UNHRC

Background
Guide
ON THE SITUATION OF HUMAN RIGHTS IN THE COTE D'IVORE IN
RELATION TO THE CONCLUSION OF THE 2010 PRESIDENTIAL
ELECTION (FREEZE DATE: 23RD DECEMBER, 2010)
Letter from the Executive Board:

Dear Delegates,

It is a great honour and privilege to welcome you to the United

Nations Humans Rights Council of the first online edition of APL
Model United Nations. As the Executive Board, we look forward to
overseeing and guiding you towards a conference of stimulating
and fruitful debate. We hope as the Executive Board we can work
towards creating an environment that encourages fresh
perspectives and plenty of scope for learning. We hope that by the
end of the committee, you will walk away with more knowledge as
compared to what you had at the beginning of the first session of
this conference.We understand that since this Human Rights
Council will be simulated on an online platform there are certain
obstacles that are to be expected in terms of creating an effective
debating environment. As the Executive Board, we will strive to do
our best in addressing these aspects along with whatever
concerns you may have so as to provide you with a memorable
experience.

This study guide has been provided to equip you with the basic
knowledge that you may find yourself requiring whilst beginning
your preparation process. That being said, please note that this
guide is to only serve as a starting point to your research and as
the Executive Board we expect you to delve far deeper into the
aspects of this agenda than what the contents of this guide
entails. Our duty as the Executive Board is to guide you and help
you throughout the conference so we encourage you to ask
questions that you may have without a shred of hesitancy.
A conscious effort has been made by the Executive Board to
ensure that this guide is as restrained as possible whilst still
providing the necessary framework required so as to not deprive
you of the opportunity of going about your own research based in
whichever manner suits you as an individual based on your own
unique perspectives. We understand that as this is an online
simulation we have no control over the usage of the internet by
delegates, nevertheless we encourage that you prepare for this
MUN the same way you would prepare for any other as your
preparation before the actual conference will definitely reflect on
your performance in committee. 

It is our duty to ensure that each and every delegate irrespective

of their previous experience walks away from the committee with
greater knowledge than they began with and to ensure a
memorable experience for everyone and we hope to do just that
through this conference. For any further queries, don’t hesitate to
contact us directly.

Guest Chairperson: Sarath Varadarajan

Co-Chairperson: Nishka Srivastava

Vice Chairperson: RV Pranav

What is the UNHRC?

The Human Rights Council is an inter-governmental body of the

United Nations whose primary objective is to protect and promote
human rights around the world. Its parent-body is the United
Nations General Assembly. Formed in 2006, it is one of the most
important UN bodies, consisting of 47 member nations elected tri-
annually, on a regional grouping basis to ensure equal
representation of nations. It is headquartered in Geneva,
Switzerland. It deals with issues ranging from women’s rights,
children’s rights to racial discrimination and freedom of speech. It
looks into various human rights abuse allegations committed by
countries and upholds the dignity of human life. The council is
headed by 5 individuals- One President and 4 Vice-Presidents that
represent the 5 regional groups mentioned before- African region,
Asia Pacific region, Latin America and Caribbean region, Western
Europe region and Eastern Europe region.The UNHRC consults
with several other organisations, especially regional and
international NGOs to assess human rights issues in various
countries and receives studies and recommendations from these
NGOs. In this simulation, the UNHRC acts as a consultative body
that will provide solutions for the agenda items. The member
nations will ultimately work on a resolution comprising all the
discussed solutions.

Mandate of the UNHRC

(a)    Promote human rights education and learning as well as
advisory services, technical assistance and capacity-building, to be
provided in consultation with and with the consent of Member
States concerned;
(b)    Serve as a forum for dialogue on thematic issues on all
human rights;
(c)    Make recommendations to the General Assembly for the
further development of international law in the field of human
rights;
(d)   Promote the full implementation of human rights obligations
undertaken by States and follow-up to the goals and
commitments related to the promotion and protection of human
rights emanating from United Nations conferences and summits;
(e)    Undertake a Universal Periodic Review, based on objective
and reliable information, of the fulfilment by each State of its
human rights obligations and commitments in a manner which
ensures universality of coverage and equal treatment with respect
to all States; the review shall be a cooperative mechanism, based
on an interactive dialogue, with the full involvement of the country
concerned and with consideration given to its capacity-building
needs; such a mechanism shall complement and not duplicate the
work of treaty bodies; the Council shall develop the modalities and
necessary time allocation for the universal periodic review
mechanism within one year after the holding of its first session;
(f)    Contribute, through dialogue and cooperation, towards the
prevention of human rights violations and respond promptly to
human rights emergencies;
(g)  Assume the role and responsibilities of the Commission on
Human Rights relating to the work of the Office of the United
Nations High Commissioner for Human Rights, as decided by the
General Assembly in its resolution 48/141 of 20 December 1993;
(h)  Work in close cooperation in the field of human rights with
Governments, regional organizations, national human rights
institutions and civil society;
(i) Make recommendations with regard to the promotion and
protection of human rights;
(j) Submit an annual report to the General Assembly.
 
What is an Emergency Special Session of the
UNHRC

As delegates must have noticed, this agenda happens to be very

specifically tied to a crisis that has just occurred. This is because
the agenda in question was called during an Emergency Special
Session of the UNHRC.

Pursuant to  paragraph 10 of General Assembly resolution

60/251, and in accordancewith rule 6 of the rules of procedure of
the Human Rights Council as contained in the annexto Council
resolution 5/1, the Council “shall hold special sessions, when
needed, at therequest of a member of the Council with the
support of one third of the membership of the Council”.

In the case of our agenda On 21 December 2010, the Permanent

Mission of Nigeria to the United Nations Office at Geneva, on
behalf of the Group of African States, and the Permanent Mission
of the United States of America to the United Nations Office at
Geneva requested theconvening of a special session of the
Council on 23 December 2010 to address the situationof human
rights in Côte d’Ivoire since the elections held on 28 November
2010.

As more than one third of the membership of the Council

supported the above mentioned request, the President of the
Council convened informative consultations on the matter on 22
December 2010 and decided to convene a special session of the
Council on 23 December 2010.
Overview of the Cote d'Ivoire crisis

The 2010 Côte d’Ivoire crisis, or the Ivorian crisis, is an example of

post-election conflict that quickly spiralled out of control and led
to human rights violations, refugees, and military action.

Cote d’Ivoire was embroiled in a long-standing civil war between

forces North and South of the country. Tensions were created due
to the mass immigration into the Ivory Coast from predominantly
Muslim neighbouring countries. As the Muslim population in the
North gained majority, ethnic tensions around voting rights rose,
particularly after the Coast’s first president Félix Houphouët-
Boigny passed away after serving for over thirty years. The
country, who suddenly had to deal with the democratic process,
began to see xenophobia and discrimination against people who
originated from neighbouring African countries (for example, the
Burkinabé people). Ethnic and racial violence turned into a war
following a controversial referendum regarding the parentage of
potential presidential candidates.

The context of the civil war caused the presidential elections to be

delayed multiple times. The north-south divide played a huge role
in the election as the two candidates, Alassane Ouattara  and
Laurent Gbagbo, had overwhelming support in the north and
south respectively. When the results of the vote were declared by
the Independent Election Council in favour of Ouattara, the
Constitutional Council declared that they were ‘wrong’ and
pronounced Gbagbo as the president. Both candidates took the
oath despite the international community and the UN recognising
Ouattara and asking Gbagbo to step down.
Timeline of Events

2002-2003: Côte d’Ivoire, the former French Colony, is embroiled

in a civil war that splits the country between the north and the
south. 

2003: Gbagbo and rebel leaders sign accords creating a

"government of national unity" although clashes between the two
sides continue.

2004: 120 people are killed when rallying opposition supporters

clash with troops, and subsequent mob violence leads to foreign
nationals being expelled. 

2005: The presidential election that should have been held in

2005 is postponed until 2010.

November 28, 2010: The second round of elections are held.

December 2, 2010: The Election Commission’s Bakayoko

announces Ouattara’s win. All borders are sealed.

December 3, 2010: Preliminary results announced by the

country's electoral commission shows a loss for Gbagbo in favour
of his rival Alassane Ouattara, who reaped 54 per cent of the
vote. One person from a neighboring country living in Abidjan was
burned to death and two others were nearly beaten to death as
residents in the area were celebrating what they believed was
Ouattara's presidential victory. 

December 4, 2010: The Constitutional Council declares the

results of seven northern departments unlawful and that Gbagbo
had won the elections with 51 per cent of the vote. These charges
are refuted by international observers. 
Soro resigns from the position of Prime Minister in the Gbagbo
regime. Gbagbo is sworn in as President.

December 5, 2010: Thabo Mbeki, the former South African

president, arrives in Côte d'Ivoire on a mediation mission aimed at
resolving the political crisis as fears of a resurgence of civil war
escalated. Gbagbo appoints Gilbert Aké as his new Prime Minister.

December 6, 2010: UNHCR indicated that it had registered about

22,000 Ivorian refugees who had entered Liberia in the wake of
the conflict.

December 7, 2010: The UN security council backs Alassane

Ouattara as the winner of Cote d'Ivoire's disputed presidential
election after days of deliberation. The African Union says it has
suspended the country's membership until Ouattara is installed in
power.

December 8, 2010: Congressman Donald Payne makes a

statement calling on Gbagbo to respect the will of the Ivorian
people and President Obama writes to Gbagbo. 

December 16, 2010: Violence breaks out between Gbagbo

troops and Ouattara supporters around the Golf Hotel. Clashes
between opposition supporters and security forces left 44 dead in
Abidjan and Yamoussoukro.

December 17, 2010: Secretary-General (SG-UN) Ban Ki-moon

issues a statement calling upon Gbagbo to accept defeat and step
down and condemns the violence.Raila Odinga, the Kenyan prime
minister, calls for African nations to remove Gbagbo from office by
force if necessary, further ratcheting up pressure on the
incumbent.
December 18, 2010: Gbagbo demands that UN and French
forces leave the country immediately. Sporadic outbreaks of
violence occur.

December 19, 2010: The United Nations warns that it has

received growing reports of human rights abuses, including
hundreds of reports of abductions. The UN special envoy to Cote
d'Ivoire puts the number of people killed at more than 50, with
200 injured and 270 detained. The US state department orders
most of its personnel to leave, and the EU imposes a travel ban on
19 pro-Gbagbo Ivorian officials.

December 20, 2010: The UN Security Council extends the United

Nations Operation in Côte d'Ivoire mandate until the end of June
2011 and condemns the attempts to usurp the will of the people,
calling on all to respect the election outcomes.

December 21, 2010:  UN secretary general warns of a "real risk"

of renewed civil war in Cote d'Ivoire. Gbagbo says he is ready to
welcome a delegation of international representatives "to solve
the crisis".

December 22, 2010: Nigerian Embassy in Abidjan attacked,

evacuating diplomats. ECOWAS offers Gbagbo asylum in Nigeria.

December 23, 2010: The United Nations formally recognises

Alassane Ouattara as the president of Cote d'Ivoire. The UN
human rights office, meanwhile, puts the number of dead in post-
election violence at 173, with 114 others either missing or
tortured. The Ivorian military renews its commitment to support
incumbent president Gbagbo, even as the West African central
bank blocks funds to him. The UNHRC entertains an 14th special
session on the Situation of human rights in Côte d’Ivoire in relation
to the conclusion of the 2010 presidential election.
FREEZE DATE: December 23, 2010 ( Events happened post
the given date won't be taken under consideration in the
committee). 

So what is a freeze date?

A freeze date is the date at which our session will be presumed to

occur. APL MUN UNHRC’s freeze date is 23 December 2010- the
date of the Emergency Special Session of the UNHRC that was
held to discuss the Ivorian crisis. Remember that, in session, the
date would be considered 23 Dec 2010 and any
decision/happening that took place on or after said date cannot,
logically, be discussed. You may not refer to the resolution the
committee adopted in that session. Our MUN committee would
be a recreation of the Emergency Special Session - knowing the
context of the ethnic conflict, the electoral disagreements and
accusations of fraud, and the violence breaking out around the
country, what decisions would you make as a representative of
your country? What resolution would you agree upon?
Questions to Consider

What happens to people escaping conflict and violence?

The 1951 Refugee convention assists the international community
and signatories of the convention in the understanding of how to
define the term “refugee”. In the case of the Ivorian crisis it is
important to consider the safety of people escaping conflict and
violence and how we as the international community should assist
them. Delegates should consider where these refugees are going,
how they are getting there and how they can be kept safe from
the perceived persecution they are escaping from.

How is media used by stakeholders in the conflict and to

what extent are citizens’ rights to information being
deprived?
The topic of media, the right to information and freedom of
expression has been debated amongst members of the
international community several times. Different countries have
interpreted these rights in different ways and have applied
policies, with these topics in mind, in different contexts. Delegates
should consider what their stances are on these issues and
approach the censorship of media and deprivation of the right to
information in the Ivorian Crisis. Remember that this information
is not necessarily just distributed through the media.

What will be the extent of violence faced by the citizens in

Cote d'Ivoire as result of the election crisis?
Several stakeholders in the conflict have been accused of
executing people with no legal sanction. Since, December 16 there
have been 173 killings and 90 cases of torture. The current
political impasse instills a palpable fear of further escalation of the
human rights situation. Delegates should consider every aspect of
violence when approaching a solution to the crisis at hand.
How will individuals be held accountable for their actions
and how will we ensure redressal for victims after the crisis
has concluded?
Countries emerging from times of conflict and repression require
an adequate response to large scale or systematic human rights
violations that the normal justice system would not be prepared
to handle. By putting victims and their dignity first, this signals the
way forward for a renewed commitment to make sure ordinary
citizens are safe in their own countries – safe from the abuses of
their own authorities and effectively protected from violations by
others. Delegates must consider the possible societal fragility that
will exist post-conflict as a constraint on the response to massive
violations that occurred.

Additional Reading

https://documents-dds-
ny.un.org/doc/UNDOC/GEN/G11/103/45/PDF/G1110345.pdf?
OpenElement

First Ivorian Civil War (2002-2007) • - Blackpast." 5 Aug. 2018,

https://www.blackpast.org/global-african-history/first-ivorian-civil-
war-2002-2007/. Accessed 30 Jul. 2020

https://www.aljazeera.com/news/africa/2010/12/20101219717453
17811.html