人权理事会
下午

2016年3月22日

人权理事会今天下午与在人权领域与科特迪瓦的能力建设和技术合作问题独立专家穆罕默德·阿亚特（Mohammed Ayat）举行互动对话。 

阿亚特先生谈到了其对科特迪瓦的第三次访问，讨论了最近的选举进程并强调了近期在打击有罪不罚和过渡时期司法问题上取得的进展。在该国仍存在的挑战方面，他指出了监狱的状况。政府应终结阿比让中央监狱的暴政，监狱暴力导致大量囚犯和安全人员死亡。政府还应在拘留未成年人问题上采用国际标准，遗憾的是在许多案件中，少年犯并未与成年人分离开来。他还对暴力侵害妇女案件表示关切。 

作为相关国家发言的科特迪瓦对国际社会支持其和平进程表示感谢，并强调了科特迪瓦针对有罪不罚采取的行动的相关性。那些成绩将得到巩固。在谈到报告时科特迪瓦指出，《宪法》规定了自由集会的原则。在保护儿童方面，政府已将独立专家关于贩运的建议考虑在内，在促进性别平等方面，针对这一目标的组织早已存在。

在互动对话中，发言人对科特迪瓦取得的进展表示称赞，比如近期成功举行和平的选举，但也指出了司法部门等部门存在的挑战。科特迪瓦决定废除死刑的决定受到了称赞。还提到了区域和国际问题，部分代表团对西非再次出现恐怖主义袭击表示关切，包括3月14日大巴萨姆（Grand Bassam）遭到袭击。

在讨论中发言的有欧盟，代表非洲集团的南非，尼日利亚，马尔代夫，博茨瓦纳，中国，多哥，美国，比利时，苏丹，西班牙，加蓬，吉布提，马里，英国，刚果共和国，加纳，塞内加尔，阿尔及利亚，法国，摩洛哥和埃及。

以下非政府和民间社会组织也进行了发言：国际人权同盟联合会（International Service for Human Rights），世界反酷刑组织（World Organization against Torture），国际天主教儿童局（International Catholic Bureau for Children），国际人权同盟联合会（International Federation for Human Rights Leagues）和非洲维护人权会议（Rencontre Africaine pour la défense des droits de l’homme）。

下午6点，人权理事会将举行关于高级专员就乌克兰人权状况进行的口头情况更新的互动对话。

文件

理事会面前有在人权领域与科特迪瓦的能力建设和技术合作问题独立专家的报告 （A/HRC/31/78）。

Presentation of the Report

MOHAMMED AYAT, Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights, speaking about his third visit to Côte d’Ivoire, recalled that it had recently been the target of terrorists, and presented his condolences to the victims and their families. This attack took place at a moment when Côte d’Ivoire was going through a positive moment, after elections had taken place in line with international standards. The success of the electoral process could not have taken place without the protection of human rights, including in particular the right to peaceful assembly and the right to freedom of expression. During the pre-electoral period, however, some opposition sympathizers had been arrested. During the elections themselves, on the other hand, peaceful protests organized by political opponents had taken place without interference. Mr. Ayat underscored recent progress made on combatting impunity and on transitional justice.

Challenges, however, remained. For example, in some regions, certain persons were opposed to exhumations for cultural, financial or logistical reasons, the Expert noted, calling for international support in that regard. The National Commission for Reconciliation should clearly set up the modalities for compensation. The Government should put an end to the tyranny in the central prison of Abidjan, where violence had led to many deaths among inmates and security personnel. The Government should apply international standards for the detention of minors, and it was regrettable that, in many cases, juvenile offenders were not separated from adults. The Expert also expressed concerns about cases of violence against women. Legislation prohibited rape without defining this crime, which led to divergent interpretations by courts. It was absolutely necessary to remove article 35 from the Constitution, which referred to the notion of “Ivoirité” and could fuel divisions among the Ivoirian society.

Statement by the Concerned Country

Côte d’Ivoire, speaking as the concerned country, thanked the international community for its support for the reconciliation process, and stressed the relevance of efforts taken by Côte d’Ivoire against impunity. Those achievements would be consolidated. Commenting on the report, Côte d’Ivoire noted that the principle of freedom of assembly was enshrined in the Constitution. On the process of reparation for victims, the Government intended to put an inclusive process into place, which was based on the principle of equality. On the politics of the protection of children in conflict with the law, a project for building new prisons took into account new standards. On the protection of children, the Government had already taken into account the recommendations made by the Independent Expert related to trafficking, and on the promotion of gender equality, an organization aimed at that goal already existed.

Interactive Dialogue with the Independent Expert on the situation of human rights in Côte d’Ivoire

European Union said the situation in Côte d’Ivoire had improved in many respects. Justice and the fight against impunity were still main challenges faced by the country. What measures should be undertaken by Côte d’Ivoire and the international community to ensure that violence against women and girls did not occur? South Africa, speaking on behalf of the African Group, welcomed the positive developments in human rights in Côte d’Ivoire and commended the President for the fruitful collaboration with the African Group. Nigeria commended Côte d’Ivoire for the successful and peaceful elections held recently as well as the adoption of the National Social Protection Strategy. Nigeria cooperated with Côte d’Ivoire in the technical sector. Maldives was pleased to note that the elections in October 2015 had been peaceful and democratic. It congratulated the country for having been delisted from the Secretary-General’s list on children in armed conflict and urged the Government to strengthen efforts to protect the rights of women and children in the society. Botswana congratulated Côte d’Ivoire for the recent democratic and peaceful elections. It was imperative that technical assistance remained one of the priorities of the Human Rights Council. China appreciated the constructive manner in which the Côte d’Ivoire led its joint efforts in human rights, development and peace. Full attention was given to military stability with ongoing economic development at the same time, and China reaffirmed its support in this respect.

Togo welcomed the holding of presidential elections in a climate of peace and in compliance with international standards. It encouraged Côte d’Ivoire to continue efforts for reconciliation and transitional justice, while calling for international support to Côte d’Ivoire. United States congratulated Côte d’Ivoire for the peaceful elections, and regretted that most prosecutions for post-electoral violence had targeted “pro-Gbagbo” supporters rather than “pro-Ouattara”. Belgium praised the good cooperation between the Independent Expert and Côte d’Ivoire, and praised Côte d’Ivoire’s decision to fully abolish the death penalty, while noting that progress was still expected in combatting impunity and reforming the security sector. Sudan commended the achievements by Côte d’Ivoire and progress made on reconciliation, and called for the international community to continue providing assistance to Côte d’Ivoire. Spain congratulated Côte d’Ivoire for good practices in the field of combatting sexual violence, and supported Côte d’Ivoire’s commitment to improve detention conditions, particularly with regard to the separation of minors from other detainees. Gabon commended Côte d’Ivoire for its achievements, including recent non-violent elections in line with international standards.

Djibouti said the human rights situation in Côte d’Ivoire had notably improved since the crisis, and commended the country for the elections. It welcomed actions taken to address the justice system and improve the rights of the child as well as the prison system. Mali congratulated Côte d’Ivoire and underscored the noteworthy progress achieved in the promotion and protection of human rights. It took note of progress in national reconciliation and the efforts to fight impunity. United Kingdom condemned the appalling terrorist attacks that had taken place on March 13 in Grand Bassam and highlighted the importance of the political dialogue between the Government and the opposition. National reconciliation was crucial to ensuring lasting stability and would be the key to a full return to normalisation and economic prosperity. Republic of Congo congratulated the Ivoirian Government for its efforts in the direction of human rights. However, it was concerned at the recurrence of terrorist attacks in West Africa, and condemned the attacks in Grand Bassam. Ghana commended the Government of Côte d’Ivoire for its continued cooperation with the mechanisms of the Human Rights Council. The reported efforts of the Government to consolidate peace deserved encouragement.

Senegal congratulated Côte d’Ivoire for the October 2015 elections, and noted the efforts by the Government that had enabled the establishment of national institutions for human rights, with the compensation of victims of violations of human rights. It hoped that the efforts would continue. Algeria commended the authorities for their efforts in returning peace and stability to the country, and in the protection of human rights. It encouraged Côte d’Ivoire to continue these efforts and take all steps to bring an end to impunity, as well as redesign its international justice system. France said it was essential that perpetrators of violations of human rights were brought to justice. Impunity had to be lifted for those who had committed crimes on both sides and Côte d’Ivoire had to cooperate with the International Criminal Court. Morocco commended the high degree of cooperation with Côte d’Ivoire and underscored the way in which the elections had taken place in October 2015, which showed improvement. It denounced the Grand Bassam attacks and endorsed the findings of the Independent Expert that major achievements had been made. Egypt said the progress in Côte d’Ivoire marked a new era in the country. The human rights situation could not be improved without reconciliation measures, which were based on national cohesion and transitional justice.

International Service for Human Rights recognized positive developments in Côte d’Ivoire, but noted that improvements had to be made in the judiciary, and called on the authorities to follow up on the recommendations. World Organization against Torture agreed that the access to justice and adequate reparation were the pillars of a successful national reconciliation process in Côte d’Ivoire. It remained concerned about the continued use of torture committed by the Government forces with impunity. International Catholic Bureau for Children urged the authorities of Côte d’Ivoire to come up with a legal framework to protect the rights of children, especially with respect to the issue of children in detention and prevention of sexual violence. International Federation for Human Rights Leagues, in a joint statement, shared the satisfaction of the Independent Expert with the holding of peaceful presidential elections in Côte d’Ivoire. However, it stressed the importance of the truth and non-repetition in the process of national reconciliation. Rencontre Africaine pour la défense des droits de l’homme welcomed the efforts made by Côte d’Ivoire in fighting impunity and in achieving national reconciliation. It expressed hope that the findings about the committed atrocities would be made public.

Concluding Remarks

Côte d’Ivoire, speaking as the concerned country, stressed that it would spare no efforts to ensure the protection of human rights, the strengthening of democracy and the rule of law.

MOHAMMED AYAT, Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights, in his concluding remarks, echoed speakers’ calls for encouragement and support to Côte d’Ivoire in the field of human rights. With regard to reconciliation, there was a need to ensure the continuation of criminal proceedings for both sides. There was also a need to focus on victims, and to continue efforts at the level of the transitional justice system. There was political will to do all of this, Mr. Ayat said. He repeated that the independence of the judiciary had to be strengthened, and that some provisions of the Constitution had to be repealed. The Constitution should become a “Bill of Rights” for the citizens, and ensure better protection of their rights. Lastly, with regards to violence against women, the Expert recognized that much had already been done, leading to more trust in the authorities to report such cases. Authorities could still make progress, he said, referring to the need for a clear definition of rape and encouraging further awareness raising efforts. In conclusion, Mr. Ayat said that he was optimistic for the future of Côte d’Ivoire, and would continue to work constructively with the authorities.

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For use of the information media; not an official record

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