A/HRC/42/6
justice had raised women’s and girls’ awareness of the possibility of going to a legal clinic
to report attacks on them, so that the perpetrators of such crimes could be prosecuted and
convicted. With the same purpose in mind, and indeed to go a step further, the draft
criminal code adopted by the Council of Ministers on 10 April 2019 explicitly defined rape
and established marital rape and domestic violence as separate criminal offences.
63.
With respect to the questions concerning national reconciliation and the 2020
presidential election, the Minister of State noted that, in order to ensure an inclusive,
transparent and peaceful electoral process, the Government was continuing the political
dialogue with the various stakeholders. It was also considering reform of the Independent
Electoral Commission. To this end, the discussions initiated by the Government in January
2019 with political parties and groups and civil society organizations had led to the
establishment of a committee.
64.
With regard to freedom of expression, the Minister of State pointed out that article
19 of the Ivorian Constitution enshrined freedom of expression and guaranteed the right of
everyone to express and disseminate their ideas freely. In addition, the Press Regulation Act
of 2017 strengthened the principle of the decriminalization of press offences, as set forth in
the Act of 2004, by excluding police custody, pretrial detention and prison sentences for
offences committed using the press or any other means of publication. However, it was
recalled that these freedoms had to be exercised with respect for the law, the rights of
others, national security and public order.
65.
On the question of the independence of the judiciary, the Minister of State explained
that it was guaranteed by the Constitution, which explicitly proclaimed the independence of
the judiciary and the principle of the irremovability of judges, who, in the performance of
their duties, were subject only to the authority of the law. In order to bolster this
independence, the High Council of the Judiciary would now be chaired by a senior judge,
rather than the President of the Republic, as was previously the case.
66.
With regard to the rights of children, the Minister of State recalled that Côte d’Ivoire
was a party to the main international and regional instruments for the protection of those
rights. Concerning the registration of information relating to civil status, especially births,
several measures had been taken by Côte d’Ivoire in November 2018 to guarantee this
right, namely the Civil Status Act and the law that established a special procedure for the
declaration of births, the restoration of identity and the transcription of birth certificates.
67.
With respect to the fight against trafficking in persons, modern slavery and forced
labour, the Minister of State explained that, in 2017, the Ivorian Government had passed the
Trafficking in Persons Act, which criminalized forced labour, modern slavery and
commercial sexual exploitation, and the Smuggling of Migrants Act. Furthermore, the
National Committee to Combat Trafficking in Persons had been established and was
operational.
68.
In terms of the national mechanisms responsible for implementation, reporting and
monitoring, the Minister of State pointed out that Côte d’Ivoire had had such a mechanism
in place since 2001, in the form of the Interministerial Committee Monitoring the
Implementation of International Human Rights Instruments. The establishment of the
Committee had made it possible to centralize information, facilitate its processing and
enable the preparation and drafting of the present report under the universal periodic review
process.
69.
With regard to pretrial detention measures and the separation of children from adults
in places of detention, the Minister of State noted that the first issue was being addressed by
the Government, particularly with respect to bringing prison facilities into line with the
aforementioned international instruments. With regard to the second issue, in Côte d’Ivoire,
the rules of pretrial detention applicable to children were different from those applicable to
adults.
70.
Jordan congratulated Côte d’Ivoire on the adoption of its new Constitution.
71.
Latvia encouraged Côte d’Ivoire to increase its efforts to fulfil its human rights
obligations and commitments.
6
GE.19-11244
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents