Resolution on Ivory Coast

We the participants at the Forum on NGO Participation at the 35th Ordinary Session of the African Commission On Human And Peoples, Rights and at the 9th Book Fair on Human and Peoples’ Rights in Africa, held at the Kairaba Beach Hotel, Banjul, from 18 – 20 May, 2004,

Considering that since 1999, Ivory Coast has been caught up in a spiral of violence and insecurity characterised by:

• The war which broke out on 19 September, 2002 leading to thousands of death and the forced displacement of large segments of the population and created a zone devoid of administration and rule of law;
• The bloody repressions of the 24, 24, and 26 March, 2004 of an opposition demonstration killing at least 120 people and wounding 247 civilians;

Considering the Linas Marcoussis and the Accra 11 Agreements dated 24 January, 2003 and 7 March, 2003 respectively, aimed at fostering peace and reconciliation in Ivory Coast,

Considering the Security Council resolutions calling for the setting up of an International Commission of Enquiry into the 19 September, 2002 events;

Considering the findings of the Commission of enquiry of the United Nations High Commission for Human Rights which found the Highest Authorities responsible for the 24, 24, and 26 March, 2004 massacres;

Considering the grave concern expressed on 27 March, 2004 by the African Union Peace and Security Council at the situation prevailing in Ivory Coast and its repercussions on peace, security, and stability for this country and for the entire sub-region.(PSC/PR/Comm. (2004) (111));

Considering that the fight against the impunity enjoyed by the perpetrators of crimes committed since 1999 is the sine qua non for an end to the hostilities in Ivory Coast, and that the disarmament of combatants and compensation for the victims of war are also key elements for the resolution of this conflict;

The NGO Forum calls upon the African Commission for Human and Peoples’ rights to:

1. Condemn the grave and rampant violation of human rights, irrespective of the status of the perpetrators, committed against the civilians since 19 September, 2002, such as summary executions, acts of torture and arbitrary detention and disappearance meted out on civilians;

2. Request the President of the Republic of Ivory Coast the National reconciliation government and to all the Ivorian political parties, to enforce the Linas Marcoussis and Accra 11 Agreements in good faith;

3. Request the Ivorian authorities:

• to spare no effort in ensuring that the perpetrators of the criminal acts of 25, 26, and 27 March, 2004 are taken to court and tried in accordance with the international and regional provisions governing the Right to a Fair Trial and that the victims and their families are paid damages ;
• to respond to the exigencies of the fight against impunity for all crimes committed since the end of 1999 by placing Ivory Coast under the jurisdiction of the International Criminal Court and by promoting the setting up of a special Tribunal of an international nature.
• to establish a national census, rehabilitation, and compensation for victims (CRC), similar to the Disarmament demobilisation, and reintegration Programme (DDR), through legislation.

Done in Banjul, Gambia, 20 May, 2004