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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