A/HRC/17/48
V.
Responsibilities
A.
Responsibility of the Ivorian State
108. The aforementioned serious human rights violations committed by military and
security forces, alone or in association with the non-State actors identified above, create
responsibilities and obligations for the Ivorian State with regard to the victims of those
violations. These obligations derive from the conventions already referred to above and
from international customary law.
109. The prime responsibility of the State is to protect the population against serious
violations of human rights. The Ivorian forces, alone or with the added strength of nonState combatants, showed not only that they had been incapable of protecting the
population but also, in some cases, that they were directly responsible for certain violations.
According to numerous reports, the following FDS units were concerned:
• Garde républicaine;
• CECOS;
• CRS;
• BAE;
• BASA;
• BCP;
• FUMACO.
110. Later, as they gradually gained control of the various towns, elements of the FRCI
committed human rights violations.
111. Subsequently, the State has the responsibility to undertake prompt and effective
investigations and to bring to justice those who committed the serious human rights
violations identified. The Commission notes that steps have already been taken by the
Ivorian Government. It nevertheless stresses that it has not as yet been informed of effective
procedures against elements of FRCI accused of human rights violations.
112. Although there is still some dispute about the content of the right to truth, it is
nevertheless generally agreed that families have the right to know what happened to those
of their members who have disappeared. The process set in motion to set up a Dialogue,
Truth and Reconciliation Commission is a first step in this direction.
113. The State also has the obligation to guarantee that the violations committed will not
recur. To that end, Côte d'Ivoire should in particular, and as a matter of urgency, unify the
chain of command of FRCI and reform the security services.
114. A further obligation that falls to the Ivorian Government following the post-electoral
events concerns “adequate, effective and prompt reparation” for the harm suffered by the
victims.
B.
Responsibility of non-State actors and individual responsibilities
115. The Commission considers that the serious and massive violations of human rights
and international humanitarian law described in the report and committed by non-State
groups engage the individual responsibility of their sponsors.
GE.11-14375 (EXT)
23
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