Country: Ivory Coast. Dialogue, Truth and Reconciliation Commission (2 years)

Similar documents
Country: Ivory Coast. National Commission of Inquiry 2011 (6 months renewable)

Country: Burkina Faso. Commission of National Reconciliation and Reform 2015-ongoing (5 months)

Country: Burundi. Burundi Truth and Reconciliation Commission 2014 (4 year mandate extendable for 1 year)

JANUARY 2018 COUNTRY SUMMARY. Côte d Ivoire

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Elizabeth Odio Benito Judge Adrian Fulford

CÔTE D IVOIRE. Insecurity and Lack of Disarmament Progress JANUARY 2013

Adopted by the Security Council at its 7681st meeting, on 28 April 2016

Côte d Ivoire. Efforts to End the Political-Military Stalemate

CÔTE D IVOIRE: UN MISSION CLOSES AMIDST FRAGILE HUMAN RIGHTS SITUATION

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/67/L.63 and Add.1)]

Standing item: state of play on the enabling environment for civil society

In the case of The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé. Presiding Judge Cuno Tarfusser, Judge Olga Herrera Carbuccia and

A/HRC/32/L.5/Rev.1. General Assembly. ORAL REVISION 1 July. United Nations

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS. Technical cooperation and advisory services in the Democratic Republic of the Congo

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

Resolution adopted by the Human Rights Council on 29 September /31. Human rights, technical assistance and capacity-building in Yemen

Security Council. United Nations S/2016/328

CHALLENGES OF TRUTH COMMISSIONS TO DEAL WITH INJUSTICE AGAINST INDIGENOUS PEOPLES. M. Florencia Librizzi 1

Security Council. United Nations S/2007/144. Letter dated 13 March 2007 from the Secretary-General addressed to the President of the Security Council

AN ACT TO ESTABLISH THE TRUTH AND RECONCILIATION COMMISSION (TRC) OF LIBERIA. Approved June 10, 2005

25/1. Promoting reconciliation, accountability and human rights in Sri Lanka

Resolution adopted by the Human Rights Council on 14 December Situation of human rights in South Sudan

Pp6 Welcoming the historic free and fair democratic elections in January and August 2015 and peaceful political transition in Sri Lanka,

INDIVIDUAL REPORT OF THE TANZANIA NATIONAL HUMAN RIGHTS INSTITUTION SUBMISSION TO THE HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW MECHANISM

The CPS approach: dealing with the past

Afghanistan Human rights challenges facing Afghanistan s National and Provincial Assemblies an open letter to candidates

UNITED NATIONS UNITED NATIONS WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES CONCLUDES ITS VISIT TO BOSNIA AND HERZEGOVINA

In the case of The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé. Presiding Judge Cuno Tarfusser, Judge Olga Herrera Carbuccia and

S-26/... Situation of human rights in South Sudan

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

JANUARY 2017 COUNTRY SUMMARY. Guinea

Witness Interference in Cases before the International Criminal Court

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

THE APPEALS CHAMBER SITUATION IN THE REPUBLIC OF CÔTE D IVOIRE IN THE CASE OF. THE PROSECUTOR v. LAURENT GBAGBO and CHARLES BLÉ GOUDÉ.

30/ Promoting reconciliation, accountability and human rights in Sri Lanka

* * A/HRC/RES/26/24. General Assembly. United Nations

WHAT WE HEARD National Inquiry into Missing and Murdered Indigenous Women and Girls

TRIAL CHAMBER I. SITUATION IN THE REPUBLIC OF CÔTE D IVOIRE IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO and CHARLES BLÉ GOUDÉ.

Civil Society Draft Bill for the Special Tribunal for Kenya

European Parliament resolution of 19 May 2010 on the Review Conference on the Rome Statute of the International Criminal Court, in Kampala, Uganda

A/HRC/22/L.13. General Assembly. United Nations

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/66/462/Add.3)] 66/230. Situation of human rights in Myanmar

Polity IV Country Report 2010: Ivory Coast

SUPPORTING COMPLEMENTARITY AT THE NATIONAL LEVEL: FROM THEORY TO PRACTICE

PRESS FREEDOM IN AFRICA How can States achieve compliance with standards set by the African courts and African Union, online and offline

TEXTS ADOPTED. European Parliament resolution of 18 January 2018 on the Democratic Republic of the Congo (2018/2515(RSP))

Concluding observations on the initial report of Burkina Faso*

MOTION FOR A RESOLUTION

May 14, Foreign Ministers African Union Member States. Re: 50 th Anniversary and Advancing Justice for Grave Crimes

European Parliament recommendation to the Council of 18 April 2013 on the UN principle of the Responsibility to Protect ( R2P ) (2012/2143(INI))

Burma s Democratic Transition: About Justice, Legitimacy, and Past Political Violence

BURUNDI On 23 August 2017, the Presidency of the Court assigned the situation in Burundi to PTC III.

France, Germany, Portugal, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution

REPORT OF THE CHAIRPERSON OF THE COMMISSION ON THE SITUATION IN CÔTE D IVOIRE

Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission

Bamba v. Atty Gen USA

New York, December 6, 2010

Adopted by the Security Council at its 7396th meeting, on 3 March 2015

RABAT PLAN OF ACTION ON THE PREVENTION OF ATROCITIES, THE RULE OF LAW AND THE INTERNATIONAL CRIMINAL COURT

2017 Planning summary

6791/17 ton/ps/aob 1 DG C 1

INTERNATIONAL CONVENTION ON THE SAFETY AND INDEPENDENCE OF JOURNALISTS AND OTHER MEDIA PROFESSIONALS PREAMBLE

UN PLAN OF ACTION ON THE SAFETY OF JOURNALISTS AND THE ISSUE OF IMPUNITY

List of issues in relation to the fifth periodic report of Mauritius*

BURUNDI. Submission to the Universal Periodic Review Of the UN Human Rights Council Third Session: December 1-12, 2008

Situation of human rights in Cambodia. Commission on Human Rights resolution 2003/79

(4) Japan has no military jurisdiction, and all cases of enforced disappearance are under the ordinary courts jurisdiction.

Human Rights Defenders UN Consensus Resolution 2017 Final text as adopted in 3C on 20 November - 76 cosponsors listed

Indonesia Submission to the UN Universal Periodic Review

ACKNOWLEDGMENTS. Issued by the Center for Civil Society and Democracy, 2018 Website:

African Leader Series

Letter dated 27 January 2003 from the Permanent Representative of France to the United Nations addressed to the President of the Security Council

Ivory Coast OGN v4.0 2 August 2007 OPERATIONAL GUIDANCE NOTE IVORY COAST CONTENTS

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Burundi. Killings, Rapes, and Other Abuses by Security Forces and Ruling Party Youth

Uzbekistan Submission to the UN Universal Periodic Review

31/ Protecting human rights defenders, whether individuals, groups or organs of society, addressing economic, social and cultural rights

European Parliament resolution of 16 February 2012 on the situation in Syria (2012/2543(RSP)) The European Parliament,

Consideration of reports submitted by States parties under article 40 of the Covenant. Concluding observations of the Human Rights Committee

CENTRE FOR MINORITY RIGHTS DEVELOPMENT CONCEPT NOTE

Human rights in Mexico A briefing on the eve of President Enrique Peña Nieto s State Visit to Canada

SOUTH Human Rights Violations: Kim Sam-sok and Kim Un-ju

Civil Society Dialogue Network Geographic Meeting. An EU Strategy for engagement with Iraq: Gathering civil society input

A/HRC/17/CRP.1. Preliminary report of the High Commissioner on the situation of human rights in the Syrian Arab Republic

HUMAN RIGHTS CHALLENGES IN THE DRC: A VIEW FROM MONUC s HUMAN RIGHTS SECTION

A/HRC/29/49. General Assembly. United Nations

Judicial Independence and Judicial Accountability

Pakistan-Candidate for the Human Rights Council ( ) Contribution, Voluntary Pledges and Commitments

UNESCO Work Plan on Safety of Journalists and the Issue of Impunity

SIXTY-SEVENTH ORDINARY SESSION OF THE ECOWAS COUNCIL OF MINISTERS. Abidjan, 20 & 21 June 2013

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert

Empowering the youth to tackle negative ethnicity

Resolution adopted by the Human Rights Council on 23 March /18. Situation of human rights in the Democratic People s Republic of Korea

Honduras. Police Abuses and Corruption JANUARY 2014

Côte d Ivoire s Political Stalemate: A Symptom of Africa s Weak Electoral Institutions

Guidance for Children s Social care Staff around the use of Police Protection

CONCEPT NOTE CONSULTATIVE WORKSHOP TO ENGAGE TRADITIONAL AND INFORMAL JUSTICE STRUCTURES AND JUDICIARY TO PROMOTE THE RULE OF LAW IN EASTERN AFRICA

STATEMENT ON POLITICAL DEVELOPMENTS IN COTE D IVOIRE. Abidjan, August 11, 2000

Human Rights, the SDGs and the 2030 Agenda for Sustainable Development. 18 January 2018

Tunisia: New draft anti-terrorism law will further undermine human rights

Transcription:

Country: Ivory Coast Dialogue, Truth and Reconciliation Commission 2011-2014 (2 years) A commission set up to examine the causes of the successive crisis that occurred in Ivory Coast and shed more light on the ensuing grave Human Rights violations, from the advent of the multiparty system to the post-electoral violence (1990-2011). Death in detention, political assassinations, mob lynching's, enforced disappearances, mass murders, excessive use of force by State's agents leading to death and torture leading to death. Time frame of violations: 1990-2011 Background 1. Legal basis Presidential decree No 2011 167 2. Terms of Reference Developed as part of peace negotiations. To develop an appropriate classification of the various HR violations that occurred between 1990-2011.To locate and attribute responsibilities on past and recent political events To give a platform to the victims and their families by proposing means of any kind that may contribute to heal the trauma they suffered. A commission with a truth finding mission that obtains an acknowledgement of facts from the alleged authors and gives recommendations of pardons where appropriate. To identify and propose means to fight injustice, inequality, discrimination and hatred in all their forms. Educating people about peace, contribute to the emergence of national consciousness and social cohesion, respect for diversity and democratic values. To produce a report that examines and classifies the various Human Rights violations that occurred during 1990-2011. The attribution of individual responsibilities on past and recent national socio-political events; A truth seeking platform that is victim oriented and that strengthens the social cohesion and promotes democratic values all across the country.

3. Applicable law The Constitution of the Republic of Ivory Coast of 2000. Commission of Enquiry (CoI) General 1. Powers of CoI The commission may undertake all measures of inquiry, including getting an expert's testimony and request any relevant documents in accordance with the legislation. 2. Independence According to the decree, the Commission was created as an independent body with financial autonomy. However funding has been limited and it has been difficult to exert independence. 3. Impartiality The Presidential decree sought to ensure the impartiality of the commissioners by forbidding them to participate in any activity that would compromise their integrity, independence and honour. 4. Transparency Hearings were held in public and journalists and observers could attend, except for those hearings held in camera for public order and security reasons. The archives of the public hearings of the commission are available on the commission's official website.

5. Invocation of ubuntu/related concept No mention of an Ubuntu related concept, however there was a reference to the Ivorian cultural identity and principles that require that a wrongdoer, who recognises his wrongs and asks for forgiveness, should be granted pardon. The overarching principles were national reconciliation through dialogue and promotion of social cohesion and democratic values. 6. Gender mainstreaming 7. Interrelationship with other accountability mechanisms There were prosecutions and some 15 pro-gbagbo associates have been charged; seven international arrest warrants have been issued; and 15 senior staff from the previous regime are under house detention without charge. A UN Commission of Inquiry report presented to the UN Human Rights Council on 15 June urged impartial and transparent trials of those responsible for grave crimes. The Commission has a list of suspects most responsible for post-election crimes, but has chosen to keep it from the public. there have also been international arrest warrants issued by the ICC for certain members of Gbagbos government. 8. International representation There were commissioners representing the interests of foreigners residing in Ivory Coast and Ivoirians residing elsewhere in the world. 9. Adequate staffing The commission comprised of bodies such as: - The presidency, the executive committee and the general secretariat. - The Plenary Assembly. - The specialized committees such as: the heuristic committee, the hearings and investigations committee, the reparations committee and the memorial committee. - 37 local committees, one in each capital of the Ivorian regions, tasked with raising awareness among the population to the different phases of the process of transitional justice. Process

1. Standard of proof No indication of a standard of proof. The commission was only required to gather all the relevant information and make recommendations. 2. Method of case selection The commission's mandate required it to investigate any relevant case pertaining to the events and various crises from 1990 to 2011. 3. Data collection Data was collected through investigations, testimonies, expert opinions and in loco investigations 4. Witness participation and protection No specific mention thereof. 5. Special protection and participation measures The commission was empowered to hold hearings in camera if it deemed it necessary for security reasons and alleged perpetrators were eligible for pardon if they acknowledged their implication and provided information that would help the commission carry out its truth seeking mission. 6. Financial resources The resources of the CDVR include budget allocations and grants from the State, donations and bequests of national and international origin, consistent with the mission and regulations of the CDVR. The CDVR budget proposals are developed by the Plenary Assembly and forwarded to the Minister of Economy and Finance for their approval and inclusion in the budget of the state. The expenses of the CDVR are planned and evaluated in the annual budget. Their total budget was reported to amount to approximately 15 million US dollars. 7. Location of hearings Abidjan, but empowered to hold hearings anywhere else in the country if the need arose. Findings

1. Norms relied on (re legitimate killing) no specific mention 2. Challenges The commission's budget was tight and held to have been misused to the point that the commission could not afford to perform concrete field work. There are two serious concerns with the CDVR: it lacks proper funding and there are insufficient safeguards to ensure the Commission s independence from the government. 3. Findings The commission identified and classified the Human Rights violations that occurred from 1990 to 2011, a geo- type and precise mapping of human rights violations that occurred in Côte d'ivoire since 1990 were made. The commission recorded 72 483 victims including 28 064 women and 757 children. 4. Recommendations The commission recommended speedier prosecutions of the alleged perpetrators. It also proposed National days of memory and forgiveness. 4. Politics of memory Many who have fled the country are deeply sceptical that such a Commission could be impartial. "You're going to go to talk to a Commission, tell them how your family was killed and you want to forgive, then what?" Barakissa Ouédraogo, one of more than 100,000 Burkinabé who fled Côte d Ivoire for Burkina Faso, told IRIN. "You return to the street because your home is flattened. 5. Incorporation of local justice mechanisms There was a specific need to interact with local justice mechanisms as the commission from the outset recognised that the realisation of social cohesion would only be possible if ethnic dissonance was tackled at the grass-root or community level. Report

1. Availability The final Report of the commission was officially handed to the President of the republic but as of yet has still not been made available to the public. 2. Impact The CDVR report led to the creation of the national commission for reconciliation and compensation of victims on March 25th 2015 with a compensation fund of 10 billion Francs CFA. Implementation and consequences 1. Institutional framework for implementation No specific institutional measures put in place as a result of this commission. There have however been some efforts at implementation. 2. Fulfilment of Mandate Only supporters of Gbagbo have so far been charged by Ivorian courts. 3. Government response The report was well received by the government which created a compensation fund of 10 billion CFA Francs for the victims identified. 4. Civil society response The works and findings of the CDVR was not all around well received with accusations of not being victim oriented and that the victims and their families were not given the platform promised and were not heard. The president of the CDVR Mr Charles Banny was perceived as far from being impartial due to his political affiliations, he was Gbagbo's prime minister and subsequently Ouattara's advisor during the 2010 presidential elections that lead to the post electoral violence. They felt Banny was using the commission to serve his own political ambitions. The other criticism was that the CDVR had their priorities wrong as they spent too much time analysing the underlying structural causes of the conflict, rather than focusing on seeking the truth about the events that occurred during the crisis and bringing justice and reparations to victims.

5. CSO galvanisation Civil society has been vocal in calling for the implementation of the recommendations of this repoert especially as relates to the social cohesion initatives at a ag rassroot level. They have also been vocal about the follow-up arrests and prosecutions which only seem to target former Gbagbo allies when both sides of the political divide were responsible for violence in one way or another.