HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH THE INDEPENDENT EXPERT ON CÔTE D’IVOIRE
The Human Rights Council this afternoon held an interactive dialogue with Mohammed Ayat, the Independent Expert on capacity building and technical cooperation with Côte d’Ivoire in the field of human rights.
Mr. Ayat, speaking about his third visit to Côte d’Ivoire, discussed the recent electoral process and underscored recent progress made on combatting impunity and on transitional justice. Among remaining challenges for the country, he noted the state of the prisons. 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 also apply international standards for the detention of minors, and it was regrettable that, in many cases, juvenile offenders were not separated from adults. He also expressed concerns about cases of violence against women.
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 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.
In the interactive dialogue, speakers praised progress made in Côte d’Ivoire, such as the successful and peaceful elections held recently, while also noting remaining challenges in sectors such as the judiciary. Côte d’Ivoire’s decision to abolish the death penalty was commended. Regional and international issues were also noted, with some delegations expressing concern at the recurrence of terrorist attacks in West Africa, including in Grand Bassam on March 14.
Speaking in the discussion were European Union, South Africa on behalf of the African Group, Nigeria, Maldives, Botswana, China, Togo, United States, Belgium, Sudan, Spain, Gabon, Djibouti, Mali, United Kingdom, Republic of Congo, Ghana , Senegal, Algeria, France, Morocco, and Egypt.
The following non-governmental and civil society organizations took the floor: International Service for Human Rights, World Organization against Torture, International Catholic Bureau for Children, International Federation for Human Rights Leagues, and Rencontre Africaine pour la défense des droits de l’homme.
At 6 p.m., the Human Rights council will hold an interactive dialogue on the oral update of the High Commissioner on the situation of human rights in Ukraine.
Documentation
The Council has before it the report the Independent Expert on the enhancement of capacity building and technical cooperation with Côte d’Ivoire in the field of
human rights (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.
For use of the information media; not an official record
HRC16/049E