A/HRC/35/43
seized the favourable opportunity offered by the reform to turn the Commission into a
constitutional institution.
65.
According to information provided by the Ministry of Justice, Human Rights and
Civil Liberties, the reform of the standard legislative texts, including the Civil Code,
Criminal Code and Code of Criminal Procedure, is not yet completed but has reached a
very advanced stage. The Ministry intends to submit several texts on judicial reforms when
the parliament reconvenes. These include the reform of the assize court, the definition of
certain offences contained in the Criminal Code and the establishment of alternatives to
imprisonment for the punishment of minor offences. With regard to the revised definition
of rape, the Independent Expert emphasizes that it should provide for the protection of all
victims of sexual abuse, in line with the most comprehensive comparable national and
international jurisprudence.
66.
The Independent Expert notes with satisfaction the adoption of the circular issued by
the Minister of Justice, Human Rights and Civil Liberties on 4 August 2016 on the
procedure for dealing with complaints of gender-based violence. The circular draws judges’
attention to the seriousness of rape and recommends that they should reconsider the
common practice of trying it as a minor offence.
67.
The Independent Expert reiterates the urgent need to adopt a range of robust witness
protection measures in the criminal justice system. He also emphasizes that the adoption of
legislation on the protection of human rights defenders is a significant regulatory step
forward that will strengthen the role of civil society in the promotion of human rights.
However, any progress made in this regard will have its full effect only once it is
accompanied by the appropriate legal framework. On 22 February 2017, the Council of
Ministers adopted a decree implementing Act No. 2014-388 of 20 June 2014 on the
protection of human rights defenders in Côte d’Ivoire. Its registration for publication in the
Official Gazette should then lead to its effective implementation.
VIII. Conclusion and recommendations
A.
Conclusion
68.
The fifth and penultimate mission of the Independent Expert in Côte d’Ivoire
followed on from his previous missions, in accordance with his mandate to support
Côte d’Ivoire in moving towards greater respect for human rights and promoting
their advancement. The aim of his sixth and final mission will be to bring the
information in his possession up to date and to contribute to the interactive dialogue
with Member States of the Human Rights Council at its thirty-fifth session, to be held
in June 2017. This conclusion aims to sum up the recommendations made by the
Independent Expert pursuant to his mandate.
69.
The violent crises that have punctuated the history of Côte d’Ivoire since 1999
have had a negative impact on the human rights situation. In general, periods of
armed conflict engender a lawlessness that weakens State structures and threatens the
social fabric, which is weakened by antagonism between the opposing sides. The
standards that normally guarantee social coexistence between individuals and groups
are eroded by waves of bigotry and intolerance. When peace returns — usually a slow
and gradual process — those who are minded to put the country back on track have a
long road ahead of them. The return to human and economic development must be
based on solid foundations that respect human rights.
70.
The responsibility to observe and promote human rights lies with each State,
which has sovereignty over its own territory. When States accede to international
treaties for the protection and promotion of human rights, they make a commitment
alongside their peers, who can help them align themselves with international
standards. In all these respects, Côte d’Ivoire has, to date, shown itself to be a model
and a success, particularly following the gradual stabilization of the country in the
wake of the painful events of the electoral crisis of 2010-2011.
14
GE.17-08076
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