IVORY COAST ELECTORAL CONFLICT ISSUES: Who has a valid claim for presidency, Gbagbo or Ouattara?

Was the declaration of the Constitutional Council in favour of Gbagbo valid? Can the International community reject the result and declaration of the highest electoral tribunal of the land? Can international human rights law override the principle of state sovereignty? FACTS: On November 28, 2010, the Presidential run-off intended to reunify the rebelheld north and government-controlled south of Ivory Coast in west Africa posted electoral dispute when the Independent Electoral Commission announced that the opposition leader Allasane Ouattara, won the Presidential race by 54.1 per cent as against the incumbent President Laurent Gbagbo, alleged to have received only 45.9 per cent of the total votes. Gbagbo went to the Constitutional Council, the highest court of the land to annul the declaration of the electoral commission on the ground of election malpractice. The Constitutional Council reversed the result of the electoral commission and declared that Gbagbo had won by 51 per cent of the total votes, disregarding the results from the 7 regions in the north. Outtara, the declared President of the electoral commission and recognized President-elect of the United Nations (UN), Economic Community of West African States (ECOWAS), European Union (EU),African Union (AU), France and the United States, demanded transition of power but Gbagbo refused to concede defeat claiming the Constitutional Council s conclusive declaration in his favour. The political conflict has triggered many military and civilian confrontations which led to death, assault and other human rights violations, destruction of property and critical economic crisis. The ECOWAS and AU have suspended Ivory Coast. The US and EU have imposed sanction to Gbagbo and his family. The World Bank and West African regional central bank have cut financing to Ivory Coast in an attempt to weaken Gbagbo s grip. Gbagbo took the oath to serve a new term, but within hours Ouattara also laid claim to the presidency. ANALYSIS: Gbagbo / Ouattara Claim Article 94 of the Ivory Coast 2000 Constitution provides that: The Constitutional Council controls the regularity of the operations of the referendum and proclaims the results. The Council decides on: the eligibility of the candidates to the presidential and legislative elections; the disputes concerning the election of the President of the Republic and of the Deputies. The Constitutional Council proclaims the definitive results of the presidential elections. Most civilized nations in the world establish domestic laws on election to serve as guidelines in the internal election process. An electoral body performs functions, like the determination of qualifications of candidates to the proclamation of winner and in certain cases the conclusion of all disputes filed before it. In most democratic nations,

not just one but several government organs are charged with these functions to allow checks and balance to protect the supremacy of the sovereign people in the selection of national leader. In Ivory Coast, an Independent Electoral Commission has the authority to determine and announce a winner, and another body is charged with the proclamation of winner and adjudication of all presidential election disputes. Article 94 provides that The Constitutional Council controls the regularity of the operations of the referendum and proclaims the results. The Council decides on the disputes concerning the election of the President of the Republic and of the Deputies . Here, when the independent electoral body declared Ouattara as the winner, Gbagbo, claiming election malpractice, challenged the electoral body s declaration and brought his case before the Constitutional Council vested with the authority to decide on claims concerning presidential election contests. It follows that the announcement of winner by the electoral body is inconclusive. The Council is yet to adjudicate on the case brought before it and whose decision will be final and binding. Since Gbagbo was the declared winner by the Council vested with the power to pronounce definitive result, he therefore has a valid claim for presidency. Consequently, Ouattara s similar claim is not legally supported in so far as the Ivorian organic law is concerned. On the other hand, the question of whether the Constitutional Council was established by Gbagbo after the November 28, 2010 election to favour his claim or whether the Council was organized to serve as impartial arbiter of any election dispute will give light as to the incontestability of the Constitutional Councils assertion. Hence, was the reversal of the Council legally valid? or was it engineered to warrant another term for Gbagbo? International Community s Stand It is fundamental that presidential election is an internal process of a sovereign state, guided by well-entrenched and internationally accepted domestic election rules. In this case, Gbagbo was the proclaimed winner by the highest court which is the sole judge of all presidential disputes, but why do the UN, AU, US, EU, France and ECOWAS recognize and support the claim for presidency by the oppositionist Ouattara, and whose victory was reversed by no less than the highest court of Ivory Coast? What is the legal basis of the international community in undermining the basic precepts of the sovereign nation s internal laws on election? The stand-off is the latest crisis since the 2002 civil war. The economic and political turmoil of the land has violently claimed thousands of lives, destroyed millions worth of properties, triggered humanitarian violations and has put the once largest producer of cocoa and coffee in the world to a constant economic decline for over a decade. The UN peacekeeping mission has been in constant deployment since the outbreak of civil war to avoid renewed hostilities between the rebel-held north and government-controlled south of Ivory Coast, which if triggered, according to analysts may cause far-fetched consequence especially to the neighbouring nations like Liberia. The Universal Declaration of Human Rights is the ultimate basis of all efforts by the International Community and neighbouring States to put an end to the nation s internal conflict. Interest for protection and preservation of humanity is the clear factor that drives the international community to take a stand on this conflict. But what is the limitation on the intervention of international community concerning human rights issue?

CONCLUSION As far as organic law is concerned, Laurent Gbagbo is the lawful President of Ivory Coast. For the International Community to forcibly enthrone a person having no valid claim under the constitution in the guise of humanitarian concerns is a stance which cannot be maintained without showing disrespect to the long-standing principle of State sovereignty. RECOMMENDATION It is basic that election is done in accordance with the domestic laws of a sovereign State like Ivory Coast. The Constitutional Council is a government organ created to resolve all presidential election disputes and whose decision is final and binding. The council s conclusion of disputes demands respect from its national and international audience as a consequence of the principle of State sovereignty. Instead of taking a side in this political war which could lead to another period of atrocity, the International Community should rather address the conflict from its core issue. The opposing belief as to Who is the rightful President? , is the reason of all these hostilities, so why don t the UN, France, US, EU, AU and ECOWAS pursue an in-depth inquiry regarding this matter?, instead of supporting a military intervention which is way far from the basic tenet of resolving political and civil conflicts by the international community.

Faith F. Plaza - faith_012682@yahoo.com PIL-LO1 Dean JP Villasor