E/CN.4/2005/18/Add.3
page 9
and harass civilian groups whom they perceive to be close to the opposition parties, particularly
in the capital; and that human rights defenders are also regularly subjected to harassment and
persecution when they attempt to speak out in public on human rights violations around the
country.
19.
In the area of the administration of justice, the Special Rapporteur has received disturbing
information. It would appear that judicial mechanisms in the zones occupied by the Forces
Nouvelles have ceased to function. There are also regrettable shortcomings in the
government-controlled zone. The Special Rapporteur was told that, in some regions, including
Daloa, no assize court has sat for a year. There is no judicial system at all in the “zone of
confidence”, controlled by ECOWAS forces and Licorne. This situation fosters the climate of
impunity reported by various sources, which is held to be at least partly responsible for the
continuing cycle of violence and human rights violations.
20.
In addition, the proliferation of weapons, armed groups and militias represents, in the
Special Rapporteur’s view, a real threat to the safety of persons and property and has the direct
effect of militarizing Ivorian society as a whole and weakening its control mechanisms.
According to reports, militias such as the Jeunes patriotes (Young Patriots), who are generally
seen as pro-Government, are responsible for numerous violations, including harassment of
journalists they see as close to the opposition parties. They also apparently destroy retailers’
stocks of newspapers judged to be too close to the Forces Nouvelles.5
21.
After the Special Rapporteur’s visit, these reports and allegations of xenophobic
violence were given substance by the violence that broke out following a march organized
on 25 March 2004 by seven parties belonging to the Government of National Reconciliation, to
protest against the obstacles preventing the Government from working and to urge the full and
unhindered implementation of the Linas-Marcoussis Agreement. The Special Rapporteur notes
in particular that the report of the Commission of Inquiry on the events connected with the
march planned for 25 March 2004 in Abidjan states that certain communities were specially
targeted, including those from the north of the country or from neighbouring countries (notably
Burkina Faso, Mali and Niger) who were subjected to major violations of human rights,
including summary and extrajudicial execution, torture, arbitrary detention and disappearance.6
II. ACTION BY THE GOVERNMENT
A. The question of recognition of the existence of discrimination
22.
In any society, the sine qua non for the success of credible efforts to combat xenophobia
in all its forms is the objective recognition of its existence. In the case of Côte d’Ivoire, the
Special Rapporteur observed a certain ambivalence on this issue on the part of the public
authorities. On the one hand, the Special Rapporteur found in these meetings a more or less
explicit acknowledgement that certain actions may have xenophobic implications, but these were
described by some as apparently unavoidable “side effects of coexistence”. Yet there was also a
real reluctance, if not a refusal, on the part of the representatives of many administrations to
admit that there is in fact a xenophobic tendency within Ivorian society. The Special Rapporteur
believes that what he witnessed was the difficult transition between the dawning awareness of
the xenophobic nature of much of the political violence and an overt admission explicitly
acknowledging it. This ambivalence can also be seen in the fact that the same officials, for all