A/HRC/35/43
the committee is mandated to coordinate the Government’s efforts to prevent and respond
to such violence.
37.
On 11 July, UNOCI and the Office of the United Nations High Commissioner for
Human Rights issued a joint report on rape and the punishment of rape in Côte d’Ivoire.
This report presents an analysis of the main patterns identified in respect of the rapes and
attempted rapes committed in Côte d’Ivoire between 1 January 2012 and 31 December
2015, the status of legal proceedings against alleged perpetrators of rape and attempted rape
during this period and the obstacles to prosecuting perpetrators. The Government’s
response has been swift and constructive. On 13 July 2016, two days after the publication
of the report, the Minister of Justice issued a circular on the prosecution of rape to all those
working in the justice system under his authority. In the circular, he requested that they stop
reclassifying cases of rape as indecent assault and asked the judicial authorities to ensure
that investigations were undertaken, including in cases where out-of-court settlements had
been agreed on between the parties or the complaint had been withdrawn. The Independent
Expert welcomes these positive developments and hopes that all those working in the
criminal justice system will respond to them constructively.
38.
A number of new constitutional provisions, adopted in November 2016 and
mentioned later in this report, address the challenge of ratifying the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Optional Protocol to the International Covenant on Civil and Political
Rights. The new provisions also address the need to establish, at the national level, one or
several visiting bodies responsible for preventing torture and other cruel, inhuman or
degrading treatment or punishment, to act as the national preventive mechanism. In that
connection, the Independent Expert welcomes the fact that the Ombudsman of the Republic
of Côte d’Ivoire took the initiative to organize a seminar at which African mediators could
consider the problem of torture and participate more fully in the fight against that practice
in Africa. The seminar took place from 27 February to 1 March 2017.
39.
During his visit in January, the Independent Expert was able to meet representatives
of human rights organizations, the unfailing vitality of which he noted. These organizations,
which all work closely with the National Human Rights Commission of Côte d’Ivoire,
focus their efforts on the protection and promotion of women’s and children’s rights, in
particular the fight against early marriage and the exploitation of girls in domestic work, the
registration of births, girls’ literacy levels and a higher level of representation of women in
decision-making and local government. The Independent Expert also welcomes the efforts
made to protect the rights of persons with albinism and to combat discrimination in access
to education and employment. Concerns over networks of migrant smugglers based in Côte
d’Ivoire also raise a number of questions about civil society and reflect the need for further
investigation into the causes of migration and trafficking in persons and migrants.
V. Transitional justice and national reconciliation
A.
Dialogue, Truth and Reconciliation Commission
40.
The Independent Expert welcomes the publication, in October 2016, of the report of
the Dialogue, Truth and Reconciliation Commission and encourages activities to raise
awareness of its content at a national level. The report, which was two years overdue,
summarizes the root causes of the crisis in Côte d’Ivoire, highlighting the issue of land
ownership, shortcomings in the democratic process, the lack of justice and security,
poverty, gender inequality, the poor functioning of the education system and the failings of
the media. Alongside more general observations, the fourth part of the report contains
specific recommendations on each of the root causes of the crisis and the criteria governing
reparation.
41.
At a political level, the report contained the following recommendations: (a) days of
remembrance and forgiveness should be held, on which persons who know that they bear
some responsibility, including moral responsibility, for the occurrence of the main crises,
and who are willing to do so, can ask the nation for forgiveness; (b) dialogue days, initiated
GE.17-08076
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents