racial or ethnical groups.” Instead of targeting individuals for persecution on the basis of nationality, ethnicity, or
religion, as was the case during the election period, the Ivorian government, under article 5, is obliged to
undertake to eliminate all forms of discrimination and guarantee equality before the law, irrespective of ethnic
origin or nationality. Included in this are the rights to equal treatment before tribunals, the right to security of
persons and protection by the state against violence or bodily harm. In contrast to the use of state controlled media
to promote ethnic division and suspicion, article 4 obliges all States Parties to condemn all propaganda based on
ideas of superiority of one race or ethnic group.
Through its ratification of the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) in l995, Côte d’Ivoire assumed the obligation to protect women from sexual and other forms of
gender-based violence perpetrated by state agents and private actors alike. While gender-based violence, such as
rape, was not explicitly addressed in the convention, an authoritative interpretation in 1992 by the U.N.
Committee on the Elimination of Discrimination Against Women (CEDAW Committee), established that
“[g]ender-based violence is a form of discrimination which seriously inhibits women’s ability to enjoy rights and
freedoms on a basis of equality with men.”9
The International Covenant on Civil and Political Rights (ICCPR) is the most comprehensive international
human rights instrument ratified by Côte d’Ivoire. Côte d’Ivoire ratified the ICCPR in l992. All States Parties
undertake to provide for a broad range of fundamental human rights; many of which were violated during the
period of election violence. The scores of extrajudicial executions perpetrated by the security forces was in clear
violation of the inherent right to life, guaranteed under article 6, which states that, “[t]his right shall be protected
by law. No one shall be arbitrary deprived of his life.” The unlawful detention of hundreds of individuals,
deprived of their liberty solely and explicitly on the basis of their religion, ethnicity, or nationality, was in clear
violation of article 9 of the ICCPR which asserts that “[n]o one shall be subjected to arbitrary arrest or detention.”
Broad due process obligations are articulated within articles 9, 14, and 15 including the right to be informed of the
reasons for arrest, to be brought promptly before a court of law, and to have legal representation. All States
Parties have the obligation to ensure that, ‘[a]ll persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.” The inhuman treatment to which hundreds of
detainees were subjected during the election period was in clear violation of article 7, which states that, “no one
shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Under article 9, States
Parties agree that all victims of unlawful arrest or detention “shall have an enforceable right to compensation.”
While not legally binding, the Declaration on the Protection of All Persons from Enforced Disappearance,
passed by the United National General Assembly in l982, affirms the gravity of the act of “disappearance.” The
declaration commits states to prevent the practice of forced disappearance, conduct investigations into allegations
of “disappearance”, and punish offenders. Article 5 defines all acts of enforced disappearances as a criminal
offence and renders state authorities which “organize, acquiesce in or tolerate” it liable under civil law. Articles 6
and 7 clarify that no civilian, public or military order or, threat of war, internal political instability or public
emergency may be invoked to justify enforced disappearance. Article 10 commits states to hold all detainees in
officially recognized places of detention, to keep accurate information on them including their places of detention
and transfers, and to make this information available to family members and counsels. Lastly, article 13 lays out
principles to ensure investigation of complaints of forced disappearances by a competent and independent state
authority.
The principles enshrined in the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions, adopted by the United National Economic and Social Council in l989,10 establish important principles
not only on the prevention and protection of potential victims, but also about the way an investigation into any
such allegation must be conducted. While the principles are not legally binding they provide authoritative
9
United Nations, Committee on the Elimination of Discrimination against Women, “Violence Against Women,” General
Recommendation No l9 (Eleventh session, l992), CEDAW/C l992/L.1/Add.15, para.1.
10
Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, Resolution l989/65, 15th
Plenary Meeting, May 24, 1989.
Human Rights Watch
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August 2001, Vol. 13, No. 6(A)