A/HRC/26/52
5.
Weak commitment by political actors
72.
The national political discourse, which is increasingly characterized by partisan
invectives and power struggles, reveals that the situation of victims is not yet seen as
central to the national reconciliation process. The 2014 conference demonstrated that
political actors take a broadly politicized stance towards the situation of victims. It is
therefore urgent to turn the situation of victims into a national cause, drawing on three
elements that underpin a robust national reconciliation process: national solidarity, a
national policy that includes all victims without political, ethnic or religious distinction and
a comprehensive approach that addresses every aspect (social, medical, material,
educational and psychological) of victims’ suffering. The goal is to transform the situation
of victims into the driving force of a national catharsis in order to resolve the root causes of
the crisis and give renewed meaning and substance to the battered humanity of the Ivorian
people.
F.
Guiding principles of an effective reparation policy
73.
The provision of reparation for the victims of the Ivorian crisis requires an
operational framework that legitimizes, structures and maximizes the efforts of the State
and other relevant partners. The suggested reference document is based on the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, set forth in resolution 2005/35 of the Commission on Human Rights
and reproduced in General Assembly resolution 60/147, which suggest guidelines for a
victim assistance policy.
74.
Responsibility – The fundamental principle of State responsibility reflects the
stability of the State in its highest form, as guarantor of the well-being, equality and
security of all citizens, including victims. This inalienable principle entails the State’s
obligation to uphold and enforce ratified international conventions, customary international
law and national law, including the obligation to investigate serious violations of
international human rights law and bring the perpetrators to justice. This responsibility
extends to the violence and omissions of previous political regimes.
75.
Definition – According to the aforementioned basic principles and guidelines:
“[V]ictims are persons who individually or collectively suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or omissions that constitute
gross violations of international human rights law, or serious violations of
international humanitarian law. Where appropriate, and in accordance with domestic
law, the term ‘victim’ also includes the immediate family or dependants of the direct
victim and persons who have suffered harm in intervening to assist victims in
distress or to prevent victimization.” (A/RES/60/147, Annex, para. 8.)
This comprehensive definition effectively prohibits the State from discriminating against
perpetrators or victims on grounds of their ethnicity, religion, political affiliation or social
background.
76.
Access to justice, remedy and assistance – Victims should have access to justice, i.e.
an effective remedy, relevant information, counsel and protection, including for their
relatives during proceedings, and steps should be taken to enable groups of victims to
present claims for and receive reparation (ibid., paras. 11–14). Adequate, effective and
prompt reparation should be proportional to the gravity of the violations and the harm
suffered (ibid., para. 15) and the State should ensure that reparation decisions handed down
by the courts are enforced (ibid., para. 17).
16
GE.14-02949
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