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THE ROLE of IVORIAN HUMAN RIGHTS NON-GOVERNMENTAL ORGANISATIONS (Ngos) in the PURSUIT of the RIGHT to DEVELOPMENT in CÔTE D’IVOIRE

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THE ROLE of IVORIAN HUMAN RIGHTS NON-GOVERNMENTAL ORGANISATIONS (Ngos) in the PURSUIT of the RIGHT to DEVELOPMENT in CÔTE D’IVOIRE THE ROLE OF IVORIAN HUMAN RIGHTS NON-GOVERNMENTAL ORGANISATIONS (NGOs) IN THE PURSUIT OF THE RIGHT TO DEVELOPMENT IN CÔTE D’IVOIRE by PATRICE ERNEST VAHARD submitted in accordance with the requirements for the degree of DOCTOR OF LAWS at the UNIVERSITY OF SOUTH AFRICA PROMOTER: PROF M BEUKES FEBRUARY 2014 DECLARATION Student number 3568-227-2 I declare that ‘The role of Ivorian human rights non-governmental organisations (NGOs) in the pursuit of the right to development in Côte d’Ivoire’ is my own work and that all sources that I have used or quoted have been indicated and acknowledged by means of complete references. SIGNATURE DATE (Mr PE Vahard) i ABSTRACT This work is built on three pillars and seeks to contribute to the understanding of the right to development (RtD) especially from the perspective of human rights non-governmental organisations. First, the right to development, arguably one of the most recent and controversial rights in the architecture of international human rights, shapes the development paradigm in a manner that integrates civil, cultural, economic, social, political and environmental rights of both individuals and groups without distinction. Secondly, in general, social movements – including non- governmental organisations (NGOs) – play a crucial role as agents for change in any democratic society. Africa, and within it Côte d’Ivoire, is no exception. Thirdly Côte d’Ivoire, an African country once heralded as a success story has been confronted with an internal conflict with impacts which continue to be felt in the form of increased poverty and insecurity. The country strives to resume peace, development and stability but does not appear to have reached the end of the tunnel. The issues confronting this country are similar to those identified by Former South African President, Thabo Mbeki, and others to justify the promotion of the African Renaissance as the vision to pursue. From the perspective of human rights law, these issues are largely covered by the RtD. Therefore, can NGOs in Côte d’Ivoire contribute meaningfully to addressing the challenges facing the country through the pursuit of the RtD? This is the question at the heart of the present work. This thesis establishes two main conclusions. First, in the current context of the Côte d’Ivoire, a shift in focus towards the RtD will enable NGOs be part of the solution to the multifaceted problems Côte d’Ivoire is seeking to overcome. Secondly, no NGO currently has the requisite experience in working on the RtD in Côte d’Ivoire. However, the structural reasons for this vacuum relate in the main to knowledge and capacity. These can be addressed and recommendations are formulated to this end. ii KEY TERMS African Renaissance; Côte d’Ivoire, non-governmental organisations/civil society organisations; development; human rights; right to development; peace and stability; poverty. iii DEDICATION To God be the Glory This work is dedicated to you, Mahn’ Wlibly, my mother, who passed away only a few months after I began my preliminary research. I wish I could have handed my doctoral degree to you. I accept that not all wishes come true; they only do so by the will of God. Your teaching and practice of commitment, perseverance, humility, honesty, and faith continue to influence my approach to life and are values I will pass on to your grandchildren: Nansiko, Mona, Tiney, Thioney, and Oulia. And to you my late father, mentor and friend Christophe Vahard (Thioney). I trust that you are proud to see me keep the flame up. iv ACKNOWLEDGEMENTS It took the understanding, determination, and patience of a special person for me to able to complete this work: Professor Margaret Beukes, I will ever remain grateful to you for your words of encouragement when I was about to give up, and for making me realise that I could always do better. Beyond this work, I keep, for life, the lessons that I acquired walking this journey under your light. I wish to pay tribute to Professor Neville Botha who edited my work and to Mrs Thea (JD) de Villiers for formatting to the required standard. Without this team, this work would not have come the way it currently is. I am also grateful to all those who contributed ideas, comments, and editing to this thesis. A West African proverb suggests that counting belittles. I shall therefore not list them all but single out a few as evidence of my gratitude to all. My sincere thanks go to brothers and sisters, companions in the fight for human rights on the African continent including Abdoul Kouroma, Armand Tanoh, Alimamy Sesay, Alioune Tine, Alpha Fall (deceased), Amadu Shour, Alice Aghenebit Mungwa, Dr Bamba Mamadou, Blanche Pango, David Omozuafoh, Edmond Djama, Horace Adjolohoun, Innocent Balemba, Isaac Degan Lappia, Isma Daddis Sagna, Jeanne Bougonou, Landry Bagui, Mikael Onyeka, Dr Moussa Kambiré, Musa Yoro Gassama, Pamela Okile, Saka Azimazi, Dr Robert Eno and Tuinese Edward Amuzu. My appreciation also go to Professor Shadrack Gutto, Professor Abraham Mulaudzi, and the staff of the Institute for African Renaissance Studies (IARS) for introducing me to the African Renaissance paradigm and for believing in my ability to be part of this process. Finally, I remain indebted to my family and to my friend and wife, Emilienne, for her tolerance, understanding, and encouragement. Without her support, especially in taking up my parental responsibilities, I would not have been able to complete this thesis in time. v TABLE OF ABBREVIATIONS ACHPR African Charter on Human and Peoples’ Rights ACRWC African Charter of the Rights and Welfare of the Child AGA African Governance Architecture AGP African Governance Platform AI Amnesty International AIFJ Association Ivoirienne des Femmes Juristes AIPDH Association Ivoirienne pour la Promotion des Droits de l’Homme APRM African Peer Review Mechanism AU African Union CAT Convention against Torture and Other Forms of Inhumane and Degrading Treatment or Punishment CCPR International Covenant on Civil and Political Rights CEDAW Convention on the Elimination of All Forms of Discrimination against Women CERD International Convention on the Elimination of All Forms of Racial Discrimination CESCR International Covenant on Economic, Social and Cultural Rights CMW International Convention on the Protection of the Rights of All Migrant Workers CPFAC African Union Convention on the Prevention and Fight against Corruption CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disability DPA United Nations Department of Political Affairs DPKO United Nations Department of Peacekeeping Operations ECOWAS Economic Community of West African States EDICERAP Les Editions du Centre de Recherche pour la Paix FAO Food and Agriculture Organisation FESCI Fédération Estudiantine et Scolaire de Côte d’Ivoire FPI Front Populaire Ivoirien GEMDEV Groupement d’Intérêt Scientifique Pour l’Etude de la Mondialisation et du Développement HIPC Highly Indebted Poor Countries HRBA Human Rights-Based Approach HSIC NEPAD Heads of States and Government Implementation Committee vi IJARS International Journal of African Renaissance Studies: Multi-, Inter- and Transdisciplinarity IARS Institute for African Renaissance Studies IANSA International Network on Small Arms ICCPR International Covenant on Civil and Political Rights ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights 2ndOPCCPR Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families IKS Indigenous Knowledge System ILO International Labour Organisation IMF International Monetary Fund LIDHO Ligue Ivoirienne des Droits de l’Homme MDG Millennium Development Goals MIDH Mouvement Ivoirien des Droits de l’Homme MIT Multi-, Inter-, and Transdisciplinary NAM Non-Aligned Movement NEPAD New Partnership for Africa’s Development NGO Non-Governmental Organisation NIEO New International Economic Order OAU Organisation of African Unity ODA Overseas Development Assistance OECD Organisation for Economic Co-operation and Development OEWG Open-Ended Working Group OHCHR Office of the United Nations High Commissioner for Human Rights OPCAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment OPCEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women OPCESCR Optional Protocol to the International Covenant on Economic, Social and Cultural Rights vii OPACCRC Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict OPCCPR1 Optional Protocol to the International Covenant on Civil and Political Rights OPSCCRC Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography P-ACJHR Protocol on the Statute of the African Court of Justice and Human Rights P-CAAU Protocol Relating to the Amendment of the Constitutive Act of the African Union PDCI-RDA Parti Démocratique de Côte d’Ivoire – Rassemblement Démocratique Africain PIT Parti Ivoirien des Travailleurs P-PSC Protocol to the Treaty Establishing the African Economic Community Relating to the Peace and Security Council P-RWA Protocol to the African Charter on Human and Peoples’ Rights Relating to the Rights of Women in Africa RADHO Rencontre Africaine pour la Promotion des Droits de l’Homme RDR Rassemblement des Républicains RtD Right to Development UDHR Universal Declaration of Human Rights UGTCI Union Générale des Travailleurs de Côte d’Ivoire UNAIDS United Nations Joint Program on HIV/AIDS UNDP United Nations Development Program UNFPA United Nations Population Funds UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNISA University of South Africa USA United States of America WB World Bank WFP World Food Program viii TABLE OF CONTENTS DECLARATION. i ABSTRACT.
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