A/HRC/41/35/Add.2
xenophobic propaganda spread by some media outlets, led to thousands of killings, created
hundreds of thousands of internally displaced persons and refugees, and divided the country
into a rebel-held north and a Government-controlled south. Despite the signing of the
Linas-Marcoussis Agreement in January 2003, the declaration of a complete ceasefire in
May 2003, the establishment of United Nations peacekeeping missions and the formation of
a Government of National Reconciliation, violence and serious human rights violations
have continued.
57.
During the visit, the violent undermining of the scope for freedom of opinion and
expression was observed. Obstructions to the work of journalists and on the circulation of
newspapers were recorded in areas under rebel control, while attacks on journalists and
media outlets by pro-government forces were reported as taking place in Abidjan. A deeply
partisan press compounded existing tensions. Instances of incitement to hate and violence
were common. Foreign journalists working in the country regularly received death threats.
58.
The recommendations made subsequent to the visit focused on the need to restore
stability as a baseline from which to build protections around freedom of opinion and
expression. They concerned the implementation of the Linas-Marcoussis Agreement; the
release of persons detained on the basis of their opinions or beliefs; a review of the legal
framework governing media; and cooperation with international organizations. Table 5
contains a summary of the status of implementation of the recommendations.
59.
Much has occurred in the country since the visit, including the outbreak of fresh
violence in 2010 following contested elections. With media outlets supporting either the
newly declared President, Alassane Ouattara, or the former President, Laurent Gbagbo, the
conflict led to at least 3,000 deaths and mass human rights violations committed by all sides.
The violence continued until April 2011, at which time Mr. Ouattara assumed the
Presidency following the arrest of Mr. Gbagbo.
60.
The Special Rapporteur regrets that no submission was received from the Côte
d’Ivoire authorities in support of the present report. He recognizes the challenges entailed
in following up on the visit, given the events that have taken place in the country since the
visit. However, he stresses the value in attempting to understand the effects of the visit at
the time and in engaging in dialogue aimed at the promotion and protection of freedom of
opinion and expression today.
61.
A number of the recommendations were implemented soon after the visit. In
December 2004, new press laws were introduced, decriminalizing some “press offences”
and creating the National Council for Audiovisual Communication and the National Press
Council as regulatory bodies. In 2005, a National Human Rights Commission was
established, beginning operation in January 2007. In 2008, a prohibition against incitement
to hate and violence was incorporated into the Penal Code. While these were positive steps,
several issues would blunt the effectiveness of these measures. Suffering from a lack of
civil society representation and independence, the National Human Rights Commission was
reformed in 2012 and 2018. Concerns as to the independence of the National Press Council
have been raised since its creation, in particular with regard to its actions during 2010–2011
crisis and the fines imposed subsequently on opposition media. Hate speech continues to be
a problem today.
62.
The recommendations made were closely aligned with the Linas-Marcoussis
Agreement, seeking to tackle the underlying factors that enabled or contributed to the
outbreak of violence in 2002. Substantial action was not taken on many of the
recommendations, however, until after the events of 2010–2011. Despite the creation of a
United Nations peacekeeping operation in February 2004, with a mandate to support
investigations into human rights violations, impunity surrounding violations committed
during the conflict in 2002 persisted. Significant progress on the demobilization of militias
was not made until after August 2012. Discriminatory constitutional provisions surrounding
eligibility for the Presidency remained in place until the adoption of a new Constitution on
30 October 2016.
63.
As a result, many of the issues underlying the conflict in 2002, and the limitation on
freedom of opinion and expression during the conflict, were left unaddressed. Widespread
human rights violations, including attacks on press freedoms, continued, and ultimately
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