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II. RECOMMENDATIONS

To the Government of Côte d’Ivoire:

  • Issue clear instructions to all soldiers and other security force members to respect international humanitarian and human rights law. Take immediate steps, including instructions to commanders and disciplinary action, to ensure that attacks by members of the security forces and civilian militias on Ivorian civilians, Burkinabé residents, and Liberian refugees are ended, particularly in and around Daloa, Duékoué, Guiglo and other towns in the west.

  • Publicly acknowledge and condemn the unlawful killings and other abuses committed by state security forces both since September 2002 and before against members of the opposition, northerners, foreigners, and others distinguished by their religion or ethnicity. Request an international commission of inquiry to investigate abuses by all sides in the conflict and make recommendations to avoid a repetition of the events that led to conflict and to bring to justice those responsible. The commission of inquiry should also make recommendations for awarding compensation to those West African immigrants who have been victims of abuses and loss of assets and do not wish to return to Côte d’Ivoire. The findings and recommendations should be made public.

  • Thoroughly investigate all allegations of violations of international humanitarian law committed by members of security forces and civilian militia and prosecute, in compliance with international standards of due process, all those individuals against whom there is prima facie evidence of such abuses.

  • Immediately cease recruitment into irregular forces of Liberian refugees in Côte d’Ivoire.

  • Take steps to end recruitment of all Liberian and Ivorian children and ensure that child soldiers recruited by the Movement for Democracy in Liberia (MODEL) in Côte d´Ivoire are promptly disarmed, demobilized and provided adequate humanitarian assistance and other forms of support for their physical and psychological rehabilitation and social reintegration.

  • Desist from using and supporting the youth wing of the Popular Ivorian Front (FPI), the Student Federation of Côte d’Ivoire (FESCI), other youth associations and self-defense committees for security functions legally reserved for the police and paramilitary gendarmes, including checkpoint supervision; investigate and prosecute where appropriate members of any such group against whom there are allegations of the use of violence.

  • Support, cooperate with, and create a conducive environment for the proper functioning of the human rights monitoring component of the United Nations Mission in Côte d’Ivoire (MINUCI).

  • Cooperate with any future international commission of inquiry into abuses, and ensure by security and other measures that mass grave sites and other evidence are preserved for use by national or international investigation.

  • Ratify the Rome statute of the International Criminal Court, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other relevant international instruments.

  • To the “New Forces” (the MPCI, MJP and MPIGO rebel groups):

  • Issue clear instructions to all combatants to respect international humanitarian law in all military operations, particularly as it relates to the protection of civilians and ensure that combatants and commanders receive training on international humanitarian law.

  • Immediately refrain from committing abuses against civilians and enemy combatants and publicly acknowledge and condemn such abuses committed.

  • End the recruitment of all Liberian and Ivorian children and ensure that child soldiers are promptly disarmed, demobilized and provided adequate humanitarian assistance and other forms of support for their physical and psychological rehabilitation and social reintegration.

  • Support, cooperate with, and create a conducive environment for the proper functioning of the human rights monitoring component of MINUCI.

  • Cooperate with any future international or national commission of inquiry into abuses, including through the preservation of mass grave sites and other evidence.

  • Issue clear instructions to all combatants that they should allow the free return of all displaced people to areas in their control, in particular members of the Baoulé ethnic group who fled Bouaké and other locations in rebel-controlled territory.

  • To the Economic Community of West African States and the African Union:

  • Request and provide funding for the African Commission on Human and Peoples’ Rights to conduct a thorough fact-finding investigation into recent violence, ongoing human rights abuses, and the role of external actors such as Liberia, Burkina Faso and Liberian rebel groups in supporting the parties to the conflict in Côte d’Ivoire. The investigation team should cooperate with any future international commission of inquiry with regard to recommending compensation to those West African immigrants who have been victims of abuses and loss of assets and do not wish to return to Côte d’Ivoire.

  • Press for mechanisms to be established to ensure an end to impunity for the human rights and humanitarian law violations that have taken place in Côte d'Ivoire since October 2000.

  • To the United Nations Security Council:

  • Extend and broaden the mandate of the U.N. Panel of Experts on Liberia to investigate regional financing and support to abusive Liberian armed groups involved in the Côte d’Ivoire conflict, and consider extending the sanctions regime against those governments against whom there is evidence of such support.

  • Condemn the practice of recruitment of refugees from camps by governments and rebel groups in the region and request UNHCR to take urgent measures to improve protection, in collaboration with other U.N. and non-governmental humanitarian agencies.

  • Condemn the practice of recruitment of children, urge that all child soldiers be immediately disarmed and demobilized and request UNICEF, in collaboration with the government of Côte d´Ivoire, to ensure adequate humanitarian assistance and other forms of support for their physical and psychological rehabilitation and social reintegration.

  • Mandate the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions to request permission from the government of Côte d’Ivoire to conduct a fact-finding mission into recent events.

  • Ensure that the human rights unit of MINUCI is adequately funded, has an extensive field presence, and submits reports on ongoing human rights abuses in Côte d’Ivoire to the Security Council through the Office of the Resident Representative in Côte d’Ivoire, according to the terms of Security Council Resolution 1479. These reports should be made public.

  • To France and ECOWAS:

  • Ensure that troops in Operation Unicorn and the ECOWAS force respect international humanitarian law and implement their mandate to protect civilians in a robust manner throughout their areas of deployment.

  • To the United States, France, the European Union and other international donors:

  • Call publicly and privately on the Ivorian government to investigate and prosecute where appropriate all allegations of violations of international human rights and humanitarian law in connection with the conflict. Provide financial support for the establishment of an international commission of inquiry.

  • Refuse all military or police assistance to the Ivorian government, with the exception of human rights training programs, until good faith investigations have taken place and accountability for reported abuses by the security forces has beenestablished.

  • Fund humanitarian and development programs addressing the urgent humanitarian needs in western Côte d’Ivoire, including programs focusing on health, education, agricultural assistance, demobilization and reintegration, and community reconciliation.

  • Ensure and prioritize programs for the strengthening of the Ivorian judiciary and other institutions essential to the rule of law.

  • Support financially and through public statements local civil society organizations in their efforts to promote and protect human rights and support freedom of the press in Côte d'Ivoire.


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    August 2003