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13 December 2013

CIV104688.FE

Côte d'Ivoire: Treatment by members of Rally of the Republicans (Rassemblement des républicains, RDR) of members of the Ivorian Popular Front (Front populaire ivoirien, FPI), including family members (2008-December 2013)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview of RDR and FPI Relations from 2008 to 2010

Laurent Gbagbo, the leader of the FPI, was the President of the Côte d'Ivoire from 2000 to 2010 (PHW 2013, 339-341; Freedom House 2013). According to the Political Handbook of the World (PHW) 2013, the FPI held the majority of seats in the various governments that led the country during that decade (PHW 2013, 345). According to Amnesty International (AI), the FPI [AI English version] "dominated politics" in Côte d'Ivoire during this period (AI Feb. 2013, 18). The PHW points out however that RDR members also held positions in the 2005 and 2007 governments (PHW 2013, 341, 343).

2. 2010 Presidential Elections and Post-Electoral Conflict

During the October 2010 presidential elections, the RDR presidential candidate (running against Laurent Gbagbo) was Alassane Ouattara (PHW 2013, 341, 343; Europa World n.d.a), a former prime minister of the country (ibid.). According to the PHW, other opposition parties also got behind Mr. Ouattara during the second round of elections in 2010 (PHW 2013, 343). After the second round of elections in November 2010, Laurent Gbagbo and Alassane Ouattara both proclaimed victory and appointed parallel governments (ibid., 341; Europa World n.d.a). The majority of the international community recognized the victory of Mr. Ouattara, but Mr. Gbagbo, with the support of the army, retained the authority (ibid.; PHW 2013, 341).

In April 2011, following an armed battle between supporters on both sides, Laurent Gbagbo was captured by Mr. Ouattara's supporters, who were supported by international forces (PHW 2013, 342; Freedom House 2013; Europa World n.d.a). Mr. Ouattara was sworn in as President in May 2011 (ibid.; PHW 2013, 343).

Approximately 3,000 people were killed during the post-election violence (Jeune Afrique 15 July 2013; PHW 2013, 342; Le Monde 31 Aug. 2012). According to the PHW, this violence also forced over 500,000 people to relocate (PHW 2013, 342). However, according to Freedom House, the number of people who relocated between December 2010 and April 2011 was one million people (Freedom House 2013). Sources state that the two parties in conflict committed war crimes (AI Feb.2013, 10; Freedom House 2013; PHW 2013, 342). According to the PHW, observers stated that those who opposed Laurent Gbagbo were mainly responsible for the violence (ibid.). Freedom House states that pro-Ouattara forces were responsible for the conflict's "single largest massacre" (2013).

Alassane Ouattara appointed a new government in June 2011 (Europa World n.d.a; PHW 2013, 345). The FPI apparently refused to join the government (ibid.). The legislative elections in December 2011 were dominated by the RDR, which obtained a majority (ibid., 341; Europa World n.d.b). The FPI refused to participate in these elections (ibid.; PHW 2013, 341). According to AI, by boycotting these elections, the FPI [AI English version] "found itself, de facto, politically marginalized" (Feb. 2013, 16). Freedom House states that the RDR "dominates the political scene," while the FPI remains "disorganized" (2013).

The FPI also boycotted the municipal and regional elections in April 2013 (UN 26 June 2013, para. 4; Europa World n.d.b), stating that the elections had been marked by fraud (ibid.).

3. Attempts at Dialogue

According to AI, [AI English version] "distrust continues to prevail between the ruling coalition and the FPI, the main opposition party" (Feb. 2013, 16). A report by the French Office for the Protection of Refugees and Stateless People (Office français de protection des réfugiés et apatrides, OFPRA) on a mission in Côte d'Ivoire from 26 November to December 7 2012, similarly indicates that according to some FPI militants, FPI members have been [translation] "subject to mistrust and suspicion since the end of the post-electoral crisis" (France May 2013, 112).

Sources state however that there were efforts to establish dialogue between the current government and the FPI (Jeune Afrique 15 July 2013; AI Feb. 2013, 16; FIDH Oct. 2013, 4-5). In particular, in September 2011, President Ouattara set up a Dialogue, Truth and Reconciliation Commission (Freedom House 2013; Europa World n.d.a). However, sources note that these efforts to establish dialogue made little progress (FIDH Oct. 2013, 4-7; Jeune Afrique 15 July 2013; UN 26 June 2013, para. 5). The International Federation for Human Rights (Fédération internationale des ligues des droits de l'homme, FIDH) states that the government's efforts to establish a dialogue between the various political forces [FIDH English version]"was essentially subordinated to the political party line of the Front populaire ivoirien," which demanded the release or amnesty of its former leaders (Oct. 2013, 6). Other sources also note that the FPI refused to participate in efforts to establish dialogue as long as its demands were not met, including the release of Laurent Gbagbo (Freedom House 2013; PHW 2013, 345) and his supporters (ibid.).

According to AI,

[AI English version]

[t]his political stalemate has been exacerbated by several factors: the continuing detention, without trial, of more than 15 or so of Laurent Gbagbo's family members and collaborators; the transfer of the latter to the ICC (International Criminal Court) headquarters in The Hague and; the continued arrests of FPI officials in Côte d'Ivoire and in neighbouring countries, particularly Togo and Ghana (Feb. 2013, 16).

The FIDH similarly states that

[FIDH English version]

...the Ivorian judicial and political authorities in 2012 were targeting the FPI and put it in the position of a victim, thus catering to the radical fringes of the party. Arrests, indictments, attacks etc. against the FPI leaders and supporters increased in 2012, lending credence to the opinion of certain Gbagbo supporters that the regime was authoritarian and sought to curtail their freedoms, especially their political freedom (FIDH Oct. 2013, 6-7).

However, according to the FIDH, at the end of 2012, the government started [FIDH English version] "a dialogue and appeasement process" with the FPI, particularly by granting the interim release of Laurent Gbagbo supporters in December 2012 and in August 2013 (ibid., 4-7). In addition, the FIDH states that in September 2013, the Ivorian government announced that [FIDH English version] "Simone Gbagbo [Laurent Gbagbo's wife] would be tried in the Ivorian courts, in Ivory Coast, and not in The Hague," which, according to the FIDH, "sent a positive signal to the FPI" (ibid., 4).

4. Accusations Against the FPI

According to AI, the Ivorian government accuses Mr. Gbagbo's supporters of being responsible for armed attacks in 2012; the Ivorian government considers these attacks to be manoeuvres to destabilize the country (Feb. 2013, 11). The PHW also states that the government attributed attacks against the security forces to "'terrorists'" tied to the FPI (2013, 345). The FPI denied its involvement in these attacks, stating that it had chosen [AI English version] "the path of peaceful transition" (AI Feb. 2013, 11). According to AI, these accusations served as a pretext for [AI English version] "mass arrests of proven or suspected supporters of [...] the FPI" (Feb. 2013, 16).

5. Treatment of FPI Members

According to Jeune Afrique, [translation] "the authority in place is frequently accused of favouring a 'victors' justice'" (Jeune Afrique 15 July 2013). Jeune Afrique states that as of July 2013, no action was taken against the pro-Ouattara forces, despite [translation] "the serious crimes" attributed to them during the post-election period (ibid.). The PHW also states that the leaders of the FPI confirmed that "'the atrocities'" committed by Alassane Ouattara supporters remain unpunished, while many Laurent Gbagbo supporters had been arrested (2013, 342). The FIDH similarly states that [FIDH English version] "[u]p to now, [...] legal systems have been focusing on the perpetrators of crimes committed by members of the Gbagbo side," adding that more than 130 people "somehow connected to the former president" have been "charged and imprisoned" since 2011 (Oct. 2013, 4).

Laurent Gbagbo was extradited to the ICC to face charges of crimes against humanity committed during the post-election crisis (PHW 2013, 342; Europa World n.d.b). According to Europa World, in August 2011, Laurent Gbagbo and Simone Gbagbo were also charged with "economic crimes," including looting, armed robberies and misappropriation of funds, all committed in the context of the violence that followed the presidential elections (Europa World n.d.a).

Laurent Akoun, Secretary-General of the FPI, was arrested in August 2012 and sentenced to six months in prison for [AI English version] "'disturbing public order"" (AI Feb. 2013, 16; Europa World n.d.b; Le Monde 31 Aug. 2012), as well as ""a year of deprivation of civil rights'" and a "one year ban from appearing anywhere on the national territory outside his place of birth'" (AI Feb. 2013, 24, 25). Sources state that his trial took place a few days after his arrest (AI Feb. 2013, 24; Le Monde 31 Aug. 2012; Europa World n.d.b). According to Europa World, Laurent Akoun was among three of the supporters of Laurent Gbagbo who were arrested for reasons connected to incidents of violence committed in Abidjan in August 2012, incidents during which armed supporters of Laurent Gbagbo confronted members of the Ivorian security forces, resulting in the death of ten soldiers (n.d.b).

According to AI, the conviction of Laurent Akoun was based instead on statements that he made against Mr. Ouattara (AI Feb. 2013, 25). AI states that Laurent Akoun [AI English version] "at no time called for violence nor advocated its use," and considers him to be a "prisoner of conscience" (ibid.).

Alphonse Douati, the Deputy Secretary General of the FPI, was also arrested in August 2012; he was suspected of having funded an attack on a military camp (France May 2013, 119; AI Feb. 2013, 16, 24). AI notes however that Mr. Douati was also asked questions about [AI English version] "the challenging of the outcome of the 2010 Presidential election" (ibid.).

In a report submitted to the United Nations (UN) Security Council, the UN Secretary-General states that the interim Secretary of the FPI youth wing (JFPI), Koua Justin, was arrested in Abidjan on 7 June 2013 [UN English version] "on the grounds of endangering State security" (UN 26 June 2013, para. 11).

Sources state that in July 2013, charges were laid against 84 close relations of Laurent Gbagbo, including his wife Simone Gbagbo, for their actions during the post-electoral crisis (Jeune Afrique 15 July 2013; RFI 11 July 2013). According to Radio France internationale (RFI), the accused included Michel Gbagbo, the son of Laurent and Simone Gbagbo, and the President of the FPI, Pascal Affi N'guessan (ibid.). RFI adds that [translation] "the accused were charged with 'war crimes, blood crimes, economic crimes, disturbing public order, threats to state security and maintaining armed gangs.'Eight of them were even accused of 'genocide'"(ibid.).

According to Jeune Afrique, the date of their trial had not yet been set in July 2013 (Jeune Afrique 15 July 2013). However, in August 2013, some [FIDH English version] "prisoners [...] in the [...] 'inner circle'" of Laurent Gbagbo were granted interim release, including Michel Gbagbo and Pascal Affi N'Guessan (FIDH Oct. 2013, 8). Aboudramane Sangaré, the Vice President of the FPI, was also among the detainees who obtained an interim release (ibid.). According to FIDH, these interim releases were part of the government's attempts to appease relations with the FPI (ibid.).

According to the OFPRA mission report, FPI militants declared that the security forces had lists of names of FPI militants; the militants questioned also stated that they feared meeting in public, out of fear of drawing attention (France May 2013, 112-113). According to one militant, following attacks in the summer of 2012, [translation] "mass arrests targeted FPI strongholds. All FPI leaders are considered to be militia members" (ibid., 112). According to militants questioned by the OFPRA, [translation] "the repression is even stronger with respect to northerners belonging to the FPI because they are considered to be traitors" (ibid., 113).

According to sources, an FPI meeting in Abidjan in January 2012 was violently interrupted; one person was killed and a number of others were injured during the incident (Freedom House 2013; FIDH 27 Jan. 2012). According to the FIDH, the meeting had been authorized by the government; the perpetrators of the attack were not identified (ibid.). However, according to Freedom House, the attack was led by "members of the ruling coalition;" Freedom House also states that under the presidency of Alassane Ouattara, the security forces targeted Laurent Gbagbo's former supporters (Freedom House 2013).

According to a researcher working for an NGO who was questioned by the OFPRA, [translation] "some supporters of the FPI tend to exaggerate facts and are involved in implementing 'a strategy that involves coming across as the main victims of the crisis'" (ibid., 115). However, a researcher working for the French administration in Côte d'Ivoire who was questioned by the OFPRA reported on [translation] "extortions," "arbitrary arrests" and "disappearances" to which FPI militants are subjected (ibid.). The OFPRA report states that [translation] "since the end of the electoral crisis, most of the historical leaders of the FPI have been in exile or in captivity" (ibid., 118).

According to sources, the FPI accused the security forces of committing acts of intimidation during the period before the December 2011 elections (Europa World n.d.b; Freedom House 2013). According to Europa World, the government then announced the detention of 19 members of the armed forces (n.d.b).

5.1 Treatment of FPI Family Members

According to Abidjan.net, a Côte d'Ivoire news website, in April 2012, Mathais Kessié, the national Secretary of the Teachers Unit of the Ivorian Popular Front (Cellule des enseignants militants du Front populaire ivoirien, CEFPI), who is also [translation] "responsible for political training for current FPI leadership," was attacked, along with members of his family, by armed individuals who entered his home during the night (Abidjan.net 13 Apr. 2012). He and his two daughters were injured while escaping the attack, while his wife was [translation] "bound and then molested" (ibid.). According to Abidjan.net, the attackers, who fled after the military intervened, were not identified (ibid.). Abijan.net states, without providing further details, that Amani N'Guessan, a former minister and member of the FPI, and members of his family, were also victims of an attack a few days earlier (ibid.). A representative of the UN Operation in Côte d'Ivoire told OFPRA, without providing further details, that nine family members of an FPI government member were kidnapped during a raid in October 2012 (France May 2013, 115).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Abidjan.net. 13 April 2012. "Violence contre les responsables du Fpi : Mathias Kessié et sa famille attaqués." [Accessed 11 Dec. 2013]

Amnesty International (AI). February 2013. Côte d'Ivoire : La loi des vainqueurs - La situation des droits humains deux ans après la crise post-électorale. [Accessed 6 Dec. 2013]

Europa World. N.d.a. "Côte d'Ivoire: The Disputed 2010 Presidential Election." [Accessed 5 Dec. 2013]

Europa World. N.d.b. "Côte d'Ivoire: Recent Developments: The 2011 Legislative Elections." [Accessed 5 Dec. 2013]

Fédération internationale des ligues des droits de l'homme (FIDH). October 2013. Côte d'Ivoire : la lutte contre l'impunité à la croisée des chemins. [Accessed 6 Dec. 2013]

Fédération internationale des ligues des droits de l'homme (FIDH). 27 January 2012. " Côte d'Ivoire : les libertés de rassemblement et d'expression politique doivent être respectées." [Accessed 6 Dec. 2013]

France. May 2013. Office français de protection des réfugiés et apatrides (OFPRA). Rapport de mission en République de Côte d'Ivoire 26 novembre au 7 décembre 2012. [Accessed 5 Dec. 2013]

Freedom House. 2013. "Côte d'Ivoire." Freedom in the World 2013. [Accessed 6 Dec. 2013]

Jeune Afrique. 15 July 2013. "Côte d'Ivoire : le FPI rejette l'appel au "repentir" d'Alassane Ouattara." [Accessed 6 Dec. 2013]

Le Monde. 31 August 2012. "Côte d'Ivoire : six mois de prison ferme pour le numéro 2 du parti de Gbagbo." [Accessed 11 Dec. 2013]

Political Handbook of the World (PHW), 2013. 2013. "Côte d'Ivoire." Edited by Tom Lansford. Washington, DC: CQ Press. [Accessed 6 Dec. 2013]

Radio France internationale (RFI). 11 July 2013. "Christian Bouquet: Les partisans de Laurent Gbagbo vont repartir à l'attaque en affirmant qu'il y a une justice des vainqueurs." [Accessed 6 Dec. 2013]

United Nations (UN). 26 June 2013. Security Council. Trente-deuxième rapport du Secrétaire général sur l'Opération des Nations Unies en Côte d'Ivoire. (S/2013/377) [Accessed 6 Dec. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the following representatives and organizations were unsuccessful: Ligue ivoirienne des droits de l'homme; Mouvement ivoirien des droits humains; professor of political geography, Université Bordeaux 3; Regroupement des acteurs ivoiriens des droits de l'homme en Côte d'Ivoire.

Internet sites, including: Africa Confidential; Africa Time; Afrik.com; AllAfrica; British Broadcasting Corporation; ecoi.net; Factiva; International Crisis Group; Ligue ivoirienne des droits de l'homme; Notre-voie; United Kingdom – Border Agency; United Nations – Office of the High Commissioner for Human Rights, Refworld; United States – Department of State.

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