Presentation of the main progress in the regulatory, legislative and institutional frameworks concerning the implementation of the Action Plan of Resolution 1325 in the Republic of Ivory Coast

(Original: french)

Written by: Louis Severin Adji

Translated by: Chloé Lusven

In the Republic of Ivory Coast, women are working daily to maintain social balance, through anchoring it in the family setting. Therefore, they are recognized for having some power concerning confidentiality, mediation and council. Paradoxically, when conflicts arise, women are often the ones who pay the price the most (in terms of human rights violations, access to basic services, economic vulnerability, etc.). Such a context highlights numerous issues that deserve a second look: how does one shed a light on women’s role in the peace process and political transitions? Is there an Ivorian legislative framework that ensures women’s protection in times of conflict? 

Given how relevant these questions are, states have created a framework that would encourage women’s contribution to peace research initiatives and that would ensure that they are protected if conflicts arise in a specific way.

Thus, Resolution 1325 was instated, as the first UN resolution on the trifecta “women, peace and security” that pays attention to the levels of prevention, protection and participation of women during and after situations of conflict^[1]La résolution 1325, un texte toujours d’actualité, https://www.nato.int/docu/review/fr/articles/2018/11/09/la-resolution-1325-un-texte-toujours-dactualite/index.html. Moreover, the “women, peace and security” agenda that deals with the place of women in armed conflicts was the basis for many articles by the Gender in Geopolitics Institute^[2]Institut du genre en géopolitique, L’agenda « Femmes, paix et sécurité » de l’ONU : bilan 20 ans après, à la lumière des méthodologies féministes, … Continue reading.

One has to mention that the Ivory Coast was the first African country to join the Action Plan for the implementation of resolution 1325 of the United Nations Security Council^[3]https://www.gouv.ci/doc/1605022291ANNIVERSAIRE-DE-LA-RESOLUTION-1325-SUR-LES-FEMMES-LA-PAIX-ET-LA-SECURITE-DU-CONSEIL-DE-SECURITE-DE-L-ONU.pdf. To this end, the Ivorian state, through the Ministry in charge of Women, Family and Children (MFFE), has adopted a plan of action covering the timeframe 2008-2012.

The national action plan for the implementation of Resolution 1325 is articulated around the following axes: the protection of women and girls from sexual violence including female genital mutilation (i), the inclusion of gender topics in development policies and programs (ii), the participation of women and men to the process of national reconstruction and reinsertion (iii) and the reinforcement of women and men’s participation to the process of political decision-making (iv). 

Before we list what was achieved with the implementation of the plan, we have to establish the context.

A resolution to serve a fragile sub-regional security context

For the last three decades, the West-African sub-region has known a resurgence of armed conflicts with the looming threat of terrorism expanding (including human and drug trafficking as well as piracy in the Guinean gulf). Like many of its neighboring countries, the Ivory Coast has fell into a decade of civil war that has made numerous casualties – 3,000 deaths according to the UN for the post-electoral crisis in 2011^[4]Côte d’Ivoire : « La lutte contre l’impunité à la croisée des chemins », https://www.fidh.org/IMG/pdf/cotedivoirefr2013.pdf page 4, more according to outside observers, that give a number between 10,000 and 20,000 deaths^[5]Le peuple Wé victime d’une politique délibéré d’épuration ethnique, https://www.wobebli.net/histoire/guerre.htm. From a geopolitical point of view, the fight around the last president of the Ivory Coast, Felix Houphouët Boigny’s^[6]Felix Houphouët Boigny was the first president of the Republic of the Ivorian Coast from 1960 to 1993., https://www.jeuneafrique.com/personnalites/felix-houphouet-boigny/, succession and the specter of the identity issue are more factors that have led to weakening the national unity and social cohesion. Such a climate is a fertile ground for the expansion of human rights violations in general, and those of women in particular.   

Protecting women and girls against sexual violence, including female genital mutilation

Despite growing urbanization and culture evolutions, one has to notice the persistence of damaging traditional practices for women and young girls. Indeed, the n°2016-886 fundamental law of November 8^th 2016 making the Constitution of the Republic of the Ivory Coast constitutionalizes the fight against gender-based violence (GBV) and female genital mutilation (FGM) (article 5 of the Constitution)^[7]Ivorian Constitution of 08 November 2016, Chapter 1: rights and freedoms; Article 5: “Slavery, human trafficking, forced labour, physical or moral torture, inhuman, cruel, degrading and … Continue reading. Moreover, the general provisions of several legal reference texts such as law n°2019-574 concerning the penal code have been rewritten to ensure the protection of women to the best of its abilities. In its articles 137, 386 and 403, this legal instrument provides for the punishment of offenses such as FGM^[8]According to the United Nations, female genital mutilation is an intervention aimed at modifying or damaging the genitals of a woman or girl, without medical reason. It is most often a total or … Continue reading, rape, forced work and coerced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable severity. The Ivory Coast proceeded to ratify the Statute of the International Criminal Court (or Rome Statute) on February 15^th 2013 that criminalizes rape as a war crime and as a crime against humanity (articles 138 and 139 of the Criminal Code) in a context of end of post-electoral crisis^[9] Côte d’Ivoire : « La lutte contre l’impunité à la croisée des chemins », https://www.fidh.org/IMG/pdf/cotedivoirefr2013.pdf, page 11. In order to facilitate the procedure for receiving complaints from victims of gender-based violence at security services level (police stations and military police units), the Ministry of Justice, Human Rights and Public Liberties has issued circular n°005 of March 18^th 2014 and inter-ministerial circular n° 016/MJ/MEMIS/MPRD of August 4^th 2016 related to receiving complaints related to GBV^[10]Circulaire interministérielle n° 016/MJ/MEMIS/MPRD du 04 août 2016 relatives à la réception des plaintes consécutives aux VBGs/http://famille.gouv.ci/public/documents/circulaire_plainte_VBG.pdf.

On another side, many rights and guarantees have been acted such as law n°2014-388 of June 20^th 2014 about the promotion and protection of human rights defenders that protects women human rights defenders in a special way, given their vulnerability as women (article 9)^[11]loi n°2014-388 du 20 juin 2014 portant promotion et protection des protecteurs des droits humains … Continue reading.

In view of giving an adequate response to the problem of cross-border crime that particularly affects women and children in terms of human trafficking and sexual exploitation and that tarnishes the country’s image internationally, the Ivorian government has promulgated law n°2016-1111 of December 8^th 2016 related to the fight against human trafficking^[12]loi n°2016-1111 du 8 décembre 2016 relative à la lutte contre la traite des personnes … Continue reading.

Including gender questions in development policies and programs

Since 2012, the planning has been based on Human Rights, Gender, Equity and Sustainable Development, pillars on which policies are based as well as documents on sectorial policies and strategies like the National Development Plan and the National Development Plans (NDP 2012-2015 and 2016-2020). Logically following the 2007 Ivory Coast solemn declaration on the equality of chances, equity and gender made by Ivorian authorities, the document on the equal chances, equity and gender national policy^[13]Résumé du document de politique nationale sur l’égalité des chances l’équité et le genre … Continue reading is a document of reference that is a callback to take into account the gender factor at all levels of the development process in the Ivory Coast.

The national strategy to fight against gender-based violence adopted in 2014 is an advocacy tool as well as a unique opportunity for all actors involved in the fight against this scourge thanks to important coordination tools that were activated in this dynamic. One of the main advances brought by that tool is the creation of 65 multi-sectoral platforms to fight against gender-based violence throughout the country^[14]UNFPA Côte d’Ivoire,https://cotedivoire.unfpa.org/fr/news/le-minist%C3%A8re-de-la-famille-de-la-femme-et-de-lenfant-et-lunfpa-renforcent-les-capacit%C3%A9s-des. Moreover, each of these platforms offers many services including medical, psychosocial, economical, legal and judicial services to help victims of gender-based violence. Each structure includes a medical clinic, psychosocial services, a legal unit and another unit in charge of bringing economical support to survivors.

As many countries around the world today, the Ivorian government is organizing (from November 25^th to December 10^th) a campaign called “16 days of activism against violence against women^[15]La Campagne mondiale de 16 jours d’activisme prend une existence propre, https://www.un.org/fr/chronique-onu/la-campagne-mondiale-de-16-jours-d%E2%80%99activisme-prend-une-existence-propre ” with the goal of raising awareness among populations about gender-based violence against women, which are blatant human rights violations^[16]16 JOURS D’ACTIVISME CONTRE LES VIOLENCES FAITES AUX FEMMES Du 25 novembre au 10 décembre 2008 Droits Humains pour les Femmes – Droits Humains pour Tous : 60e Anniversaire de la Déclaration … Continue reading.

Conceived as a way to ensure the Ivorians’ development, prosperity and happiness, the Ivorian President Alassane Dramane Ouattara’s “Living Together^[17]Une Côte d’Ivoire solidaire, https://ado2020.ci/le-projet/?fbclid=IwAR3KMklYJ3_8YKir7NzlLN4BqwuVBl9-JPcgyONpCVosSksKO9t5ccsaphs” program gives a place of choice to women. In its implementation, this program contributes to increasing women’s role in the country’s sociopolitical life by putting an emphasis on education, the creation of income-generating activities and the improvement of women’s representation in the political life and in decision-making positions. 

Institutionally, new structures have been created to strengthen existing mechanisms and address the deficit related to the capacity to anticipate gender problems and ensure better visibility. Therefore, the creation of the Directorate of the Equality and Gender Promotion  (DEGP) became another tool that contributes to the pursuit of better quality of living for the population. Thus, the State of the Ivory Coast has adopted decree n°2014-842 on December 17^th 2014 that establishes the creation, organization and functioning of the National Equity and Gender Observatory^[18]MINISTERE DE LA FEMME, DE LA FAMILLE ET DE L’ENFANT, http://www.famille.gouv.ci/public/documentation/liste-document/4. This entity is responsible for monitoring the application and implementation of conventions and laws ratified or voted by the Ivory Coast about gender. In the same way, the Women National Council created by decree n°2007-569 on August 10^th 2007 is designed for strengthening the legal, institutional and legislative framework for the protection, promotion and empowerment of women. 

Established by decree n°2007-569 of August 10^th 2007 the FAFCI (Support Fund for the Women of the Ivory Coast) aims at reducing the economical vulnerability of the Ivorian woman. This fund with a starting amount of a billion CFA Francs (or 1,530,000 euros) and entirely funded by the Presidential Emergency Program (PPU) aims at allowing access to financial resources to implement or reinforce income-generating activities for women.

Encouraging women’s participation to the national reconstruction and reintegration process

After the gradual withdrawal of the UN operation in the Ivory Coast, the Ivorian government had to face many challenges such as the fight against gender-based violence, the process of national reconciliation, transitional justice and the establishment of the rule of law.

In its roadmap, the United Nations Organization has supported the wording and framework of a national program of social cohesion for 172 million dollars. The UN also set up a fund for peace-building (PBF) that significantly supported the Ivory Coast in its quest to stability and social cohesion^[19]Nations unies, COMMISSION DE CONSOLIDATION DE LA PAIX https://www.un.org/peacebuilding/fr/fund. For example, the implementation of the PBF has fostered a changing sense of security for populations between the post-electoral crisis of 2011 (72.4%) and 2015 (37.4%) particularly through the creation of an early alert system handled by women^[20]Fonds pour la Consolidation de la Paix (PBF) en Côte d’Ivoire AIDE-MEMOIRE Visite des Donateurs du PBF 15-20 octobre … Continue reading. Furthermore, women’s engagement in preventing electoral violence and higher participation in elections in 2015 and 2016 (21% more than in 2010), are the main takeaways from the project^[21]Fonds pour la Consolidation de la Paix (PBF) en Côte d’Ivoire AIDE-MEMOIRE Visite des Donateurs du PBF 15-20 octobre … Continue reading.

Another added-value brought by PBF is strengthening women’s integration to an elite police force with appropriate and adapted training conditions^[22]Fonds pour la Consolidation de la Paix (PBF) en Côte d’Ivoire AIDE-MEMOIRE Visite des Donateurs du PBF 15-20 octobre … Continue reading (two promotions of 61 noncommissioned officer policewomen and 4 women officer). One also has to mention the opening of the entrance examination for the Preparatory and Technical Military School (EMPT) and the Ecole de Gendarmerie to young women in 2013 and 2014 respectively.

Reinforcing women’s participation to the public decision-making process

According to the preamble and Article 36 of the 2016 Ivorian Constitution^[23]Article 36 states: “The State shall promote the political rights of women by increasing their opportunities for representation in elected assemblies”^[24] LA CONSTITUTION IVOIRIENNE (Édition 2016), https://www.centif.ci/images/lois/caf6428781fcfabd787165779f7f08a0. pdf page 15 that promote women’s political rights, the Ivorian government has adopted a bill on March 6^th 2019 during its Ministerial Council establishing a 30% minimum quota of women on the total of candidates for elections as deputies, district councilors and city councilors whether people are voting for a single candidate or for a list^[25]https://news.abidjan.net/articles/653640/cote-divoire-un-quota-de-30-de-femmes-impose-aux-listes-lors-des-elections. Thus, they adopted law n°2019-870 on October 14^th 2019 to promote women’s representation in elected assemblies^[26]loi N°2019-870 du 14 octobre 2019 favorisant la représentation de la femme dans les assemblées élues http://www.famille.gouv.ci/public/documents/19838507.pdf,. Article 3 of this law sets a 30% … Continue reading. It also is an injunction towards political parties to nominate candidates of different genders so if there are two candidates of the same gender, the third is the opposite. Moreover, it plans additional public funding to any political party or group with a list of at least 50% women candidates for several elections. With this action, the Ivorian government shows its willingness to promote women as stated in the country’s constitution and to improve the world ranking of the Ivory Coast concerning including women in decision-making instances^[27]la loi N°2019-870 du 14 octobre 2019 favorisant la représentation de la femme dans les assemblées élues http://www.famille.gouv.ci/public/documents/19838507.pdf, page 1. However, in the last ten years, the Ivory Coast has made progress in promoting female leadership and participation in state matters management. Amongst these, General of Brigade Kouamé Akissi is the first woman to get this rank in the Ivorian army’s history, Camara Nanaba Chantal was nominated as president of the Court of Cassation and Henriette Dagri Diabaté was nominated as the Great Chancellor of the Republic. In April 2021, Kandia Camara was the first woman minister of foreign affairs.

The main challenges to implementing Resolution 1325

The weight of social norms is one of the main obstacles to the implementation of Resolution 1325. The Ivorian society is anchored in a patriarchal ideology that puts to the forefront women’s reproductive role (home management) and push them aside concerning decision-making. Strengthening the fight against sexual violence is a work in progress and has to be continued with the implementation of the next action plan for Resolution 1325. Touré Nassénéba, the Ivorian minister for Women, Family and Children has said that the country recorded 5,000 cases of gender-based violence in 2020 including 803 rape cases amongst which 618 were committed against children under 18^[28]Côte d’Ivoire-AIP/La ministre de la Femme installe la plate-forme de lutte contre les VBG de Toumodi, … Continue reading. Another point to improve is women’s participation to UN peacekeeping missions as it is still low (only 9% of female executives in the contingents)^[29]DÉCLARATION DU GOUVERNEMENT ANNIVERSAIRE DE LA RÉSOLUTION 1325 SUR LES FEMMES, LA PAIX ET LA SÉCURITÉ DU CONSEIL DE SÉCURITÉ DE L’ONU, 09 novembre 2020, … Continue reading. The lack of data on the effects of armed conflicts on women and girls in the Ivory Coast is a real issue to be addressed especially in a context where there is a terrorist threat^[30]Attacks in Kafolo and Tougbo on 12 April and 7 June 2021, localities along the border with Burkina Faso. Finally, women initiated peace-building initiatives and their expertise in conflict resolution must be encouraged and promoted more.

Conclusion

Adopting a new implementation plan for Resolution 1325 in the Ivory Coast shows the importance given to the situation of women in times of conflicts by the Ivorian government, especially given the many crises that shook the country. In its implementation, the framework will have contributed to the promotion of girls and women’s rights and the fight against discriminatory practices, roles and stereotypes that have an influence on women’s opportunities to participate in the peace and development processes. The Ivory Coast ha elaborated a new framework for implementing Resolution 1325 for the 2019-2023 period. It is based on new national priorities such as the consequences of the growing terrorist threat in the North and East of the country for women and girls, the situation of displaced women and girls and their resilience in facing climate change and gender-based violence as well as teachings from the previous implementation.   

This new Action Plan (2019-2023) relies on four pillars – prevention, protection, participation and strengthening – and aims at reinforcing women’s participation amongst defense and security forces and in peacekeeping missions (i), promoting and reinforcing women and girls’ participation in preventing intercommunal and electoral conflicts (ii) and reinforcing the protection of women and children against gender-based violence in communities (iii). Finally, in a view of transitioning to a peaceful society, it is essential that political decision-makers, civil society and women engage efficiently.

To quote this article: Louis Severin Adji, “ Présentation des principales avancées des cadres réglementaires, législatifs et institutionnels relatifs à la mise en œuvre du plan d’action de la résolution 1325 en République de Côte d‘Ivoire ”, 17.11.2021, Genre in Geopolitics Institute.

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