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POLITICS-COTE D'IVOIRE: Anti-Xenophobia Law Gets Lukewarm Reception

Fulgence Zamblé

ABIDJAN, Aug 21 2008 (IPS) - Human rights organisations are wary of a new law against xenophobia, racism and tribalism adopted by the Ivorian parliament. Certain organisations fear it will lead to infringements on freedom of speech.

Adopted unanimously by members of Ivorian parliament, the law will carry sentences of five to ten years, and fines ranging from 500,000 to 5 million CFA francs ($1,200 to $12,000) for those found guilty of xenophobia, racism or tribalism.

Sentences are doubled if the crime was committed in media (radio, television or print), any print medium or using any form of information technology. Sentences will also be doubled for acts committed during a demonstration or political rally.

The law's preamble states that "for a number of reasons, individuals make claims or commit acts that weaken national unity and cohesion due to their racist, tribal, ethnic or xenophobic character."

"By enacting these measures, the State will heal open wounds between Ivory Coast communities, and create an environment that fosters social harmony" declared Martin Bohui, a member of parliament.

Mixed reaction

Hervé Gouamené is the president of Action pour la protection des droits de l'Homme (APDH) a non-governmental organization based in Ivory Coast's capital Abidjan that works to defend human rights.

"We're not opposed to a law against xenophobia," Gouamené told IPS. "However we're afraid of possible excesses and unintended consequences.

"What kinds of actions would be covered? At what point would they be considered criminal?" Gouamené asks. "We should proceed carefully, because such a law could become a barrier to freedom of expression."

Mathurin Kobenan, a legal expert based in Abidjan, disagrees. "There's is no cause for debate here," he says. "Over the last decade Ivory Coast has gained a reputation for being xenophobic. Adopting such a law counts as both a partial acknowledgment of this fact and a solution to the problem."

"Applied properly, it will address the problem at its root by making it impossible for Ivorians to think of immigrants' racial, ethnic or religious differences in negative terms. As with the elimination of the residency card last November, the goal is to restore a sense of justice for those who have been mistreated," added Kobenan.

However these arguments leave the Ligue ivoirienne des droits de l'Homme (LIDHO – the Ivorien Human Rights League) unconvinced. "What disturbs us about this law is that we haven't completed the studies," said Patrick N'Gouan, LIDHO's president. "There are some gaps, where the law fails to take into account current circumstances, especially with regards to political parties and tribal issues."

"Politicians rely on tribalism for political mobilisation. When ethnic groups honor the head of state, they do so according to tribal customs. We in civil society are waiting to see how this law will be applied," he said.

N'Gouan singled out a number of political rallies where hateful and disparaging remarks were made towards other ethnic groups, causing relationships between communities to become strained.

Amadou Kéïta, a member of Abidjan's Malian community, said, "What's most important is a peaceful living environment that allows us to contribute to the development of our host country and, as a consequence, that of our mother country also. One must always respect the law and by the same token we'll fulfill our duties."

Emile Kima, member of the Ivory Coast Burkinabé Association told IPS: "Its a step towards better relations between Ivory Coast and neighboring countries. Since the Ouagadougou Accord was signed (in Burkina Faso, March 2007), we've been working tirelessly for peace. This law and the abolition of residency cards are signs that things are back to normal."

For six years, an armed rebellion in the north has split Ivory Coast in two. On September 19, 2002, ex-soldiers took up arms to bring an end to the exclusion of northern populations. However since the Ouagadougou Accord, process to resolve the crisis has been underway in this West African nation.

Xenophobia emerged in Ivory Coast in the mid-1990s with the birth of the concept of "Ivorian-ness". It has since targeted several immigrant communities, particularly the two largest (Burkinabe and Malian) and has been one of the causes of conflict, according to many analysts.

During August 7 celebrations marking the 48th anniversary of Ivorian independence, President Laurent Gbagbo called on his countrymen to strengthen cooperation with neighboring countries, especially Burkina Faso with whom Ivory Coast "shares a common destiny."

"We must strengthen ties of friendship, brotherhood and cooperation between Ivory Coast and all neighboring countries and extending beyond that to all of West Africa, the continent and our friends throughout the world," Gbagbo said in a message to the nation.

The declaration came close on the heels of an official visit to Burkina Faso in late July and then the adoption of the law against xenophobia.

"Its yet another successful political move for President Gbagbo," Aboudramane Bamba, an Abidjan-based analyst told IPS. "Eliminating the residency cards and adopting a law against xenophobia will guarantee him support of neighbouring governments and their expatriate communities within Ivory Coast."

According to Bamba, "Preparations for November elections start early, and President Gbagbo is making sure he has all the right cards up his sleeve."