Resolution on Cote d’Ivoire

We the participants of the NGO FORUM participating at the 36th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 10th African Human Rights Book Fair help at NGOR DIARAMA from 20th to 22nd November 2004,

Considering that since the 1990s, Côte d’Ivoire is in the grip of a cycle of violence leading to numerous and serious abuses of human rights and international humanitarian law;

Considering that these abuses have remained unpunished to this day;

Considering that impunity is one of the major reasons for the persistence of the crisis which led to the outbreak of the war in September 2002;

Considering that the victims of human rights abuses have the right to truth, justice and compensation;

Considering that in order to resolve the Ivorian crisis, agreements have been signed including the Linas Marcoussis and Accra III Agreements which include some constitutional and legislative reforms as well as disarmament;

Considering that the clauses in the said agreements relating to disarmament and constitutional and legislative reforms have not yet been implemented;

Considering that the ceasefire stipulated in these agreements has been violated several times thus jeopardizing seriously the peace process;

Considering that the return of peace and the reunification of the country are essential for the people of Côte d’Ivoire;

Considering the resolution of the African Commission on Human and Peoples’ Rights adopted at its 35th ordinary session held in Banjul and the resolutions of the United Nations Security Council, particularly resolution 1572 of 15th November 2004 ;

The Forum requests the African Commission on Human and Peoples’ Rights to adopt a resolution recommending to:

1. The State of Côte d’Ivoire

To ensure the security of individuals and property in accordance with international provisions relating to the protection of human rights;

To put an end to the abuses of human rights and international humanitarian law and the culture and practice of impunity;

To immediately implement the agreements of Linas Marcoussis and Accra III by introducing constitutional and legislative reforms and respecting the ceasefire;

To strictly abide by resolution 1572 of the Security Council.

2. New Forces

To immediately put an end to human rights and international humanitarian law abuses and fight the impunity of these abuses in accordance with the International Covenant on Civil and Political Rights ;

To abide by the commitments made under the Linas Marcoussis and Accra III Agreements, particularly through disarmament and respect of the ceasefire.

3. France

To comply with the mandate entrusted to it by the United Nations Security Council by respecting the international humanitarian law.

4. ONUCI

To fulfill its mandate of peacekeeping, particularly by carrying out investigations of the abuses of human rights and international humanitarian law with a view to contributing to the fight against the impunity of the perpetrators of such abuses.

5. International Community

To abide by resolution 1572 of the Security Council, particularly its provisions relating to arms embargo, and get involved in ensuring the immediate return of peace and security in Côte d’Ivoire.

6. Prosecutor of the International Criminal Court

To react to the case submitted by Côte d’Ivoire by carrying out investigations with a view to determining the existence of international crimes within the jurisdiction of the International Criminal Court committed in the country since September 2002 and, as appropriate, take legal action against their perpetrators.

Done at Dakar, on 22nd November 2004
The Forum