A/HRC/17/48
difficulties in obtaining supplies, with grave consequences for the life and health of the
people in those regions as well as for those in the west, where the situation was the same if
not worse.
Right to food, water and housing
86.
The human rights crisis went hand in hand with a humanitarian crisis in which
hundreds of thousands of displaced persons were living in extreme conditions. An
indeterminate number sought refuge in the bush and are still living there. The malnutrition
rate worsened during the crisis, particularly in the west, above all in centres for displaced
persons. The fact that many farmers' seeds were burned together with their houses,
especially in the west, is a great concern for coming months because of the risk of famine.
Moreover, as fighters threw some bodies into wells, especially in the west, the water used
by the local people has become polluted. There are also serious consequences arising from
the fact that mass graves are located near rivers, creating a potential risk of ground
pollution. With regard to the right to housing, the Commission visited the ruins of hundreds
of burned down houses, which had led to the forced displacement of entire communities.
Right of children not to be recruited by armed groups
87.
On the basis of reports gathered and observations on the ground, the Commission
noted that children were associated with armed groups throughout the conflict. The appeal
made by the former Minister of Youth, Mr. Blé Goudé, on 19 March 2011, led to thousands
of young people, including schoolchildren and students, sometimes still minors, to enroll in
militias. The presence of children was also noted at FRCI roadblocks, in particular in
Guiglo, Toulepleu and Bloléquin.
2.
Violations of international humanitarian law
88.
The FDS attack on FAFN positions in Bounta on 23 February marked the beginning
of the armed conflict not of an international character in Côte d'Ivoire. The conflict which
thus pitted FAFN against FDS, along with the various armed groups supporting them,
meets the conditions of applicability of common article 3 of the Geneva Conventions and of
the second Additional Protocol, to both of which Côte d'Ivoire is a party.
89.
The conflict which then set FRCI against FDS loyal to former President Gbagbo
does not, in the Commission's view, constitute a separate conflict but should, rather, be seen
as the continuation of an already ongoing conflict. It is to be noted that the conflict was not
waged throughout the full expanse of the country, so that international humanitarian law
applies solely to the area where an armed conflict not of an international character actually
took place.
90.
The parties to the conflict together with their auxiliary armed forces violated the
provisions of statutory and customary international humanitarian law, in particular the right
to life and to the physical integrity of protected persons; in some cases, the protected
persons were raped and their property plundered. The Commission also noted, in Abidjan
and in other towns in the western and south-western regions, cases of summary executions
of civilians or non-combatants. In other cases, as in the Carrefour district of Duékoué, or in
heavy-weapon attacks against areas of Yopougon or Abobo, armed groups used blind force.
3.
Violations of international criminal law
Crimes against humanity
91.
The information received, the testimony taken and observations on the ground
reflect the seriousness of the violations and crimes committed by the various actors during
GE.11-14375 (EXT)
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