COUNCIL DISCUSSES TECHNICAL ASSISTANCE AND CAPACITY BUILDING TO THE CENTRAL AFRICAN REPUBLIC AND CÔTE D’IVOIRE
The Human Rights Council this morning held separate interactive dialogues with Marie-Thérèse Keita Bocoum, Independent Expert on the situation of human rights in the Central African Republic, and with Mohammed Ayat, Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights. The Council also concluded its general debate on racism, racial discrimination, xenophobia and related forms of intolerance.
In her presentation on the human rights situation in the Central African Republic, Marie-Thérèse Keita Bocoum said various positive initiatives had been taken by the Government and welcomed the first arrests of alleged perpetrators of serious human rights crimes and the adoption in February of a law on the Special Criminal Court. The security situation remained at the heart of all concerns of Central Africans and the international community. Security in Bangui had improved with the deployment of international and national forces. However, armed groups continued to terrorize civilian populations in large parts of the country. Although the overall number of displaced persons and refugees had been reduced, people continued to flee from new conflict areas to seek refuge. The rights of minorities remained a fundamental concern as well.
Speaking as the concerned country, the Central African Republic stressed the importance of ensuring good security conditions for the upcoming elections and said that this must be done throughout the country in order to avoid the fuelling of a separatist agenda. Promises for financial assistance made by the international community were slow to take tangible form, and this was undermining the improvement of the situation in Bangui.
In the ensuing discussion, delegations expressed grave concern about the security and humanitarian situation in the Central African Republic, noting that a fragile State coupled with impunity provided breeding grounds for human rights violations and crimes. Speakers condemned all human rights violations, especially rape and other forms of sexual violence, and were particularly appalled at the reported use of 8,000 to 10,000 child soldiers during the conflict. Speakers said the cycle of impunity must be broken, and welcomed the establishment of the hybrid Special Criminal Court, which must remain independent, impartial and effective. It was also crucial that no immunity for crimes under international law was granted, including for members of the Transitional Government. The holding of the Bangui National Forum in April was an essential moment in the national dialogue and the first step to national reconciliation.
Participating in the interactive dialogue were the European Union, Algeria on behalf of the African Group, Egypt, United States, Ireland, Switzerland, United Kingdom, Norway, Sudan, Australia, Senegal, Algeria, Luxembourg, Belgium, Equatorial Guinea, Gabon, Morocco, Canada, Germany, Republic of Congo, Ghana, China, Togo, and France.
Femmes Afrique Solidarité, Save the Children, International Federation of Journalists, Amnesty International, United Nations Watch, World Evangelical Alliance (joint statement), and Rencontre Africaine pour la defense des droits de l’homme also spoke.
Mohammed Ayat, Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights, in an oral update underlined the importance of continuing efforts for security and disarmament in view of the forthcoming elections. Dialogue with the opposition and listening to the social movements were essential to further improve the security situation. He welcomed the efforts to strengthen the system of justice in the country, and the large-scale judicial reforms, which included harmonization of the national legislation with the Rome Statute and the abolition of the death penalty. It was essential to break the cycle of impunity in the country, and this could only be done with a functioning justice system.
Côte d’Ivoire, speaking as the concerned country, said efforts were being made to bring the judicial system in conformity with international standards, and highlighted laws adopted on human rights defenders and human trafficking. Côte d’Ivoire also pointed at several other reforms, such as the reform of the Independent Electoral Commission, the establishment of a National Observatory for Equity and Gender, and the National Policy to Protect Children. Funding for the compensation of victims of the post-electoral crisis had been provided, amounting to about 15 million Euros for 2015.
During the discussion on technical assistance and capacity building to Côte d’Ivoire, speakers welcomed reforms undertaken by Côte d’Ivoire, including reforms of the judicial system and of the criminal code. Speakers encouraged Côte d’Ivoire to continue its efforts to ensure peace and stability and ensure that the forthcoming elections were free, fair and transparent. Speakers highlighted the importance of combatting impunity for human rights violations, including sexual violence perpetrated during the post-electoral crisis. The importance of addressing violence against children and ensuring birth registration was also pointed out.
Speaking were Algeria on behalf of the African Group, European Union, Belgium, Togo, United Kingdom, United States, Egypt, Senegal, Morocco, Gabon, Sudan, Ghana, Mauritania, Algeria, Republic of Congo, France, and China.
International Service for Human Rights, Franciscans International, International Federation of Human Rights Leagues, and International Catholic Child Bureau also spoke.
At the beginning of the meeting, the Council concluded its general debate on racism, racial discrimination, xenophobia and related forms of intolerance. The first part of the general debate was held on Monday, 23 March and a summary can be found here.
Speakers in the general debate said that now was the time to act against racism and xenophobia by strengthening legislation, but unfortunately many States did not have programmes or strategies to combat racism. Lack of protection by some States for vulnerable or marginalized religious groups was raised as an issue of concern, as such failed protection and systematic discrimination against religious groups directly undermined the aims and objectives of the Durban Declaration and Programme of Action. Racist practices linked to foreign occupation must be further investigated, speakers said.
Ecuador on behalf of the Community of Latin American and Caribbean States spoke, as did the following non-governmental organizations: Mbororo Social and Cultural Development Association, World Muslim Congress, Comission Africaine des promoteurs de la santé et des droits de l’homme, Amuta for NGO Responsibility, International Humanist and Ethical Union, Rencontre Africaine pour la defense des droits de l’homme, International Muslim Women’s Union, European Union of Jewish Students, Agence Internationale pour le Developpement, Verein Sudwind Entwicklungspolitik, Arab Commission for Human Rights (joint statement), Americans for Democracy and Human Rights in Bahrain, Al-Salam Foundation, International Association of Jewish Lawyers and Jurists, and Prevention Association of Social Harms.
The Council is holding a full day of meetings today. At 1 p.m., the Council will hold separate interactive dialogues with the Independent Experts on Haiti and Mali.
General Debate on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Ecuador said sports, and in particular football, was viewed as an important tool to be used to enhance the fight against all sorts of discrimination. Ecuador suggested the education of young people and the need to give them access to sports. It welcomed the decision of the Committee to go into further detail and supported the implementation of instruments at the regional and international levels for combatting all kind of discrimination.
Mbororo Social and Cultural Development Association stated that people in India had been targeted by racist attacks in the metro and had also been discriminated against at work. Some cases had been identified against Kashmiri people. Likewise, human rights activists had also been targeted and had received messages to discourage them from continuing to work on human rights issues. The need to live free and without fear from the majority was re-emphasized.
World Muslim Congress informed that some students in India had been the target of racism, harassment and attacks, not only by public institutions but also by the general public. More than 60 students were beaten in a sport activity. Several other cases were identified against Kashmiri students. That violence, which was sponsored by the State with the aim to create fear, had made Kashmiri students fear going back to school and colleges.
Comission Africaine des promoteurs de la santé et des droits de l’homme said that despite the adoption of the programme for the Decade of People of African Descent, the efforts to render the Durban Declaration and Programme of Action impotent continued. All national Parliaments should recognize trans-Atlantic slave trade as a crime against humanity and States that had profited from the trade should offer their sincere apology.
Amuta for NGO Responsibility said that the last year had seen the rise of anti-Semitism and anti-Zionism in Europe. The singling out of Israel itself was an example of racism and Israel was judged by different criteria compared to other countries with similar security problems. The non-governmental organization Forum of the Durban Conference had left a stain that was hard to remove.
International Humanist and Ethical Union brought to the attention of the Council the situation of 250 million Dalits in India, who remained marginalized and persecuted. They suffered from 3,000-year old discrimination which thrived in the rural areas, and was often quietly practiced in cities. There was no dignity for those behind the wall of caste.
Rencontre Africaine pour la defense des droits de l’homme said that slavery, slave trade and colonization structurally dismantled the trends towards the emancipation of people of African descent. The Decade should be an opportunity to remember the victims and to re-learn the lessons of the past. It was time to act against racism and xenophobia by strengthening legislation, but many States unfortunately did not have programmes or strategies to combat racism.
International Muslim Women’s Union said that racism, racial discrimination, and xenophobia were rampant in India, where people could not eat with people from other castes. The prevailing caste, ethnicity, race and religion system denied the most basic of rights to people. Hindu fundamentalism and extremism was on the rise and India should urgently address violence against minorities.
European Union of Jewish Students questioned whether it was normal that in France, Italy, Belgium and the Netherlands Jewish schools and institutions needed to be protected by the military. Seventy years after the Holocaust, Europe’s Jews once again were experiencing hatred and violence simply for being Jewish. The Council should stand up for the rights of Jewish people across the world by strongly condemning anti-Semitic attacks and by issuing recommendations.
International Agency for Development said that systemic discrimination against lower castes and minorities had always been a part of caste system in Indian society. It was a strange mixture of prejudice, ignorance and centuries of discriminatory practices. Dalits in India were living in pathetic conditions, in constant fear of being publicly humiliated. Kashmiri students in different educational institutions of India were harassed and expelled.
Sudwind said the number of recognized religious minorities in Iran had drastically decreased mostly due to emigration. That gave enough information about the real situation of those communities on the ground. The unrecognized religious minorities in Iran were harassed even more. The situation of Bahai’s was known but the situation of Mandai’s and Yarsan as well as those who converted to Christianity still had to be investigated more precisely.
Arab Commission for Human Rights said in a joint statement that despite the calls in the Durban Declaration and Programme of Action to guarantee freedom to people living under occupation, the situation of the Palestinian people under foreign occupation had not changed. Arab citizens of Israel, who represented 20 per cent of the population, experienced racism and discrimination. Racist practices linked to foreign occupation must be further investigated.
Americans for Democracy and Human Rights in Bahrain Inc. was concerned about State-perpetrated discrimination in law and practice and the situation to integrate ethnic discrimination, including in Bahrain. Attacks against the indigenous population in this country, the Bahrani, took many forms, including prohibition to enter military or security forces, and the destruction of mosques.
Al-Salam Foundation was concerned about the lack of protection by some States for vulnerable or marginalized religious groups. Such failed protection and systematic discrimination against religious groups directly undermined the aims and objectives of the Durban Declaration and Programme of Action. One such example was the restriction of rights of the Shi’a population in Bahrain and Saudi Arabia.
International Association of Jewish Lawyers and Jurists was deeply concerned about the increase of anti-Semitic acts in Europe following the January attacks in Paris. In order to prevent future anti-Semitic incidents, States must engage in education and preventive actions. Freedom of expression should not be used to protect anti-Semitic speech. Hate against Jews was a global problem, and anti-Semitism should be addressed by effective mechanisms and frameworks for cooperation at the international level.
Prevention Association of Social Harm said Islamophobia had increased in Western countries since the 9/11 attacks, with political parties and extremist groups using these attacks for their own interests. Religion was supposed to preach peaceful coexistence and tolerance. Mutual respect between minorities and the majority was a fundamental component to develop multiculturalism in a society.
Presentation by the Independent Expert on the Situation of Human Rights in the Central African Republic
MARIE-THÉRÈSE KEITA BOCOUM, Independent Expert on the situation of human rights in the Central African Republic, said she had had numerous meetings and discussions with the transitional President of the Central African Republic as well as various Ministers and representatives of the central and regional administration; representatives of the United Nations agencies, diplomats and members of civil society and human rights defenders; and with representatives of the political parties and the armed groups Seleka and anti Balaka. She had carried out visits to Berberati in the west, Bambari in the central-east and camps for displaced persons in Yaloke, north-west of Bangui. Various positive initiatives had been taken by the Government. Regarding the reconstruction of the territorial administration of the country, she stressed that although great efforts had been made, the Government still faced problems due to the small number of police forces and the lack of human resources. She welcomed the first arrests of alleged perpetrators of serious human rights crimes and the adoption in February of a law on the Special Criminal Court.
The security situation remained at the heart of all concerns of Central Africans and the international community. Security in Bangui had improved with the deployment of international and national forces. However, armed groups continued to terrorize civilian populations in large parts of the country. Although the overall number of displaced persons and refugees had been reduced, people continued to flee from new conflict areas to seek refuge. It was estimated that since the beginning of the year, around 30,000 people had left their homes following new fighting to seek refuge in the Democratic Republic of the Congo. The reform of the defence forces and the security of Central Africans were necessary to fight impunity and to create a more secure environment. The rights of minorities remained a fundamental concern as well. After talks with Muslim leaders and representatives of civil society in Bangui and elsewhere in the country, she remained very concerned that the minority Muslims could not take part in the political, economic and social life in the country, partly because of their assimilation with the Seleka armed movement but also because of quasi historic discrimination.
Statement by the Concerned Country
Central African Republic thanked the Independent Expert for her report which had noted the improvements in the human rights situation in Bangui; however, there were still parts of the country in the hands of the non-conventional forces. The Central African Republic welcomed the future opening of the International Criminal Court in the country, which would judge those responsible for the crimes committed. The Central African Republic stressed the importance of ensuring good security conditions for the upcoming elections; this must be done throughout the country in order to avoid the fuelling of the separatist agenda. Promises for financial assistance made by the international community were slow to take tangible form, and this was undermining the improvement of the situation in Bangui. Democracy could not be decreed; it was built and attained through sacrifices, the end of a long road. The Central African Republic reminded the international community of the obligation to assist the country in strengthening democracy.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in the Central African Republic
European Union welcomed the full cooperation of the transitional authorities with the Independent Expert, and welcomed measures it had taken to combat impunity. The European Union also welcomed the Government’s commitment to stabilize the country and re-establish the rule of law. It appreciated reforms of the security sector, and encouraged the continuation of efforts to strengthen the State authorities in all the country.
Algeria, speaking on behalf of the African Group, welcomed efforts for reconciliation and inclusive dialogue. The African Group remained concerned about violence against people which would undermine the forthcoming elections. This violence was unacceptable and should not remain unpunished. Algeria called for the disarmament of militias, and urged the international community to provide technical assistance and capacity building on this matter.
Egypt commended the real commitment of the Government to combat human rights violations, and welcomed the establishment of a national institution to strengthen technical assistance and provide capacity building. Egypt underlined the importance of strengthening national institutions, and welcomed steps to combat impunity. Egypt paid tribute to the United Nations Mission in the country and its work addressing human rights violations.
United States called for an end to impunity for human rights abuses and supported the reconciliation process with the aim of establishing sustainable peace in the country. The United States remained concerned about widespread sexual violence and the use of children by armed groups. The establishment of the Special Criminal Court would be an important first step to eradicating impunity.
Ireland remained gravely concerned about the ongoing conflict and the humanitarian crisis which affected the entire population in the country. Ireland condemned sexual violence and the recruitment of children, as well as attacks on humanitarian workers. Ireland welcomed the decision of the International Criminal Court to open the investigation into alleged human rights violations in the country and asked how best to support the country in re-establishing its justice system.
Switzerland was still alarmed over the general situation and the fact that the rule of law continued to be precarious, stressing that a fragile State and continued impunity offered breeding grounds for human rights violations and crimes. The lack of security continued to prevent the return of internally displaced persons. Switzerland affirmed its support for the transitional authorities and the process established by the 2014 Brazzaville accords which were essential to ensure the return to constitutional order.
United Kingdom remained deeply concerned about the security and humanitarian situation and said that the primary focus of the international community should be to stabilize the country and protect civilians. All actors should allow unhindered humanitarian access in accordance with international humanitarian law. Effective engagement was needed to ensure long-term security and holding of fair and free elections was essential in this regard. The United Kingdom asked what more could be done to assist victims of human rights violations, especially victims of sexual violence.
Norway remained deeply concerned about the human rights situation in the Central African Republic, which remained dire despite efforts by the Independent Expert and the United Nations Mission MINUSCA. In order to end the cycle of violence, it was important that those responsible for human rights violations were held accountable. Norway therefore welcomed efforts to re-establish the rule of law and encouraged the transitional Government to continue its cooperation with the Office of the High Commissioner, the Independent Expert and other mechanisms of the Human Rights Council.
Sudan welcomed positive steps by the Central African Republic towards decreasing the tension and achieving a durable peaceful settlement, and encouraged it to continue its efforts so as to overcome the remaining challenges. Sudan remained confident that the national reconciliation and socio-political dialogue represented the most appropriate tools to create a conductive atmosphere for a peaceful settlement of the situation. Sudan called on the international community to fulfil its commitments in providing adequate assistance to the Central African Republic.
Australia recognized the progress made by the United Nations, French and European Union forces on the ground, but remained deeply concerned about continuing violence in the Central African Republic. Australia underlined the importance of putting an end to impunity and called on all parties to engage constructively in reconciliation efforts. Australia was concerned about the situation of women and children, and condemned the recruitment of children by armed groups. Australia insisted on the importance of including women in the peace efforts.
Senegal expressed its concern about the facts that had been presented, which showed gross violations of human rights in the Central African Republic. It encouraged the transitional authorities to move forward with political dialogue and welcomed the activities undertaken in order to support the transitional council to put an end to human rights violations and to hold perpetrators accountable. Senegal called for the demobilization of child soldiers.
Algeria welcomed the progress made by the Central African Republic but expressed concerns about the current situation and the violence that had taken place in several regions of the country. It recommended, as a priority, the dismantlement of the militias, and requested all parties to undertake efforts and engagement in order to improve the humanitarian situation in the country. It called on the international community to continue giving its support to the Central African Republic by providing technical assistance and capacity building.
Luxemburg said despite progress accomplished in recent months, it was important not to remain complacent. The security situation in the Central African Republic remained very unstable and the humanitarian situation was of grave concern, while the political process was advancing slowly and with difficulty. It was necessary that those responsible for human rights violations be brought to justice, and the fight against impunity was crucial. For now, Luxembourg regretted that the situation in the Central African Republic continued to be characterized by generalized impunity.
Belgium condemned the upsurge of violence and the continued cycle of provocations and reprisals attributed to armed groups, which caused the deterioration of the human rights situation. Belgium was extremely worried about the unprecedented crisis in the country and the grave human rights violations, including extrajudicial executions and inhumane and degrading treatment inflicted at women and children. Belgium welcomed the opening of the investigation by the International Criminal Court into this situation and condemned the recruitment of children into armed forces.
Remarks by the Independent Expert on the Human Rights Situation in the Central African Republic
MARIE-THÉRÈSE KEITA BOCOUM, Independent Expert on the situation of human rights in the Central African Republic, in response to questions and issues raised in the interactive dialogue, said that there was a need to facilitate access to justice and provide psycho-social support to victims of sexual violence; unfortunately, those programmes still had not begun and resources were needed. So far, nearly 400 child-soldiers had been released, but many more remained in the ranks of the combatants; there were disarmament programmes, but what was still missing was a consistent and coherent strategy which would ensure demobilization, rehabilitation and reintegration in the community. Concerning the participation of women, the Independent Expert said that women were participating in the consultations and in the transitional Government, but there was a need to strengthen the participation of women in the interior of the country and Muslim women. Ms. Keita Bocoum stressed the need to ensure witness protection programmes in order to guarantee justice. With regard to criminal proceedings, the most important thing to do now was to improve the security situation, which would hopefully be done in cooperation with the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), and would enable access for judges to various parts of the country; the next step would be the rehabilitation of prisons. On the consolidation of State institutions, the Independent Expert said that attention must be given to restoring the police and justice, and to enable access to health and education, particularly access to the university for youth.
Interactive Dialogue with the Independent Expert on the Situation of Human Rights in the Central African Republic
Equatorial Guinea said the crisis in the Central African Republic continued to constitute a threat for its people, but welcomed efforts to restore social cohesion and combat impunity. It underlined that a comprehensive political dialogue had to take place to ensure that the August 2015 elections were free, transparent and inclusive. It urged the international community to provide technical assistance and support to the Central African Republic, and called on all parties to constructively engage in national reconciliation efforts.
Gabon commended the progress made by the Central African Republic to push forward the transitional process, and called major players to constructively engage in this process. Gabon remained concerned about the humanitarian situation, including about the situation of displaced persons and refugees in neighbouring countries. Gabon welcomed efforts by the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, and encouraged the international community to provide appropriate support to the country.
Morocco expressed concerns about the human rights and humanitarian situations in the Central African Republic and reaffirmed its solidarity and support for the transitional Government and for neighbouring countries affected by the conflict. Morocco intended to contribute to efforts to assist the Central African Republic by deploying the largest contingent of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic.
Canada remained concerned about grave human rights violations, including rape and other forms of sexual violence, and stressed the need to ensure that the authors of those heinous crimes were brought to justice. Canada called upon all parties to establish peace, security, rule of law and democratic institutions, and said that the holding of free and fair elections was essential for the future of the country. What strategies could the Central African Republic employ to ensure accountability for crimes, particularly in the areas of the country affected by serious insecurity?
Germany said that it was absolutely essential to prevent all human rights violations and ensure accountability for the numerous violations and abuses committed by all of the principal actors, which, in some instances, amounted to international crimes. Germany was particularly appalled at the reported use of 8,000 to 10,000 child soldiers during the conflict, and welcomed the agreement between the United Nations and the Transitional Government which stipulated the appointment of a Special Criminal Court to ensure accountability for the worst crimes.
Republic of Congo said that the seventh meeting of the International Contact Group had seen the participation of 27 countries, 13 international institutions and many African stakeholders, which was a clear sign of the attention given to the problem in the Central African Republic. The transitional authorities must put in every effort to bring the transition period to an end, and in this sense, the holding of the National Forum, planned for April 2015 in Bangui, was an essential moment in the national dialogue and the first step to national reconciliation.
Ghana expressed concern about the situation in the Central African Republic and called for necessary efforts to maintain a peaceful coexistence of all peoples in the country through the converted efforts of all national and international institutions. It suggested that the country’s reconstruction and development efforts be guided at all times by the promotion and sustenance of human rights and the dignity of all people without discrimination.
China stressed out the different challenges that the Central African Republic was facing included economic and financial challenges. It condemned all attacks and welcomed peace, security and stability within the country. It hoped that political factions would ensure the fundamental interests of the State and the human rights of their people at all times.
Togo commended the authorities for all the efforts made during the transitional period and hoped that peaceful and transparent elections would be held. It requested the Government to set up priorities, including the dismantlement of armed groups, giving attention to minority groups, and the restoration of public order. It remained concerned about the fact that armed groups had been challenging the authorities and had been committing violations of human rights.
France commended the work of the Independent Expert and welcomed the slight improvement of the security situation in Bangui, thanks to the efforts by African, French and United Nations forces. France remained concerned about the challenges and underlined the importance of the work of MINUSCA in the field of human rights. France welcomed efforts to restore the rule of law and combat impunity. It welcomed that some individuals had been arrested, and called for the prompt establishment of the Special Criminal Court.
Femmes Africa Solidarité was alarmed at the security situation, attacks against civilians and persistent human rights violations in camps for displaced persons. The re-establishment of the rule of law was a major challenge. It expressed concerns about impunity remaining widespread, including for rape and other forms of sexual violence against women. It underlined the importance of ensuring specific medical services to victims of sexual violence. It insisted on the importance of women being involved in the peace and electoral processes.
Save the Children said an estimated 2.4 million children had been affected by the conflict in the Central African Republic. Thousands of children had been separated from their families and faced sexual and gender-based crimes, including gang rape, forced marriage, sexual slavery, and sexual mutilation. Some 10,000 children had been recruited by armed groups. Greater priority should be given by the Government, United Nations and donors to the urgent task of identifying and releasing children associated with armed groups and ensuring their rehabilitation.
International Federation of Journalists said that last year alone, four journalists had been murdered in the Central African Republic and to date no investigation into the killings had been undertaken. Attacks by both Seleka and anti-Balaka militias on journalists had led to the closure of many community radio communications in the country. Despite the current efforts to restore security in the country, journalists were still facing censorship and intimidation.
Amnesty International said that the deployment of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) had saved lives, but it still lacked the capacity to protect civilians across the country. The establishment of the hybrid Special Criminal Court was welcomed, and it must remain independent, impartial and effective. It was also crucial that no immunity for crimes under international law was granted, including for members of the transitional Government.
United Nations Watch was deeply concerned about violence against women and access to health care in refugee camps and said that the abuse of women in the Central African Republic must end immediately. The alarming number of refugees and refugee camps posed a major problem; there was no access to health, water, shelter, and aid provided so far had been minimal and focused mainly on the capital.
World Evangelical Alliance, in a joint statement with Caritas Internationalis (International Confederation of Catholic Charities), called attention to the dramatic impact of threats, violence and forced displacement that had been inflicted on large numbers of the population on a daily basis. Religious leaders of Catholic, Protestant and Muslim faith traditions had witnessed brutal suffering among their compatriots. The work of the United Nations Peacekeeping Mission would be helpful toward a more effective disarmament.
Recontre Africaine pour la defense des droits de l’ homme expressed concerns about the armed attacks against Muslim minorities and regretted the chaos in the country. It called for the holding of transparent elections and restoration of peace as well as the rule of law.
Concluding Remarks by the Independent Expert on the Situation of Human Rights in the Central African Republic
MARIE-THÉRÈSE KEITA BOCOUM, independent Expert on the situation of human rights in the Central African Republic, welcomed measures taken to ensure accountability, including investigations, arrests and prosecution of alleged offenders. She insisted on the importance of ending the cycle of impunity and reassuring the population in that regard. People responsible for crimes had to be held accountable. It was important to encourage initiatives at the local and national levels for reconciliation. The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, and other United Nations agencies, for example the United Nations Development Programme, could help communities to strengthen their reconciliation efforts. The return of displaced persons and their participation in the elections was vital, so was the inclusion of women. A lot of challenges, risks and questions remained regarding the forthcoming elections, including with regard to the situation of displaced persons, the security situation and whether sufficient personnel would be allocated.
Documentation
The Council has before it a note by the Secretariat regarding the report of the Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights, Mohammed Ayat (A/HRC/28/84)
Presentation by the Independent Expert on Capacity Building and Technical Cooperation with Côte d’Ivoire in the Field of Human Rights
MOHAMMED AYAT, Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights, giving an oral update, said that at the political level, Côte d’Ivoire was on the eve of Presidential elections and this was a period that would be fraught with many challenges. In order for the elections to take place in a spirit of respect for human rights, the continued efforts by the Government to improve security were essential. The most delicate task in this connection was the disarmament, demobilization and reintegration of former combatants; there were still some 30,000 combatants awaiting demobilization and reintegration. The capital was quite secure, but there was a need for vigilance in some provincial areas where former commanders were still active. Dialogue with the opposition and listening to the social movements were essential to further improve the security situation.
The Dialogue, Truth and Reconciliation Commission had handed its final report, following which the President had announced the creation of the Reparation Fund for Victims, to which he had allocated 10 billion CFF for the fiscal year 2015-2016. Mr. Ayat called on the international community to provide technical assistance to this Fund. The Commission was criticised for the lack of transparency and the Independent Expert called for the publication of the report which would contribute to national reconciliation. Côte d’Ivoire had established the National Human Rights Institution, which was a step forward in the area of human rights, but it needed to further align it with the Paris Principles. The Independent Expert welcomed the efforts to strengthen the system of justice in the country, and the large-scale judicial reforms, which included harmonization of the national legislation with the Rome Statute and the abolition of the death penalty. It was essential to break the cycle of impunity in the country, and this could only be done with a functioning justice system. The international community should provide sufficient support to the National Strategy to Combat Sexual Violence, and pay due attention to the situation of children in conflict with the law.
Statement by the Concerned Country
Côte d’Ivoire thanked the Independent Expert on Côte d’Ivoire for his oral update, and commended his preliminary work following his visit to the country. This visit had been very useful in terms of the post-crisis reconciliation and reconstruction of the country. Côte d’Ivoire welcomed the efforts by the Office of the High Commissioner for Human Rights in this respect, and presented some additional information with regards to measures undertaken by the Government. This mandate had helped Côte d’Ivoire consolidate and reconstruct the country in view of strengthening the rule of law. These efforts were effectuated by the establishment of a judiciary system in conformity with international standards, through the rehabilitation of courts and prisons, the reform of the laws and the restoration of criminal trials. Also, several reforms had been made on the national plan, such as the adoption of a law on the promotion and protection of human rights defenders as well as a draft law combating human trafficking. At the institutional level, positive steps were the establishment of a National Committee to Combat Trafficking, the reform of the Independent Electoral Commission, and the establishment of a National Observatory for Equity and Gender. On the political level, several documents had been adopted, including the National Strategy to Fight against Gender-Based Violence, the National Policy to Protect Children, and the integration of young girls in the Military School and the National Gendarmerie. In addition to this, open days for human rights in the army had been installed, and funding for the provision of indemnities to victims of the post-electoral crisis had been provided, amounting to about 15 million Euros for 2015.
Interactive Dialogue with the Independent Expert on Capacity Building and Technical Cooperation with Côte d’Ivoire in the Field of Human Rights
Algeria, speaking on behalf of the African Group, welcomed the significant progress that had been noted in Côte d’Ivoire for the protection of human rights. It welcomed unprecedented efforts made to rebuild the judicial system and bring it in line with international standards. The African Group welcomed the re-establishment of criminal trials. It encouraged Côte d’Ivoire to continue its efforts to ensure free and fair elections, and called on the international community to provide technical assistance.
European Union welcomed cooperation by Côte d’Ivoire with United Nations mechanisms, and welcomed its achievements in the field of human rights. The European Union particularly welcomed that Côte d’Ivoire had abolished the death penalty. It highlighted the importance of equitable justice to ensure accountability and national reconciliation. The European Union commended calls to support Côte d’Ivoire in the organization of free and transparent elections. The European Union expressed concern about sexual violence in the country.
Belgium commended that Côte d’Ivoire had abolished the death penalty, and encouraged it to ratify the second protocol to the International Covenant on Civil and Political Rights. Belgium expressed concerns about the high rate of sexual violence in Côte d’Ivoire, and called on the authorities to step up their efforts to combat this. Belgium remained concerned about persistent impunity for perpetrators of human rights violations during the post-electoral violence.
Togo commended Côte d’Ivoire for its cooperation with the Human Rights Council and for all its reform efforts. It particularly appreciated the abolition of the death penalty and the efforts to combat sexual violence. It urged the Government to pursue efforts in democratic and good governance, and welcomed measures to promote a climate of trust. It invited the international community to support efforts made by Côte d’Ivoire.
United Kingdom congratulated Mr. Mohammed Ayat on his nomination and welcomed the commitment made by Côte d’Ivoire, especially to repeal the death penalty. It urged the Government to combat impunity and to ensure the punishment of all guilty parties, regardless of their background. Political dialogue and national reconciliation were crucial to peace. All parties were urged to work towards peaceful and democratic elections. The United Kingdom asked the Independent Expert how the international community could help in order to ensure post electoral peace.
United States remained concerned about the human rights situation in Côte d’Ivoire and hoped that national reconciliation efforts would continue through ongoing political dialogue and efforts to hold perpetrators of human rights violations and abuses responsible. The United States asked the Independent Expert to assist the Government in promoting national reconciliation and ensuring a peaceful presidential election later this year.
Egypt underlined progress made in Côte d’Ivoire, and underscored efforts to complete reforms of the judiciary, the penal code, civil law and civil procedures. Egypt welcomed the support provided to Côte d’Ivoire by the Independent Expert in the field of democratization.
Senegal welcomed progress made by Côte d’Ivoire in human rights and its initiatives in the fields of truth and reconciliation, reparation for victims and social cohesion. It was important to assist Côte d’Ivoire’s efforts for disarmament. Senegal stressed the importance of tackling impunity and ensuring that the forthcoming elections were free, fair and transparent.
Morocco welcomed the progress achieved by Côte d’Ivoire and its cooperation with the Independent Expert. Morocco welcomed the stability that was achieved in Côte d’Ivoire, and noted that its progress had been recognized by financial institutions. Morocco called on Côte d’Ivoire to continue its efforts to re-establish the rule of law and ensure transparent elections. Morocco commended Côte d’Ivoire’s reforms of its criminal code.
Gabon noted with satisfaction the efforts made by the Government in the last four years, especially on the rule of law and the reconciliation of all communities to emerge from the tragedy of the conflict. A number of texts facilitating the conditions of human rights defenders had been adopted. The amended laws, such as the procedural penal code and the penal code, were noteworthy efforts.
Sudan welcomed the delegation’s information on the update of the human rights situation in Côte d’Ivoire. It encouraged further reforms, and urged the international community to provide Côte d’Ivoire with adequate assistance, including technical assistance.
Ghana welcomed the report of the Independent Expert, as well as the efforts made by the Government to open up the democratic space and to ensure that justice was served without discrimination. It encouraged the international community to assist in these efforts, and hoped that the election this year would go smoothly. It commended the Government on its reconstruction efforts.
Mauritania noted progress achieved in Côte d’Ivoire regarding national reconciliation and strengthening the judiciary. It encouraged Côte d’Ivoire to continue its efforts to stabilize the political and security situation in the country, which would allow for better protection of human rights and the establishment of institutions for development.
Algeria welcomed efforts by Côte d’Ivoire to consolidate peace and security, and its cooperation with United Nations human rights mechanisms, and in particular with the Human Rights Council. Côte d’Ivoire had indeed accepted most recommendations made to it during its Universal Periodic Review.
Republic of Congo said progress had been made in Côte d’Ivoire, including on re-establishing the rule of law, the judiciary and the criminal and civil codes. Republic of Congo called on the international community to strengthen its capacity building and technical efforts to meet the needs of Côte d’Ivoire.
France welcomed the positive reforms of the Government. In 2014 the adoption of a national strategy to fight against gender based violence as well as the law concerning human rights defenders were all positive reforms. There was a lot to be done, and the fight against impunity had to be a priority, especially with regards to violations between 2010 and 2011. The criminal proceedings of 83 people from the Laurent Gbagbo regime was the first step in the post-electoral crisis, but it had to extend to criminals in the other camp as well.
China commended Côte d’Ivoire for its positive efforts and the progress made in the national reconciliation efforts and the respect for human rights. Côte d’Ivoire faced many challenges. China called on the international community to provide aid to Côte d’Ivoire for its reconstruction. Peace, stability, and security were pre-conditions for the enjoyment of all rights. China had six observers in the United Nations Mission in Côte d’Ivoire.
International Service for Human Rights said the situation in Côte d’Ivoire had improved in several sectors. The adoption of the law for protecting human rights defenders was the first of its kind in Africa and was a very positive step. The Government should adopt changes to Article 19 of this law, as recommended by the Independent Expert. This would ensure appropriate legal protection to human rights defenders. The reconciliation process needed to be strengthened.
Franciscans International was concerned about barriers to the realization of the rights of children, children kidnappings and lack of birth registration in Côte d’Ivoire. It called on Côte d’Ivoire to effectively prevent and prosecute cases of child kidnapping, and to strengthen its efforts to raise awareness on birth registration, particularly in rural zones.
International Federation for Human Rights Leagues stressed the importance of accountability for grave violations of human rights, and welcomed efforts made in this regard to strengthen the judiciary’s capacity to investigate and prosecute violations. It expressed concern that the justice system had not been able to ensure justice to most victims of sexual violence perpetrated during the post-electoral crisis.
International Catholic Child Bureau was concerned about sexual abuse and gender-based violence against children, and called on the Government to increase birth-registration, disseminate legal texts and raise the population’s awareness on child violence. It was also important to train social workers and other relevant staff on the rights of the child and to combat child abuse.
Concluding Remarks
Côte d’Ivoire thanked again the Independent Expert as well as all States for their recommendations and constructive interventions. It vowed to continue to pursue the reforms.
MOHAMMED AYAT, Independent Expert on Capacity Building and Technical Cooperation with Côte d’Ivoire in the Field of Human Rights, apologized for any omissions he had made during his oral presentation. This was understandable given the restricted time he had to give his presentation, and this had to be taken into account. The majority of the omissions had been offset by the statements made on the floor. He believed he would be able to answer a number of questions by taking them together. He recalled the important role that Côte d’Ivoire played in the region. This was a sub region characterized by instability, and required a solid backbone: Côte d’Ivoire could play this role. There had been a number of crises which had punctuated the last two decades. But to a certain extent it could be said that the country was rising from its ashes. Progress was gradual. A good look had to be taken into what was being done and what should be done and what should be the priorities. Full implementation of the law on human rights defenders needed to be implemented and civil society was needed in this respect. This was just one example. The international community had a duty to work with and support Côte d’Ivoire, and there was already a movement in the area of economic and human rights cooperation.
The first priority was justice, and here there was political will, which was most important. Another priority was children because they were the country’s hope for the future. Finally, the violation of the rights of women had to stop and this was the third priority.
For use of the information media; not an official record
HRC15/049E