A/HRC/19/72
43.
Having held consultations with various stakeholders, the independent expert wishes
to stress that the establishment of the Dialogue, Truth and Reconciliation Commission did
not follow the usual pattern of such commissions elsewhere in the world. The president of
the Commission was appointed before the Commission’s terms of reference had been
established, and the Commission’s legal framework had been adopted without national
consultations. From the substantive angle, the order establishing the Commission does not
seem to have sufficiently emphasized the role of justice in the Commission’s mandate and
fails to include all the necessary guarantees of independence and effectiveness.
44.
Despite these limitations, the independent expert believes that the Commission’s
members can fulfil their mission if they receive the necessary support from the
Government, the various components of Ivorian society and the international community.
All the stakeholders with whom he met acknowledged the crucial role that the Commission
could play in the country’s return to stability. They nevertheless emphasized that
reconciliation would take time, as the wounds were still fresh, so to speak. The
establishment and functioning of the Commission should proceed in a deliberate manner,
and wide consultations should be held with social groups in order to enhance the
Commission’s legitimacy and seek the views of various populations on those aspects of its
mandate that were not made sufficiently clear at the outset. In developing its rules of
procedure and other strategic and operational documents the Commission will have a
further opportunity to affirm its independence.
45.
The independent expert welcomed the spirit of openness shown by the
Commission’s president Charles Konan Banny, the commitment of the Commission’s
members and technical staff and the willingness of technical and financial partners to
support the process of transitional justice in Côte d’Ivoire.
46.
Decree No. 2011-176 of 20 July 2011 established the National Commission of
Inquiry, whose mandate is to investigate violations of human rights and humanitarian law
that occurred between the presidential elections of 31 October and 28 November 2010 and
15 May 2011. The commission has a six-month mandate which can be renewed once.
47.
The independent expert has determined that Côte d’Ivoire is undergoing a
transitional justice process with not only domestic and international judicial aspects but also
non-judicial aspects involving several mechanisms such as the National Commission of
Inquiry, the Special Investigative Unit, the military prosecutor’s investigations, the
Dialogue, Truth and Reconciliation Commission and the International Criminal Court.
However, coordinating these mechanisms remains a challenge.
48.
The independent expert met with members of the National Human Rights
Commission, who provided him with a copy of their 2010 report on human rights violations
that were observed throughout the election process.
III. Human rights situation
A.
Civil and political rights
49.
During his visit the independent expert gathered information about violations of the
right to life, acts of torture, inhuman and degrading treatment, arbitrary detentions, rapes,
violations of the freedom of expression, and attacks and acts of violence against religious
buildings and leaders.
50.
Non-State actors such as members of the Dozo, a brotherhood of traditional hunters,
continue to play an important role in maintaining law and order, especially in the country’s
west. The independent expert was told of abuses committed by some Dozo and by informal
10
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