IV. CÔTE D’IVOIRE’S OBLIGATIONS UNDER INTERNATIONAL LAW The acts of violence perpetrated by the Ivorian state security forces during the October and December 2000 election periods violated the provisions of international human rights instruments to which Côte d’Ivoire is party. These include the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),4 International Convention on the Elimination of All Forms of Racial Discrimination (CERD),5 the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),6 and the International Covenant on Civil and Political Rights (ICCPR). 7 The brutality of the methods used by the security forces in the torture and ill-treatment of hundreds of detainees during the election violence, including sexual abuse of both men and women, clearly violated the Convention against Torture, which Côte d’Ivoire ratified in l995. Article 2 of the convention states that, “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” The imposition of a state of emergency, such as that invoked in Côte d’Ivoire on December 4, 2000 prior to the parliamentary elections, can not, according to this article, justify any use of torture, nor is “an order from a superior officer or a public authority” admissible as a justification for torture. Article 4 of the convention establishes that the States Parties must outlaw any act of torture in their national legislations, and introduces the obligation by the States Parties to prosecute perpetrators of torture and take legislative, administrative, judicial or other measures, such as education, aimed at the prevention of torture. Furthermore, article 14 states that State Parties must ensure that victims can obtain redress, and have the right to compensation, including rehabilitation. During the 2000 elections, the Ivorian Government incited hatred and fear, and exploited ethnic and religious divisions in order to achieve political gain. The state security forces, which were utilized by the government to repress political opposition, committed hundreds of violations against members of minority ethnic groups, foreigners, and Muslims in general, including extrajudicial executions, rape, and unlawful detention. These acts were in flagrant violation of the Ivorian government’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which Côte d’Ivoire ratified in l973. As a party to CERD, the Ivorian government is obliged, under article 2, to “condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms.” Furthermore, each State Party undertakes “to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public, authorities and public institutions, national and local act in conformity with this obligation.” States Parties further commit themselves, “not to sponsor, defend or support racial discrimination by any individuals or organizations.”8 Under article 6 of the CERD, the Ivoiran government is obliged to “adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and 4 Adopted and opened for signature, ratification and accession by United Nations General Assembly resolution 39/46 on December 10, l984. Entered into force on 26 June 26, l987 in accordance with article 27 (1). Côte d’Ivoire ratified CAT on December 18, l995. 5 Adopted and opened for signature, ratification, and accession by United Nations General Assembly resolution 2106 A (XX) on December 21, l965. Entered into force on January 4, 1969 in accordance with article 19. Côte d’Ivoire ratified CERD on January 4, l973. 6 Adopted and opened for signature, ratification, and accession by United Nations General Assembly resolution 34/180 on 18 December l979. Entered into force on 3 September l981 in accordance with article 27(1). Côte d’Ivoire ratified CEDAW on December 20, l995. 7 Adopted and opened for signature, ratification, accession by United Nations General Assembly resolution 2200 A (XXI) on December 16, 1966. Entered into force on March 23, l976 in accordance with article 49. Côte d’Ivoire ratified ICCPR on March 26, l992. 8 CERD, Article 2. Human Rights Watch 12 August 2001, Vol. 13, No. 6(A)