Chapter 4 Côte d’Ivoire Raphaël Ouattara Introduction Looking back, Côte d’Ivoire experienced unparalleled political stability within a sub-region weakened by numerous military coup d’états. Houphouët Boigny, the founding father of the independent state of Côte d’Ivoire enjoyed unquestioned historical legitimacy. Indeed, at the beginning of the 80s, it was one of the rare countries in the sub-region that was led by a civilian government. Côte d’Ivoire was considered a haven of peace and was also an economic beacon that attracted the citizens of neighbouring countries who came seeking a better life. President Houphouët Boigny’s government encouraged this immigration of cheap labour in order to consolidate the country’s position as the economic and even political powerhouse of the subregion. Later on, however, the same immigrants became an electoral weapon in the hands of the government, to be brandished in the face of the growing demands of the opposition. Thus, in the 80s and 90s, the cyclical economic difficulties and the democratic aspirations of the population created a climate poisoned by the exacerbation of ethnocentric and nationalist reflexes, thus making way for all sorts of sectarian and exclusionist excesses. Of course, the most obvious targets were foreigners; those brethren who in the past had been courted for their labour, but were now considered out of place and were accused of being the cause of every ill. Like the economic fabric, the social fabric started to give way. Crime and delinquency began to undermine the tranquillity of the population, spreading from cities to the countryside. Gradually, acts of aggression were no longer carried out against individuals, but against small interest groups, then against communities and even states. The issue of the security of individuals, goods and borders became an overriding concern. President Houphouët passed away on 7 December 1993. The right of succession was governed by the highly controversial article 11 of the 3 November 1960 constitution, which generated confusion at the summit of 74 Raphaël Ouattara government because both the Speaker of the National Assembly, Mr. Henri Konan Bedie and the incumbent prime minister, Mr. Alassane Ouattara, sought to succeed the president. Finally, Mr. Konan Bedie, escorted by the national gendarmerie, declared himself president of the republic in a nationwide television broadcast. By this unprecedented act in the political and constitutional history of the country, the defence and security forces lost their unity and neutrality and became central players and arbiters on the democratic field. A feeling of mistrust was thus established between the existing government and the national armed forces. The ‘Silent One’ had just broken its silence and began to make itself heard, even making certain corporatist demands. In response, on 24 December 1999, the army took over political power and put Brigadier General Robert Guei at the helm of affairs. He suspended the constitution and dissolved all institutions of the republic by ordinance on 27 December 1999. The military transition was established under the collective leadership of the National Council of Public Safety (CNSP), presided by the general himself. Among other things, the CNSP set itself the task of revising the constitution and organising general elections for the purpose of handing over political power to civilians. However, persistent divisions in the security forces between partisans and opponents of the overthrown government led to a split. Many conspiracies and pseudo-conspiracies were foiled, followed by a wave of arrests and summary executions. Armed groups were formed, trained and assigned to do the dirty work. After the referendum on the constitution in July 2000, when Guei decided to stand for election as president, against the advice of his principal lieutenants and contrary to the promise made to Ivorians, the division became even clearer and new splits appeared within the council, the military hierarchy and among the rank and file. The day after the presidential election that followed the referendum, the head of the CNSP, substituting for the national electoral commission, the body in charge of organising, centralising and proclaiming the results, proclaimed himself ‘elected’ as president of the Second Republic. Candidate Laurent Gbagbo called on the population to come out into the streets to counter the usurper. The situation deteriorated and the general’s partisans were thwarted by the force of arms and the popular movement. Laurent Gbagbo was ‘installed’ as de facto head of state by the national gendarmerie and some soldiers who supported him even before the results were published. The national electoral commission ended up proclaiming Gbagbo elected. But from that moment, the in-fighting within the security and defence Côte d’Ivoire 75 forces found an echo in the political antagonisms and vice versa. Within this environment, an unprecedented military/political crisis emerged, which resulted in the armed insurrection of 19 September 2002. Since that date, Côte d’Ivoire has been divided in two with the existing regime in Abidjan on the one hand, controlling the southern half of the country and the rebels on the other, occupying and controlling the northern half. Today, much debate on SSR in the country focuses on the disarmament, demobilisation and reintegration (DDR) of the former belligerents. Following the Pretoria agreements, the national DDR commission was established with the support of the international community. Intense negotiations started, with the involvement of the prime minister of the transition government and eminent personalities from civil society. They led to an agreement on various stages that was expected to culminate in the total disarmament of the pro-government and pro-New Forces militia, starting from 27 June 2005 for the latter. Accompanying measures, including a financial component (European Union Fonds Sud) were also included, to ensure the success of the DDR exercise and prepare the ground for elections. Presidential elections took place on 28 November 2010 but recourse to arms was necessary before the choice of the Ivorian people was respected. The two armies that had been engaged in DDR confronted each other, complicating significantly the security equation. In this study, we shall start by describing the security apparatus and its environment before going on to examine its strengths and weaknesses. In conclusion, we shall suggest some guidelines for implementing reforms that are capable of supporting democratic governance of this sector in Côte d’Ivoire. The security apparatus and its environment In line with the conventional nomenclature, we can distinguish between those forces in charge of protecting and defending territorial integrity and those in charge of internal security. These different units are not organised formally. The national armed forces of Côte d’Ivoire (FANCI) are under the authority of the chief of staff, while the gendarmerie, police force, customs service, the navy and the forestry service are under separate and independent command structures. 76 Raphaël Ouattara The national armed forces of Côte d’Ivoire Defence is provided by the national armed forces of Côte d’Ivoire (FANCI), which include the air force, the navy and the army. Since the military coup in December 1999, the army has often been involved in politics. The head of the FANCI is the chief of staff, appointed by the president of the republic, who is also the commander in chief of the armed forces according to the terms of article 47 of the constitution. The air force and the navy are each under the command of senior officers from their units, who are under the authority of the chief of staff. Because of the current situation, it is difficult to give a precise estimate of the real strength of the FANCI. Until recently, the Ivoirian army was made up of 15,000 men. This figure may have increased to 17,000, not including auxiliaries, since 19 September 2000.1 National gendarmerie The FANCI are supported by the national gendarmerie when necessary. The gendarmerie is considered to be a well-equipped and well trained elite unit. Since its principal mission is to maintain law and order, in the past its equipment only included light weapons. However, because of the role that it was compelled to play in the recent history of the country, the gendarmerie is now equipped with tanks and cannons, which were used to rout General Robert Guei’s men during the attempt to ‘steal’ the elections. There might be a total of up to 2,000 gendarmes throughout the national territory. Almost every administrative constituency has its own gendarmerie post or brigade. Gendarmes are recruited by means of a competitive exam and are trained in the national gendarmerie training school, which is situated in Abidjan and headed by a senior officer. The school also provides upgrading and refresher courses for non-commissioned officers and officers currently in service. The gendarmerie was given military status, at its own request, in the 1980s. The gendarmerie falls under the authority of a senior commander. Today, this corps is probably overequipped. Customs The customs service provides surveillance at the borders and seeks to protect the national economy from smuggling and financial crime. Its functions are mainly related to internal revenue. Customs officers are armed with Côte d’Ivoire 77 handguns to foil the attempts of criminals who take advantage of the porous borders to carry out activities that are harmful to national economic activity. The customs service remains a paramilitary force whose supervisory ranks are trained at the national school of administration in Abidjan, while the agents in uniform are trained at the customs training school. Because of the advantages linked to military status, the customs service has been demanding to be included in the military for many years, as did the gendarmerie and the national police force. National police force Internal security is provided by both public and private forces, whose missions are not always clearly delineated. The national police force is the main agent of internal security: it ensures order and security for goods and persons. When necessary, the gendarmerie intervenes as back-up to the police. The police force was able to obtain military status and enjoys the attendant prerogatives (specific status within the public service, a special military provident fund, free accommodation, etc.). Police stations are found in almost all the main urban centres. The police force is under the authority of a director general. The criminal investigation department is in charge of investigations and prosecutions that are ordered by the public prosecutor or by the court, in the case of common law offences. The commercial police department is in charge of preventing and sanctioning economic crime. There is a department of territorial surveillance, which provides intelligence using civilian personnel who are nevertheless authorised to carry handguns. They fall under the authority of the director general of national security. The navy Security on the seas and lagoons is provided by the personnel of the department of maritime and port affairs: the navy is in charge of training the river and coastal police in maritime waters and lagoons that fall under national jurisdiction and also contributes to regional coordination of coastguard activities, while participating in policing fishing activities and other security related activities. Security of fauna and forests Security of the fauna and forests is provided by a paramilitary force called 78 Raphaël Ouattara the forest police. The forest wardens carry handguns and rifles. They take their orders from a director general. The republican guard This is in fact a militia in charge of protecting the presidential palace and the president of the republic. Until very recently, their weaponry was limited to rifles, machine guns and a few cannon for parading. Private security forces This situation dates back to the start of the armed insurrection in September 1999, but it clearly shows the main problems that have to be resolved in order to guarantee the security of persons and goods. Insecurity has led to the establishment of self-defence militias (alongside the regular forces described above) in certain popular neighbourhoods, to provide security at night: these militias were in charge of sounding the alert and therefore acted as watchdogs and were rarely armed. In certain areas, the population called on the services of traditional hunters, who were reputed to have supernatural powers: they were armed with locally manufactured hunting rifles. It is impossible to say just how many such informal security organisations exist. This uncontrolled proliferation of paramilitary groups, a consequence of the failure or the incapacity of authorised forces to provide adequate security of goods and persons, was of even greater concern in light of the fact that some weapons that had come into circulation during the 1999 coup remained unaccounted for. Similarly, weapons coming in from neighbouring Liberia could be purchased dirt cheap from refugees. In addition to these groups, other watch brigades set up business providing guards for various premises, offices and private residences. These more or less structured organisations had been stifled during the military transition. However, they were able to resume their activities after the inception of the Second Republic. The issue of security in Côte d'Ivoire has been redefined in different terms since the politico-military crisis of September 2002. The tragic confrontations of 19 September 2002, which have been qualified by some as an armed insurrection, by others as a military-civilian crisis and by yet others as a civil war or aggression, certainly complicated the situation considerably. These acts benefited from the lax and corrupt economic and social fabric, as well as the weakness of institutions of democratic governance and the fact that political quarrels had been transposed into the armed forces. Côte d’Ivoire 79 The direct consequence of this situation was the restructuring of private entities that are authorised to use force. While some have closed down, others have been set up more formally and yet others have been created. Following the resumption of hostilities in November 2004 and the subsequent scenes of violence in Abidjan against foreigners and the French in particular, the security sector has been ‘enhanced’ with the establishment of private security agencies mainly in charge of protecting French citizens and their property and businesses from the violence aimed at them and of which some had been victims. This trend can be explained by the incapacity or the lack of willingness on the part of the Ivoirian authorities to provide protection to the citizens of a country that they have portrayed throughout the crisis as hostile. The proliferation of such private security companies is also a reaction to the alleged activities of the ‘death squads’, which are believed to have operated throughout the political and security crisis in Côte d’Ivoire. All that is known about these squads are the acts that are rightly or wrongly attributed to them. Whatever the case may be, the emergence of private security agencies only contributes to making the security equation even more complex as they are potential players in the use of violence, the Ivoirian state having lost its monopoly a long while back. Thus, increasingly, and especially in Abidjan, the economic capital, the neighbourhood militias are armed. Most of the traditional hunters joined the armed rebellion and have practically disappeared from Abidjan and the areas controlled by loyalist forces. They are found mostly in the extreme north and serve as auxiliary forces for the Forces Nouvelles (FN). Other new so-called patriotic militia groups have been set up and claim to be armed to ‘defend’ the existing legal authority and ‘free’ Côte d’Ivoire from the ‘assailants’. Faced with such a picture, it becomes clear that the security equation is increasingly complex and even more difficult to resolve. Indeed, security sector reform should be applied not only to organised forces (both loyalist and rebel), but also to armed groups and security agents who have no fixed leaders. Security forces without leaders With regard to structure, the security forces are faced with a multiplicity of centres of command. Although this ensures a formal division of tasks, it is nevertheless a challenge in terms of administrative management and operational coordination, in particular within a context of civil war. The task 80 Raphaël Ouattara is even more arduous because in the operational dimension, the separation between defending territorial integrity and ensuring internal security of goods, persons and communities is not so clear in a failed state whose authority is called into question. The situation is made more complicated today with the excessive politicisation of the military as a result of the effects of the 1999 coup and the fact that party heads and leaders all want to have their men in the armed and security forces. Today, indiscipline and insubordination have become entrenched in the military, transforming it into a many-headed monster. In a 2001 report assessing the state of democracy in Côte d’Ivoire, the National Democratic Institute for International Affairs uncovered the personal rivalries within the army, which have been compounded by disobedience and the creation of various groups with divergent loyalties, especially during the military transition.2 There is also the bitter feeling that the authorities of the Second Republic have not entirely succeeded in restoring civilian control over the military, and it quickly becomes clear that the renegade forces continue to pose a threat to national stability. Thus, indiscipline, frustration with mismanagement, partisan positions, ethnic and religious divisions, massive and uncontrolled flows of weapons of war from hot zones and/or neighbouring countries (Liberia, Sierra Leone) and the desertion of many soldiers have led to the total disintegration of cohesion in the defence and security forces. Today, it is quite obvious that the formal security forces have failed to fulfil their mission of protecting goods and persons. A person who carries weapons inspires more fear than trust in the population. Even worse, suspicion has now sunk its roots among security agents, not only between the different forces, but also within the ranks of these forces. Communities no longer trust each other and distrust is generalised: stakeholders in the security sector whose vocation is to serve as an interface and protect the population have failed to reassure the latter of their ability to fulfil this role. It must be said in their defence that the logistics and resources at their disposal are inadequate for the growing requirements of their duties. Furthermore, the excessive importance accorded to external threats does not allow for balanced and clearheaded resource management to face the numerous dangers. All these imbalances are accompanied by a feeling that internal security forces are the ‘poor relations’ compared to others who are seen as more privileged. This uneasiness is due to the terrible dilemma of having to choose between giving priority to security along the borders and guaranteeing internal security. One consequence of choosing to go to war to Côte d’Ivoire 81 save the republic has been a proliferation of self-defence militias and private security forces. Security sector management and oversight In a democracy, the conventional channels for civilian control of those bodies in charge of the security of persons and goods are the institutions of the republic and the main depository of sovereignty, namely the citizenry, through grassroots organisations. Parliamentary oversight Where the legislative branch is concerned, the 225 national assembly members are divided into only six standing committees that do not even have rooms for their meetings. In the absence of a parliamentary majority, small parties are at an advantage as they can ‘sell’ their votes to the ruling party, thus distorting the exercise of democracy and discussion of ideas in the assembly. Against such a backdrop, it is not surprising that parliamentary control of the executive is almost inexistent. In addition, the Ivoirian regime is more presidential than parliamentary. As such, the president of the republic holds executive power exclusively (article 41) and appoints people to civilian as well as military positions (article 46) without needing the approval of parliament. He is the commander-in-chief of the armed forces (article 47). The president cannot, however, declare war (article 73) or extend a state of siege beyond two weeks without the authorisation of parliament. In the same vein, the status of military personnel and staff of the national police is governed by law (article 71). The president may requisition defence and security forces without first referring to the national assembly. He may also request that foreign troops be stationed on the national territory under the same conditions. Of course, the national assembly approves the general state budget but it is clear that the real budget allocated to the defence forces is considered a defence secret. Indeed, the same applies to information about the available arsenal, the numbers of troops and the real salaries of senior officers. Nevertheless, the minister of defence, like any other member of government, may be summoned by the national assembly to give explanations about issues relating to his ministry. From a strictly governance point of view, like all other ministries in Côte d’Ivoire, the ministry of defence has an inspectorate department that is 82 Raphaël Ouattara in charge of ensuring the proper application of management standards and procedures. This department is generally entrusted to officers at the end of their career and, like its counterparts in other ministries it is severely hampered by incompetence and corruption. Unfortunately, the government inspectorate general, a sort of inspectorate of inspectorates, is in a similar state. It must however be pointed out that although the minister of defence is often – if not always – a civilian, he is very quickly ‘taken into hand’ by the ministries of internal security and the navy, which are almost always headed by senior officers of these national police force, gendarmerie and the navy. Oversight by the judicial branch of power The judicial power in Côte d’Ivoire is very much disputed because of its complicity with the executive. The Ivoirian justice system takes its orders from above and in the minds of the population it demonstrates the fact that impunity is the rule. There is a double standard of justice in the country: a permissive one for those in power, which allows them to do as they wish and a stringent and exemplary one for the common people. Those in power are above the law, but then so are defence and security force personnel. Indeed, security forces have been accused of many transgressions and acts of violence, for example a nocturnal intervention by commandos in a university hostel in Abidjan in 1990, during which young female students were raped, the massacres of civilians in 2000 during the demonstrations and counterdemonstrations that followed the presidential elections (mass graves in Yopougon) and again in 2004 (killings during opposition protest marches in March), not to mention flagrant human rights abuses. Nevertheless, no sanctions were ever imposed.3 It would appear from this state of affairs that wearing a military uniform confers a status of being untouchable by law. In reality, the military are under the orders of the public prosecutor and the state prosecutor, as far as criminal investigations are concerned. Nevertheless, when military personnel are involved in a case related to their functions, the public prosecutor is competent, acting on behalf of the military prosecutor’s office. The criminal code and the military code define the scope of application and the limits of both processes. It is however important to note that the military tribunal is always presided over by a civilian judge from the appeal court. The same applies to the high court, which is chaired by a civilian judge from the Supreme Court. This structure, in theory, enshrines the pre-eminence of the judiciary in managing the security sector in Côte d’Ivoire. However, when we consider the weight of the security forces in ensuring stability and Côte d’Ivoire 83 maintaining regimes in place, including civilian regimes, it is easy to understand that control by the judicial branch is only in existence outside of the security apparatus but not inside it. Often the esprit de corps or solidarity among ‘brothers in arms’ runs counter to the requirements of public governance and accountability and has undermined the trust of the citizens in their system of justice, especially when it comes to cases involving the security forces. Civil society As indicated above, since the coup d’état of 1999, reports about human rights violations by the security and defence forces against others or against members of the forces have increased exponentially. Nevertheless, even in well-documented cases of violence, rape and murder, the perpetrators enjoy a level of impunity that has led to a clear deterioration of the image of the military and its relations with the population. Faced with this situation, political parties, who know that they must retain good relations with the army if they wish to accede to power, hardly ever speak out against such abuse. The Ivoirian Human Rights League, the Ivoirian Human Rights Movement, the Ivorian section of the Groupe d’Études et de Recherches sur la Démocratie et le Développement Économique et Social, the Ivoirian chapter of the International Association for Democracy in Africa and sometimes religious groups are the only organisations that have been bold enough to speak out to urge the authorities to face up to their responsibilities, because no one, not even those who bear arms, should be above the law. Some commissions of enquiry have thus been established in order to appease the human rights defenders, but either they never arrive at any conclusions, or no punitive measures are ever imposed. In actual fact, civil society organisations only show interest in the security sector occasionally which limits their impact on security sector management. Since there has never been any serious analysis of human rights abuses by security actors, the occasional statements and outcries of human rights advocates don’t produce any results, since they are limited to reacting to isolated cases instead of the processes behind them. Ivorian civil society lacks cohesion, which prevents it from acting as a lever that can have any real impact on governance. Thus, while a part of the public denounces and condemns abuses and calls for sanctions, another part attempts to justify or even legitimise the unjustifiable, or limits itself to a silence that can only be seen as approval. For example, it might be recalled 84 Raphaël Ouattara that demonstrations were organised by some sectors of civil society in support of the person who murdered Jean Hélène, a journalist of Radio France Internationale, who was shot by a policeman while on duty reporting for the radio station. Where civil society organisations or the media have focused critically on the security sector, it has indeed become quite commonplace to see or hear of defence forces breaking into the offices of one NGO or the other, or one press house or the other to carry out an unauthorised search, on the pretext of maintaining law and order or state security. Even more commonplace is the sight of honest citizens being brutalised, assaulted, or humiliated by representatives of the security forces for something as simple as an identity check, And woe betide any individual who would dare bring such a case to court. Many civil society organisations have set themselves up as the proxies for political parties and groupings, thus riding roughshod over the very principles that they are supposed to defend or promote. The most glaring example of this is the media, which, for the most part, have chosen to engage in propaganda, rather than wielding the powerful tool of informing the public. By openly showing themselves to be partisan, NGOs and associations that promote and defend democracy, as well as the media and other non partisan popular instruments of expression considerably reduce their chances of playing a significant role as stakeholders in the governance movement in Côte d’Ivoire. Each day they disqualify themselves even more either by inappropriate statements or their guilty silence that calls into questions their integrity and legitimacy. But such doubts must be tempered by taking into account the numerous obstacles that journalists and other activists have to overcome to access information about security, thanks to the secrecy that surrounds decisions on defence, as though the right to information and the principle of accountability did not apply to this sector. Each side has its responsibilities and they must be faced jointly. Trade unions and professional associations Professional organisations, in particular teachers’ unions, were at the forefront of the popular struggle that compelled the one-party state to return to a fully fledged multi-party system in 1990, as stipulated by the constitution. During the troubled years of structural adjustment programmes, trade unions were the voice, the conscience and the hope of the people: with Côte d’Ivoire 85 bravery and integrity, they took up the mantle of the responsibilities and expectations placed on them. Today, political interests have undermined corporatist solidarity among workers. How else can one understand the fact that the legitimate demands of cocoa producers’ unions have not been taken up by any others to date? How else can one interpret the fact that there was no movement of union solidarity to support the magistrates who went on strike, following brutal acts of violence against a number of judges at their workplace by socalled ‘Young Patriots’ unhappy about their appointment? Religious Groups Unfortunately, even religious groups have been affected by this sad turn of events. Indeed, believers have also been affected by the political divisions that undermine the ability of all citizens to live together. Certain places of worship and prayer, of all religions and denominations, have become fora for the dissemination of extremist ideas. Most Christians quickly identified with President Laurent Gbagbo, while the majority of Muslims rallied behind Alassane Ouattara. This led to the conclusion by some uninformed observers that there was a religious component to the conflict in Côte d’Ivoire. These preconceptions, which have been promoted by the militants and supporters of the two leaders, have now contaminated the security forces and a Christian soldier or agent in uniform is now automatically wary of any Muslim soldier, gendarme, or policeman and vice versa. Very often, people are categorised solely on the basis of their name. All in all, public opinion appears particularly polarised, lacking any dependable basis or ethical references. It has been intoxicated, rather than fashioned or informed. It has been manipulated and divided by a political class that is power hungry and cares little about the danger to which it subjects national cohesion. Certainly, before the events of 19 September 2002 and increasingly after the Marcoussis accords,4 which were supposed to bring an end to the war, activities have been carried out within the defence and security forces to raise awareness and educate them about human rights. However, the acts of violence perpetrated against people and their property remain unpunished or are even denied outright and civil society appears not to appreciate the role it can play to exert pressure and bring about security sector reform. Is this due to corruption, a lack of interest or resources, or have they simply given up? Maybe it is all this at once! 86 Raphaël Ouattara Challenges of security sector governance The military/civilian crisis that started on 19 September 2002 no doubt constitutes the key element of the security situation in Côte d’Ivoire today. How to bring an end to the military/civilian crisis? DDR remains the stumbling block of the whole reconciliation process. Past agreements have not produced any results since the Forces Nouvelles constantly asked for solid guarantees before their implementation. Implementation of the most recent agreement appeared to have been slowed down following the massacres perpetrated in the western part of the country in 2006 and the continued presence of armed, pro-government militia in the region. But while the DDR process remained at an impasse, the political agreement signed in Ouagadougou on 4 March 2007 between the central government and the former rebellion gave rise to hope for a return of peace. The national disarmament, demobilisation and reintegration programme which is now to be carried out by the Integrated Command Centre (CCI), under the responsibility of the chiefs of staff of the FANCI and the armed forces of the Forces Nouvelles has made good progress, for example in identifying and equipping the sites before regrouping former combatants. While regrouping operations have effectively begun, nevertheless there is still a lot left to be done. On Tuesday, 8 July 2008, the Integrated Command Centre held a meeting at its headquarters in Yamoussoukro with all of its partners involved in the programme for disarming and dismantling the militias, to identify the zones and examine the major outlines of the operation. This meeting brought together the majority of self-defence groups from the Great West, as well as the military prefects of the western region, the national civil service programme, the national community reintegration and rehabilitation programme, the support unit from the Prime Minister's office and representatives of the United Nations Office in Côte d’Ivoire, the Force Licorne and the United Nations Police. The ‘Compagnie Scorpions guetteurs’ militia based in the political and administrative capital, Yamoussoukro, which is close to the Front populaire ivoirien (FPI), the governing party, openly displayed its opposition to the process. Major Bamba Die, the head of the group, declared to the press with pictures to support his claim that he and his men had fought alongside the loyalist forces in Bouake, M’bahiakro and Logouale.5 For Major Die, disarmament and dismantlement of the militia (DDM) in his zone of influence could only take Côte d’Ivoire 87 place if general Mangou and the authorities of the FPI fulfilled their commitments made to him. Because, as he stated forcefully: Côte d’Ivoire was not liberated by the FANCI: it was us, the militia, who took up arms to liberate this country. Operation ‘Dignity’6 depended on us. Mangou and the authorities of the FPI made us promises. This gives an idea of how difficult the task is, because how can these promises be fulfilled – if such promises were made – to militia members whose role and numbers are not known precisely? Nevertheless, since January 2008, all the security forces have effectively been grouped together. However, when it comes to disarming the ex-belligerents of the FN, it has been very difficult to group them together; this exercise only started on 2 May 2008. Various parties have expressed their opposition to both the DDR and the DDM processes, demonstrating the fears of the ex-belligerents that they will lose the privileges that they had been accorded and have been clinging on to for the past six years. For them, disarmament sounds the death knell for their life as ‘kinglets’. Since the start of the war, they have been illegally collecting money in the form of parallel taxes levied, as well as through the plundering of the mining and agricultural resources in their zones of competence. Needless to say, the militias are in no hurry to be dismantled either. If viable reforms are to be implemented, there is a need to address this reluctance to disarm, which is hampering the process and complicating the situation and work on overcoming the opposition to DDR and DDM, Those involved in the Ivorian crisis, including the international community and in particular the African Union and especially ECOWAS, do not yet fully understand the nature of the obstacles to be overcome. The challenges to security sector governance, as well as their solutions do indeed have an obvious regional and sub-regional dimension, as is shown by the efforts deployed by these organisations and their authorities to arrive at an agreement and bring an end to the crisis. Setting aside its economic importance (Côte d’Ivoire represents 40% of trade within the CFA zone), its proximity to other areas of tension such as Sierra Leone, Liberia and Guinea also makes it one of the key countries for security in West Africa. In Sierra Leone and Liberia, bloody civil wars have only recently ended and Guinea has been experiencing strong turbulence, in the aftermath of the coup that followed the death of president Conte. Indeed, many combatants, who either participated in confrontations among armed militias or in the massacres of 88 Raphaël Ouattara civilian populations in the west of Côte d’Ivoire came from Liberia, Sierra Leone and even Guinea, all neighbouring countries that are engaged to varying degrees in DDR programmes or are restructuring their security apparatus. Thousands of demobilised ex-combatants who now find themselves at a loose end and, due to a lack of alternatives, are often ready to respond to any call to take up arms again, represent a permanent threat to regional security, requiring a holistic approach to the various DDR programmes within the sub-region. The sub-region has also been the theatre of large population movements after each outbreak of violence, and thousands of people were displaced at the outset of the conflict. This is why it is important to include the sub-regional dimension in any attempt to overhaul the security system in Côte d’Ivoire, if there is any hope of finding well-designed solutions (in particular DDR in all its components) that are applied to this end. This requires sustained cooperation with all its neighbours not only on DDR, but on all aspects of prevention and intervention in the security sector. The dilemma of France Côte d’Ivoire has signed defence agreements with France, the former colonial power. During the events of 19 September 2002, the head of state seemingly requested the intervention of the French forces stationed at Port Bouët, a neighbourhood of Abidjan located close to the airport. The French authorities apparently refused to intervene, claiming that the agreements only applied in the case of an external attack. The authorities in Abidjan felt that it was indeed an external attack and pointed their finger at neighbouring Burkina Faso. This was the first difference of opinion that served to further darken the horizon in the relations between Abidjan and Paris, which had been rather cool ever since the inception of the Second Republic. In spite of efforts by the two capitals to normalise their relations, trust is far from having been restored. The conference in Linas-Marcoussis was the first opportunity for the Ivorian head of state to visit France after he was sworn in, but he has no fond memories of this visit because the agreements signed by the principal political parties in Côte d’Ivoire stripped him of most of his constitutional prerogatives. Immediately upon his return, President Gbagbo quickly denounced the agreements, which his supporters had termed a ‘constitutional coup d’état’. This unfortunate divergence between Paris and Abidjan in the assessment of the military/political crisis must be understood as part of a broader picture because today the security and defence forces, or at least Côte d’Ivoire 89 what remains of them, have become an instrument of political power. One might be tempted to write that they defend regime security and not that of the republic. On the other hand, the regime is a hostage to these forces, which are now aware of the role that they play in maintaining it in power. This has resulted in a vicious circle which is reassuring for no one, in particular the neighbouring countries, many of whose citizens live in Côte d'Ivoire. The latter are accused of all ills and are often the prime target of uncontrolled elements of the security and defence forces. How long will these countries continue to tolerate such abuse, especially if they can take advantage of the disorder within the security forces? Fortunately today, in the name of national reconciliation and peace, such acts are becoming less frequent. The decision has also been taken to merge the New Forces with the security forces, thus placing individuals who had taken up arms against each other under a single command structure (the integrated command centre). With the dismantling of the 43rd Battalion d’Infanterie Marine (with troops being integrated into Operation Licorne) and challenges faced by the United Nations blue helmets, it is not yet clear how difficult this mix will be. However, when the DDR/DDM process nears completion, restructuring of the security forces may become a priority challenge for Côte d'Ivoire. Recommendations Security and defence forces have an undeniable place in a democracy. The role of each of these agents must be clearly defined in order to avoid them becoming an obstacle to this same democracy. And when security forces turn away from their traditional framework for intervention (as has been the case in Côte d'Ivoire) there is a need to take a certain number of measures to safeguard the integrity of democracy. The security forces must achieve self-reconciliation Security forces are commonly described as a ‘corps’. This term translates the idea that the army is – or should be – a unit, just like a body whose constituent elements must strive to meet the same objective, in coordination and perfect synergy. It is therefore vital that all these components be mobilised together to meet the same objective. If they do not have the same understanding of the objective, not only will they not meet it, but the situation will lead to internal tensions that cannot be compatible with the 90 Raphaël Ouattara idea of a ‘corps’. In the case of Côte d'Ivoire the following needs to be done: Include the missions of the security forces within the framework of the republic and redefine these missions; the forces must be in the service of the state and the population and not in the service of the regime; Protect the security sector institutionally against any attempts at intimidation or manipulation by political forces; Undertake enlightened and professional awareness-raising in the security forces; Redefine career profiles and plans according to objective criteria and in line with existing standards in the military profession. Consequently, all new recruits who joined the military between 2000 and 2004 would have to be evaluated under the supervision of the United Nations Mission in Côte d'Ivoire and only those who comply with criteria of eligibility for the military profession should be retained. The state must then find a solution for the reintegration of the remaining ex-combatants; Identify mechanisms to discourage any temptation towards political partisanship. For example, an allowance in the form of an additional pension to all agents of the security forces who are considered ‘politically upright’; Set up a mechanism for monitoring ethics and equity within the security forces. These measures could enable the security forces to achieve a measure of self reconciliation, which is a prerequisite for their cohesion, albeit insufficient in and of itself. The security forces must inspire trust Another no less important challenge is to reconcile the security forces with the civilian population that they are supposed to protect. The acts of violence and other forms of abuse committed during the military transition, in addition to the physical, moral and psychological injuries, have left lasting scars. It is essential to re-establish trust between these two entities. In order to do this: The issue of security must not be dealt with as though it plays an important role solely during elections; it is a question that needs Côte d’Ivoire 91 further reflexion and long-term commitment; The temptation to establish a security system based on ethnic affiliation or allegiance to a regime must be abandoned; this must be understood clearly by all communities; Participative events must be organised periodically to debate issues of common interest in the security field. Depending on the topic, the moderator could be either a personality from civilian society or from the military; The principle that the military is not above the law must be clearly reestablished by enhancing civic instruction, providing training on human rights and reinforcing the role of the judiciary. Conclusion There is a clear need to redefine the roles and responsibilities of each of the components of the defence and security apparatus within a democratic system. The security sector will also need to assimilate the rights and duties of the citizens that they are to protect and occasionally supervise and should have the resources to build a professional and republican army. The criteria for recruitment, career profiles, as well as discipline in military and civic training should be drafted formally. The greatest challenge however lies in maintaining the military apart from political turbulence and intrigues. There will no doubt be a need to go beyond simply indicating formally in the constitution that exercise of a military career is incompatible with holding any political office. Impunity must be banished and military tribunals must play their role fully and set the example by sanctioning any acts that run counter to the duties and ethics of the military. Nevertheless, to be able to implement the reforms suggested above, hostilities must come to an end. The guns have now fallen silent. The principal stakeholders have demonstrated a firm determination to hold elections as quickly as possible, as this is the best means of resolving the crisis. One wonders, however, whether there is a real understanding of the challenge implied in restructuring the defence and security forces according to a timetable that is related more to electoral considerations than to the nature of the problem. If the sub-regional, regional and international aspects of the issue are neglected or not integrated, it will unfortunately not be possible to definitively remove the risks of a resurgence of violence, which could compromise the success of all the reforms undertaken within the Raphaël Ouattara 92 framework of the various programmes. We must make no mistake: security cannot be guaranteed in any country as long as its neighbours are torn apart by conflict. Any security or stabilisation strategy necessarily depends on the efforts and progress accomplished by the immediate neighbours. The history of the birth of our nations invites us to move in this direction and geography compels us to do so. The only viable security policy is one that is based on a comprehensive understanding of the nebulous concept of sovereignty and whose acts and messages are rooted in the people and not those who hold power. Epilogue Terrible events have taken place in Côte d’Ivoire while this publication has been finalised. Laurent Gbagbo’s refusal to accept defeat in the 2010 presidential elections plunged the country into an unprecedented crisis as the two belligerent sides of 2002 resumed their conflict. His regime decided to follow to the letter the saying ‘those who want peace must prepare for war.’ This was made evident by the discovery of a formidable arsenal, despite overt calls for ‘disarmament’ and a negotiated return to peace, following the arrest of Mr Gbagbo. Yet the forces loyal to the declining regime had neither the training nor the motivation to use these weapons. For this reason, the atrocities and the war crimes committed particularly in the West of the country can be attributed mostly to pro-Gbagbo mercenaries, militias and hardliners within the army.7 Since the start of the post-electoral crisis, parts of the armed and security forces (the majority according to sources close to President Ouattara) have changed camp. On 17 March 2011, President Ouattara issued an order to create the Republican Armed Forces of Cote d’Ivoire (FRCI): “…In accordance with the Treaty of Ouaguadougou, I have issued an order to create the Republican Armed Forces of Cote d’Ivoire in order to put an end to the chaos in the country. This new army is composed of the National Armed Forces and the armed wing of the New Forces, under the leadership of a general staff directed by a Chief of General Staff supported by a Deputy Chief of General Staff…”8 However, it must be noted that the FRCI also abused its power and participated in bloody reprisals in the West of the country, according to the Amnesty International Report cited above. The FRCI reached Abidjan Côte d’Ivoire 93 without meeting great resistance, but its capture proved to be much more difficult than anticipated. Both sides perpetrated acts of violence in the capital and eventually clashed when the FRCI attempted to capture the Radio Télévision Ivoirienne, presidential palace and residence. Poorly equipped, inexperienced, and simply incapable of capturing these ‘fortresses’, the FRCI prevailed thanks to the implementation of UN Resolution 1975 (2011) that called on the UNOCI and the French forces of Operation Licorne to ‘prevent the use of heavy weapons against the civilian population,’ a tactic employed by the pro-Gbagbo forces. The UN intervention silenced the guns. President Ouattara won the war, but it remains to be seen whether he wins the peace. The challenge of controlling the armed forces has been further complicated by the intervention of international forces. The address to the nation announcing the creation of the FRCI suggests that the new authorities appreciate the extent of the challenge: “The primary mission of the new army is to ensure the security of the people and property without distinction, as I outlined in my address to the nation on Tuesday 15 March 2011. The army will also be responsible for the defense of the national territory. In all its actions, the new army will follow a code of conduct designed to put the army at the service of all citizens. This will allow the army to contribute effectively to the building of a modern, unified and democratic Ivorian nation. The new army must also be a powerful instrument of national unity and serve as a practical school for civic duty, tolerance, transparency, good citizenship and national integration. The new army will be competent and professional, always prioritizing its mission and the respect for citizens over private interests. Our army must also be a tool in support of development, serving the people, which means serving the Republic…” This statement expresses the essence of the security sector reform challenge in Côte d’Ivoire. However, it is up to the new authorities to adopt concrete decisions and take real steps towards SSR. Neither speeches nor mere goodwill suffice. President Ouattara must avoid the trap into which his predecessor fell and avoid becoming the hostage of those who helped him into the presidential palace. Appointments to the High Command present the Raphaël Ouattara 94 first test. Will he keep the Generals who waited until the last moment to join him? How is he going to manage the inevitable frustrations that follow the promotion of some and the demise of others? And how to collect all the weapons used during the conflict, some of which are still being kept by militias or pro-Gbagbo elements? Given the nature of the post-electoral crisis, the unification of the two armies, which should normally be the goal of DDR, represents its beginning. Indeed, Côte d’Ivoire seems to walk the path of DDR backwards. This is an unprecedented situation that cannot be managed according to existing frameworks. And more than ever, the international community has a critical role to play. Notes 1 2 3 4 5 6 7 8 According to Military Balance 2009, the total number of active men was 17,050 (army 6,500, navy 900, air force 700, presidential guard 1,350, gendarmerie 7,600, militia 1,500). National Democratic Institute, Côte d’Ivoire: National Reconciliation and the State of Democracy. An Assessment Mission Report (July 2-13, 2001), 19. After Gbagbo’s election, a mass grave was discovered near Yopougon on 26 October 2000. In his declaration, Kofi Annan, the UN Secretary General, stated that he was deeply distressed by this discovery (New York, United Nations, 30 October 2000, AFP). The agreements, negotiated in Linas-Marcoussis under the auspices of France, formally put an end to the conflict and set up a ‘government of national reconciliation’. These towns were the theatres of operation during the 2002 military crisis. This name given by loyalist forces to the military operation seeking to liberate the ‘occupied zones’. Amnesty International, ‘Ils ont regardé sa carte d’identité et l’ont abattu : Retour sur six mois de violences post-électorales en Cote d’Ivoire’. AI Index : AFR 31/002/2011 (London: Amnesty International, 2011). Available at : http://www.amnesty.org See Alassane Dramane Ouattara, ‘Message du Président de la République aux Forces Républicaines de Cote d’Ivoire’, Abidjan, 17 March 2011. Available at: http://www.primaturecotedivoire.net/site/suite.php?newsid=117.