very negative impact on women and families. Polygamy was prohibited in Côte d’Ivoire but forced marriages were addressed through awareness raising campaigns. The Expert asked for more information on those campaigns.

The Government’s great efforts to regulate birth registration were appreciated, but nevertheless there were more than three million children who were not registered. Could the delegation elaborate on its efforts and challenges faced?

Experts inquired about the number of civil society organizations that participated in the drafting of the initial report of Côte d’Ivoire, and whether the International Covenant on Civil and Political Rights had been translated into local languages.

Responses by the Delegation

The amount of reparations paid to victims of the post-electoral violence amounted to 10 billion francs for 2015, confirmed a delegate. He also noted that jobs in administration were open to everyone, including persons with disabilities, and some positions were reserved exclusively for them.

Answering the question about the suspension of military officers who allegedly committed crimes, a delegate said there was a possibility for such a decision if they were indeed found guilty, but after they had served their time in prison it was possible for them to resume their post. There was no law to cover witness protection confirmed a delegate, but a sub-regional seminar on witness protection was recently held which resulted in a framework text. Under the current law, it was obligatory for State authorities to provide protection for witnesses when asked.

All situations involving the search for disappeared persons were regulated by a set of provisions which applied to different teams that participated in the search and exhumation, such as forensic and judiciary teams.

The findings of the Truth and Reconciliation Commission were not only supplied to the President, confirmed a delegate. Its conclusions and recommendations were reported by journalists, and all citizens had a chance to inform themselves. The report was available on the website and no attempt was made to block its publication.

Responding to the questions on domestic and marital violence, a delegate confirmed that the Criminal Code did not refer specifically to marital rape but it did say that acts of violence would be prosecuted. Those provisions would be subject to reform and reformulation. The awareness-raising of judges was carried out through workshops organized by civil society organizations. The National Programme to Combat Gender-Based Violence was also active and drew on international experiences. Cultural aspects had to be taken into account when addressing those issues, he noted.

The delegate questioned the statistics referred to by the Experts regarding alleged gang rapes committed by the military and said they were not aware of those cases. He invited non-governmental organizations to submit such information to the Government. The authorities in Côte d’Ivoire would facilitate the reporting of physical and sexual violence against girls and women. Legal clinics and information points were created in parts of the country to provide assistance to vulnerable persons so that they were better equipped to lodge complaints. Free legal assistance for women and children would perhaps substitute for the lack of a clear legal framework, he noted.

It was stressed that Côte d’Ivoire was emerging from a very difficult period of 15 years with no rule of law and it therefore needed more time to improve the human rights situation. Nevertheless, Côte d’Ivoire was deeply committed to improve the situation.
As part of the Economic Community of West African States, Côte d’Ivoire was committed to regulate immigration as part of a regional effort, rather than independently and thus impede free movement and employment in the region. With regard to preventing the trafficking of children, a delegate said most countries in the region had a serious problem identifying children and thus preventing abuse. The immigration staff in Côte d’Ivoire was now more aware on how to spot and root out fraud and abuse. There was a draft bill in the Parliament ion the protection of domestic workers, added the delegate.

Regarding the provision of educational services to children in detention, a delegate explained there were some logistical problems to materialize that ideal. However juveniles could receive training, rather than a classical education, which would enable them to become useful members of the society. The Government intended to modernize prisons, but an adequate budget was needed. There have not been any political detainees since 2011, when the current Government came into power, he added.

Concerning the investigation of crimes committed in the post-electoral period a delegate spoke about difficulties in determining what sort of crimes they really were. The Government needed specific forensic evidence to launch appropriate court proceedings. The wish to avoid lumping together attacks on the State on the one hand, and serious crimes, such as murder and rape on the other hand, was stressed. Such cases could not be judged hastily due to the sheer volume said the delegate noting that many countries had legal backlogs. Nevertheless, the Government welcomed the Experts’ criticism in that respect. The Government was looking to the future and it sought international support in order to promote human rights and fundamental freedoms.

Early marriage was a cultural issue. Agriculture in Côte d’Ivoire required physical labour, thus affecting specific social relations. Until farming was modernized and schools were introduced in every village, many cultural and social habits would be difficult to change, including early marriage. Polygamy was addressed through awareness raising campaigns. However, it was an economic question for many people due to, again, to the prevalence of intensive physical farming.

As for female genital mutilation, the Government made provisions in the north of the country for those women who performed it to earn their living another way. The issue had been put on the back burner because nowadays the urban population was larger than the rural population, where the practice was more prevalent. Awareness raising campaigns were taking place, and with modernization the practice would disappear.

The Government continued improving the birth registration system. All the people who were born, died or married during an eight-year period when registration did not function were now being re-registered. The logistical and financial resources for that endeavour were great.

The Government would answer in writing the question about the number of non-governmental organizations that took part in the drafting of the initial report.


Follow-up questions by the Experts

An Expert noted that it was hard to reconcile the presumption of innocence with long periods spent in pre-trial detention. He said that the selective application of the presumption of innocence was cause for concern. He also said asked whether the new Criminal Code would specifically introduce the crime of marital rape. Identification of rape victims and the fact that the State did not have their exact number was worrying. It was also not clear how the victims of rape were medically examined.

An Expert doubted whether the case-by-case approach to the investigation of enforced disappearances was appropriate, and wondered whether it would be better to introduce a more systematic approach and allow the United Nations Working Group on Enforced Disappearances to visit the country.

Responses by the Delegation

MAMADOU GNÉNÉMA COULIBALY, Minister of Justice of Côte d’Ivoire, clarified that offences had minimum and maximum sentences, and that it was up to the judge to determine which one would be handed down. The same crime committed on the same day may be treated differently, depending on the context. Each crime should have an appropriate punishment. He explained that rapes were not verified by private doctors, but that victims could make such a request and in that case they had to pay for examination. By going to the public prosecutor, the victim could get a medical certificate free of charge. He added that the presumption of innocence and the length of detention depended on the offence committed.

Concluding remarks

MAMADOU GNÉNÉMA COULIBALY, Minister of Justice of Côte d’Ivoire, said the delegation took note of the comments and recommendations made by the Committee. It pledged to continue combating impunity and to promote democracy and the rule of law in the country. The Government would cooperate with all Member States, treaty organs, international bodies, and civil society. It expressed hope that the upcoming elections in Côte d’Ivoire would be marked by calm political climate, and that they would bring about a sound democratic society.

FABIAN OMAR SALVIOLI, Chairperson of the Committee, reminded the delegation that they had 24 hours to provide additional answers in writing. He called for the prioritization of the investigation of enforced disappearances, the combating torture, promotion of equality and non-discrimination, and fight against domestic violence. The State had to send a clear message that justice was done, and it had to foster democratization and participation of civil society in that process.

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