A/HRC/31/78
V. Judicial and constitutional reform
80. Deliberations concerning judicial reforms are proceeding, with possible
amendments to the regulations currently governing the assize courts being debated.
Some potential changes being mentioned include alterations in their structure and
composition, along with the possibility of having an appeal review procedure. The
Independent Expert is pleased to note that judges have been involved in the
discussions on reforms in the justice system.
81. Some texts are still being awaited with some impatience, and the Government is
urged to make an earnest effort to finalize them and have them promulgated withou t
delay. There are three particularly important texts of this nature: (a) a text containing
the wording of the definition of “victim”, which is necessary in order to make an
actual start on the victim compensation phase of the process; (b) a text on victim and
witness protection, which is needed in order to facilitate the trials of persons suspected
of being responsible for the violence of past years and further the reconciliation
process; and (c) the text of the implementing regulations for the law on the protection
of human rights defenders.
82. In his inaugural address, the President announced that the Constitution of Côte
d’Ivoire was to be reformed without delay. The Independent Expert applauds this
initiative, which could strengthen the rule of law by introducing further provisions to
reinforce the country’s democracy. It is also imperative to remove provisions from the
Constitution that have the potential for deepening divisions within Ivorian society,
such as article 35, which establishes the concept of “ivoirité”. It is also important to
ensure that the powers of the different branches of government are balanced and that
the judiciary is and remains independent. This reform effort could also provide an
opportunity to establish the status of some bodies, such as the National Human Rights
Commission of Côte d’Ivoire, as constitutional institutions and to strengthen their
structures and consolidate their independence.
VI. The United Nations Operation in Côte d’Ivoire
83. The Independent Expert wishes to draw attention to the important role played by
the United Nations Operation in Côte d’Ivoire (UNOCI) in providing support for the
smooth running of the presidential elections in accordance with international
standards. He also applauds its staff ’s sustained efforts to increase security and
strengthen respect for human rights in Côte d’Ivoire. It is gratifying to see that the
Security Council, by its resolution 2226 (2015), extended the mandate of UNOCI until
30 June 2016 while it proceeds to downsize. The Independent Expert would like to
reiterate the recommendation that he made in his preceding report (see A/HRC/29/49,
para. 104), since he believes that the withdrawal of UNOCI from Côte d ’Ivoire should
be conducted in a manner that will enable the country to maintain the ground it has
gained in terms of economic and human development and to continue confidently
along that path.
VII. Conclusions and recommendations
A.
Conclusions
84. In the opinion of most of the national and international observers who were
present at the elections, Côte d’Ivoire succeeded in holding presidential elections
that were not marred by violence and that conformed to international standards.
20/23
GE.16-00901
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