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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
Reports:
- Special Rapporteur on the human rights of internally displaced persons
- Special Rapporteur on Toxic Waste
- Representative of the Secretary-General on the human rights of internally displaced persons
- Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Special Rapporteur on the human rights of internally displaced persons
Chaloka Beyani
A/HRC/23/44/Add.1
Country visit: 22 to 31 July 2012
Report published: 24 May 2013
Statelessness and personal identity documents:
The Special Rapporteur expresses concern that:
An estimated 3 million children are without documentation of their birth. A presidential decree (No. 2011-258) issued in September 2011 provided for the possibility of delayed registration of births that could not be registered within the normal 90 days because of disruption to the civil registry system between 2002 and the 2010 post-election violence. The Special Rapporteur welcomed the measure, but notes that at its expiration on 30 July 2012, many children had still been unable to benefit from it. He urges the Government to extend the duration for delayed birth registrations, strengthen effective awareness-raising programmes at the community level on the importance of birth registrations, and consider abolishing all fees related to the registration and issuance of birth certificates. He further encourages the Government to ratify, at the earliest opportunity, the 1961 Convention on the Reduction of Statelessness and the 1954 Convention relating to the Status of Stateless Persons. (para 41)
The Special Rapporteur recommends that:
The government should take relevant measures to raise awareness of the importance of birth registration and to facilitate such registration, including through community outreach, exemptions of fees, the extension of timelines and other relevant measures to urgently address the estimated 3 million children, including IDPs, currently without documentation of their birth. (para 76)
Risk of evictions and secondary displacements of internally displaced persons:
The Special Rapporteur found that:
IDPs who decided to stay in Abidjan (for reasons of safety or livelihoods) could generally only afford shelter for a few months in a one-room shack in the informal settlements in and around the city, and were now at risk of eviction. Several internally displaced families he met with in this situation included highly vulnerable persons, such as an elderly woman with a child with a disability, and single teenage mothers with infants. He also met internally displaced families who had moved there during earlier crises, some dating back to 2002, who had never been able to move from the informal settlement and find a better solution. (para 43)
The Special Rapporteur recommends that:
Develop a comprehensive strategy to address the durable solution needs and dire living conditions of IDPs, with particular attention to vulnerable groups, and the needs of their host/receiving communities, and ensure coordination with the Secretary-General’s decision on durable solutions, to be piloted in Côte d’Ivoire. Such a strategy should be founded, inter alia, on the principle of non-discrimination, participation, on need and vulnerability, and include IDPs in both rural and urban contexts. (para 69)
Education:
The Special Rapporteur notes that:
In the area of education, it is estimated that in the western part of the country, 140,000 children missed out on their education in 2011, due to insecurity and the destruction and pillaging of school buildings. Education was also disrupted in the centre and east of the country, and in Abidjan. Even after the crisis, many young people who had dropped out of school because of the post-election violence have not been able to go back due to a lack of means.
The Special Rapporteur recommends that:
The Special Rapporteur stresses that urgent measures are necessary to ensure that children, some of whom have seen their education repeatedly disrupted over the past decade, are provided with the necessary support to resume their education and, where necessary, to make up the years of lost schooling. (para 61)
Special Rapporteur on Toxic Waste
Okechukwu Ibeanu
(A/HRC/12/26/Add.2)
Country visit: 4 to 8 August 2008 (Corte d'Ivoire) and 26 to 28 November 2008 (the Netherlands)
Report published: 3 September 2009
Health implications: With regard to health care, the Special Rapporteur has taken note of information received from the Government that free medical treatment was provided in approximately 50 access points, including public and private health institutions, and in mobile units. During his visit, the Special Rapporteur was informed that the access points often lacked proper equipment and medication to treat patients. In addition, many people, especially those living near the dumping sites, still experience health problems. Adverse effects on childbirth and child health, including miscarriages and stillbirth, have also been reported. The monitoring of the long-term effects on human health and care for the most vulnerable therefore remains necessary. (Paragraph 60)
Representative of the Secretary-General on the human rights of internally displaced persons
Walter Kälin
(A/HRC/4/38/Add.2)
Country visit: 17 April to 24 April 2006
Report published: 18 October 2006
International obligations: Côte d'Ivoire has ratified the main international human rights instruments, namely, the International Covenant on Civil and Political Rights (1992), the International Covenant on Economic, Social and Cultural Rights (1992), the International Convention on the Elimination of All Forms of Racial Discrimination (1973), the Convention on the Elimination of All Forms of Discrimination against Women (1996), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1996), and the Convention on the Rights of the Child (1991). Although Côte d'Ivoire hosts more immigrants than any other country in the subregion, it has not yet ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It has signed but not yet ratified the Rome Statute of the International Criminal Court. (Paragraph 16)
As to Côte d'Ivoire's obligations towards the bodies responsible for monitoring implementation of the conventions it has ratified, it appears that it has not yet submitted its initial reports to the Committee against Torture, the Human Rights Committee, the Committee on the Elimination of Discrimination against Women or the Committee on Economic, Social and Cultural Rights; nor has it submitted its second and third periodic reports to the Committee on the Rights of the Child. Côte d'Ivoire did submit a report to the Committee on the Elimination of Racial Discrimination in 2002. (Paragraph 18)
Youth violence: The Representative of the Secretary-General is nevertheless concerned about certain points, particularly the simultaneous organization of the disarmament, demobilization and reintegration process and the identification process, on which positions are firmly entrenched. In addition, the proliferation of weapons - especially weapons of war - the growing number of militias, especially in the west, and the gangs of youths espousing hate speech and violence pose challenges that must be met if a lasting solution is to be found. (Paragraph 25)
The particularly volatile political situation in Côte d'Ivoire makes it difficult for the humanitarian organizations in the field to work effectively. The events of January 2006, when United Nations agencies were attacked by young patriots demonstrating against what they saw as a decision by the International Working Group on Côte d'Ivoire to "dissolve" the National Assembly, clearly demonstrate the unsafe environment in which humanitarian agencies have to work. The Representative of the Secretary-General notes with satisfaction, therefore, President Gbagbo's announcement that he intends to take the necessary steps to enable humanitarian organizations to do their job of providing assistance to the population, particularly in the Guiglo region, which was hardest hit by the events in January. The Representative of the Secretary-General is concerned, however, that the authorities do not seem to be taking adequate measures to prosecute those responsible for the above-mentioned attacks and to compensate the organizations concerned for the damage suffered. (Paragraph 36)
The Representative of the Secretary-General is also concerned about the persistence of problems related to the physical protection of displaced persons, particularly in regions in the west and south of Côte d'Ivoire. Throughout the crisis, in fact, displaced persons who have had to flee their regions of origin for, basically, security reasons have been the victims of serious human rights violations committed both by the defence and security forces and by rebel or youth groups, who often go unpunished. According to the information received by the Representative of the Secretary-General, displaced persons continue to be the victims of numerous violations, and cases of targeted assassination, torture and sexual abuse have also been reported. There have also been reports of atrocities during the coffee and cocoa harvest. It is alleged that displaced persons are frequently the victims of extortion and racketeering. (Paragraph 47)
Child development: Having completed his mission, the Representative of the Secretary-General notes that the crisis in Côte d'Ivoire is not a classic humanitarian crisis, although some groups of displaced persons are in urgent need of assistance. According to the information he has collected, displaced persons are mainly suffering from problems related to the exercise of their economic and social rights. Everyone he met highlighted the dire poverty in which most of them were living. Although there is little information on the true situation of the 98 per cent of displaced persons living in host families, it is clear that these persons and the families that have taken them in are bound to have been affected disproportionately by the problems affecting the Ivorian population as a whole. The information received on the difficulties faced by displaced persons with regard to the full enjoyment of their rights to food, health care and education is particularly alarming. Representatives of displaced persons also mentioned that they have already been living off their host families in overcrowded houses for several years and that this situation has impoverished the families and led to tension between individuals, and is having a negative effect on the psychological and social development of children. Without an adequate government policy, the dire circumstances in which a large proportion of displaced persons find themselves could get even worse, especially as the host families begin to show signs of fatigue after three years of living in this way. (Paragraph 40)
Identity papers: Moreover, the lack of identity papers limits displaced persons' access to social and educational services. For example, mothers describe how difficult it is to enroll their children in school without a birth certificate. Their lack of identity papers also makes them particularly vulnerable to racketeering and corruption. (Paragraph 42)
The Representative of the Secretary-General recommends that the government authorities should: Ensure that displaced persons have access to humanitarian assistance, particularly health care and education services, without discrimination. The authorities are encouraged to give priority, as far as possible, to displaced persons when allocating budget resources, to guarantee the safety of humanitarian workers and to consider adopting provisional measures, particularly for individuals without identity papers and children without birth certificates (Paragraph 67f)
Child soldiers: With regard to children, over and above the difficulties related to the lack of birth certificates, the Representative of the Secretary-General was informed about the problems caused by the closure of schools and overcrowding in classes in reception areas. Cases in which displaced children are exploited both for their labour (agriculture, domestic work, night work, portering, etc.) and for sexual purposes have been reported. There have also been reports that some of them have been enlisted in armed groups. In this connection, the Representative of the Secretary-General would like to draw the attention of all parties involved in the crisis in Côte d'Ivoire to the fact that displaced children may in no circumstances be recruited into an armed force (Principle 13). (Paragraph 45)
Sexual violence: The Representative of the Secretary-General recommends that the government authorities should: Pay particular attention to the situation of women and children, who are a particularly vulnerable group within the displaced population, on the basis of, among other things, the UNHCR May 2003 guidelines for the prevention of and response to sexual and gender-based violence against refugees, returnees and internally displaced persons; (Paragraph 67j)
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
Mr. Doudou Diène
(E/CN.4/2005/18/Add.3)
Country visit: 9 February to 21 February 2004
Report published: 22 December 2004
International obligations: Côte d'Ivoire has ratified the main international human rights conventions, namely the International Covenant on Civil and Political Rights (1992), the International Covenant on Economic, Social and Cultural Rights (1992), the African Charter on Human and Peoples' Rights (1992), the International Convention on the Elimination of All Forms of Racial Discrimination (1973), the Convention on the Elimination of All Forms of Discrimination against Women (1995), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987), and the Convention on the Rights of the Child (1991). Côte d'Ivoire has signed but not yet ratified the Rome Statute of the International Criminal Court. At the regional level, it has ratified the African Charter on Human and Peoples' Rights and signed the statute establishing the African Court of Human and Peoples' Rights. (Paragraph 14)
As to Côte d'Ivoire's obligations towards the bodies responsible for monitoring implementation of the conventions it has ratified, it is required to submit reports to the Committee against Torture, the Human Rights Committee, the Committee on the Elimination of Discrimination against Women, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child (second periodic report). Côte d'Ivoire submitted a report to the Committee on the Elimination of Racial Discrimination in 2002. (Paragraph 15)
Violence: On 7 October 2002, a young man in Bouaké was allegedly stopped by a group of youths on his way home and burned alive because he belonged to the Dioula ethnic group. (Paragraph 30)
On 5 May 2003, a girl was allegedly killed in Yamoussoukro after having been beaten and raped by members of the forces of law and order, for carrying a photograph of a rebel around with her. (Paragraph 32)
Torture: The Special Rapporteur received several allegations of torture and ill-treatment on the part of both loyalist and rebel forces. A young man reported that he had been stopped on the Yamoussoukro-Didiévi Road on 23 October 2002. The gendarmes asked to see his papers and accused him of being an assailant. He was allegedly hit with a Kalashnikov and his collarbone broken. He was then held until 27 October, denied food and water during his detention, and tortured. (Paragraph 33)
Nationality: In a multiparty system, nationality is a decisive issue insofar as it determines individual eligibility to take part in elections. Côte d'Ivoire adopted jus sanguinis in 1972, which means that anyone who is born to Ivorian parents, marries an Ivorian, is adopted by an Ivorian or obtains Ivorian nationality by naturalization is or becomes Ivorian. According to information provided to the Special Rapporteur, identity cards issued since 1995 have been regarded with a degree of suspicion, partly because in some cases they were allegedly given to foreign nationals for purely electoral purposes. In a situation where migrants' right to vote and their electoral allegiances become a key factor in a political contest, possession of an identity card can no longer be seen as proof of nationality, and this opens the door to abuse and creates deep divisions within Ivorian society. The Special Rapporteur is particularly concerned at a clause in the Ivorian nationality certificate issued by the courts, which states that, while there is a presumption of birth in Côte d'Ivoire, the court must "establish the place of birth of the applicant's parent or parents where [the court] has reason to believe, for example on the basis of the names given on the applicant's birth certificate, that the parents are foreign".8 Names made out to be suspect in this way will in times of real crisis become names judged to be criminal, an important indicator of a dynamic of xenophobia. (Paragraph 46)
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Ambeyi Ligabo
(E/CN.4/2005/64/Add.2)
Country visit: 28 January to 5 February 2004
Report published: 1 November 2004
Youth violence: In late October 2002, several hundred West African immigrants and Ivorians of the Baoulé ethnic group were chased off their lands around Gagnoa, in southern Côte d'Ivoire, reportedly by groups of Bété youths, the same ethnic group as President Laurent Gbagbo. Moreover, in the West and Southwest of the country, militia gangs known as Bees, Gazelles, Panthers or Ninjas harassed and assaulted peasant farmers, many of whom are migrants from other West African countries, especially Burkina Faso. As a result, at least 250,000 people left Côte d'Ivoire, including Ivorians who took refuge in Liberia, and Guinea nationals from Liberia, Burkina Faso, Mali, Nigeria, Senegal and other West African countries. Members of the national armed forces allegedly provided militia members, particularly those of Bété ethnicity, with technical training and light weapons. (Paragraph 11)
Child soldiers:
At the beginning of his visit, the Special Rapporteur had the opportunity of participating in the weekly human rights briefing held at the headquarters of MINUCI in order to acquire first-hand information regarding human rights and the humanitarian situation. Inter-ethnic confrontation, often originating in land property disputes, was still a major concern especially in the West of the country. Various patterns of human rights violations were repeated in those regions: attacks against civilians, notably women, who were often subject to sexual harassment, and the abduction of children, who were often forcibly recruited as soldiers. With regard to the humanitarian emergencies, several participants at the briefing evoked the lack of medical supplies and the dire situation of refugees of Liberian origin. (Paragraph 13)
Student activists: Student activists have played a prominent role in the rebel movement and within other major political parties. The Jeunes patriotes are militia groups favourable to President Gbagbo, mainly composed of former student leaders from a national university students' association, the Student and School Federation of Côte d'Ivoire (Fédération estudiantine et scolaire de Côte d'Ivoire, or FESCI). In a meeting with the Special Rapporteur, representatives of the Jeunes patriotes stated that, in spite of the existence of various ideologies within their group, their common aim was the preservation, the unity and the future of Côte d'Ivoire based on the concept of ivoirité, citizenship and nationality. They felt that the majority of the opposition parties and their media have betrayed the Republic, thus destroying the country build up by Félix Houphouët-Boigny. (Paragraph 21)
Violence against children: Reducing the intensity of the conflict is the conditio sine qua non of rebuilding confidence and trust between the population, political parties, associations and groups. The implementation of the Linas-Marcoussis Agreement should swiftly be achieved: this means the achievement of the process of disarmament and demobilization, the disbanding of militia and the return to legality regarding the action of the police and the army. The seriousness of human rights violations, including violence against women, children and migrants, reached an intolerable level. (Paragraph 55)