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Côte d’Ivoire

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no confirmed reports that the government or its agents committed arbitrary or unlawful killings. Military police and the military tribunal are responsible for investigating and prosecuting alleged abuses, including killings, perpetrated by members of the security services.

b. Disappearance

There were at least two reports of disappearances carried out by or on behalf of government authorities at the end of 2019 and during the year. The alleged victims both emerged alive after their disappearances. Amnesty International and media reported that, on December 30, 2019, Rigobert Soro, a police officer and the brother of prominent opposition figure Guillaume Soro, was summoned to the National School of Police and arrested. Soro was reportedly held by the Directorate of Territorial Surveillance (DST) but, according to a January 10 Amnesty International report, authorities refused to acknowledge his detention. A February 26 letter from the Human Rights Council of the UN Office of the High Commissioner for Human Rights to the government noted that Rigobert Soro had been detained incommunicado by the DST from December 31 to January 10 before being transferred to the country’s main prison.

In January, according to media reports, security authorities allegedly detained Tano Koffi Bouaffo Fabrice, an opposition supporter, without explanation at his place of work and transported the alleged victim to an unknown location. Authorities released him more than a month after his detention and disappearance.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. The government did not provide information regarding reports of abuse within prisons, or mechanisms to prevent or punish such abuses. Human rights organizations reported that prisoners were subject to violence and abuse, including beatings and extortion, by prison officials and that the perpetrators of these acts went unpunished. Human rights organizations reported mistreatment of detainees between arrest and being booked into prison.

Prison authorities acknowledged abuse might happen and go unreported, since prisoners fear reprisals.

Impunity was not a significant problem in the security forces, although members of the security forces reportedly did commit isolated abuses without punishment. Failure to enforce disciplinary action contributed to impunity. The government used military police and the military tribunal to investigate abuses.

Prison conditions were harsh and unhealthy due to insufficient food, gross overcrowding, understaffing, inadequate sanitary conditions, and lack of proper medical care.

Physical Conditions: The government acknowledged prison overpopulation was a problem and that existing facilities, originally built to hold no more than 8,000 prisoners, were insufficient to hold the total prison population of 21,430 as of late August. In at least one prison, the inmates reportedly slept packed head-to-toe on the floor.

Prisons generally held men and women in separate prison wings. The government reported that juveniles were held separately from adults; however, a human rights organization reported that this policy was not always observed. The same organization reported the government was making efforts to open more juvenile-only detention centers. Additionally, prisons often held pretrial detainees together with convicted prisoners. The children of female inmates sometimes lived with their mothers in prison. Some human rights organizations reported that prominent prisoners or those who had been politically active sometimes enjoyed slightly better living conditions than other prisoners.

In addition to a daily budget allocation per inmate for food, the government reported it provided an additional allotment for personal hygiene supplies. Human rights organizations reported that wealthier prisoners could buy food and other amenities, as well as hire staff to wash and iron their clothes, while poorer inmates did not receive sufficient food on a regular basis. Families routinely supplemented the rations of relatives in prison if they had the means. Under certain circumstances the government allowed nongovernmental organizations (NGOs) to provide prisoners with food and nonfood items, including items to prevent the spread of COVID-19, such as masks, isolation tents, and hygiene kits. The government permitted one NGO to construct a 48-patient capacity COVID-19 isolation and treatment center at the country’s main prison and outfit the center with ventilators, tents, toilets, showers, and personal protective equipment.

According to the government, each prison facility had a staffed medical clinic available 24 hours a day. Inmates were required to inform prison guards if they needed medical attention, and guards escorted prisoners to the prison clinic. Inmates with severe medical conditions were transferred to outside hospitals. Each prison clinic had a supply of pharmaceuticals, although human rights organizations reported that clinics often lacked necessary medicines, particularly for chronic diseases such as diabetes and hypertension. In these cases inmates’ families had to acquire the medication from an outside pharmacy. A human rights organization reported, however, that only the country’s main prison had a doctor, while medical care in smaller prisons was provided by nurses, some without the necessary qualifications. The organization further reported prisoners did not have access to these medical professionals at all times. Some human rights organizations reported that no medical staff worked in some prisons at night at all.

Prison health workers went on strike for three days in July to demand COVID-19 hazard pay and better health policies in the country’s prisons. As of July the prison health workers’ union reported that, in the country’s main prison, 91 detainees, 11 prison guards, and two health workers had contracted the virus. A prisoner infected with COVID-19 told media he and others infected were made to sleep in tents between the prison’s medical clinic and morgue. The prisoner stated that prison medical staff did not treat several infected prisoners.

Human rights organizations observed that prisoners sometimes slept without mattresses. Poor ventilation and high temperatures, exacerbated by overcrowding, remained problems in some prisons. While potable water generally was available in prisons and detention centers, water shortages were common.

Within detention facilities unsanitary conditions persisted, including detainees living in close proximity to toilets.

Information on conditions at detention centers operated by the DST was not readily available for the year.

Administration: Inmates may submit complaints of abuse to prison directors; however, the government did not provide information on such cases during the year. Domestic media reported alleged physical abuse and extortion of prisoners by prison officials (see section 2.a., Violence and Harassment). In May tensions between competing factions of prison guards and prisoners at the country’s main prison concerning the informal power wielded by a prison official accused of running a racketeering ring and physically abusing prisoners boiled over into violence. The minister of justice and human rights visited the prison and opened an investigation into the incident. While some media reported that security forces removed the prison official from the premises following the incident, no other information was available about any subsequent legal actions. Prison administrators continued to detain or release prisoners outside normal legal procedures. Authorities generally permitted visitors in prisons on visiting days. Human rights organizations observed that, in detention centers operated by the DST, requests for access to prisoners by their lawyers and families were typically not formally refused but instead made practicably impossible by bureaucratic requirements.

Independent Monitoring: The government generally permitted some local and international NGOs adequate access to prisons, but access to detention centers run by the DST was more restricted. Human rights organizations reported sometimes having access to prisons when they formally requested such access in advance.

Improvements: In April the government released 2,004 prisoners in an effort to reduce the spread of COVID-19. A human rights organization reported, however, that continued overcrowding prevented adequate physical distancing within prison facilities.

The constitution and law prohibit arbitrary arrest and detention, but both reportedly occurred. Human rights organizations reported that authorities arbitrarily detained persons, often without charge. Many of these detainees remained in custody briefly at either police or gendarmerie stations before being released or transferred to prisons, but others were detained at these initial holding locations for lengthy periods. The limit of 48 hours’ detention without charge by police was sometimes not enforced. Although detainees have the right to challenge in court the lawfulness of their detention, most detainees were unaware of this right. Public defenders were often overwhelmed by their workloads.

The government revised the law in 2019 to allow the state to detain a suspect for up to 48 hours without charge, subject to renewal only once for an additional 48 hours. The law specifies a maximum of 18 months of pretrial detention for misdemeanor charges and 24 months for felony charges, subject to judicial review every eight months.

Police occasionally arrested individuals and held them without charge beyond the legal limit. While the law provides for informing detainees promptly of the charges against them, human rights organizations reported that this did not always occur, especially in cases concerning state security or involving the DST. A bail system exists but was reportedly used solely at the discretion of the trial judge. Authorities generally allowed detainees access to lawyers, but in national security cases, authorities sometimes did not allow access to lawyers and family members. The government sometimes provided lawyers to those who could not afford them, but other suspects often had no lawyer unless privately retaining one. Public defenders occasionally refused to accept indigent client cases they were asked to take because they reportedly had difficulty being reimbursed by the government as prescribed by law. Human rights organizations reported multiple instances in which detainees were transferred to detention facilities outside their presiding judge’s jurisdiction, in violation of the law.

Arbitrary Arrest: The law does not permit arbitrary arrest, but authorities reportedly used the practice. One human rights organization documented several cases of detainees held for up to 12 days without charge and without access to hygiene supplies. Multiple media sources reported that in September, Justin Koua, the local spokesperson of an opposition political party, was arrested on his way to work. Koua was charged with disturbing the peace, inciting insurrection, and as an accessory to property destruction as a result of his calls for protests against President Ouattara’s candidacy for a third term. Koua’s lawyers told media his arrest violated the law because he was not first served with a summons to appear before authorities. During the week following his arrest, media reported Koua was transferred to four different detention facilities. Koua’s lawyers later told media they were not officially informed of any of these transfers and learned of the transfers from unofficial sources.

Pretrial Detention: According to officials, 6,586 inmates were in pretrial detention as of late August, slightly more than 30 percent of the total inmate population. Prolonged pretrial detention was a major problem. In some cases the length of detention equaled or exceeded the sentence for the alleged crime. Inadequate staffing in the judicial ministry, judicial inefficiency, and authorities’ lack of training or knowledge of legal updates contributed to lengthy pretrial detention. There were reports of pretrial detainees receiving convictions in absentia, with judicial authorities sometimes claiming the presence of the accused at their trial was not necessary, and at other times, not providing sufficient notice and time to arrange transportation to the trial.

The constitution and law provide for an independent judiciary, and although the judiciary generally was independent in ordinary criminal cases, the government often did not respect judicial independence. In January various professional associations and civil society organizations complained of continual interference by the executive branch in the judiciary and the government’s refusal to implement several court decisions.

The constitution and law provide for the right to a fair and public trial, but the judiciary sometimes did not enforce this right. Although the law provides for the presumption of innocence and the right to be informed promptly and in detail of the charges (with free interpretation as necessary from the moment charged through all appeals), the government did not always respect this requirement. In the past, assize courts (special courts convened as needed to try criminal cases involving felonies) rarely convened. During the year standing criminal tribunal courts established to replace the assize courts to address the backlog of cases began hearing cases.

Although the judicial system provides for court-appointed attorneys for those who cannot afford them, only limited free legal assistance was available; the government had a small legal defense fund to pay members of the bar who agreed to represent the indigent. Defendants have the right to adequate time and facilities to prepare a defense, although the government sometimes pursued rapid trials that did not respect such rights (see section 2.a, Libel/Slander Laws). Defendants may present their own witnesses and evidence and confront prosecution or plaintiff witnesses. Lack of a witness protection mechanism was a problem. Defendants cannot be legally compelled to testify or confess guilt, although there were reports they sometimes were. Defendants have the right to be present at their trials, but courts may try defendants in their absence.

Those convicted had access to appeals courts, but higher courts rarely overturned verdicts. In March parliament approved constitutional changes that abolished the Supreme Court and elevated three existing courts to serve as courts of last resort: the Cour de Cassation (Court of Appeals), Conseil d’Etat (Council of State), and Cour des Comptes (Court of Auditors). These courts have jurisdiction over different types of legal matters. The Cour de Cassation is the highest court of appeals for criminal and civil matters of law. The Conseil d’Etat is the highest court of appeals with respect to administrative disputes. The Cour des Comptes is the supreme auditing institution, tasked with overseeing matters related to public finances and accounts. In addition to these three courts, the Conseil Constitutionnel (Constitutional Council) determines the eligibility of legislative and presidential candidates, adjudicates electoral disputes, certifies election results, and renders judgment on the constitutionality of laws and treaties.

Military tribunals reportedly did not provide defendants the same rights as civilian criminal courts. Human rights organizations did not report any trials of civilians by military tribunals.

The relative scarcity of trained magistrates and lawyers resulted in limited access to effective judicial proceedings, particularly outside of major cities. The government reported 450 magistrates for an estimated population of 27.5 million. In rural areas traditional institutions often administered justice at the village level, handling domestic disputes and minor land questions in accordance with customary law. Dispute resolution was by extended debate. There were no reported instances of physical punishment following such customary procedures. The law specifically provides for a “grand mediator,” appointed by the president, to bridge traditional and modern methods of dispute resolution.

Human rights organizations and political parties asserted that the government used the judicial system to marginalize various opposition figures. In October 2019 authorities convicted Jacques Mangoua, an opposition-aligned elected official, of illegal possession of munitions after a one-day trial and sentenced him to five years in prison, several months of which he served before being released on bail in March pending his appeal. In April, Guillaume Soro, a prominent opposition figure and then aspiring presidential candidate living abroad in self-exile, was convicted in absentia of embezzlement and money laundering. Soro was also charged in absentia, in December 2019. Soro’s trial followed, by a week, an African Court of Human and Peoples’ Rights (ACHPR) in Tanzania ordered a stay of Soro’s arrest warrant on the grounds that it “could seriously compromise [his] freedom and political rights.” One week after the ACHPR’s decision, Ivoirian authorities then delivered a summons to Soro’s vacant residence, convened a one-day trial without legal representation for Soro, and convicted and sentenced Soro to a 20-year prison sentence and a substantial fine. (Note: In November, Soro called for security forces and the population to overthrow the Ivoirian government. End Note.).

The government denied there were political prisoners, however multiple members of opposition parties were arrested at the end of 2019 and during the year on various criminal charges.

In December 2019 authorities arrested several supporters of Guillaume Soro, including five members of parliament, on charges of publishing false news and undermining public order and the authority of the state. In April the ACHPR in Tanzania ruled that the arrest warrant against those detained be stayed and that those detained be released, on the grounds that their incarceration “exposed them to a serious risk of being deprived of the enjoyment of their rights…and…may lead to irreparable harm.” In September, the government released some of those detained on several conditions, including that all abstain from contacting each other and engaging in cyber activism. Several others remained in detention.

Officials reportedly granted prisoners who were members of opposition parties the same protections as other prisoners, including access by international human rights organizations.

There were credible reports the country attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. After Guillaume Soro on November 4 called for the armed forces to overthrow the government, the government charged some opposition leaders with sedition and terrorism and issued an international arrest warrant for Soro and three associates living in France (see section 1.e, Denial of Fair Public Trial and section 3, Recent Elections).

The constitution and law provide for an independent judiciary, but the judiciary was subject to corruption and outside influence. Citizens may bring lawsuits seeking damages for, or cessation of, a human rights abuse, but they did so infrequently. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies such as the ACHPR. In April, however, the government withdrew its recognition of the ACHPR’s jurisdiction in matters brought by Ivoirian nonstate actors, effective April 2021.

In January the government evicted the residents of more than 600 households living illegally on state-owned land abutting Abidjan’s Felix Houphouet-Boigny International Airport and demolished houses located within 50 yards of the airport’s perimeter. Some evicted persons whose houses were not demolished returned to their homes. Prior to eviction the government declared the land was intended for future airport expansion, and in late 2019 distributed leaflets instructing residents to vacate and marked with paint the houses slated for demolition. A community group stated that residents were warned by authorities several times they were subject to eviction from the land. The local mayor provided each evicted household with 30,000 CFA francs ($52). The government did not provide compensation, stating that no compensation was due because these persons had occupied the land illegally, but promised to provide alternative land for those whose houses had been demolished to construct new homes. As of September the government had not identified a site for resettlement.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. The law requires warrants for security personnel to conduct searches, the prosecutor’s agreement to retain any evidence seized in a search, and the presence of witnesses in a search, which may take place at any time. Human rights organizations alleged that in December 2019 several incarcerated opposition figures’ homes were searched without proper documentation.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press, but the government restricted both rights.

Freedom of Speech: The law prohibits incitement to violence, ethnic hatred, and rebellion, as well as insulting the head of state or other senior members of the government. Sometimes the government took steps to remove such content from social media, including in January when an anonymous Facebook user called for deadly violence against Roman Catholics. Other times the practical application of this law raised questions of political influence. In August, Edith Gbalet Pulcherie, a civil society organization leader, used social media to call for demonstrations against President Ouattara’s intention to seek a third term of office. Several opposition parties and individuals also called for demonstrations for the same purpose. Several demonstrations occurred around the country shortly thereafter, some of which degenerated into riots. Pulcherie and three other members of that organization were arrested and charged with inciting those riots, as well as with disturbing public order, calling for insurrection, violence and assault, and destruction of public and private property. The government cited the accused’s social media posts calling for protests, but no further evidence, to substantiate the charges.

Freedom of Press and Media, Including Online Media: The independent media were active and expressed a wide variety of views. The law bans “detention of journalists in police custody, preventive detention, and imprisonment of journalists for offense committed by means of press or by others means of publication.” The law, however, provides for substantial fines for anybody found guilty of committing offenses by means of press or by others means of publication.

Newspapers aligned politically with the opposition frequently published editorials condemning the government. Journalistic standards were flouted by regime and opposition-aligned media outlets, sometimes leading to allegations of defamation, and subsequent counterallegations that opposition media were more likely to be charged for that offense.

The High Audiovisual Communications Authority oversees the regulation and operation of radio and television stations and is generally viewed as supportive of the government and more likely to impose sanctions on media close to the opposition. Opposition groups and civil society criticized the government’s control over the main state-owned television station, claiming it gave far more coverage to the ruling party’s political activities. There were numerous independent radio stations. The law prohibits transmission of political commentary by community radio stations, but the regulatory authority allows community radio stations to run political programs if they employ professional journalists. The owners of these stations, however, reported they often self-censored and avoided broadcasting political content, such as political debates and interviews with political leaders, because they feared being sanctioned or shut down by the communications authority.

Violence and Harassment: Journalists were sometimes subjected to violence, harassment, or intimidation by authorities due to their reporting.

On March 25, Sindou Cisse and Marc Dossa, two journalists affiliated with Generations Nouvelles, an opposition-aligned newspaper, were found guilty of publishing “fake news” when they reported on the existence of COVID-19 cases in prisons. They were sentenced to substantial fines.

On March 31, a court sentenced Vamara Coulibaly, director of publication of the newspaper Soir Info, and Paul Koffi, director of publication for the newspaper Nouveau Reveil, to substantial fines for spreading false news when they printed a letter on March 29 from lawyers for arrested opposition Member of Parliament Alain Lobognon in which they complained about prison conditions in which their client was being held.

In May media reported security officials had beaten Claude Dasse, a journalist investigating a rumored prisoner extortion scheme by officials at the country’s main prison. When Dasse arrived at the prison for a scheduled interview with the warden, he was instead met by a prison official implicated in the investigation. The official reportedly had guards beat Dasse and hold him in a prison cell for several hours. Before releasing Dasse, the official reportedly warned him he would be killed if he reported the encounter. Although Dasse alleged that an investigation opened by the local prosecutor established that he had been assaulted and held against his will, authorities had taken no further action on the case as of December.

Censorship or Content Restrictions: The government influenced news coverage and program content on television channels and public and private radio stations. Both independent journalists and journalists affiliated with the state-owned media said they regularly exercised self-censorship to avoid sanctions or reprisals from government officials. The National Press Authority, the government’s print media regulatory body, briefly suspended or reprimanded newspapers and journalists for statements it contended were false, libelous, or perceived to incite xenophobia and hate. Human rights organizations reported legal intimidation had a chilling effect on media coverage of certain topics, and media often only believed themselves to be secure publishing stories critical of the government after the same reporting had appeared in international publications.

Libel/Slander Laws: Libel deemed to threaten the national interest is punishable by six months to five years in prison and substantial fines.

In March the gendarmerie summoned Yacouba Gbane and Barthelemy Tehin, two journalists working for an opposition-aligned newspaper, for questioning in connection with an editorial alleging government corruption. The journalists were charged, prosecuted, and found guilty of defaming the state the same day. Each was subjected to a substantial fine.

Internet Freedom

There were no credible reports the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no reports of government restrictions on academic freedom or cultural events, except that the latter were restricted, along with many other public activities, due to the COVID-19 pandemic.

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

The law provides for freedom of peaceful assembly, but the government did not always respect this right. The law requires groups that wish to hold demonstrations or rallies in stadiums or other enclosed spaces to submit a written notice to the government at least three days before the proposed event. The organizers must receive the government’s authorization in order to proceed.

Numerous opposition political parties reported denials of their requests to hold political meetings and alleged inconsistent standards for granting public assembly permits. Several human rights organizations affirmed the routine unequal treatment of opposition political parties and reported that opposition political party gatherings were sometimes dispersed with excessive force by security personnel.

In December 2019 some local authorities prohibited public demonstrations through early January, shortly before two opposition-planned marches and political gatherings across the country. In August the government suspended demonstrations on public roads through mid-September (later extended through November 1), following a spate of protests opposing President Ouattara’s decision to run for a third term.

Protests in various locations in response to President Ouattara’s candidacy turned violent, and protesters clashed with both police and other civilian supporters. Human rights organizations alleged that, during one anti-Ouattara protest in August, security forces in Abidjan allowed groups of civilian men, some armed with machetes and sticks, to attack demonstrators, seriously injuring one person. Security authorities announced an investigation into those attacks.

On October 19, the Student and Scholastic Federation of Cote d’Ivoire, called a 72-hour strike to protest school fees. At the Abidjan campus of the Felix Houphouet-Boigny University, the strike included violent clashes between student federation members and machete wielding nonstudent youth, leaving several injured.

In mid-November the government reported that several investigations confirmed that, since August, 85 persons had been killed, 484 injured, and 225 arrested in connection with election-related protests or clashes, many of them between groups of supporters of rival political parties. Some of those arrested included protesters marching peacefully but without government authorization.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but the government generally respected these rights.

In-country Movement: There were reports of impediments to internal travel. Although some roadblocks set up by security forces served legitimate security purposes, extortion of bribes was sometimes reported.

In March in response to the COVID-19 pandemic, the government declared a state of emergency and implemented a nationwide nightly curfew. During the first week of the curfew, videos of security forces using heavy handed and sometimes physical enforcement tactics circulated widely on social media. In response, the government issued a statement reassuring the population of its intention to enforce the curfew in ways that “respect human rights.” Images later circulating via media sources showed security forces and public officials discussing curfew enforcement and COVID-19 test site construction with the public in various neighborhoods in Abidjan. In April, four soldiers, including a colonel, were arrested and referred to a military tribunal for allegedly harassing and extorting civilians not in compliance with the curfew.

As part of the state of emergency, the government also established a “cordon sanitaire” intended to prevent the spread of the virus by requiring permits for persons to leave or enter Abidjan. There were credible reports of bribery at some of those checkpoints. The state of emergency was lifted on July 15.

e. Status and Treatment of Internally Displaced Persons

As of mid-December international organizations and the government estimated there were approximately 3,000 internally displaced persons (IDPs) in the country as a result of feared or experienced violence associated with the October 31 presidential election. International organizations also reported that the number had been as high as 5,530 persons before IDPs began to return home voluntarily in late November and early December. The government actively coordinated with international organizations to register and deliver services to the IDPs.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: The government was generally hospitable towards refugees, who enjoyed most rights and freedoms afforded to citizens. Returnees were generally well received by communities and administrative authorities; however, competition over limited resources, the lack of public infrastructure, and property rights disputes in areas of return affected social cohesion between nationals, returnees, and migrants.

Access to Asylum: The constitution, international conventions and treaties the country is party to, and executive orders provide for granting asylum or refugee status, and the government has established an administrative system for providing protection to refugees. There is no national asylum law. Asylum seekers awaiting adjudication of their application enjoy a full set of basic rights, including freedom of movement, health care, and education. Asylum seekers are not entitled to work until they receive refugee status.

Freedom of Movement: Refugee documents, including a refugee identity card issued by the Ministry of Foreign Affairs, allowed refugees to move freely in the country, with refugees younger than age 14 included on their parents’ documents.

Durable Solutions: UNHCR reported it is almost impossible for refugees to be naturalized, except through marriage to an Ivoirian national. UNHCR was only aware of one case of nonmarital naturalization: a resident living in the country for more than 20 years who was granted nationality through a presidential decree.

Temporary Protection: The government also provided temporary protection for individuals who did not qualify as refugees under the relevant UN conventions and were denied asylum. Nationals of members of the Economic Community of West African States (ECOWAS) may remain in the country with a valid identification document (i.e., a national identity card or passport) from their country of origin. Non-ECOWAS African nationals and nationals of other countries must obtain a residency permit within 90 days of their asylum claim rejection or face deportation. To obtain a residency permit, non-ECOWAS African nations must submit their asylum rejection letter and pay a substantial fee. Residency permit requirements for other nationals are based on reciprocity between the country and the applicant’s country of origin.

The government did not report the number of persons believed to be stateless during the year. The migrant parents of many children born in the country did not register their children, thus placing these children at risk of statelessness. With birth registration a requirement for citizenship, all unregistered children were at risk of statelessness. UNHCR estimated there were almost 519,000 abandoned children and foundlings (i.e., abandoned children of unknown parentage), who were at risk of statelessness because they could not prove their citizenship through their parents, as required under the law. Such children were deprived of the opportunity to attend high school (which is legally compulsory until the age of 16, but also requires the presentation of identity documents as part of the enrollment process), and, as adults, would be unable to open a bank account, travel abroad freely, or vote or exercise other political rights, such as running for office.

Stateless persons reportedly faced numerous significant additional difficulties, such as in accessing health services, marrying civilly, or receiving an inheritance. Social stigma and harassment can also accompany statelessness.

The government has policies to resolve the status of certain stateless persons. The country has adopted a legal process for identifying and protecting stateless persons. Two regulations signed in September formally establish procedures for some individuals to petition the government for a formal determination of statelessness status. According to UNHCR this determination would pave the way for some stateless persons to receive identity documents and access to other legal processes. As of December the government had not yet begun to adjudicate cases under these new mechanisms.

From 2018 through September 2019, judges in seven cities issued nationality certificates to more than 100 children of unknown parentage. A Catholic parish in Abidjan began a program in March 2019 to help parishioners navigate the cumbersome and costly procedure for obtaining birth certificates for any parishioner’s child born in the country.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of international and domestic human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials met with some of those groups, sometimes at very senior levels. While the government was somewhat cooperative and responsive to their views, depending on the topic or case, it was at other times defensive about more sensitive topics.

Government Human Rights Bodies: The Ministry of Justice and Human Rights is responsible for implementing the government’s policy on human rights. In January 2019 the National Commission for Human Rights, an advisory body that consults on, conducts evaluations of, and creates proposals to promote and defend human rights, became the National Council for Human Rights. The change was intended to provide the council with more financial and operational autonomy. The organization remained nevertheless fully dependent on funding from the government, donors, or both, and human rights organizations continued to question its independence and effectiveness. As of October 2019, the human rights council had 31 regional commissions and seven thematically focused departments. The civilian-controlled Special Investigative Cell within the Ministry of Justice and Human Rights investigates persons responsible for human rights abuses committed during the postelectoral crisis of 2010-11. Information on prosecutions against suspects was not readily available.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law prohibits rape and provides for prison terms of five to 20 years for perpetrators. The law does not specifically penalize spousal rape, and there is a rebuttable presumption of consent in marital rape cases. The court may impose a life sentence in cases of gang rape if the rapists are related to or hold positions of authority over the victim, or if the victim is younger than age 15. Media and NGOs reported that rape of schoolgirls by teachers was a problem, but the government did not provide information on charges filed.

A local human rights organization that supports the rights of persons with disabilities reported a man was sentenced to a 20-year prison term for the April 2019 murder of his pregnant girlfriend, a woman with disabilities. The same organization reported that the 2019 rape and killing of another teenage girl with disabilities remained unsolved as of September.

Survivors were often discouraged from pursuing criminal cases, with their families often accepting payment as compensation. A human rights organization cited a recent case in which a rape victim with disabilities’ father brought a complaint against the rapist and then withdrew it upon receiving a private payment from the assailant. The mother of the victim, wanting her own compensation, threatened to file a complaint and then refused to do so after receiving a payment from the assailant. There was at least one report of security forces intervening to persuade a family to file criminal charges rather than accept private compensation for a sexual assault on their minor child.

Although rape victims were no longer legally required to obtain a medical certificate, some human rights organizations reported that victim who did not do so encountered difficulties in moving their cases forward. Obtaining a medical certificate could be costly. In the first half of the year, the government reported authorities accepted 50 rape cases for investigation without a medical certificate.

Female Genital Mutilation/Cutting (FGM/C): The law specifically forbids FGM/C and provides penalties for practitioners of up to five years’ imprisonment and substantial fines. Double penalties apply to medical practitioners, including doctors, nurses, and medical technicians. Nevertheless, FGM/C remained a problem. The government reported one FGM/C prosecution in the first half of the year. The defendant was fined and sentenced to 24 months in prison. The most recent 2016 Multiple Indicator Cluster Survey indicated that the rate of FGM/C nationwide was 36.6 percent, with prevalence varying by region.

Other Harmful Traditional Practices: Societal violence against women included traditional practices that are illegal, such as dowry deaths (the killing of brides over dowry disputes), levirate (forcing a widow to marry her dead husband’s brother), and sororate (forcing a woman to marry her dead sister’s husband). The government did not provide information regarding the prevalence or rate of prosecution for such violence or forced activity during the year but stated that no deaths were linked to these practices.

Sexual Harassment: The law prohibits sexual harassment and prescribes penalties of one-to–three years’ imprisonment and fines. Nevertheless, the government rarely, if ever, enforced the law, and harassment was widespread and routinely tolerated.

Reproductive Rights: The law provides for full and equal access to reproductive health information and services to all men and women ages 15 and older. Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so, free from coercion, discrimination, or violence. Government policy required emergency health-care services to be available and free to all, but care was not available in all regions, particularly rural areas, and was often expensive.

According to estimates by the World Health Organization (WHO), in 2010-19, 44 percent of women of reproductive age had their need for family planning satisfied with modern methods. The United Nations Population Fund (UNFPA) estimated 82 percent of all women had the autonomy to decide whether to use contraception. Barriers to modern methods of contraception included cost (the government only partially subsidized the cost of some methods of contraception), distance to points of purchase such as pharmacies and clinics, and low or unreliable stocks of certain types of contraception. Other barriers to use included misinformation and hearsay, as well as religious beliefs and biases against marginalized groups.

According to estimates by the WHO, 74 percent of births in 2010-19 were attended by skilled health personnel. Barriers to births attended by skilled health personnel included distance to modern health facilities, cost of prenatal consultations and other birth-related supplies and vaccinations, and low provider capacity. According to WHO estimates, in 2010-18, the adolescent birth rate was 123 per 1,000 girls aged 15-19.

Health services for survivors of sexual violence existed, but costs of such services were often prohibitive for victims, law enforcement often did not know to refer victims to medical practitioners, and many medical practitioners were not trained in treatment of survivors of sexual violence.

According to estimates by the WHO, UNICEF, the UNFPA, the World Bank, and the United Nations Population Division, in 2017 (the latest year for which data are available), the maternal mortality rate was 617 deaths per 100,000 live births, down from 658 deaths per 100,000 live births in 2015. Factors contributing to the high maternal mortality rate were chiefly related to lack of access to quality care. Additionally, local nongovernmental organizations reported women often had to pay for prenatal consultations and other birth-related supplies and vaccinations, which dissuaded them from using modern facilities and increased the likelihood of maternal mortality. As a result of FGM/C, scarification was common. Scarification can lead to obstructed labor during childbirth, an obstetric complication that is a common cause of maternal deaths, especially in the absence of Caesarean section capability.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men in labor law, although there were also restrictions on women’s employment (see section 7.d.). A 2019 law establishes the right for widows to inherit upon the deaths of their husbands as much as the deceased’s children can. Human rights organizations reported many religious and traditional authorities rejected laws intended to reduce gender-related inequality in household decision-making.

Children

Birth Registration: The law confers citizenship at birth if at least one parent was a citizen when the child was born.

The law provides parents a three-month period to register their child’s birth for a nominal fee. In some parts of the country, the three-month window conflicts with important cultural practices around the naming of children, making birth registration difficult for many families. To register births after the first three months, families must also pay a fine. For older children, authorities may require a doctor’s age assessment and other documents. To continue to secondary school, children must pass an exam for which identity documents are required. As a result children without documents could not continue their studies after primary school. The government, with the support of UNICEF, requires healthcare workers in maternity wards and at immunization sites to complete birth registration forms automatically when providing services. According to UNICEF this service was offered during the year in nearly 62 percent of the country’s health centers and, since the beginning of the program, health workers have completed registration paperwork for 85,779 newborns out of 94,892 live births, a registration rate of 90 percent.

Education: Primary schooling is obligatory, free, and open to all. Education was thus ostensibly free and compulsory for children ages six to 16, but families generally reported being asked to pay school fees, either to receive their children’s records or pay for school supplies. In principle students’ families do not have to pay for books or user fees, but families usually covered some schooling expenses not covered by the government. Parents also often contributed to teachers’ salaries and living stipends, particularly in rural areas. Parents of children not in compliance with the law were reportedly subject to substantial fines or two to six months in jail, but this was seldom, if ever, enforced, and many children did not attend or have access to school.

Girls participated in education at lower rates than boys, particularly in rural areas. Although girls initially enrolled at a higher rate, their participation dropped below boys’ because of a cultural tendency to keep girls at home to care for younger siblings or do other domestic work, and due to reported sexual harassment of female students by teachers and other staff. In April 2019 the Ministry of National Education created a new gender unit to focus on improving education and training for girls and women. The gender unit sponsored several events during the year, including a celebration of International Day of the Girl and a training for community leaders and parents on preventing pregnancy among school-aged girls.

Child Abuse: The penalty for statutory rape, or attempted rape, of a child younger than age 16 is a prison sentence of one to three years and a substantial fine. In March the government published a report detailing the findings of a 2018 study carried out with the support of international donors on violence against children and youth younger than age 18. The study found that 19 percent of girls and 11 percent of boys had been victims of sexual violence and 47 percent of girls and 61 percent of boys had been victims of physical violence. In 2019 the government investigated 59 cases of sexual abuse of minors and 37 child rape cases. In the first half of the year, the government reported two child rape convictions and four pending prosecutions. In February authorities arrested the relatives of a nine-year-old who died while being raped for not reporting the crime and for aiding in the rapist’s escape. To assist child victims of violence and abuse, the government cooperated with UNICEF to strengthen the child protection network in areas such as case management, the implementation of evidence-based prevention programs, and data collection and analysis.

Responsibility for combating child abuse lies with the Ministries of Employment, Social Affairs, and Professional Training; Justice and Human Rights; Women, Families, and Children; Solidarity, Social Cohesion, and the Fight against Poverty; and National Education. International organizations and civil society groups reported that lack of coordination among the ministries hampered their effectiveness.

Child, Early, and Forced Marriage: A law passed in July 2019 equalized the legal age for marriage for women and men at 18. The law prohibits marriage of women and men younger than 18 without parental consent. The law specifically penalizes anyone who forces a minor younger than 18 to enter a religious or customary matrimonial union. Nevertheless, reports of traditional marriages involving at least one minor spouse persisted.

In 2017 (most recent data available) according to UNICEF, 27 percent of girls were married by age 18 and 7 percent by age 15. In September media reported that a 15-year-old girl had been forced to marry a 29-year-old man in a customary marriage and was subjected to repeated abuse until she stabbed him to death in self-defense. Authorities arrested the girl and she confessed to the homicide; however, the public prosecutor ultimately released her and entrusted her to the Child and Youth Judicial Protection Service.

Sexual Exploitation of Children: The minimum age for consensual sex is 18. The law prohibits the use, recruitment, or offering of minors for commercial sex or use in pornographic films, pictures, or events. Violators can receive prison sentences ranging from five to 20 years and substantial fines. Statutory rape of a minor carries a punishment of one to three years in prison and a monetary fine.

The country is a source, transit, and destination country for children subjected to trafficking in persons, including sex trafficking.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Displaced Children: Human rights organizations reported thousands of children countrywide lived on the streets and were frequently subject to harassment by authorities. The government implemented a program to reduce the number of homeless minors. Officials in the Ministry of Youth opened several centers in a few cities where at-risk youth could live and receive training. A charity associated with First Lady Dominique Ouattara broke ground on a shelter to house former juvenile offenders. There was no information on the number of minors assisted in 2020.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html .

The country’s Jewish community numbered fewer than 100 persons, including foreign residents and Ivoirian converts. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The constitution contains protections for persons with disabilities. The law requires the government to educate and train persons with physical, mental, visual, auditory, and cerebral motor disabilities; hire them or help them find jobs; design houses and public facilities for wheelchair access; and adapt machines, tools, and work spaces for access and use by persons with disabilities as well as to provide them access to the judicial system. The law prohibits acts of violence against persons with disabilities and the abandonment of such persons. These laws were not effectively enforced.

Political campaigns did not include braille or sign language, undercutting civic participation by persons with vision and hearing disabilities. The CEI did not provide any formal accommodations for persons with disabilities at polling sites for the October presidential election, although observers reported CEI staff assisting persons with disabilities during both the presidential election and the June-July voter registration period on an ad hoc basis, including by physically carrying registration documents down to ground level of a building if the registration center was located on a higher floor.

Persons with disabilities reportedly encountered serious discrimination in employment and education. Prisons and detention centers reportedly provided no accommodations for persons with disabilities. Although the law requires measures to provide persons with disabilities access to transportation and buildings and designated parking spots, human rights organizations reported these provisions were frequently not implemented around the country.

The government financially supported some separate schools, training programs, associations, and artisans’ cooperatives for persons with disabilities, located primarily in Abidjan, but human rights organizations reported these schools functioned primarily as literacy centers and did not offer the same educational materials and programs as other schools. The government made efforts to recruit persons with disabilities for select government positions. Nonetheless, it was difficult for children with disabilities to obtain an adequate education if their families did not have sufficient resources. Although public schools did not bar students with disabilities from attending, such schools lacked the resources to accommodate them. In some instances, provisions were financed by private donations. Homelessness among persons with mental disabilities was reportedly common.

The country has more than 60 ethnic groups; human rights organizations reported ethnic discrimination was a problem. Authorities considered approximately 25 percent of the population foreign, although many within this category were second or third generation residents. Land ownership laws remained unclear and unimplemented, resulting in conflicts between native populations and other groups.

The law prohibits xenophobia, racism, and tribalism and makes these forms of intolerance punishable by five to 10 years’ imprisonment. During the presidential election period, numerous interethnic (referred to as intercommunal in the country) clashes occurred. A particularly violent clash in Dabou between two ethnic groups, Malinke and Adjoukrou claimed 16 lives and injured 67 persons. Government officials found that the violence had been instigated by unidentified outside actors wanting to stoke the conflict, potentially for political gain, but did not say whether the actors were progovernment or opposition. Security forces deployed to the town to restore order and remained on the scene for several days.

In November, brutal intercommunal conflicts broke out in the rural interior towns of Daoukro, between Baoule and Malinke, and in M’Batto, between Agni and Malinke. The government recorded six deaths in Daoukro and three deaths in M’Batto, including two cases of persons burned to death and one beheading, although one opposition party claimed the actual death toll was much higher.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. In July 2019 the government made minor changes to the law, but human rights organizations reported the changes did not prevent tacit discrimination based on sexual orientation or gender identity.

Human rights organizations reported the lesbian, gay, bisexual, transgender and intersex (LGBTI) community continued to face discrimination and violence. Authorities were at times slow and ineffective in their response to societal violence targeting the LGBTI community. Further, LGBTI persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously. LGBTI community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTI youth often caused them to become homeless and drop out of school. Members of the LGBTI community reported discrimination in access to health care.

In February a gay man was reportedly severely beaten by family members after presenting his long-term partner publicly at his birthday party. The next day, his uncle told him he would not let his homosexuality tarnish the family’s image and instructed relatives to beat or kill him. After his relatives beat the man, neighbors sheltered him and took him to a health center for treatment. He then took refuge in a church, but congregants demanded the pastor expel him. Information regarding authorities’ response to this incident was not readily available.

There were no credible reports of official discrimination based on HIV/AIDS status, and the government respected the confidentiality of individuals’ HIV/AIDS status. The government adhered to global standards of patient rights, and a statement of these rights was posted or available at health facilities. The law expressly condemns all forms of discrimination against persons with HIV and provides for their access to care and treatment. The law also prescribes punishment for refusal of care or discrimination based on HIV/AIDS status. Social stigma persists.

The Ministry of Health and Public Hygiene managed a program within the National AIDS Control Program to assist vulnerable populations at high risk of acquiring HIV/AIDS (including but not limited to men who have sex with men, commercial sex workers, persons who inject drugs, prisoners, and migrants). The Ministry of Women, Families, and Child Protection oversaw a program that directed educational, psychosocial, nutritional, and economic support to orphans and other vulnerable children, including those infected or affected by HIV.

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