The Linas-Marcoussis Agreement
Date Signed: 23 January, 2003
Accord Type: Comprehensive Peace Agreement
Country: Côte d'Ivoire
44.44Implementation Score after 3 years
Provisions in this Accord
Amnesty
2003
The Linas-Marcoussis Agreement required the transitional government to grant amnesty to “all military personnel detained on charges of threatening State security,” as well as soldiers living in exile. However, human rights and international law violations were to be exempt.
President Laurent Gbagbo announced on July 4, 2003, that his government had approved a draft amnesty law. The Amnesty Act was passed by the National Assembly on August 6, 2003, and promulgated on August 8.[1] The Amnesty Act covered specific clashes between government and rebel forces between September 2000 and September 2002 and exempted certain crimes such as human rights and international law violations.[2]
[1] “Cote d’Ivoire: President approves amnesty law for rebels,” ReliefWeb, July 4, 2003, accessed October 16, 2018 from https://reliefweb.int/report/c%C3%B4te-divoire/c%C3%B4te-divoire-president-approves-amnesty-law-rebels
[2] “Letter dated 12 August 2003 from the Permanent Representative of Cote d’Ivoire to the United Nations addressed to the President of the Security Council,” United Nations (S/2003/810), August 13, 2003.
2004
No developments observed this year.
2005
No developments observed this year.
| i) The Government of National Reconciliation will take the necessary steps to ensure release and amnesty for all military personnel being held on charges of threatening State security and will extend this measure to soldiers living in exile.
Annex VII – Regrouping, disarming and demobilizing 5. The Government of National Reconciliation will take the necessary steps to ensure the release and amnesty of all military personnel detained on charges of threatening State security and will extend the benefit of these measures to soldiers living in exile. The amnesty law will under no circumstances mean that those having committed serious economic violations and serious violations of human rights and international humanitarian law will go unpunished. |
Cease Fire
2003
The Linas-Marcoussis Agreement established a ceasefire between the rebels and the government, facilitated by ECOWAS (Economic Community of West African States) and French peacekeepers.
Rebel and government troops clashed throughout the spring of 2003, conducted military offensives, and accused the other side of violating the ceasefire.[1] Government forces continued to use airstrikes on rebel-held positions.[2] The government and the Forces nouvelles signed a second ceasefire in Abidjan on May 3. Rebels accused the government of undertaking an offensive to retake Danane hours before the ceasefire was signed,[3] and claimed the government launched additional offensives the day after the ceasefire.[4] However, the ceasefire appeared to stabilize after the second agreement. The government and Forces nouvelles signed a follow-up agreement in Abidjan on July 4, declaring the war to be over.
[1] “Cote d’Ivoire; Ivory Coast govt troops attacked by rebels in west,” Africa News, April 22, 2003.
[2] “France condemns violation of cease-fire by government in Ivory Coast,” The Associated Press, April 17, 2003.
[3] “Ivory Coast government, rebels sign countrywide cease-fire; fighting reported,” The Associated Press, May 3, 2003.
[4] “Ivory Coast rebels claim attack by government troops, despite recent cease-fire,” The Associated Press, May 5, 2003.
2004
On October 11, the Government and Forces nouvelles signed the Yamoussoukro Joint Declaration, reaffirming their commitment to the ceasefire and the DDR process.[1] On November 4-6, the National Armed Forces launched an air bombardment of rebel territory near Bouaké,[2] resulting in over 25 fatalities.[3] According to President Gbagbo, the strikes were a deliberate attempt to retake rebel-held towns. The French military base in Bouaké was also bombed on November 6, allegedly by accident. In response, the French forces destroyed the Ivorian air force.[4]
[1] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
[2] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
[3] “Ivory Coast:Government,” UCDP Conflict Encyclopedia, http://ucdp.uu.se/additionalinfo?id=419&entityType=1, Accessed October 22, 2018.
[4] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
The United Nations Mission in Cote d’Ivoire (UNOCI) observed clashes in February between the Forces nouvelles and a pro-government militia, as well as violations of the “zone of confidence” between the government controlled north and rebel south throughout the spring.[1] In April, the parties signed the Pretoria Agreement, declaring the final cessation of all hostility. The status of the ceasefire improved following the Pretoria Agreement. UNOCI reported no violations of the ceasefire or major violations of the zone of confidence between March and June.[2]
[1] “Fourth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/186), March 18, 2005.
[2] “Fifth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/398), June 17, 2005.
| 2. The Round Table welcomes the cease-fire made possible and guaranteed by the deployment of ECOWAS forces supported by French forces, and demands strict compliance with it. The Round Table calls on all parties immediately to put a stop to all exactions and consecrate the peace. It calls for the immediate release of all political prisoners |
Citizenship Reform
2003
Under the Linas-Marcoussis Agreement, the powersharing government was to undertake changes to Ivory Coast’s citizenship law. The powersharing government was to submit a naturalization bill to address the status of persons in the country illegally. In addition, the new government would suspend identification and registration procedures pending the appointment of a National Identification Commission.
No progress observed this year.
2004
The National Assembly passed a law addressing the status of foreigners residing in the country in April; however, the bill did not address naturalization.[1] A January report from the UN Mission in Cote d’Ivoire (MINUCI) raised concerns “that the National Identification Office continues to operate without the judicial-political oversight mechanism provided for in the Linas-Marcoussis Agreement.” [2] In December, the National Assembly naturalized residents in the country prior to independence in 1960 or turned 21 in Ivory Coast after 1961.[3]
[1] “Ivory Coast parliament adopts law on status of foreigners,” Agence France Presse, April 8, 2004.
[2]“Report of the Secretary-General on the United Nations Mission in Cote d’Ivoire submitted pursuant to Security Council resolution 1514 (2003) of 13 November 2003,” United Nations (S/2004/3), January 6, 2004.
[3] “Ivory Coast parliament completes vote on peace pact laws,” Agence France Presse, December 17, 2004.
2005
The United Nations Mission in Cote d’Ivoire (UNOCI) reported in March that “Prime Minister Diarra has sought to reactiveate the national identification exercise”, although it was unclear if the reforms to the National Identification Commission had been modified in line with the requirements of the Linas-Marcoussis agreement.[1] Despite new laws passed in 2004, nationality and naturalization continued to be a source of friction.[2] In September, President Gbagbo again revised these laws.[3]
[1] “Fourth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/186), March 18, 2005.
[2] “No peace in Ivory Coast without solution to nationality problem: Rebel leader,” Agence France Presse, August 30, 2005.
[3] “Gbagbo revises Ivory Coast’s contested nationality laws,” Agence France Presse, September 2, 2005.
| I- Citizenship, identity, status of foreign nationals
1. The Round Table considers that Law 61-415 of 14 December 1961 on Ivorian citizenship, as amended by Law 72-852 of 21 December 1972, which is based on complementarity between jus sanguinis and jus soli and makes broad provision for naturalization by certificate issued by the public authorities, is a generous and well-drafted text. The Round Table considers on the other hand that there are many difficulties in implementing the law, as a result either of lack of awareness among populations or of administration and police and security force practices which disregard the law and human rights. The Round Table has observed a degree of legal difficulty in applying Articles 6 and 7 of the Citizenship Code. This difficulty is compounded by the fact that in practice the certificate of citizenship is valid for three months only and that the person holding it must prove his citizenship each time it is renewed by producing a number of documents. However, the Code has heretofore been applied. Therefore the Government of National Reconciliation will: a. immediately promote increased recourse to existing naturalization procedures, based on better information and possibly co-operation projects implemented with the support of international development partners; b. submit, on an exceptional basis and within six months, a naturalization bill aimed at settling in a simple and accessible manner the cases of those persons deemed ineligible and considered to be in the country illegally (in particular cases concerning persons formerly covered by Articles 17 to 23 of Law 61-415 as repealed by Law 72-852 and persons residing in Cote d’lvoire prior to 7 August 1960 who did not exercise their option within the prescribed deadline), and supplement the existing text by including in new Article 12 foreign men married to Ivorian women. 2. To cope with the uncertainty and slow pace of the identification process and with the mistakes and abuses to which security checks can give rise, the Government of National Reconciliation will take further action with respect to registration and identification of individuals, in particular: a. Suspension of the current identification process pending decrees implementing the Law and timely establishment of a National Identification Commission, headed by a judge and made up of representatives of the political parties, to be charged with supervising and overseeing the National Identification Office. b. Ensuring strict consistency of the Law on Identification with the Citizenship Code regarding proof of citizenship. 3. The Round Table finds that the foreign nationals residing in large numbers in Cote d’lvoire have made a major contribution to national wealth and helped confer on Cote d’lvoire its special position and responsibility within the sub-region, which has also benefited the countries of origin of these foreign nationals, and considers that the petty annoyances perpetrated by the administration and the police and security forces, which often disregard the law and human rights and which often affect foreign nationals, can be caused by wilful misapplication of identification provisions. a. The Government of National Reconciliation will therefore immediately eliminate the residence permit requirement under Article 8 paragraph 2 of Law 2002-03 of 3 January 2002 for nationals of ECOWAS countries and will carry out the immigration inspection needed by using means of identification not subject to fraudulent misuse. b. Moreover the Government of National Reconciliation will consider introducing legislative and regulatory provisions to improve the status of foreign nationals and protect their property and persons. c. The Round Table also calls on all ECOWAS Member States to ratify, in a timely manner, the existing protocols concerning free circulation of persons and goods, to practice strengthened cooperation in controlling migratory flows, to respect the fundamental rights of immigrants and to diversify areas of development. These actions can be implemented with the support of international development partners. III- Eligibility to the Presidency of the Republic 2. The Citizenship Code will be amended by adding to the conditions under which Ivorian citizenship can be revoked, under Article 53, the following words: “holding elective office abroad or serving as a member of a foreign government”. |
Demobilization
2003
The Linas-Marcoussis Agreement outlined a two-step disarmament, demobilization, and reintegration (DDR) program to be undertaken by the transitional powersharing government. First, the new government would canton all ground forces in conjunction with ECOWAS and French forces. Second, these forces would be disarmed under the supervision of France and ECOWAS. The first phase was to begin immediately after the conclusion of the conference in Linas-Marcoussis.
A March UN Security Council report on the status of the implementation of the agreement noted that demobilization had not begun, citing both delays in the formation of the transitional powersharing government as well as logistical issues affecting the deployment of ECOWAS forces that were to oversee cantonment.[1] The first report of the UN Mission in Cote d’Ivoire (MINUCI) in August noted that the transitional government had formed and begun drafting a DDR program. Cantonment was to begin on July 31, and demobilization was to be completed by the end of September. The Forces nouvelles delayed joining the DDR process until the amnesty law was passed in August.[2] The Forces nouvelles withdrew from the DDR process and the transitional government in September, which stalled demobilization.[3]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
[2] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[3] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
2004
The National Armed Forces and Forces nouvelles met in January and February to discuss the implementation of the disarmament, demobilization, and reintegration program required under the Linas-Marcoussis Agreement. The parties agreed to initiate the DDR program on March 8. However, a coalition of opposition parties withdrew from the transitional powersharing government in March, causing further delay in the DDR process.[1] On July 30, the parties signed the Accra III Agreement, committing to begin the DDR process by October 15. However, demobilization did not begin in 2004.[2]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[2] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
In April, the parties signed the Pretoria Agreement, agreeing to immediately begin the disarmament, demobilization, and reintegration program. However, in May the Fources nouvelles made their participation in the DDR program contingent on additional political reforms and further security guarantees.[1] Demobilization did not begin in 2005.
[1] “Fifth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/398), June 17, 2005.
| 3. The Round Table reiterates the need to maintain the territorial integrity of Cote d’lvoire and respect for its institutions and to restore the authority of the State. It recalls its commitment to the principle of democratic accession to and exercise of power. To this end it agrees as follows:
g) In order to contribute to restoring security of persons and property throughout the national territory, the Government of National Reconciliation will organise the regrouping and subsequent disarming of all forces. It will ensure that no mercenaries remain within the country’s borders.
h) The Government of National Reconciliation will seek the help of ECOWAS, France and the United Nations to arrange for their forces to guarantee these operations.
Annex
VII – Regrouping, disarming and demobilizing
1. Immediately after assuming office, the Government of National Reconciliation will undertake the process of concomitant regrouping of the forces on the ground, under the supervision of ECOWAS and French forces.
2. In a second phase it will set out the measures to be taken with respect to disarming and demobilizing these forces, also under ECOWAS and French force supervision. |
Disarmament
2003
The Linas-Marcoussis Agreement outlined a two-step disarmament, demobilization, and reintegration (DDR) program to be undertaken by the transitional powersharing government. First, the new government would canton all ground forces in conjunction with ECOWAS and French forces. Second, these forces would be disarmed under the supervision of France and ECOWAS. The first phase was to begin immediately after the conclusion of the conference in Linas-Marcoussis.
A March UN Security Council report on the status of the implementation of the agreement noted that disarmament had not begun, citing delays in both the formation of the transitional powersharing government as well as logistical issues affecting the deployment of ECOWAS forces that were to oversee cantonment.[1] The first report of the UN Mission in Cote d’Ivoire (MINUCI) in August noted that the transitional government had formed and begun drafting a DDR program. Cantonment was to begin on July 31, and disarmament was to be completed by early September. The Forces nouvelles delayed joining the DDR process until the amnesty law was passed in August.[2] The Forces nouvelles withdrew from the DDR process and the transitional government in September, which stalled disarmament.[3]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
[2] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[3] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
2004
The National Armed Forces and Forces nouvelles met in January and February to discuss the implementation of the disarmament, demobilization, and reintegration program required under the Linas-Marcoussis Agreement. The parties agreed to initiate the DDR program on March 8. However, a coalition of opposition parties withdrew from the transitional powersharing government in March, causing further delay in the DDR process.[1] On July 30, the parties signed the Accra III Agreement, committing to begin the DDR process by October 15. However, demobilization did not begin in 2004.[2]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[2] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
In April, the parties signed the Pretoria Agreement, agreeing to immediately begin the disarmament, demobilization, and reintegration program. However, in May, the Fources nouvelles made their participation in the DDR program contingent on additional political reforms and further security guarantees.[1] Disarmament did not begin in 2005.
[1] “Fifth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/398), June 17, 2005.
| g) In order to contribute to restoring security of persons and property throughout the national territory, the Government of National Reconciliation will organise the regrouping and subsequent disarming of all forces. It will ensure that no mercenaries remain within the country’s borders.
h) The Government of National Reconciliation will seek the help of ECOWAS, France and the United Nations to arrange for their forces to guarantee these operations.
Annex
VII – Regrouping, disarming and demobilizing
1. Immediately after assuming office, the Government of National Reconciliation will undertake the process of concomitant regrouping of the forces on the ground, under the supervision of ECOWAS and French forces.
2. In a second phase it will set out the measures to be taken with respect to disarming and demobilizing these forces, also under ECOWAS and French force supervision.
3. All recruits enlisted after 19 September will be immediately demobilized. |
Economic and Social Development
2003
Under the Linas-Marcoussis Agreement, the transitional powersharing government was to “facilitate the resumption of educational, administrative, economic and social activity” in Ivory Coast and prepare a plan for reconstruction and development.
The first UN Mission in Cote d’Ivoire (MINUCI) report noted that the transitional powersharing government had begun sending technical assistance missions to the rebel-controlled north[1] and reopened road and rail links between the north and south.[2] Draft laws regarding economic recovery were under consideration by the National Assembly as of August, but it is unclear whether they were passed in 2003.
[1] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[2] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
2004
The UN Mission in Cote d’Ivoire (MINUCI) reported in January that “the economic situation in the areas controlled by the Forces nouvelles is dire” due to the breakdown of the formal economy, civil service administration, and social services.[1] Some state civil administrators were redeployed to the north and west of the country by the end of January. Schools in the rebel-held north officially reopened in February but lacked sufficient staff.[2] The parties met in Accra, Ghana, July 29-30 and signed the Accra III Agreement, which called for the transitional government to “establish a timetable for the restoration of State administration and public services throughout the country.” Despite the breakdowns in the ceasefire in November, the UN Operation in Cote d’Ivoire (UNOCI) reported the redeployment of civil servants and restoration of some government administration in the north and west during the final three months of 2004.[3]
[1] “Report of the Secretary-General on the United Nations Mission in Cote d’Ivoire submitted pursuant to Security Council resolution 1514 (2003) of 13 November 2003,” United Nations (S/2004/3), January 6, 2004.
[2] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[3] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
In March, the UN Operation in Cote d’Ivoire (UNOCI) noted that the return of state administration in the northern part of Ivory Coast had been minimal. State education services continued to be disrupted in the Forces nouvelles controlled north.[1] The Pretoria Agreement, which the parties signed in April, did not address the economic situation.
[1] “Fifth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/398), June 17, 2005.
| VIII- Economic recovery and the need for social cohesion
1. The Government of National Reconciliation will restore free circulation of persons and goods throughout the national territory and facilitate the resumption of educational, administrative, economic and social activity.
2. It will prepare, in a timely fashion, a plan for infrastructure reconstruction and development, national economic recovery and strengthening of social cohesion. |
Electoral/Political Party Reform
2003
The Linas-Marcoussis Agreement required that the transitional powersharing government modify Ivory Coast’s election process by allowing for greater representation of opposition groups on the Independent Electoral Commission, enact legislation regarding public funding for political parties, and address “the status of the opposition.” It also included draft language to modify the Constitution to clarify the requirements for presidential candidates, including their citizenship.
By August, the transitional government’s draft program, which included proposals to review voter registration and address public funding for political parties, was under review by the National Assembly.[1] An August report by the UN Mission in Cote d’Ivoire (MINUCI) suggested the government had a five-month timeline for modifying the Constitution’s provisions on the Presidency to be consistent with the Linas-Marcoussis Agreement.[2] However, it does not seem that the constitutional reform process began this year or that the National Assembly passed the government’s program.
[1] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[2] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
2004
By June, a draft law on the reform of the Independent Electoral Commission was under consideration by the National Assembly.[1] The National Assembly passed a law on public funding during its August-September session.[2] In December, the National Assembly abolished the constitutional requirement that candidates for President have Ivorian parents.[3] Also in December, the Assembly passed a law reforming the Independent Electoral Commission. The Forces nouvelles received three seats on the commission, while each party in the legislature received two. Opposition political parties claimed the Commission would not be sufficiently independent of the executive.[4]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[2] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
[3] “Ivory Coast parliament completes vote on peace pact laws,” Agence France Presse, December 17, 2004.
[4] “Ivory Coast parliament passes law creating electoral commission,” Agence France Presse, December 10, 2004.
2005
The status of the Independent Electoral Commission continued to be a source of dispute in 2005. Opposition parties continued to claim that the new Commission violated the Linas-Marcoussis agreement. In April, the parties signed the Pretoria Agreement, in which they agreed to additional reform of the Electoral Commission. The reformed Commission was sworn in in October.[1]
[1] “Ivory Coast’s electoral commission sworn in,” Agence France Presse, October 17, 2005/
| II- Electoral system
1. The Round Table considers that Law 2000-514 of 1 August 2000 on the Election Code raises no difficulties and reflects efforts to improve the text of the laws and that Law 2001-634 of 9 January 2001 creating the Independent Electoral Commission constitutes significant progress in ensuring the organization of transparent elections.
2. The Government of National Reconciliation: a. will ensure impartiality of the measures taken to identify voters and draw up voter lists;
b. will submit several amendments to Law 2001-634 aimed at achieving better representation of the parties taking part in the Round Table within the central committee of the Independent Electoral Commission, including its Officers;
c. will submit, within 6 months, a bill relating to the status of the opposition and to the public funding of political parties and election campaigns;
d. will submit within one year a bill on illicit personal enrichment and will organize effective inspection of the personal asset disclosures filed by those elected;
III- Eligibility to the Presidency of the Republic 1. The Round Table considers that Article 35 of the Constitution on the Election of the President of the Republic must avoid referring to concepts without legal content or deriving from legislation. The Government of National Reconciliation will therefore propose that the conditions governing eligibility to the Presidency of the Republic be laid down as follows:
“The President of the Republic is elected by universal suffrage to a five year term of office. He can be re-elected only once. The candidate must be in possession of his civil and political rights and be at least thirty-five years of age. He must have only Ivorian citizenship and have a father or a mother born Ivorian.”
2. The Citizenship Code will be amended by adding to the conditions under which Ivorian citizenship can be revoked, under Article 53, the following words: “holding elective office abroad or serving as a member of a foreign government”.
3. The President of the Republic shall publish a report on his state of health once a year. |
Human Rights
2003
The Linas-Marcoussis Agreement required the transitional powersharing government to establish a National Human Rights Commission with delegates to be nominated by the signatories.
Legislation establishing the National Human Rights Commission was introduced to the National Assembly as part of the government’s program by August.[1] However, the Commission was not created this year.
[1] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
2004
The National Assembly had begun debating a draft law to establish the National Commission on Human Rights by June.[1] However, the law was not passed this year.
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
2005
In July, President Gbagbo used constitutional powers to bypass the National Assembly and promulgate legislation creating the National Commission on Human Rights. The Forces nouvelles had requested the law be passed by the National Assembly, but South African President Thabo Mbeki, mediating on behalf of the African Union, advised Gbagbo to promulgate the law himself.[1]
[1] “Ivory Coast leader reports passing laws agreed to in peace pact,” The New York Times, July 16, 2005.
| VI- Rights and freedoms of the individual
1. The Government of National Reconciliation will immediately set up a National Human Rights Commission to ensure protection of rights and freedoms in Cote d’lvoire. The Commission will be made up of delegates of all Round Table parties and be chaired by a person accepted by all. |
Media Reform
2003
Under the Linas-Marcoussis Agreement, the transitional powersharing government was required to reform media regulation in order to ensure the neutrality of state media, eliminate xenophobia in the media, and establish the financial independence of the press. The Agreement stipulated that this was to be completed within a year. In addition, the government was required to restore the free broadcast of international radio and television.
BBC, Radio France Internationale, and Radio Nostalgie broadcasts all resumed by the end of February.[1] The UN Mission in Cote d’Ivoire (MINUCI) reported that the government authorized a media watchdog to sanction media hate speech. MINUCI’s report recommended a new press law to eliminate the financial dependence of much of the media on political parties. However, it does not appear the law was passed in 2003.
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
2004
Laws regulating the media and establishing its financial independence were not passed this year. A UN Operation in Cote d’Ivoire report noted that “most Ivorian media…remain under the direct control of political parties.”[1]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
2005
The parties signed the Pretoria Agreement in April, agreeing to restructure the governance of Ivorian Radio and Television.
| V- Media
1. The Round Table condemns the incitement to hatred and xenophobia propagated by certain media.
2. The Government of National Reconciliation will within one year overhaul the general regime governing the press so as to strengthen the role of the regulatory authorities, guarantee neutrality and impartiality of the State broadcasters and foster the financial independence of the media.
3. The Government of National Reconciliation will immediately restore free broadcasting of the international radio and television media. |
Prisoner Release
2003
The Linas-Marcoussis Agreement required the transitional powersharing government to release all military prisoners who qualified for amnesty under the terms of the Agreement.
In August, the government released all remaining prisoners still held on suspicion of conspiring in coup attempts in 2001 and 2000.[1]
[1] “Country reports on human rights practices,” U.S. State Department, February 25, 2004.
2004
No changes observed this year.
2005
No changes observed this year.
| i) The Government of National Reconciliation will take the necessary steps to ensure release and amnesty for all military personnel being held on charges of threatening State security and will extend this measure to soldiers living in exile. |
2003
The Linas-Marcoussis Agreement outlined a two-step disarmament, demobilization, and reintegration (DDR) program to be undertaken by the transitional powersharing government. First, the new government would canton all ground forces in conjunction with ECOWAS and French forces. Second, these forces would be disarmed under the supervision of France and ECOWAS. The first phase was to begin immediately after the conference’s conclusion in Linas-Marcoussis.
A March UN Security Council report on the status of the implementation of the agreement noted that the DDR process had not begun, citing both delays in the formation of the transitional powersharing government as well as logistical issues affecting the deployment of ECOWAS forces that were to oversee cantonment.[1] In August, the first report of the UN Mission in Cote d’Ivoire (MINUCI) noted that the transitional government had formed and begun drafting a DDR program. Cantonment was to begin on July 31 with reintegration to be completed by mid-October. The Forces nouvelles delayed joining the DDR process until the amnesty law was passed in August.[2] The Forces nouvelles withdrew from the DDR process and the transitional government in September, which stalled disarmament.[3]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
[2] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[3] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
2004
The National Armed Forces and Forces nouvelles met in January and February to discuss the implementation of the disarmament, demobilization, and reintegration program required under the Linas-Marcoussis Agreement. The parties agreed to initiate the DDR program on March 8. However, a coalition of opposition parties withdrew from the transitional powersharing government in March, causing further delay in the DDR process.[1] On July 30, the parties signed the Accra III Agreement, committing to begin the DDR process by October 15. However, reintegration did not begin in 2004.[2]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[2] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
In April, the parties signed the Pretoria Agreement, agreeing to immediately begin the disarmament, demobilization, and reintegration program. However, in May, the Fources nouvelles made their participation in the DDR program contingent on additional political reforms and further security guarantees.[1] Reintegration did not begin in 2005.
[1] “Fifth progress report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2005/398), June 17, 2005.
| VII – Regrouping, disarming and demobilizing
4. The Government of National Reconciliation shall ensure the social reintegration of military personnel of every origin with the help of Disarmament – Demobilization – Repatriation – Resettlement – Reintegration (DDRRR) type programmes which can be implemented with the support of international development partners. |
Powersharing Transitional Government
2003
The Linas-Marcoussis Agreement required the establishment of a Government of National Reconciliation to implement the peace process.
The installation of the full transitional powersharing government was delayed through March as rebel-appointed ministers boycotted government meetings due to concerns over their security.[1] The signatories met in Accra on March 7th and signed a follow-up agreement addressing issues with the implementation of the powersharing government. Rebel ministers joined the government in mid-April.[2] However, rebel ministers again boycotted the Government of National Reconciliation in September due to heightened tensions between the two sides.[3] They rejoined the government in late December.[4]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
[2] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[3] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
[4] “Ivory Coast’s former rebels return to government, but concerns linger,” Agence France Presse, December 23, 2003.
2004
In March, opposition leaders began a boycott of the Government of National Reconciliation to protest the government’s response to demonstrations in Abidjan. In May, President Gbagbo dismissed three opposition ministers from the government and replaced them with loyalists. This led to the withdrawal of the remaining Forces nouvelles ministers.[1] On July 30, Gbagbo and the opposition parties signed the Accra III Agreement, committing to restart the Government of National Reconciliation. On August 9, Gbagbo restored the three dismissed opposition ministers, and the remaining opposition and Forces nouvelles rejoined the government.[2] However, on October 28, the Forces nouvelles again left the government, alleging that the army was secretly moving weapons into Bouake.[3]
[1] “First report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/443), June 2, 2004.
[2] “Second report of the Secretary-General on the United Nations Operation in Cote d’Ivoire,” United Nations (S/2004/697), August 27, 2004.
[3] “Third progress report of the Secretary-General on the United Nations operation in Cote d’Ivoire,” United Nations (S/2004/962), December 9, 2004.
2005
In April, the parties signed the Pretoria Agreement. Under the Agreement, the Forces nouvelles agreed to return to the Government of National Reconciliation in return for additional security measures for their representatives. However, tensions arose after President Gbagbo canceled elections scheduled to be held for October 30. The United Nations Security Council passed a resolution supporting postponing the elections and keeping Gbagbo and Prime Minister Diarra in office for an additional year. However, opposition groups declared that they would not recognize Gbagbo’s government.[1]
[1] “Ivory Coast president vows to keep power; Security Forces and opposition clash,” Associated Press, October 30, 2005.
| a) A Government of National Reconciliation will be set up immediately after the conclusion of the Paris Conference to ensure a return to peace and stability. It will be charged with strengthening the independence of the justice system, restoring the administration and public services and rebuilding the country. It will implement the appended Round Table program which includes, in particular, provisions in the constitutional, legislative and regulatory spheres. |
Truth or Reconciliation Mechanism
2003
The Linas-Marcoussis Agreement required the transitional powersharing government to establish a Truth and Reconciliation Commission to examine instances of human rights abuses and violations of human rights law. The new government also committed to providing humanitarian aid to victims identified by the commission.
The National Human Rights Commission was a part of the government program submitted to the National Assembly by August.[1] However, by the end of the year, the Commission had not been established.[2]
[1] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[2] “Cote d’Ivoire: Militias commit abuses with impunity,” Human Rights Watch, November 27, 2003.
2004
The National Human Rights Commission was a part of the government program submitted to the National Assembly by August.[1] However, by the end of the year, the Commission had not been established.[2]
[1] “First report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/801), August 8, 2003.
[2] “Cote d’Ivoire: Militias commit abuses with impunity,” Human Rights Watch, November 27, 2003.
2005
No developments observed this year
| VI- Rights and freedoms of the individual
2. The Government of National Reconciliation will call for the establishment of an international board of enquiry to investigate and establish the facts throughout the national territory in order to identify cases of serious violations of human rights and international humanitarian law since 19 September 2002.
3. Based on the report by the international board of enquiry, the Government of National Reconciliation will determine which cases should be brought to justice in order to put an end to impunity. The Round Table particularly condemns the actions of the “death squads” and those giving them orders as well as those carrying out summary executions throughout the country, and considers that those guilty of and those aiding and abetting these acts must be brought to justice before an international criminal jurisdiction.
4. The Government of National Reconciliation will endeavour to facilitate humanitarian operations to aid the victims of the conflict throughout the country. Based on the report of the National Human Rights Commission, it will take steps to compensate and rehabilitate victims. |
2003
During the Linas-Marcoussis negotiations, the signatories agreed to create a monitoring committee to oversee the implementation of the agreement. The monitoring group would report issues with the implementation to international and regional bodies.
By March, the Follow-Up Committee had been established, agreed to report violations of the Agreement to the security council, and appointed military advisors from the French and ECOWAS missions in Ivory Coast.[1]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
2004
No developments observed this year.
2005
No developments observed this year.
| 4. The Round Table decides to set up a committee to monitor implementation of the Paris Agreements on Cote d’lvoire in charge of ensuring compliance with commitments made. This committee will report to national, regional and international authorities all cases of obstruction of the Agreements and failure to apply them, to ensure that appropriate remedies are implemented.
The Round Table recommends to the Conference of Heads of State that the monitoring committee be set up in Abidjan and made up of representatives of the countries and organizations called on to guarantee implementation of the Paris Agreements, and in particular: • the representative of the European Union, • the representative of the Commission of the African Union, • the representative of the Executive Secretariat of ECOWAS, • the Special Representative of the Secretary-General who will co-ordinate UN bodies, • the representative of the International Francophone Organization, • the representatives of the IMF and the World Bank, • a representative of the G8 countries, • the representative of France. |
Regional Peacekeeping Force
2003
The Linas-Marcoussis agreement called for additional support from ECOWAS peacekeepers to maintain the ceasefire and oversee the disarmament, demobilization, and reintegration (DDR) program.
By the end of January, ECOWAS had begun deploying 1,300 peacekeepers to maintain the ceasefire. In March, ECOWAS’ Defense and Security Commission recommended increasing the number of troops to over 3,400. [1] However, by November, only 1,383 ECOWAS peacekeepers had been deployed, and the mission faced financial and logistical problems.[2]
[1] “Report of the Secretary-General on Cote d’Ivoire.” United Nations (S/2003/374), March 26, 2003.
[2] “Second report of the Secretary-General on the United Nations Mission in Cote d’Ivoire,” United Nations (S/2003/1069), November 4, 2003.
2004
No developments observed this year.
2005
No developments observed this year.
| h) The Government of National Reconciliation will seek the help of ECOWAS, France and the United Nations to arrange for their forces to guarantee these operations. |
Please always cite: “Expanding the Peace Accords Matrix Implementation Dataset: Partial peace agreements in the Comprehensive Peace Agreement negotiation and implementation process, 1989–2021.” Madhav Joshi, Matthew Hauenstein, and Jason Quinn. Journal of Peace Research (2025).