SITUATION IN CÔTE D IVOIRE IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO ANNEX 3 PUBLIC DOCUMENT

Transcription

1 ICC-02/11-01/ Anx3-tENG /6 RH PT SITUATION IN CÔTE D IVOIRE IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO ANNEX 3 PUBLIC DOCUMENT Decision of the Constitutional Council No. CI-2011-EP-036/04-05/CC/SG proclaiming Alassane Ouattara President of Côte d Ivoire ICC-02/11-01/11

2 ICC-02/11-01/ Anx3-tENG /6 RH PT REPUBLIC OF CÔTE D IVOIRE Union Discipline Work DECISION No. CI-2011-EP-036/04-05/CC/SG of 4 May 2011 proclaiming Alassane Ouattara President of the Republic of Côte d Ivoire CERTIFIED COPY ON BEHALF OF THE PEOPLE OF CÔTE D IVOIRE, THE CONSTITUTIONAL COUNCIL, NOTING Law No of 1 August 2000 to enact the Constitution of the Republic of Côte d Ivoire; NOTING Law No of 1 August 2000 to enact the electoral code; NOTING Law No of 5 June 2001 to determine the organisation and functioning of the Constitutional Council; NOTING Decision No /PR of 5 May 2005 to govern the exceptional nomination of candidates for the presidential election of October 2005; NOTING Decision No /PR of 14 April 2008 setting forth special measures to amend the electoral code; NOTING Order No of 14 April 2008 to amend the electoral code; NOTING Decree No of 5 August 2010 to convoke the electoral college of the Republic of Côte d Ivoire with a view to the election of the President of the Republic; 1

3 ICC-02/11-01/ Anx3-tENG /6 RH PT NOTING the vote-counting reports and other annexes transmitted by the Independent Electoral Commission and received by the Secretariat of the Constitutional Council on 30 November and 1 December 2010; NOTING the provisional results of the second round of the presidential election, announced by the Independent Electoral Commission on 2 December 2010; NOTING Constitutional Council Decision No. CI-2010-EP-34/03-12/CC/SG of 3 December 2010; NOTING the communiqué of the Peace and Security Council of the African Union following its 265 th meeting on 10 March 2011; HAVING HEARD the reports of the members of the Constitutional Council: Considering that pursuant to articles 32 and 94 of the Constitution, the Constitutional Council shall ensure the proper conduct of the election of the President of the Republic, examine complaints and proclaim the final results; Considering that in accordance with article 59 of the new electoral code, on 2 December 2010 the Independent Electoral Commission announced the provisional results of the second ballot and declared Alassane Ouattara the winner; Considering that on 3 December 2010, by Decision No. Cl-2010-EP-34/03-12/CC/SG, the Constitutional Council announced the final results of the presidential election of 28 November 2010 and declared Laurent Gbagbo President of the Republic of Côte d Ivoire; Considering further that on 3 December 2010, the UN Secretary-General s Special Representative for Côte d Ivoire certified the provisional results of the second round of the presidential election as proclaimed by the president of the Independent Electoral Commission on 2 December 2010 declaring Alassane Ouattara the winner of the presidential election; Considering that in the wake of these conflicting announcements, a post-electoral crisis ensued regarding the results of the election of 28 November 2010; 2

4 ICC-02/11-01/ Anx3-tENG /6 RH PT Considering that owing to the gravity of the crisis, the Economic Community of West African States seized itself of the Ivorian situation and decided, inter alia, that in light of the evidence in its possession, Alassane Ouattara should be considered the elected President of Côte d Ivoire; Considering that after the Economic Community of West African States, the African Union in turn seized itself of the Ivorian case; Considering that in 1963 Côte d Ivoire was a founding member of the Organization of African Unity, which became the African Union in 2000; Considering that the international standards and instruments ratified by the competent national organs have primacy over those of domestic laws and court decisions, subject to their application by the other party; Considering that at the 259 th meeting of the Peace and Security Council, held on 28 January 2011 in Addis-Ababa, Ethiopia, the African Union decided to put in place a High-Level Panel chaired by the President of the Islamic Republic of Mauritania and comprising the Heads of State of South Africa, Burkina Faso, Tanzania and Chad; Considering that the High-Level Panel was mandated to evaluate the situation in Côte d Ivoire and formulate, on the basis of the relevant decisions of the African Union and the Economic Community of West African States, a political solution which would be binding on all the Ivorian parties; Considering accordingly that at its 265 th meeting on 10 March 2011, the Peace and Security Council of the African Union endorsed the results of the work and investigations of the High-Level Panel, which reaffirmed Alassane Ouattara s victory in the presidential election of 28 November 2010, and called on Laurent Gbagbo to leave office; Considering that it should be recalled that pursuant to paragraph 6(c) of the communiqué of the aforementioned 259 th meeting, the conclusions of the African Union s High-Level Panel for the resolution of the crisis in Côte d Ivoire, which will be endorsed by the Peace and Security Council, will be binding on all the Ivorian parties with which those conclusions would have been negotiated; 3

5 ICC-02/11-01/ Anx3-tENG /6 RH PT Considering that at its 270 th meeting, held on 5 April 2011, the Peace and Security Council reaffirmed its earlier decisions on Côte d Ivoire from its 259 th and 265 th meetings held on 28 January and 10 March 2011 respectively, and recognised Alassane Ouattara as President of the Republic of Côte d Ivoire; DECIDES THE FOLLOWING Article 1: The Constitutional Council endorses the decisions of the Peace and Security Council of the African Union on the resolution of the crisis in Côte d Ivoire; Article 2: Proclaims Alassane Ouattara President of the Republic of Côte d Ivoire. Article 3: Owing to the exceptional circumstances, the Constitutional Council takes formal note of the decisions taken by President Alassane Ouattara and declares them valid. The Constitutional Council invites President Alassane Ouattara to take a solemn oath of office as soon as practicable. Article 4: Any and all decisions inconsistent with the present decision shall be null and void. Article 5: The present decision will be announced and published in the Official Gazette of the Republic of Côte d Ivoire. DECIDED by the Constitutional Council at its session of 4 May In attendance: Ms Ms Paul Yao-N dre Timothée Ahoua N guetia Jacques André Monoko Daligou Bruno Ekpo Wale Angora Hortense Kouassi, s Sess Félix Kouakou Tano Joséphine Suzanne Toure, s Ebah President 4

6 ICC-02/11-01/ Anx3-tENG /6 RH PT Witnessed by the Secretary-General of the Constitutional Council, who signed alongside the President. Secretary-General President Kouadiané Gbassi Prof. Paul Yao-N dre CERTIFIED TRUE COPY The Secretary-General Kouadiané Gbassi 5