A/HRC/23/38
participation of the main opposition party, the FPI, reflects the extent of the political
fragmentation resulting from the protracted political crisis in Côte d’Ivoire. Given their
potential for political rebuilding, the regional and local elections are a worrying sign that
this fragmentation may turn into political polarization. The election schedule, particularly
the 2015 presidential elections, could well encourage political competition rather than
political reconciliation and democratic reconstruction, and a return to the political power
games of the past, the root causes of the violence and longevity of the crisis. Côte d’Ivoire,
and in particular its political classes, is therefore at a crossroads between the acquisition and
retention of power by one political party, and reconciliation and prosperity for its people.
During his meetings with the main political figures, the Independent Expert noted tensions
surrounding these two historic options within each political party. The time has come to
take bold initiatives that, by combining an ethical political approach and a vision for the
nation, will avoid the repetition of recent history, marked as it has been by conflict and
division.
27.
The Independent Expert reiterates his concerns regarding two aspects of the electoral
process, namely the electoral roll, which has not been updated for more than five years,
thus violating the right to vote of more than a million voters who have come of age, and the
structure of the Independent Electoral Commission.
28.
Some of those whom the Independent Expert met expressed reservations about the
Government’s real desire to engage in sincere political dialogue. They accuse the
authorities of using the subject as bait to win over the international community, without
truly intending to comply with Security Council resolution 2062, which calls for enhanced
political dialogue and relevant electoral reforms.
29.
During his meeting with FPI leaders, the Independent Expert was informed of their
concerns regarding electoral violence, the tribalization of the army and the problem of exile
return. They also complain that their property has been confiscated and their assets frozen.
To date, the FPI claims to have recorded around 668 civil and military prisoners.
30.
As prerequisites to dialogue with the Government, the FPI continues to demand a
summit meeting between President Alassane Ouattara and former President Laurent
Gbagbo, a general amnesty, the holding of peaceful elections and reform of the Independent
Electoral Commission.
31.
The Independent Expert notes a number of critical issues requiring urgent action:
there is no consensual legal framework for the functioning of political parties in Côte
d’Ivoire, no agreed status for the opposition and no legislation on the financing of political
parties. The recommendation on the drawing up of a consensual democratic charter is
particularly pertinent in this context.
2.
Administration of justice and combating impunity
32.
Côte d’Ivoire has been encouraged to create and restore competent judicial, police
and prison administration institutions, provide sufficient human and material resources to
the justice system and improve the detention system by releasing perpetrators of minor
offences and trying other detainees promptly and in accordance with recognized due
process.
33.
The Independent Expert recalls that justice is at the heart of democratic
reconstruction and reconciliation. Its central role both reflects a return to the rule of law and
underpins the public’s trust in the legal institutions that are being set up.
34.
The Independent Expert notes that judicial institutions are being established. The
Ivorian Government has implemented a justice sector policy to strengthen the independence
of the judiciary and reform legislation, the Supreme Court, the Supreme Council of Justice
8
GE.13-15028
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