The African Commission on Human and Peoples’ Rights at its 35th Ordinary Session held in Banjul from 21st May – 4th June 2004, in Banjul, The Gambia:
Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations, as well as those of the African Charter on Human and Peoples’ Rights (African Charter), and other regional and international human rights and international humanitarian law treaties, to which the Republic of Cote d’Ivoire is a party;
Deploring the events of 24 – 26 March 2004, which were marked by shootings, wounding and massacres of innocent civilians;
Welcoming with appreciation the Government’s statement that a Commission of enquiry will be set up;
Considering the findings of the Commission of Inquiry of the Office of the United Nations High Commission for Human rights which found the Government authorities responsible for the March 2004 gross human rights violations;
Considering the grave concerns expressed on 27 May 2004, by the Peace and Security Council of the African Union , at the situation prevailing in Cote d’Ivoire and its repercussions on peace and security, stability for the country and for the entire sub-region;
Deeply concerned over the deadlock in the implementation of the Linas-Marcoussis Agreement and the continuing deterioration of the situation in Côte d’Ivoire and the impunity enjoyed by perpetrators of gross human rights violations against civilians since 1999;
Recalling the missions carried out by the Commission in April 2 - 4, 2001 and April 24 - 26, 2003;
Considering the initiative of the United Nations High Commission for Human Rights to set up a Commissioner to investigate the human rights violations perpetrated since the beginning of the crisis in Côte d’Ivoire;
Noting the laudable role of ECOWAS in its efforts to bring peace to Côte d’Ivoire and the efforts of the President of the African Union Commission to facilitate an effective re-launch of the peace process in Côte d’Ivoire and, more particularly, to contribute to the promotion of dialogue and understanding among the leaders of the countries of the region;
1. Deplores the grave and rampant human rights violations committed against the civilian populations, such as summary and arbitrary executions, torture and arbitrary detention and disappearances;
2. Requests the President of the Republic of Cote d’Ivoire, National Reconciliation Government and all Ivorian political parties to implement the Linas-Marcoussis agreement;
3. Urges the Ivorian authorities to spare no efforts in ensuring that the perpetrators of the violation of human rights of March 24-26 2004 and any other violation perpetrated are brought to justice, the victims, their families are appropriately compensated;
4. Calls upon the Ivorian Government to ensure full compliance with the provisions of the African Charter on Human & Peoples’ Rights and other international human rights instruments.
5. Undertakes to send a fact finding mission to investigate human rights violations committed in Cote d’Ivoire since the beginning of the crisis.
Done in Banjul, the Gambia on 4th June 2004.