A/HRC/31/78 42. It is nonetheless advisable to draw a distinction between t wo periods: the election campaign itself and the period that preceded that campaign. 1. During the election campaign 43. During the election campaign itself, the Human Rights Division of UNOCI noted that public demonstrations and meetings held by the opposition proceeded peacefully and as planned. Peaceful, public demonstrations and meetings are the outcome of the combined efforts of two main groups: on the one hand, there are the people who participate in demonstrations or assemblies, who must adhere to the applicable laws and regulations and exercise self-discipline in order to avoid any outbursts that could constitute a threat to public safety, and, on the other hand, there are the public authorities, who should safeguard people’s right to demonstrate and to participate in peaceful public assemblies and should provide appropriate instructions to avert any outbreak of violence. Peaceful public assemblies and demonstrations are a hallmark of maturity on the part of the population and of a responsible atti tude and adherence to international standards on the part of the authorities. 2. Prior to the election campaign 44. In contrast, during the pre-campaign period, the UNOCI Human Rights Division, which is responsible for monitoring the human rights situation in the country on an ongoing basis, observed that some opposition demonstrations had been banned and that a number of people, some of whom belonged to the opposition, had been arrested. The Independent Expert brought these incidents up with the authorities and inquired about the reasons behind them. The authorities responded that there had been violent demonstrations and that a call for street protests had been made following the publication of the list of presidential candidates. Disturbances had broke n out in the Department of Gagnoa, and specifically in Logouata, in the wake of demonstrations organized for 10 September by the National Youth Coalition for Change. 45. Demonstrators were protesting the candidacy of the incumbent, President Alassane Ouattara, whose Ivorian nationality had been called into doubt in some quarters on the basis of the concept of “ivoirité” (Ivorian identity). The disturbances led to the death of three persons and caused serious material damage, with properties being burned down in Bayota, Logouata and Ouragahio. Unrest had also broken out in Bonoua and Youpougon, a district of Abidjan. These incidents had put local and national authorities on the alert, especially given what had happened in the past, the imminent security risks that they posed and the fear that they could threaten the country’s still fragile social cohesiveness. 3. The legal regime governing the organization of peaceful demonstrations and public assemblies 46. The Independent Expert has researched the legal regime in Côte d ’Ivoire that governs the right to organize public assemblies and demonstrations. Under that regime, assemblies and demonstrations must be announced in adva nce but the organizers are not required to obtain authorization. If the public authorities determine that an assembly or demonstration could pose a threat to law and order, they may decide to prohibit it. The system is thus a more liberal one than the syst em whereby prior authorization must be obtained by the organizers of public assemblies or demonstrations. The Independent Expert notes that the authorities have both the right and the duty to ensure the safety of the country’s citizens (both those who are demonstrating and those who are not). GE.16-00901 13/23

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