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 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 guidance to States as to how to deal with the phenomenon of extra-legal, arbitrary or summary executions. Article 1 establishes that all extra-legal, arbitrary and summary executions are punishable offences, irrespective of a state of war or political instability. In article 2, states commit in principle to prevent these executions by, in part, ensuring "strict control, including a clear chain of command, over all officials responsible for apprehension, arrest, detention, custody and imprisonment as well as those officials authorized by law to use force and firearms." When family members or other credible bodies report cases of alleged extrajudicial executions, governments commit to conduct thorough, prompt, and impartial investigations of suspected cases, abiding by the guidelines sent out in articles 9 -17. Article 18 commits governments to ensure those identified by an investigation as having participated in extra-legal, arbitrary or summary executions are brought to justice, and article l9 asserts that under no circumstances, including a state of war, siege or public emergency, shall blanket immunity from prosecution be granted.

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.

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, 15^th Plenary Meeting, May 24, 1989.