A/HRC/18/52
DTRC, the swift appointment of the president of the DTRC and the adoption of the terms of
reference of the Commission without prior consultation with the stakeholders.
33.
Given the positive collaboration with the Government, the legal and institutional
framework of the Commission can still be improved, including through the drafting of the
rules and regulations of the Commission and the preparation of the relevant operational
guidelines. OHCHR recommended the organization of national consultations to boost the
legitimacy of the Commission and ensure ownership of the process by Ivorians. In addition,
it was suggested that a conference on transitional justice would provide a platform for more
consultations in order to seek the views of various stakeholders on transitional justice
options and to share information on international standards and good practices from the
region in the area of transitional justice.
34.
The International Criminal Court, in response to a formal request made by President
Ouattara in May 2011, sent a delegation to Côte d’Ivoire headed by the Deputy Prosecutor.
The delegation signed a judicial cooperation agreement with the Government that would
allow the Office of the Prosecutor to conduct investigations into war crimes and crimes
against humanity committed since 28 November 2010. The delegation also held separate
consultations with various stakeholders. Prior to this visit and pursuant to Article 15 of the
Rome Statute on the International Criminal Court (ICC), the Chief Prosecutor requested
authorization from ICC judges to open an investigation into war crimes and crimes against
humanity allegedly perpetrated in Côte d’Ivoire since 28 November 2010. On 17 June, the
ICC Chief Prosecutor gave public notice that victims of the post-election violence have 30
days to submit testimonies to the court.
35.
The way in which justice is administered is essential to the promotion and protection
of human rights and the rule of law. A number of stakeholders have referred to the
difficulties that can arise from selective prosecutions and how these can undermine the
perception of fairness. The success of current initiatives designed to address impunity in
Côte d’Ivoire will be tested by whether the process was fair, not by the number of
prosecutions or convictions. The impartiality of the process will not only guarantee respect
for the rights of the accused but will enhance efforts aimed at national reconciliation.
36.
In this regard, it is essential to ensure justice for victims of all sides of the conflict.
President Ouattara has consistently expressed his commitment to fight against impunity in a
fair and balanced way by pursuing all the perpetrators regardless of their status or political
affiliation. There is a need to ensure that investigations are opened into the allegations of
gross human rights violations committed by the members of the FRCI. Similarly, the
ongoing efforts to end impunity in Côte d’Ivoire, undertaken both at the national and the
international levels, should also be extended to international crimes and gross human rights
violations committed in the country since 19 September 2002. They were documented by
the 2004 International Commission of Inquiry set up by the United Nations to investigate
violations of human rights and international humanitarian law in Côte d’Ivoire since the
events of 19 September 2002.
VIII.
A.
Conclusion and recommendations
Conclusion
37.
While efforts are being undertaken to enhance national reconciliation and
social cohesion, Côte d’Ivoire continues to face serious human rights challenges.
Impunity of FRCI members for human rights violations is of particular concern. The
justice system is not fully operational and the transitional justice process is nascent.
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents