GE.14-10738 (E) 130314 140314
*1410738*
Human Rights Council
Working Group on the Universal Periodic Review Nineteenth session
28 April–9 May 2014
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Côte d’Ivoire
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 3 February 2014 English
Original: French
I. Introduction
1. This report for the second cycle of the universal periodic review is being submitted against the backdrop of a country in the midst of reconstruction and reconciliation following a post-election crisis, both of which are major concerns of the Government of Côte d’Ivoire. With the international community’s support, it is striving to come up with lasting solutions, with due consideration for human rights, in accordance with the commitments made under national law and ratified international legal instruments.
2. Côte d’Ivoire received 147 recommendations for the first cycle of the review on 3 December 2009 and accepted 108. In its written replies of 17 March 2010 (A/HCR/13/9/Add.1/Rev.1), it informed the Human Rights Council of its position on the remaining 39, including two that did not enjoy support.
3. Since the consideration of its report, Côte d’Ivoire has continued its efforts to improve the human rights situation. For that purpose, it not only harmonized some of its national laws but also began to take on and fulfil its international obligations through national and sectoral policies.
4. Despite these efforts, Côte d’Ivoire is still facing challenges in meeting its human rights commitments. The military and political crisis of 2002 and the post-election crisis of 2010 have had a considerable negative impact on its capacity to maintain and build on the achievements made where the observance and enjoyment of those rights are concerned.
These challenges and constraints are set out in chapter IX. The causes of these crises and their impact on human rights is analysed in chapter X.
II. Methodology and consultation process
5. Following the review in 2009, the State established a committee to follow up on the implementation of the recommendations. However, the committee was unable to function, as the post-election crisis was marked by the dissolution of the Independent Electoral Commission and the Government in February 2010 and constituted a major obstacle to the development and dissemination of plans of action to implement the recommendations.
Nevertheless, the Ministry of Justice, Human Rights and Public Freedoms established a forum for dialogue between its services and other State entities by instituting human rights focal points.
6. The National Human Rights Commission held meetings with representatives of civil society in August and November 2013 in order to solicit their views, in accordance with the guidelines of the Human Rights Council.
7. The Ministry established a task force to draft this report.
8. The report was prepared in accordance with the pertinent provisions of Human Rights Council resolutions and decisions, including the annex to resolution 5/1 of 18 June 2007, on institution-building of the Council, the annex to resolution 16/21 of 25 March 2011, on the review of the work and functioning of the Council, and decision 17/119 of 17 June 2011, on the follow-up to Human Rights Council resolution 16/21 with regard to the universal periodic review. It is focused mainly on follow-up and implementation of the recommendations made in the previous review and on changes in the human rights situation in Côte d’Ivoire between 2010 and 2013.
III. Development of the normative and institutional framework
A. Constitution
9. The political system of Côte d’Ivoire is governed by the Constitution of the Republic of Côte d’Ivoire Act, No. 2000-513 of 1 August 2000. The process of political and institutional reform embarked on in early 2012 led the parliament to pass Act No.
2012-1134 of 13 December 2012, under which article 85 bis was introduced into title VI of the Constitution. This constitutional amendment made it possible to ratify the Rome Statute of the International Criminal Court, making Côte d’Ivoire the 122nd State party.
B. National legislation
10. Côte d’Ivoire has developed and adopted a number of new laws to strengthen its national normative framework. They include in particular:
• Act No. 2012-1132 of 13 December 2012 on the establishment, powers, organization and functioning of the National Human Rights Commission of Côte d’Ivoire (recommendations Nos. 6–12);
• Act No. 2012-1134 of 13 December 2012, which introduced article 85 bis, concerning the International Criminal Court, into title VI of the Constitution (recommendation No. 101 (paras. 3–6 and 16)).
C. Policy measures
11. Côte d’Ivoire adopted its National Development Plan on 26 March 2012. The Plan is a framework to bring together all national development policies. It is built on the following six cornerstones:
• Defence, security, justice and rule of law;
• Education, health, employment and social matters;
• Economy, agriculture and the private sector;
• Infrastructure, water, energy and mines;
• Environment, standard of living, housing and public utilities;
• Culture, youth and sport.
12. A national policy to promote and protect human rights is currently being developed by the Ministry of Justice, Human Rights and Public Freedoms.
13. A bill on the protection of human rights defenders, drafted with the close cooperation of civil society, was adopted by the Council of Ministers on 4 September 2013.
D. Ratified international instruments
14. Between 2010 and 2013 Côte d’Ivoire signed and/or ratified several international instruments: see entry 2 of the table showing the status of implementation of the recommendations on international instruments and cooperation with international human rights mechanisms.
1. National Human Rights Commission of Côte d’Ivoire
15. Under Act No. 2012-1132 of 13 December 2012 on the establishment, powers, organization and functioning of the National Human Rights Commission, the Commission is an independent advisory and administrative authority which has been tasked with assisting in the promotion and protection of human rights. Unlike the previous Commission, the new one is in conformity with the Paris Principles (recommendations Nos.
6–12, 16 and 17).
2. Office of the Ombudsman
16. Under title XI of the Constitution, the Ombudsman is an independent administrative authority. For the time being, this institution is governed by Organization Act No. 2007-540 of 1 August 2007, which established the powers, organization and functioning of the mediation body known as the Office of the Ombudsman.
17. Article 7 of the Act confers on the Ombudsman the “mission to settle through mediation, without prejudice to the powers vested in State institutions and organizations by laws and regulations, disagreements and disputes submitted to the President of the Republic for arbitration”.
3. National Press Council
18. Established pursuant to Act No. 2004-643 of 14 December 2004, the Council is an independent administrative authority responsible for monitoring the compliance of press organizations and journalists with the obligations set out under the Press Regulation Act. It has the power to take disciplinary action against print media outlets and professional journalists. It thus ensures that the regulations governing the foundation, assets, resources and professional code of ethics of a press organization and media pluralism are observed.
4. High Authority for Audiovisual Communication
19. The National Audiovisual Council was set up as the High Authority for Audiovisual Communication by Order No. 2011-75 of 30 April 2011. The Authority is an independent administrative authority. Its mission is to guarantee and uphold the freedom and protection of audiovisual communication, ensure that information is handled in accordance with the professional code of ethics, guarantee access to official information and communication bodies, ensure equitable treatment of national institutions, political parties, associations and private citizens and foster and guarantee pluralism in the audiovisual media.
IV. Promotion and protection of human rights on the ground and compliance with international obligations
Right to life
20. Throughout the entire post-election period significant infringements of the right to life were routinely committed. The infringements, including summary executions and enforced disappearances, were done by various actors.
21. The National Commission of Inquiry reported 3,248 cases of infringement of the right to life. Women and children are counted among the victims. Numerous witnesses attest to the fact that people’s throats were slit and pregnant women were raped before
were summarily executed, apparently for political and/or ethnic reasons.
Right to physical integrity and security of the person
22. Violations of these specific rights take on various forms, from torture and ill- treatment to enforced disappearance, rape, assault, death threats and other forms of intimidation.
23. The Commission recorded a significant number of persons who were subject to torture and cruel, inhuman and humiliating treatment.
24. The Commission also recorded 196 cases of rape of women and other sexual assaults. According to the Commission, the number of actual cases had likely been underreported, as rape victims in general had difficulty coming forward.
25. In the course of the inquiries, the Commission documented 8,441 cases of violations of the right to physical integrity and security of the person.
Right to freedom of movement
26. A number of roadblocks manned by armed persons were set up in various districts to prevent the free movement of people. Identity checks were carried out and persons regarded as belonging to the rival camp were prohibited from passing through. In the least serious cases of abuse, the roadblocks were used for racketeering. In other cases, however, they were used for abduction, false imprisonment and summary execution.
27. Violations of the freedom of movement also included frequent curfews imposed by the authorities. In certain towns, organized partisan groups imposed their own measures in violation of the right to freedom of movement (Yopougon, Abobo, Anono, Issia, Koumassi, etc.).
Right to freedom of expression, opinion and information
28. There was an increase in violations of the right to freedom of expression, opinion and information. Examples of such violations include monopolization of State media and subsequent takeover and transformation into instruments of propaganda, news programmes like Raison d’État, bans on international news broadcasts and the occupation of certain newspaper offices.
Right to property
29. Infringements of the right to property during the post-election crisis outnumber any other rights violations: 15,583 cases, or 42.5 per cent of all cases of violations reported to the Commission, involved property rights. The violations take on many forms: carjackings, arson, pillaging of various properties such as homes, businesses and plantations, unlawful appropriation of the property of others and occupation of the homes of certain prominent figures.
30. The damage caused by the looting is extensive. The country’s economy has suffered greatly. Public and private services nearly came to a standstill. Citizens were thus denied various economic and social rights, including the right to work, the right to health and the right to education.
31. The reigning insecurity and numerous roadblocks made it difficult, if not impossible, for patients to reach health facilities. Furthermore, the medical profession was a victim of acts of violence (Cocody University Hospital Centre).
32. Many health facilities and pharmacies were also looted, which reduced the capacity to provide care and supplies of medicine. Furthermore, the authorities’ decision to cut off water and electricity to people from areas controlled by the Forces nouvelles and to impose an economic embargo adversely affected sanitation in the regions.
Right to religious freedom
33. Violations of the right to religious freedom constitute another outward sign of the infringement of the right to freedom of opinion. Political discord has carried over into the religious sphere, thus constituting violations of the right to religious freedom.
34. A number of religious buildings were raided or searched illegally. Mosques were attacked in Grand-Bassam, Abobo and Duékoué. The same happened with the Anyama Major Seminary, the Holy Trinity Parish of Koumassi and the Issia Seminary.
35. Religious leaders have also been victims of acts of violence. Imams were killed in Williamsville, Yopougon (Port Bouët 2) and Duékoué. The curate of the parish of Bloléquin has been reported missing since 2 April 2011.
Right to peaceful assembly
36. During the period under review the authorities banned demonstrations planned by their respective opposition. Despite the bans, supporters of Mr. Ouattara and those of Mr.
Gbagbo organized demonstrations that were sometimes violently suppressed.
V. Cooperation with international human rights mechanisms
37. In accordance with recommendations Nos. 25 and 26, Côte d’Ivoire has taken several courses of action, as set out in the table below.
38. Moreover, Côte d’Ivoire reiterates its readiness to cooperate fully with all special procedures of the Human Rights Council. It has undertaken to review promptly any request by the special procedures for a visit (recommendations Nos. 24 to 27).
39. In fact, following the post-election crisis, it cooperated fully with all the United Nations missions on the human rights situation, in particular the National Commission of Inquiry led by Mr. Vitit Muntarbhorn and the Independent Expert on the situation of human rights in Côte d’Ivoire, Mr. Doudou Diène (who carried out five visits between 2011 and 2013).
40. The organization of the fifty-second session of the African Commission on Human and Peoples’ Rights in October 2012, at which Côte d’Ivoire submitted its initial and combined reports, is yet further proof of the country’s determination to cooperate with international and regional human rights organizations.
41. Furthermore, Côte d’Ivoire is cooperating with the International Criminal Court.
VI. Follow-up and implementation of recommendations and commitments made during the review of 3 December 2009
42. The table below gives a thematic summary of the measures adopted and implemented in Côte d’Ivoire to follow up on the recommendations under the first universal periodic review. It focuses on recommendations that have been accepted and those that have been taken into consideration following the interactive dialogue.
Recommendations Status of implementation Measures/initiatives
1. National laws, institutions, policies and strategies
Impact of the crisis on human rights and national reconciliation 99.1, 99.2, 99.3, 99.16, 99.17,
99.106
Among the political measures taken is the implementation of the Ouagadougou Political Agreement, which gave a boost to the crisis resolution process,
particularly the organization of various elections and the merging of two armies (Forces armées nationales de Côte d’Ivoire and the armed forces of the Forces nouvelles).
Take all necessary steps to implement the outstanding elements of the peace agreement and to complete the electoral process as quickly as possible.
Achieved The peace agreement was carried out as far as the aspects of the election process is concerned.
As part of its efforts to put in place conflict prevention and management mechanisms, the Government organized several training workshops and courses, with the support of the United Nations Operation in Côte d’Ivoire (UNOCI) and certain NGOs, in various towns in the country for civil society and community leaders, including women, young people and religious and customary authorities.
A campaign to raise awareness about the need for social cohesion was also carried out among specific groups in Abidjan and within the country under the National Programme on Community Reintegration and Rehabilitation.
Recommendations Status of implementation Measures/initiatives Continue the policy of national
reconciliation.
In progress The Dialogue, Truth and Reconciliation Commission was established by Order No. 2011-167 of 13 July 2011 to foster national reconciliation. The mission of this independent commission is to work autonomously for reconciliation and greater social cohesion between all communities living in Côte d’Ivoire. Its essential task is to identify violations and their perpetrators and propose redress measures for the victims.
Set up on 28 September 2011, the Commission is representative of all social groups of the population of Côte d’Ivoire, Ivorian nationals living abroad and foreign nationals living in Côte d’Ivoire. The Commission officially submitted its report to the Head of State on 21 November 2013.
A national programme for social cohesion was put in place to sustain reconciliation efforts.
With a view to promoting political dialogue several figures from the former regime who had been incarcerated or placed under house arrest were released and certain obtained the lifting of the freeze on their assets.
The last wave of releases, involving the President of the Front populaire ivoirien (FPI) and Mr. Gbagbo’s son, among others, is likely to reopen political dialogue. The national dialogue was resumed within the permanent forum for dialogue, which brings together the Government and opposition parties. Two bills are worth noting in this context, concerning the status of the opposition and the financing of political parties.
A joint mission led by the Ministry of African Integration and the Ministry of Defence thus made the return of exiled officers and enlisted personnel possible.
To prepare the ground for genuine national reconciliation, the Government organized several missions throughout the country in 2009, 2010 and 2011, particularly in the Centre, North and
Recommendations Status of implementation Measures/initiatives West (CNO) areas.
The President of the National Assembly went to the Gôh region in August 2013 to alleviate the bitterness of the supporters of their “native son,” the former president.
Continue the policy to promote human rights and the rule of law.
In progress With respect to the promotion of human rights and public freedoms, the following measures have been implemented: (i) the publication of a compendium of
international human rights instruments ratified by Côte d’Ivoire; (ii) the establishment of a digital databank including the entire collection of official gazettes from 1959 to 2011; (iii) the organization of a seminar for military and paramilitary forces to build their capacity for observing human rights; (iv) the raising of public awareness about human rights through mobile telephones.
As regards the dissemination of laws and procedures so that the people are better informed of their rights, a publicly accessible digital databank including the entire collection of official gazettes from 1959 to 2011 and all the relevant international conventions is available online, on CD-ROM and in binders.
Displaced persons 99.95, 99.96
Identify and promote awareness among displaced persons of their fundamental rights and cover their basic needs.
In progress During the 2009–2011 period, 5,678 internally displaced persons, 8.56 per cent of them women, were trained and reintegrated into society through income- generating activities. These efforts are being carried on by public and semi- public bodies to this day. For example, the internally displaced persons who voluntarily returned to the Vallée du Bandama have benefited from training in diverse areas (hairdressing, engineering, agriculture, etc.). With the assistance of the International Organization for Migration (IOM) and other humanitarian actors, 1,129 internally displaced persons voluntarily returned to their homes from sites of the Catholic mission of Duékoué and Aboisso. Similarly, IOM rebuilt 300
Recommendations Status of implementation Measures/initiatives homes in western Côte d’Ivoire. Lastly, 1,308 internally displaced persons returned to their various districts in Duékoué in late 2011. Additional budgetary funds amounting to 90 million CFA francs (some 138,000 euros) in humanitarian assistance were authorized as an exceptional measure for the populations affected by the post-election crisis. National and international NGOs and friendly States made donations of food supplies and other basic necessities.
Compensation for victims 99.14, 99.15
Examine the possibilities for developing a legislative
framework for the compensation of war victims.
In progress The main work relating to war victims involves the drafting of a bill on war victim identification and compensation for harm. (The Dialogue, Truth and Reconciliation Commission is responsible for proposing redress measures.)
A bill on wards of the State was currently under consideration by the Government.
Institutional framework
National Human Rights Institution 99.6, 99.7, 99.8, 99.9, 99.10, 99.11, 99.12 Amend the law to establish the
National Human Rights Commission to bring it into compliance with the Paris Principles and seek to have it accredited by the International Coordinating Committee of National Human Rights Institutions.
Achieved The Commission established pursuant to Act No. 2012-1132 of 13 December 2012 is in conformity with the Paris Principles. It is made up of 22 members, 6 of whom sit in a consultative capacity (representatives of government
organizations) and 16 with the right to vote, including 9 voting members from civil society. The new institution was set up on 10 June 2013. It is presided over by Ms. Ezouehu Paulette Badjo.
National policies and strategies
Human rights awareness-raising, education and training 99.18, 99.19, 99.21, 99.22, 99.23, 99.24, 99.65
Participate in UNOCI efforts to fulfil its mandate in this area, develop national human rights
In progress The Government has adopted policies for the protection and promotion of human rights spearheaded by the Ministry of
Recommendations Status of implementation Measures/initiatives education programmes in general
and education programmes on the fundamental rights of women, children and other vulnerable groups in particular for civil servants, public security officers and prison and judicial
authorities and ensure full accountability for any human rights violations.
Justice, Human Rights and Public Freedoms which cover awareness- raising, education and combating impunity. They include capacity-building workshops for military and paramilitary forces (October 2011 and September 2012) and human rights focal points of ministries and public institutions (March and September 2012), the introduction of human rights and citizenship education into the education system beginning in the 2012/13 school year and the training of human rights and citizenship
education trainers at the National Teaching Institute for Technical and Vocational Education and the National Higher Institute for the Arts and Cultural Activities.
2. International human rights instruments and cooperation with international mechanisms 99.25, 99.26, 99.104 99.105, 99.107, 99.108
Improve cooperation with the United Nations treaty bodies by agreeing on timelines for
submitting overdue reports and, if necessary, identify needs for assistance for that purpose; fight crime, sexual violence and child trafficking in accordance with international standards.
Achieved The combined initial and second and third periodic reports to the Committee on the Elimination of All Forms of Discrimination against Women were submitted on 7 September 2010 and presented on 14 October 2011 in Geneva.
The initial report to the Human Rights Committee was submitted on 19 March 2013.
Note: In order to show its willingness to cooperate with monitoring mechanisms for the implementation of instruments to which Côte d’Ivoire is a party, the State submitted its initial and combined periodic reports (covering 1992 to 2012) to the African Commission on Human and People’s Rights in June 2012 The report was presented at the fifty-second session of the Commission on 11 and 12 October 2012 in Yamoussoukro in Côte d’Ivoire.
Seek technical assistance from the international community
Achieved During the period under consideration, Côte d’Ivoire benefited from the support of a number of multilateral and bilateral partners in various fields, including from the United Nations system: International Monetary Fund (IMF), World Bank,
Recommendations Status of implementation Measures/initiatives United Nations Development
Programme (UNDP), UNOCI, United Nations Children’s Fund (UNICEF), World Health Organization (WHO), United Nations Population Fund (UNFPA), Islamic Development Bank (IDB) (roads), European Union, African Development Bank (ADB), Office of the United Nations High Commissioner for Refugees (UNHCR) (birth registration), International Organization of la
Francophonie (OIF) (capacity-building), chancelleries, etc.
Universal periodic review
99.97, 99.98, 99.101, 99.102, 99.103, 99.99, 99.100 Continue close cooperation with
various stakeholders and non- governmental organizations and design and carry out a national programme for the
implementation of the recommendations.
Achieved As indicated above, a committee to follow up on the recommendations made under the universal periodic review serves as a forum for exchanges between civil society and the Ministry of Justice, Human Rights and Public Freedoms. The committee enjoys the support of the Ministry in seeking funding and organizing activities.
In addition, the Ministry regularly represents the Government in all civil society activities relating to the universal periodic review.
Seek technical and financial assistance from the international community, in particular United Nations organs and programmes, for the implementation of the universal periodic review.
Achieved Under the periodic review (Follow-up and implementation of
recommendations), Côte d’Ivoire has enjoyed the support of the international community, particularly the many forms of support provided by UNOCI, OIF and international NGOs such as the
International Service for Human Rights and the Equitas International Centre for Human Rights Education.
Signatures, Ratifications Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
101.1
Noted1 Implemented
The instrument was ratified in March 2012.
Recommendations Status of implementation Measures/initiatives
Rome Statute
101.3, 101.4, 101.5, 101.6, 101.1, 101.16
Noted Implemented
The instrument was ratified in January 2013.
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment 101.7, 101.8, 101.9, 101.10, 101.16
Noted
Convention on the Rights of Persons with Disabilities 101.10, 101.16
Noted Implemented
Decree No. 2013-539 of 30 July 2013 on ratification of the Convention on the Rights of Persons with Disabilities.
Protocols to the International Covenant on Civil and Political Rights
101.11, 101.16
Noted Implemented
Côte d’Ivoire is a de jure abolitionist State. The death penalty is prohibited by the Constitution. The First Optional Protocol to the Covenant was ratified on 5 March 1997.
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
101.11
Noted
Not implemented
International Convention for the Protection of All Persons from Enforced Disappearance 101.12, 101.17
Noted
Not implemented
Optional Protocols to the Convention on the Rights of the Child
101.13, 101.14, 101.15, 101.16, 101.19
Noted Implemented
Decree No. 2011-220 of 7 September 2011 to ratify and publish the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
Optional Protocol to the Convention on the involvement of children in armed conflict, ratified on 7 September 2011.
Recommendations Status of implementation Measures/initiatives International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families 101.13
Noted
Not implemented
Convention relating to the Status of Stateless Persons 101.13, 101.17, 101.20, 101.21
Implemented Decree No. 2013-650 of 13 September 2013 to ratify the Convention relating to the Status of Stateless Persons, signed on 28 September 1954 in New York.
Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol 101.2, 101.22
Noted Implemented
Accession to the Protocol on 20 January 2012.
Grant the National Committee to Combat Violence against Women and Children created in 2000 investigative powers
101.23
Noted
Cooperation with the International Criminal Court Authorize the Prosecutor of the
International Criminal Court to conduct a mission in Côte d’Ivoire and allow for a mission to the Office of the Prosecutor of the International Criminal Court to undertake investigations into acts committed in the country after the events of September 2002.
101.33, 101.34
Noted Côte d’Ivoire maintains its position as set out in document
A/HRC/13/9/Add./Rev.1 and remains committed to analysing requests for visits. (Recommendations Nos. 33 and 34.)
3. Governance (democracy, elections, justice system, transparency and fight against corruption and impunity)
Justice system
99.4, 99.5, 99.63, 99.64, 99.66, 99.67, 99.68, 99.69 Speed up the implementation of
the Rural Land Act and take steps to inform the public about its provisions.
Implemented Act No. 2013 of 13 September 2013 on the time frame for setting down customary rights to customary property land, amending article 6 of Act No. 98- 750 of 23 December 1998 relating to rural land, as amended by Act 2004-412 of 14 August 2004. Under this new law, the Government has undertaken to
Recommendations Status of implementation Measures/initiatives resolve problems involving rural land promptly. Members of parliament in particular are currently mounting public awareness campaigns to explain to the people how this law is being applied. A national rural land security programme has been put in place.
Finalize the ongoing legislative reforms, particularly those related to family law, the Criminal Code and the Code of Criminal Procedure. Improve the
efficiency of the judicial system;
strengthen and harmonize the child protection legal framework.
Implemented The household is to be headed jointly by the spouses under article 58 of Act No.
2013-33 of 25 January 2013, repealing article 53 and amending articles 58, 59, 60 and 67 of Act 64-375 of 7 October 1964 on marriage, as amended by Act No. 83-800 of 2 August 1983 aimed at the establishment of equality between men and women.
A panel of experts is responsible for considering a reform of the Criminal Code and Code of Criminal Procedure so as to bring it into conformity with the provisions contained in the relevant ratified international instruments.
Commit to establishing judicial procedures that uphold the rights of those accused of crimes and sent to court.
In progress The Code of Criminal Procedures provides for a detention period for minor offences (6 months at the most) and criminal offences (18 months at the most). The accused are granted a release automatically if they are held for a longer period. (arts. 138 and 139).
Improve citizens’ access to justice by reviewing legal aid procedures and the establishment of new courts.
Implemented A reform aimed at building up the network of legal aid services is under way. Two courts (Issia and Guiglo) were inaugurated in 2013 and work has started on 10 others.
Establish a juvenile justice system to guarantee the
protection of the rights of minors.
In progress Minors benefit from judicial protection in Côte d’Ivoire through special courts (juvenile court judge, juvenile court, juvenile assize courts). All courts and court divisions have a juvenile court judge and juvenile court. All courts are provided with youth offending teams responsible for helping in the
reintegration of minors. They are helped by social workers.
101.31
Legislative, judicial and prison reform, capacity-building in the
Implemented Justice is accessible to all. Judges are trained to render fair and impartial
Recommendations Status of implementation Measures/initiatives administration of justice,
transparency and access to justice for all Ivorians, without
discrimination based on resources.
judgements. Courts are operating throughout the country. A programme called “ProJustice” backed by the United States Agency for International
Development (USAID) is under way to give people in need access to legal aid and justice services throughout the country.
Impunity
99.32, 99.33, 99.6, 99.70, 99.71
Combat summary executions. Noted Implemented
The State has taken security measures to protect the population by increasing the number of police units and monitoring men under arms more rigorously. In addition, the State has begun to disarm gangs and militia groups to quarter military forces in barracks. The law has been restored throughout the country.
Fight impunity. Implemented The National Commission of Inquiry established pursuant to Decree No. 2011- 176 of 20 July 2011 and the special investigation unit (Decree No.
020/MEMJ/DSJRH/MEF of 24 June 2011) were set up to search for, find and punish human rights offenders. The National Commission of Inquiry submitted its report on 8 August 2012.
Judicial inquiries are still under way.
State-funded exhumations have been carried out in order to help to document human rights violations. Certain human rights offenders caught in the act were tried and convicted. The will of the State to combat impunity is shown by the recent conviction of the Commander of the Forces républicaines de Côte d’Ivoire (FRCI) of Vavoua and two of his brothers in arms for murder and being an accessory to murder, the transfer of former president Laurent Gbagbo to the International Criminal Court and the arrest of the militia head Amadé Ouérémi.
101.32
Investigate and prosecute the cases of serious human rights violations that occurred during
Noted Implemented
A non-judicial investigation was carried out by the Ministry of Justice, Human Rights and Public Freedoms and the
Recommendations Status of implementation Measures/initiatives the fighting in 2002 and 2003. results of the investigation were
published.
Elections
99.74, 99.75, 99.76, 99.77 Guarantee the free, open and transparent nature of future presidential elections and cooperation with the Independent Electoral Commission.
Elections took place in the aftermath of the crisis. Leaving aside the presidential elections, the legislative, regional and municipal elections on the whole ran rather smoothly despite the formal absence of the Front populaire ivoirien (FPI).
4. Civil and political rights
Deprivation of liberty/Conditions of detention 99.52, 99.53, 99.54, 99.55, 99.56, 99.57
Improve conditions of detention. Implemented A judge responsible for supervising the serving of sentences was appointed for every court of first instance.
Food rations have gone from 160 CFA francs per prisoner every day to 420 CFA francs. Under the presidential emergency programme and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) and European Union projects, prisons and places of detention (police stations, gendarmeries) have been rehabilitated. There are plans to build 10 new prisons that meet international standards, with an accommodation capacity of 300 to 500 beds.
Nurses are on staff at all detention facilities. The Centre for Monitoring Minors at the Abidjan Detention and Correction Centre (MACA) was rehabilitated and supplied with equipment.
Investigate deaths in detention and bring those responsible to justice.
Implemented Every reported death in detention is put under judicial investigation.
Separate minors, women and men in detention facilities.
Partly implemented. The majority of prisons are provided with separate facilities for minors, women and men. (Abidjan, Dabou, Aboisso, Bassam, Agboville, etc.)
Recommendations Status of implementation Measures/initiatives Put an end to arbitrary arrests. In progress While there were reports of arbitrary
arrests during the post-election crisis, it should be noted that there are fewer and fewer such arrests as courts have opened and discipline within security forces has been restored with the help of numerous training sessions. The establishment of the Protection Office within the Ministry of Justice, Human Rights and Public Freedoms has helped to lower the number of cases of arbitrary arrest.
Equality and non-discrimination 99.27, 99.28, 99.29, 99.30
Reform programmes and launch information campaigns to promote tolerance and respect for all persons and guarantee the right to privacy and non- discrimination.
Implemented Television and radio programmes have been elaborated and broadcast
throughout the country. Large hoardings have been put up in major rural and urban areas. Community-based campaigns have been conducted, with the support of UNOCI, Nestlé, the United States Embassy and the State through the National Committee for the Oversight of Actions to Combat Child Trafficking, Exploitation and Labour, headed by the First Lady, Ms.
Dominique Ouattara.
Abolish all forms of
discrimination against women.
Partly implemented Act No. 2013-33 of 25 January 2013 on marriage places equal parental
responsibilities on men and women. The notion of head of the family deemed to be discriminatory is repealed.
A bill on increasing women’s
representation is before the appropriate decision-making bodies. There are ongoing efforts to end gender discrimination.
Tackle discrimination on grounds of sexual orientation and gender identity.
Not implemented There is no prohibition under the law of any relations between consenting adults in Côte d’Ivoire. Nevertheless, people’s attitudes are such that they cannot accept official recognition of same-sex
relations.
Protect women, children and persons with disabilities.
Achieved National laws protect women, children and persons with disabilities. Ministries make every effort to improve their status through specific programmes. (National programme to combat gender-based
Recommendations Status of implementation Measures/initiatives violence, law to prohibit female circumcision, National Committee for the Oversight of Actions to Combat Child Trafficking, Exploitation and Labour, law on child pornography, etc.) 101.28
Put into practice specific programmes to raise awareness about discrimination on grounds of gender identity and sexual orientation and guarantee respect for privacy.
Rejected
Freedom of expression and opinion 99.73
Investigate and prosecute cases of offences against human rights defenders and journalists.
In progress The investigation into the disappearance of Guy-André Kieffer, a French
Canadian journalist, is currently under way. The French and Ivorian justice systems are closely collaborating on the matter. To date, no human rights defenders or journalists have been harassed in their official capacity.
Furthermore, a bill to provide them with protection was adopted by the Council of Ministers on 4 September 2013.
5. Economic, social and cultural rights Right to an adequate standard of living Equitable distribution of wealth 99.31
Ensure that the nation’s wealth is equitably distributed to address any imbalances in and among the regions.
In progress The establishment of the National Development Programme is a medium- and long-term response to issues relating to regional imbalances. In the short term, the presidential emergency programme has helped to provide immediate solutions to serious problems faced by the population (e.g. the connection of the city of Bouna with the water and electricity network, road repairs and the restoration of hospitals in the former Central, North and West areas, etc.).
Fight against poverty and unemployment 99.13, 99.80, 99.81, 99.88, 99.89, 99.90, 99.94
Recommendations Status of implementation Measures/initiatives Consolidate the rule of law and
fight poverty and unemployment.
Formulate more effective development strategies and programmes.
Reduce poverty and create jobs, in particular for the young and people living in rural areas.
In progress Côte d’Ivoire developed the National Development Plan for 2012–2015 in order to combat poverty and foster development. A number of employment programmes have been put in place under the plan, including the Service Delivery Platform and the Job-Creation Initiatives Development Programme. As far as taking on graduates is concerned, the Government has allocated significant funds for the employment of some 8,435 persons in the education (4,535) and health (3,900) sectors. This has led to improvement in the social development indicators relating to reaching the Millennium Development Goals.
Between 2009 and 2011, with the support of partners, Côte d’Ivoire implemented various projects to integrate or reintegrate young people into the world of work. They include in particular the Post-Conflict Assistance Project of the Authority for Disarmament, Demobilization and Reintegration and the National Civic Service Programme.
There is also labour-intensive public works. In addition, under a public- private partnership the State has
embarked on the so-called YAANOVEL project to set up agricultural cooperatives in the District of Yamoussoukro. The project will generate 60,000 jobs (15,000 directly and 45,000 indirectly).
Furthermore, some departments such as the Ministry of Youth have a fund for poverty reduction efforts.
In total, these projects and programmes have resulted in the social and economic reintegration of 38,241 persons (former combatants and former members of vigilante groups). Moreover, 7,584 young persons at risk who have received training are expected to be rehabilitated.
Today, the minimum wage has nearly doubled, from 36,607 to 60,000 CFA francs.
A tripartite initiative to establish a new code of work aims to reduce job insecurity and afford opportunities for
Recommendations Status of implementation Measures/initiatives career advancement for workers and tax breaks for businesses that provide training to graduates.
Improve access to social services. In progress As regards social services, Côte d’Ivoire has introduced a policy of free care for pregnant women and children under 5 years of age. A number of schools have been created and thousands of teachers have been recruited to tackle the education crisis.
For example, the gross school
employment rate improved between the 2008/09 and 2011/12 school years, with an increase of about 5 percentage points.
Cooperate with the international community.
Implemented Côte d’Ivoire cooperates with the international community in every field, particularly with the United Nations system, including IMF, UNDP, UNOCI, UNICEF, WHO, UNFPA, IDB (roads) and others, and also with the European Union, ADB, UNHCR (birth
registration), chancelleries, etc.
101.39
Devote more resources to national development plans to ensure that the people are able to exercise their essential economic and social rights to the fullest.
Noted Implemented
Since 2012, significant funds have been spent on improving the living conditions of the people (job creation, building of schools, health centres and roads, drilling for drinking water, etc.).
Sustainable development 99.78
Implement a national strategy for sustainable development.
Implemented A national strategy for sustainable development was adopted in Côte d’Ivoire in September 2011. Its implementation falls to the Department of Sustainable Development, established pursuant to Ministry of the Environment and Sustainable Development
Organization Decree, No. 2011-432 of 30 November 2011. Among the
noteworthy measures taken is the Plastic Bag Prohibition Decree, No. 2013-327 of 22 May 2013, which will come into force in 2014. Public awareness media
campaigns are currently under way.
Following the Rio+20 Conference in June 2010, Côte d’Ivoire made a firm
Recommendations Status of implementation Measures/initiatives commitment to sustainable development by building a green economy. For example, it has:
• Organized reforestation campaigns;
• Rehabilitated forests classified as degraded by the crisis;
• Begun to evacuate people who occupy classified forests unlawfully;
• Increased the number forest protection staff.
99.79
Continue efforts to achieve the Millennium Declaration Goals.
In progress The tasks undertaken under the
presidential emergency programme (road and hospital construction, drinking water for all, etc.) have played their part in making headway on the Goals.
Right to health
99.82, 99.83, 99.84, 99.85, 99.86 Continue efforts towards
ensuring the access of all citizens to health.
Implemented The State was involved in improving the effectiveness and efficiency of the health-care system between 2009 and 2013.
The State has taken steps to build a stronger institutional framework for the health-care system.
A national health policy document was drawn up in 2011. A technical working group on the Campaign on Accelerated Reduction of Maternal Mortality in Africa, established pursuant to a ministerial decree, has been running since 2013. The State introduced free targeted public obstetric health-care services, including caesarean deliveries, and care for children under 5 years of age.
The cost of a doctor’s visit has been cut in half. Treated mosquito nets were distributed throughout the country in 2011 and 2012. The operation to distribute mosquito nets is being carried on with women who are pregnant or have recently given birth and children under 5 years of age. The Government has expanded the technical capacity of
Recommendations Status of implementation Measures/initiatives the Cocody University Hospital Centre to cover organ transplant operations on an inpatient basis. A viral hepatitis treatment programme is currently under way. A hospital specifically for mothers and children is under construction in Bingerville. The decree to establish a national renal failure prevention and treatment centre was adopted by the Council of Ministers on 17 October 2012.
Continue to fight HIV/AIDS among vulnerable groups with the support and cooperation of the international community.
Implemented The national health development plan and the Millennium Development Goals Acceleration Framework are being developed.
Two HIV/AIDS prevention and care facilities have been rehabilitated and equipped and are now operational in Bouaké and Man.
More than 10,000 young people have been made aware of and been covered by HIV/AIDS crisis centres and other youth support organizations.
With the support of the United Nations system, a large number of HIV-infected pregnant women have received
antiretroviral treatment to prevent mother-to-child transmission. In 2010, 45 per cent of the prevention of mother- to-child service delivery points were thus back up and running.
The efforts to improve the quality and accessibility of care of persons infected with and/or affected by HIV/AIDS have involved strengthening the institutional framework with the development of national plans to care for HIV/AIDS patients.
A preliminary bill on the protection of the rights of persons infected or affected by HIV/AIDS and inclusion of
HIV/AIDS in contingency planning for humanitarian assistance was pending adoption. The Government efforts have resulted in a drop in the prevalence rate by half (to some 4 per cent).
