The 2005 Presidential election in Ivory Coast was expected to unite the north and south of the country, yet it was hindered for a period of 5 years.⁽²⁾ Ivoirians believed that the outcome of the Presidential runoff election on 28 November 2010 would bring unity between the southern and northern part of the country.⁽³⁾ Rather than peace, the runoff election produced two presidents, violence and human rights violations. The gravity of the human rights situation in Ivory Coast is illustrated by the suggestion of Human Rights Watch (HRW) that the African Union delegation sent to resolve the political crisis should also put an end to the human rights violations.⁽⁴⁾ This CAI paper focuses on the relationship between the post election crisis and the violation of human rights in Ivory Coast and examines the role of international organisations in curbing the violation of human rights.

The post-election crisis in Ivory Coast

The Ivorian Presidential election held on 31 October 2010 did not produce a President elected by an absolute majority of votes.⁽⁵⁾ Therefore, in accordance with Article 36 of the Constitution of Ivory Coast 2000, the election had to proceed to a second runoff election round with the two candidates who had the highest number of votes in the first round - President Laurent Gbagbo and former Prime Minister Alassane Ouattara - held on 28 November 2010.⁽⁶⁾ The runoff election results from 3 of Ivory Coast’s 18 regions were destroyed by the representative of President Laurent Gbagbo on 30 November 2010.⁽⁷⁾ Consequently, the Ivorian Independent Electoral Commission could not announce the electoral result within the stipulated timeframe.⁽⁸⁾

On 2 December 2010, the Ivorian Independent Electoral Commission declared Alassane Ouattara as the winner of the runoff Presidential elections with a total of 54.1% votes, as against Laurent Gbagbo’s 49.5%.⁽⁹⁾ However, Alassane Ouattara’s victory was short-lived: the result was overturned by the Ivorian constitutional council on Gbagbo’s appeal.⁽¹⁰⁾ Amongst the reasons advanced by the Ivorian constitutional council was the inability of the Independent Electoral Commission to announce the election results within the stipulated 3 day period.⁽¹¹⁾ This reason, and the fact that the head of the Ivorian constitutional council was appointed by Laurent Gbagbo,⁽¹²⁾ puts Gbagbo in a questionable light. While Laurent Gbabgo is claiming his victory based on the decision of the Ivorian Constitutional Council, Alassane Ouattara relies on the result of the Independent Electoral Commission and the recognition of the International community.⁽¹³⁾ It seems the world’s largest cocoa producer has become a country with two presidents and two administrations.⁽¹⁴⁾

Human rights abuses and the quest for power in Ivory Coast

Initially, West African leaders were primarily concerned that the deadlock between Laurent Gbagbo and Alassane Ouattara would disrupt regional stability.⁽¹⁵⁾ The 15-nation Economic Community of West African States (ECOWAS), to which Ivory Coast is a party, criticised Gbagbo’s refusal to step down from office.⁽¹⁶⁾ At this point, the African leaders did not foresee the imminent violations of human rights that preceded political instability. On 15 December 2010, the announcement of popular demonstrations by Rassemblement Houphoutetistes pour la Democratie et la Paix triggered the violations of human rights.⁽¹⁷⁾ Between 16 and 21 December 2010, just days into the post-election crisis, the United Nations (UN) had verified 170 killings, 471 arrests, 24 instances of enforced disappearances, and 90 cases of torture and inhumane treatment.⁽¹⁸⁾ These abuses were perpetrated by state security forces who are also firm supporters of Gbagbo.⁽¹⁹⁾ The deadlock between Gbagbo and Ouattara served as breeding ground to massive violations of human rights. Despite the UN resolution condemning sexual violence, abductions and extra judicial killings,⁽²⁰⁾ innocent citizens continued to fall victim to human rights violations.⁽²¹⁾

The rights of Ivoirians are provided for and protected in the Ivorian Constitution of 2000 and several international human rights instruments. Ivory Coast became a party to the 1984 Convention Against Torture and Other Cruel Inhumane and Degrading Treatment in 1995.⁽²²⁾ Article 2(2) of this 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 for torture.”⁽²³⁾ Despite the fact that Ivory Coast is a party to the International Convention on Civil and Political Rights 1966,⁽²⁴⁾ as well as the 1979 Convention on the Elimination of all forms of Discrimination against Women,⁽²⁵⁾ rape been used as a weapon in the post election crisis.⁽²⁶⁾

Sadly, the situation has deteriorated so much over the months that the violation of the right to life by Gbagbo’s security forces no longer comes as a surprise.⁽²⁷⁾ The northern part of Ivory Coast, generally believed to support Ouattara, has been denied access to water.⁽²⁸⁾ In addition, the right to freedom of information has been curtailed greatly, especially with the termination of international radio stations,⁽²⁹⁾ due to the international community’s endorsement of Ouattara as the elected President. Gbagbo, however, claims that technical difficulties led to the termination of the radio stations.⁽³⁰⁾

Ouattara has called for reckless action by his supporters in the form of public uprising and civil disobedience, which can only lead to more opportunities for the rights of Ivoirians to be violated,⁽³¹⁾ contrary to the pleas of the international community.

International organisations and protection of human rights in Ivory Coast

The concerns of the International community on the protection of human rights in Ivory Coast were expressed in the resolution passed by the UN Human Rights Council, which condemned the violations of human rights. Aside from this resolution, other frantic efforts have been made by the international community to restore peace and accordingly avert the violation of human rights. The African Commission on Human and Peoples’ Rights published a press release on 20 December 2010 calling on both parties to respect and protect the human rights of Ivoirians and people residing in Ivory Coast.⁽³²⁾ On 27 January 2011, the UN’s Envoy on Sexual Violence in Conflict called on the authorities in Ivory Coast to safeguard the rights of women and girls.⁽³³⁾ Despite these efforts, the violence perpetrated by Gbagbo’s security forces continued to increase.⁽³⁴⁾ Human Rights Watch (HRW) a non-governmental organisation (NGO) which focuses on the protection of human rights, requested the African Union (AU) delegates charged with the responsibility to end the post-election crisis to focus on the the human rights violations.⁽³⁵⁾ Diplomatic pressure on Gbagbo in the form of economic sanctions did not deter him from clinging to power.⁽³⁶⁾

ECOWAS threatened to use force to remove Laurent Gbagbo from office if he refused to succumb to diplomatic pressure.⁽³⁷⁾ Article 4 (h) of the Protocol on amendments to the Constitutive Act of the AU gives the organisation the right to intervene in a member state in cases of severe situations such as crimes against humanity or serious threat to legitimate order to restore peace and stability to the member state.⁽³⁸⁾ Crime against humanity has been defined by the Rome Statute of the International Criminal Court to include murder, enforced disappearances, torture, rape and persecution against any identifiable group.⁽³⁹⁾ The security forces of Laurent Gbagbo has during the course of the post election crisis attacked the supporters of Ouattara, killed civilians in Ivory Coast and also committed enforced disappearances.⁽⁴⁰⁾ The activities of the security forces of Laurent Gbagbo therefore appear to qualify as crimes against humanity as defined by the Rome Statute of the International Criminal Court. Laurent Gbagbo was forcefully removed by forces loyal to Alassane Ouattara on 11 April 2011.⁽⁴¹⁾ On 23 June 2011, the prosecutor Luis Moreno Ocampo of the International Criminal Court (ICC) requested the judges to open an investigation into war crimes and crimes against humanity committed in Ivory Coast.⁽⁴²⁾

Unfortunately, the removal of Gbagbo from power does not seem to make much difference to the human rights violations, as there are allegations concerning the killings of Laurent Gbagbo supporters.⁽⁴³⁾ It is alleged that Alassane Ouattara’s men have killed more than 100 people, raped about 10 supporters of Laurent Gbagbo and burned at least 10 villages.⁽⁴⁴⁾

Concluding remarks

The violation of human rights in Ivory Coast cannot be separated from the struggle for power between Laurent Gbagbo and Alassane Ouattara. The refusal of either party to step down for the other worsened the human rights situation in Ivory Coast. The human rights situation in Ivory Coast could have degenerated to crimes against humanity or genocide if actions are not taken by the international community to end the deadlock. While Laurent Gbagbo seems to be answerable to no-one, the international community should not permit the violations of human rights as an option to his quest for power. Hopefully, Luis Ocampo will not relent in his effort to prosecute Laurent Gbagbo and other perpetrators of human rights in Ivory Coast. His efforts could deter other African leaders from using impunity and human rights violations as tools to hold on to power. Alassane Ouattara should direct and finance training on the protection of human rights for his supporters. An awareness of the consequences of violating the human rights of Gbagbo’s supporters or just of other, ordinary citizens of Ivory Coast will drastically reduce the violation of human rights in Ivory Coast.

Ivory Coast is not a party to the Rome Statute, but its declaration accepting the jurisdiction of the ICC is sufficient to prosecute crimes committed in Ivory Coast which falls under the jurisdiction of the ICC.⁽⁴⁵⁾ In practice, the individuals responsible for crimes falling under the jurisdiction of the ICC will only be prosecuted where the national institutions fail to prosecute them. The ICC is a last resort. The international community has a very important role to play in controlling the human rights situation in Ivory Coast.

NOTES:

(1) Contact Flora Ogbuitepu through Consultancy Africa Intelligence’s Rights in Focus Unit ( rights.focus@consultancyafrica.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).
(2) ‘Ivory Coast clashes kill 173 says UN’, BBC News Africa, 23 December 2010, http://www.bbc.co.uk.
(3) John James, ‘Can Ivory Coast avoid return to war’, BBC News Africa, 17 March 2011, http://www.bbc.co.uk.
(4) ‘Cote d’Ivoire: AU should press Gbagbo to halt abuses’, Human Rights Watch, 23 February 2011, http://www.hrw.org.
(5) Nicolas Cook, ‘Cote d’Ivoire’s post election crisis, Congressional Research Service’, 3 March 2011, http://www.fas.org.
(6) Ibid.
(7) Scott Stearns, ‘Ivory Coast electoral commission misses presidential deadline’, Voice of America, 1 December 2010, http://www.voanews.com.
(8) Kwadwo Appiagyei- Atua, ‘A critical look at the Ivorian election crisis’, Pambazuka News, 8 December 2010, http://www.pambazuka.org.
(9) Nicolas Cook, ‘Cote d’Ivoire’s post election crisis, Congressional Research Service’, 3 March 2011, http://www.fas.org.
(10) Ibid.
(11) Ibid.
(12) Xan Rice, ‘Conflict looms over Ivory Coast while poll- loser Gbagbo refuses to cede control’, Guardian, 6 December 2010, http://www.guardian.co.uk.
(13) Peluola Adewale, ‘Ivory Coast: behind the post election political crisis and threat of military intervention’, Links, 5 January 2011, http://links.org.
(14) Xan Rice, ‘Conflict looms over Ivory Coast while poll- loser Gbagbo refuses to cede control’, Guardian, 6 December 2010, http://www.guardian.co.uk.
(15) Ibid.
(16) Ibid.
(17) ‘Press release on recent human rights violations in Cote d’Ivoire’, African Commission on Human & Peoples’ Rights, 20 December 2010, http://www.achpr.org.
(18) ‘Cote d’Ivoire: UN substantiates reports of killings, torture, arrests and disappearances’, UN News Service, 23 December 2010, http://www.globalsecurity.org.
(19) ‘Cote d’Ivoire: pro Gbagbo forces abducting opponents’, Human rights watch, 23 December 2010, http://www.hrw.org.
(20) ‘UN human rights council condemns post- election violence in Ivory Coast’, DW- WORLD.DE, 23 December 2010, http://www.dw-world.de.
(21) ‘Cote d’Ivoire: pro Gbagbo forces abducting opponents’, Human rights watch, 23 December 2010, http://www.hrw.org.
(22) United Nations, ‘Chapter IV: Human Rights, 9 . Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’, United Nations treaty collection, 10 December 1984, http://treaties.un.org.
(23) ‘Convention against torture, and other cruel, inhuman and degrading treatment’, Office of the United Nations High Comissioner for Human Rights, 10 December 1984, http://www2.ohchr.org.
(24) United Nations, ‘Chapter IV: Human Rights, 4 . International Covenant on Civil and Political Rights’, United Nations treaty collection, 16 December 1966, http://treaties.un.org.
(25) United Nations, ‘Chapter IV: Human Rights, 8 . Convention on the Elimination of All Forms of Discrimination against Women’, United Nations treaty collection, 18 December 1979, http://treaties.un.org.
(26) ‘UN envoy urges protection against sexual violence amid Cote d’Ivoire crisis’, UN News Centre, 27 January 2011, http://www.un.org.
(27) ‘Ivory Coast: women shot during pro Ouattara march’, BBC News Africa, 3 March 2011, http://www.bbc.co.uk.
(28) Ibid.
(29) Ibid.
(30) Ibid.
(31) ‘UN human rights council condemns post- election violence in Ivory Coast’, DW- WORLD. DE, 23 December 2010, http://www.dw-world.de.
(32) ‘Press release on recent human rights violations in Cote d’Ivoire’, African Commission on Human & Peoples’ Rights, 20 December 2010, http://www.achpr.org.
(33) ‘UN envoy urges protection against sexual violence amid Cote d’Ivoire crisis’, UN News Centre, 27 January 2011, http://www.un.org.
(34) ‘Cote d’Ivoire: AU should press Gbagbo to halt abuses’, Human Rights Watch, 23 February 2011, http://www.hrw.org.
(35) Ibid.
(36) ‘Ivory Coast’, The New York Times, 17 March 2011, http://topics.nytimes.com.
(37) Ibid.
(38) ‘Protocol on amendments to the Constitutive Act of the African Union,’ http://www.africa-union.org.
(39) ‘Article 7 of the Rome statue of the International Criminal Court,’ http://www.preventgenocide.org.
(40) ‘Cote d’Ivoire: UN substantiates reports of killings, torture, arrests and disappearances’, UN News Service, 23 December 2010, http://www.globalsecurity.org.
(41) Xan Rice and Nicholas Watt, ‘Ivory Coast’s Laurent Gbagbo arrested four months on’, Guardian.co.uk, 11 April 2011, http://www.guardian.co.uk.
(42) ‘Cote d’Ivoire ICC Investigation must not exclude serious crimes’, Amensty International, 23 June 2011, http://www.amnesty.org.
(43) Julia Zebley, ‘ ICC prosecutor to seek investigation into Ivory Coast’, Jurist, 22 June 2011, http://jurist.org/paperchase..
(44) Ibid.
(45) ‘Ivory Coast: ICC closely monitoring Ivory Coast situation says deputy prosecutor’, Shout- Africa, http://www.shout-africa.com.

Written by Flora Ogbuitepu ⁽¹⁾