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

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