MANIFESTO FOR THE RESPECT OF INTERNATIONAL LAW IN COTE D’IVOIRE

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MANIFESTO FOR THE RESPECT OF INTERNATIONAL LAW, THE RESPECT OF THE SOVEREIGNTY OF COTE D’IVOIRE, OF THE IVORIAN CONSTITUTION AND INSTITUTIONS AND FOR A PEACEFUL, HONORABLE AND EQUITABLE RESOLUTION OF THE CRISIS

We, “non-aligned” and “non alienated” intellectuals of African descent, or “true friends” of Africa, the mother of humanity and civilizations, call on the international community, and especially on the governments of France and of the United States, on the Security Council of the United Nations, the European Union, the African Union, ECOWAS (Economic Community of West African States), and WAM (West African Monetary Union) regarding the current post-electoral crisis in Cote d’Ivoire. In the name of intellectual honesty, justice, democracy, peace and the dignity of Africa and the Africans, of whom we choose to be the mouthpieces, and against any geopolitical or financial calculations and anthropological prejudice, we declare that :

1) There is no legally defensible basis for the positions taken and for the threats of sanctions brandished against the government of Cote d’Ivoire by the self-proclaimed “international community” since the beginning of the crisis in Cote d’Ivoire ; and we challenge the “international community” to produce a single legal justification that is not an offence at international law or at the dignity of Africa. We submit that no legal text gives the “international community” the right to substitute itself to the Ivorian Constitutional Council, to hold “provisional results” announced by the “Independent Electoral Commission” of the Ivory Coast as “definitive results”, and to proclaim one of the candidates as “president-elect” or “legitimate president” on the basis of these “provisional results,” and to confer him legal rights and powers on the international political scene. We affirm that in accordance with the law of the land, only the Constitution and the Constitutional Council are entitled to grant such prerogatives.

 

2) We consider that this “breach of the law” and this “abuse of power” by the “International community” in the name of the arbitrary and the “right of the strongest” open up the possibility for greater digressions likely to foster “international injustice” and “international disorder,” thus imperilling the equilibrium and the future of peace among nations, creating dangerous precedents to the dictatorial and imperialist actions of future “hyper powers” strong enough to victimize today’s superpowers, too. It is the main reason of our present “fight of reason against reason of the most powerful”.

 

3) Given the skewed and partisan composition of the so-called Independent Commission against the incumbent government (the 20-members Commission was composed of 6 representatives of the rebellion and 12 representatives of the political coalition again the incumbent government against only 2 representatives of the incumbent government and 11 representatives of various administrative bodies), the “seal of infallibility” granted by the “international community” to this commission that, in violation of the established rules, has unconstitutionally proclaimed “provisional results” at the campaign headquarter of one of the candidates, rings suspect and testifies to the selective critical mind that the international community seeks to apply to the Constitution of Cote d’Ivoire.

 

4) Given the grave accusations of participation in massive frauds levelled against The UNO by its deputy representative in Afghanistan, Mr. Peter Galbraith, in October 2009, following the second round of the August 20, 2009 Afghan presidential election, given the UNO’s refusal to disarm and contain the rebels in Cote d’Ivoire as stipulated by the 2007 Ouagadougou Agreement, and given the UNO’s unusual support and protection of one of the actors of the presidential election even before the proclamation of the provisional results by the Independent Electoral Commission, we contend that the “certification” of the provisional results by the UNO cannot be trusted in Cote d’Ivoire any more than it could be trusted in Afghanistan.

 

5) Given this “perjury” by the United Nations regarding the disarmament and containment of the Ivorian rebels, given the “insult to democracy” by the UNO in labelling an election conducted under the threat of UNO-supported rebels on 63% of the Ivorian territory as “free and transparent,” we argue that the UNO bears the greatest responsibility in the Ivorian crisis today and that it is indecent on the UNO’s part to continue to throw oil on the fire by taking side without any legal basis. Furthermore, with UNO did not pressed the Afghan authorities, as the Ivorian authorities, to extend the organization of the last Afghan presidential organization in the most part of the Afghan territory under control and threat of “Taliban” armed rebels ? If by absurdum, UNO did it as in Ivory Coast, what would the international opinion think of UNO if UNO had afterward insisted from Afghan Constitutional Council and from the other legal Afghan authorities on accepting the results which are suspected of “massive frauds” and which come from these electoral areas under control and threat of armed rebels, after having insisted from its special representative in Afghanistan on the “certification” of these “fraudulent” results ?

 

6) Respect for the American Constitution has prevented Candidate Al Gore or any external nation rooting for him to call into question the decision of the American Supreme Court when, after looking into accusations of frauds, it decided that Candidate Bush was the winner of the 2000 elections. Likewise, respect for the Ivorian Constitution should guard anyone, even Mr. Ouattara, his national and international coalition, and any nation and international institution, no matter how powerful they may be, to question the final verdict rendered by the Ivorian Constitution on December 3, 2010.

 

7) In resolving political crises in Africa (Madagascar, Niger, Guinea, etc.) the African Union had always waved the inviolability of the national constitution. President Gbagbo has always functioned on the basis of his country’s constitution, in accordance with the recommendations in favour of democracy in Africa formulated by President Obama at Accra on july 11, 2009 : “Africa doesn’t need strongmen, it need strong institutions”. The sudden and brutal change of the rules of the game by the African Union and the ECOWAS can only be explained by the pressures and manipulations exercised on these two institutions by nations and institutions outside of Africa ; which honours neither the African institutions nor the African nations, as many African leaders are now playing the sad roles of “executioners of their own black brother” by order of “white and yellow planners”.

 

8) To all these African leaders who today are clamouring for war against their Ivorian brothers we dare ask this : where were you when, by the Security Council’s own mandated report, the barbarous repressions against Togolese protesting massive electoral frauds in April 2005 caused at least 500 killed, more dead than during the Soweto massacres of June 16 1976—a number that the former Togolese interior minister estimates at around 3000 ? Were you outraged at the cost of the Togolese hereditary power that installed itself in a bath of blood ? Have you expressed any outrage at the thousands of people killed by the Ivorian rebellion that has now become the foster child of the “international community” ?

9) To all the leaders of the “international community” who are now so eager to throw oil on the fire of the Ivorian crisis, we want to assert, in the name of reason, right, justice, peace, and “fight of reason again reason of the most powerful”, that to this day, all their initiatives in the Ivorian crisis have been contrary to the sacred principles of international law, and, above all, contrary to the respect of the sovereignty of Cote d’Ivoire and of the authority of its constitution and institutions. In particular, to the ancient colonization power of Ivory Coast, let us remind the “duty of reserve and non-interference” of which its own President enounced the “sacred principle” in his press conference in Paris on January 24, 2011, at the occasion of the beginning of the French presidency of G8 and G20 by claming : “ it is not possible to speak about a country with the same freedom when, 50, 60 70 years ago, or less, this country felt the French colonization as a suffering… I demand some reserve. I don’t want France to be considered as a country with colonial reflexes… The more we want to ingest, the less we will be influent… The colonial power is always unfounded to pronounce a judgment in the domestic affairs of an ancient colony”. By this public claim, the French President brilliantly proves that France, the United States and all the countries self-proclaimed the “International Community” “are unfounded” while according, as the French Presided reiterated it in the same press conference, the “blind and autistic” support of the “International Community” to “the only lawful government of Ivory Coast, the one of Alassane Ouattara”, the “dogma of legitimacy” of whom, for the Ivorians who are threatened with the arms of the “Ivorian Taliban” rebels for height years, is more than suspicious and rather sounds as a “blasphemy of democracy”.

 

10) Politics is art of negotiation and of mutual agreement, not art of war and violent confrontation. To govern a nation needs, not a sufficient international consensus, but a sufficient national consensus. It is why we are claming to the face of the world, in particular of “the most powerful of this world”, of the main protagonists of this crisis, of all Ivorians, and to all Africans, that by love of Ivory coast and of its sovereignty, a solution to the present post-electoral crisis in Ivory Coast cannot be military, but should be political , and that it suppose a “direct negotiation” between the two main protagonists, in order the agree on such a solution, to be afterward supported by African Union and UNO’s Security Council. We also are claiming that, the post-electoral crisis in Cote d’Ivoire stems mainly from the UN’s non-respect of the clause of the 2007 Ouagadougou Agreement enjoining the UN to disarm and contain the rebel forces no later than two months before the start of the presidential election. So, we also are suggesting that this solution could include the demand for the Security Council to uphold its own commitment, more precisely to disarm and dissolve the Ivorian “illegal armed forces”, in order to quickly create the possibility for an “early presidential election” that will be “veritably free and transparent”, without cheating neither upstream nor downstream of the electoral process, but not an “insult to democracy” as was the last controversial election. According to suspicions of impartiality under which is the UNO’s forces in Ivory Coast, these operations to disarm and dissolve could be done under the control of African military expert mandated by the African Union and coming from African country non suspected with compromising with UNO’s Security Council or foreign powers with respect of Africa which are non respectful with Ivorian sovereignty. This “early presidential election”, would not be a “third round” of the last one, but a new and “exceptional” electoral process which President Laurent Gbagbo could freely decide to order, in consideration of peace, consensus and prosperity in the whole Ivory Coast, according to the powers conferred to him by Ivorian People, Constitution and Constitutional Court. Such a peaceful solution to this crisis, which respects the sovereignty of Cote d’Ivoire and the Ivorian constitution and institutions as well as the dignity of Africa lies in the hands of President Laurent Gbagbo and Prime Minister Alassane Ouattara. So are our caustic criticisms of “fighters of justice against injustice, of right against of arbitrary, of reason again reason of the strongest”, and our concrete proposals of “Peace makers”.

 

FIRST SIGNATORIES

1) Professor Molefi ASANTE, USA

2) Professor Ama Mazama, USA

3) Professor Martial Frindhetie, USA-IVORY COAST

4) Professeur Fanbo GNIVIH, FRANCE-TOGO

5) Professeur Koffi ABALO, COTE D’IVOIRE-TOGO

6) Docteur Nda Nguessan KOUADIO, TOGO-COTE D’IVOIRE

7) Docteur Guy ALOVOR, FRANCE-TOGO

8) Docteur Abdou MOUSSA, FRANCE-CENTRAFRIQUE

9) Jean-Paul FOUGAIN, Ingénieur, FRANCE-CAMEROUN

10) Honorine GANHOULE, Auditrice, FRANCE-COTE D’IVOIRE

11) Ngassa H. Lewe, Ingénieur, FRANCE-CAMEROUN

12) Kamdem Djouguela Ingénieur FRANCE-CAMEROUN

13)Touodop Valery, Ingénieur FRANCE-CAMEROUN

14) Professeur Charly Gabriel Mbock, CAMEROUN

15) Me Momo Jean De Dieu, Avocat CAMEROUN

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  1. Cote d’Ivoire: Manifesto for the respect of international law · Global Voices - 09/02/2011

    […] A manifesto for the respect of international law in Cote d’Ivoire: “In the name of intellectual honesty, justice, democracy, peace and the dignity of Africa and the Africans, of whom we choose to be the mouthpieces, and against any geopolitical or financial calculations and anthropological prejudice, we declare that…” Tweet […]

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    […] This post was mentioned on Twitter by mwaga33, ivoire vox. ivoire vox said: MANIFESTO FOR THE RESPECT OF INTERNATIONAL LAW, THE RESPECT OF THE SOVEREIGNTY OF COTE D’IVOIRE, OF THE IVORIAN … http://bit.ly/gW2s5G […]

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