Implication of Chinese FDI in the Enjoyment of Right to Economic Development in Côte d’Ivoire

Foreign investment is of great importance in the development of a country. Their participation in the economic, social, cultural and political development of a nation is undeniable. It is with this in mind that developing countries have opened their economies to foreign investment. Cote d’Ivoire, a country located in West Africa and a pillar of this zone, did not remain on the sidelines of this action. Initially, France was the economic partner of Cote d’Ivoire, then the United States and Morocco. Since a certain period, the country maintains economic relations with a new partner which is China. Chinese investments in Cote d’Ivoire are becoming more numerous, because the state offers adequate protection measures and a very favorable investment climate. Given the development objectives of the host countries, the foreign investments made in them should be in line with the realization of the right to development. A right by definition implies the right to economic, social, political and cultural development. These are provisions that are increasingly included in BIT. The purpose of this paper is to present the legal framework of the right to economic development in Cote d’Ivoire, then to determine the implication of Chinese investments in the realization of the right to economic development in Cote d’Ivoire. We used a mixed research method that is quantitative and qualitative, because we used the existing literature on the theme we approached, information collected at the embassy of China in Cote d’Ivoire, and also testimonials from some workers. We have arrived at the result to which, the legal framework of the right to economic development in Cote d’Ivoire is to improve on the one hand and the other hand, the Chinese investments in Cote d’Ivoire, even if they suffer from certain irregularities, contribute to the realization of the right to economic development of the country.


Introduction
A Foreign Direct Investment (FDI) is defined by (IMF's, 1993) as an operation whereby an investor based in a country, called a nation of origin, acquires an asset in another state and says host country, intending to manage it over an extended period. FDI brings together two geographic and economic areas, seeking to bring them closer together to create economic benefits for the long term. They concern capital movements involving both managerial rights and partial or total ownership of local firms. The realization of FDI, as summarized by (Bost, 2004) and (Lahimer, 2009), is carried out through two types of operations: operations carried out by internal growth and activities carried out by external growth. The internal growth operations take place within the same firm between the parent company and the subsidiaries abroad. They take several forms: the creation of new local units (Greenfield investments), an extension of the production capacity of an already existing group, local reinvestment of profits, financial flows between the parent company and domestic group. Privatization programs mainly drive external growth operations, and they are subject to the condition of reaching 10% of the capital of the company concerned. They concern the acquisition of minority interests in the capital of local companies (10% and 49%) of the money, the creation of a joint venture (50/50%), the purchase of a majority stake in local companies (more than 50% of the capital), the acquisition of total participation.
The work on FDI is abundant, showing the interest and importance given to this instrument. Thus, theories of international trade, the industrial economy, the information economy and the economics of development have been interested in understanding, defining and explaining FDI. The question of whether foreign direct investment contributes to the realization of the right to the economic development of a country has been much in the news. While for some authors, foreign direct investment does not contribute to the economic development of a country; for others, foreign direct investment remains a significant condition for a state to enjoy the right to economic development. It is in this second wave of thought that the State of Côte d'Ivoire has registered since investment is a crucial element in the economic growth of a country. It is therefore up to each State to regulate and exercise authority over foreign investment within its national jurisdiction by its laws and regulations and conformity with its national objectives and priorities (General Assembly Resolution, 1974 On the one hand is Côte d'Ivoire, the pillar of the West African region, which is seeking to be a developed country by 2020. On the other is China, the giant of the world economy, which in his development and cooperation policies with Africa has an increasingly close relationship with African countries and Côte d'Ivoire is not left out. The cooperation and investment agreements between China and Côte d'Ivoire, covering socio-political, economic and cultural affairs, are numerous and diverse, each with its particularities. The central question of this study is: Are Direct Chinese investments in Côte d'Ivoire made to promote the right to economic development? Sub-question is to determine the mains sectors of Chinese investments in Côte d'Ivoire, the content of the right to economic development in Côte d'Ivoire, if Ivorian labor law makes Chinese activities, is the right to economic development enforceable in Côte d'Ivoire? The answers to these questions will conduct us to make in the first part a conceptual analysis and framework of the right to economic development in Côte d'Ivoire (I). That will be the occasion to define the concept of economic development and put a light on it content then give much more information about the legal and political framework of this right in Côte d'Ivoire. The second part will aim to analyze the impact of Chinese direct investments in the enjoyment of the right to economic development in Côte d'Ivoire (II). This second part we will determine if Chinese direct investments in Côte d'Ivoire conform or not with the country enjoyment of the right de economic development.  (Krueger, 1992;HlaMyint, 1965), economic development is the transformation process of low-income national economies into modern industrialized one. Sometimes standing for economic growth, economic development is generally used to talk about an improvement in a country financial situation involving qualitative as well as quantitative improvements. The theory of economic development how primitive and poor economies can evolve into sophisticated and relatively prosperous ones is of critical importance to underdeveloped countries, and it is usually in this context that the issue of economic development is discussed. For us, the right to economic development can be defined as such human right that a country and its people can participate, contribute and enjoy the increase of living standard and economic growth.

2) Content
The declaration on the right to development does define not only development on the economic growth aspect but also the social, cultural and political perspective. The right to development includes respect for all human rights. The development process should be respectful of all human rights and fundamental freedoms and help the realization of right for all. 5 The violation of that right 2 Article 1 of the Declaration, the Right to Development. constitutes an obstacle to development. 6 The recognition of the right to development cannot justify the violation of human rights (UN General Assembly, 1993). Human rights are indivisible and interdependent. This entail that equal attention should be given to economic, social and cultural rights as to civil and political rights and that human rights should be addressed in an integrated manner, and not through the separate realization of individual rights. The right to development also implies the participation 7 and both States and international community are required to formulate appropriate development policies. The right to development also needs social justice through fair distribution of the benefits for the individuals 8 and equality of opportunity for all in the access to primary resources and services and the eradication of all social injustice. 9 The right to development implies self-determination. The provision on self-determination provision on self-determination has been interpreted by some not just to refer to a reaffirmation of the independence and equality of nations, but to strengthen the rights of persons belonging to minorities and indigenous group to determine their cultures and circumstances. Finally, the right to development implies the creation of favorable conditions for the enjoyment of other civil, political, economic, social and cultural rights.
B-Framework of the right to economic development in Côte d'Ivoire 1) Legal Framework a) The Ivorian Constitution Former French colony, Côte d'Ivoire is independent since 1960. It was like a sovereign state, a constitution. The Republic of Côte d'Ivoire freely and solemnly approves and adapt to the Nation and humanity his Constitution 10 as the fundamental law of the State, and the Preamble is an integral part. The preamble of the Republic of Côte d'Ivoire constitution reaffirms the State willing to respect all human rights. 11 As soon as the right to development is a human right and Côte d'Ivoire is part to the Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights of 1981, the country and its population is entitled to enjoy is right of economic development. It is in such a way that the Civil society as one of the components of the expression of democracy contributes to the economic, social and cultural development of the Nation. 12 6 Article 6(2) of the Declaration on the Right to Development. We reaffirm our determination to build the rule of law in which human rights, public freedoms, the dignity of the human person, justice and good governance as defined in the international legal instruments to which Côte d'Ivoire is part, in particular, the 1945 United Nations Charter, the 1948 Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights of 1981 and its additional protocols, the Constitutive Act of the European Union. 2001, are promoted, protected and guaranteed'.

b) African Charter on Human and Peoples' Rights
Several conferences were organized in Africa by the UN, African governments and non-governmental organizations (NGOs) to discuss an African regional system to promote and protect human rights and fundamental freedoms in the light of international standards as well as the experiences of particular regions.
One result was the African Charter, which was unanimously adopted at a meeting of African heads of state and government held in Kenya on 27 June 198. The Charter laid out a range of rights and duties that should always be respected. It also establishes the African Commission to oversee its implementation. The Commission cannot only make recommendations, which are very ignored by governments. This lack of an adequate enforcement mechanism led to calls for the establishment of an African Court on Human and Peoples Rights, and in June 1998 the Organization of African Unity (actual African Union) adopted a protocol to establish such a court. It took many Years for the Protocol to enter into force, and it was only in January 2006 that the AU Assembly of Heads of State and Government (AU Assembly) elected the 11 judges to serve in the court. The African Charter is a set of rules, called Articles, guaranteeing individual human rights and fundamental freedoms for individuals. It also ensures some of the entire peoples. The Charter is a human rights treaty. When a state ratifies an agreement, it becomes a state party to the contract. It has a legal obligation to protect the rights specified in the agreement. Many African countries have ratified these treaties and had then agreed to be bound by their regulations.
The Republic of Côte d'Ivoire is a member of the African Charter, and as proclaimed by the charter, All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of humanity. 13 States shall have the duty, individually or collectively, to ensure the exercise of the right to development. 14 Regarding this disposition of the Charter and due to its ratification by the Republic of Côte d'Ivoire, the right to economic development as a fundamental right should be protected and enjoyed in the country. Promote social progress and better standards of life in larger freedom" and "to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion." ulations; it also integrates food security. The human development aspect is more than ever a challenge for policymakers, and they want to address it by improving access to quality essential social services and social security.
-protection and management of the environment: it is the development of policies and instruments adapted to the protection and sustainable use of the situation; it mainly concerns the integrated management of water resources, the facilitation of access to drinking water and sanitation infrastructures.
-the promotion of the private sector to support sustainable development; it is the establishment and maintenance of substantial public investments that must serve as a basis for individual national and international initiatives.
-the restoration of social cohesion: it proceeds from the consolidation of peace through national reconciliation, the reduction of intra-community and interethnic tensions to create conditions conducive to the national social, economic development and foreign investors. These priorities are in line with the policies to be put in place in the context of sustainable development.  In summary of all that has been said above, Development is an inalienable human right. It presents itself as a multi-faceted right that includes economic, social, cultural and political dimension. Economic development rhymes with economic growth and is reflected in an improvement of the state's mode of production. It is a right that involves participation, contribution and enjoyment of the fruits of development. As such, it is a right that deserves to be protected and realized. The legal framework of economic development in Côte d'Ivoire is based on the country constitution, the African Charter on Human and Peoples Rights, and the United Nation Declaration on the Right to Development. At the political and institutional level, there is a ministry responsible for planning and development whose role is to provide among other things the reduction of poverty, the protection, and management of the environment and the improvement of the living conditions of the population. In the same sense, the NDPC was created.  Just after this summit, joining the deed with the word, China began to finance many projects and infrastructures in Africa. Côte d'Ivoire, in West Africa, is one of the countries currently benefiting from these investments.

Impact of Chinese Direct Investments in the Enjoyment of the Right to Economic Development in Côte D'Ivoire
The Abidjan-Bassam highway, whose construction is now complete, is a per- dollars, was obtained from the Chinese export-import bank Exim bank. The port extension works, scheduled to be completed in 2020, concern the widening and deepening of the Vridi Canal to accommodate vessels of 25,000 to 50,000 tons and more than 300 meters in length. Thus, the free port of Abidjan will be able to catch up with the accumulated investments in recent years and raise its level All these large Chinese yards completed or being completed in Côte d'Ivoire demonstrate that Sino-Ivorian cooperation is in good shape and Chinese investments are made to participate in the right of economic development as soon as Côte d'Ivoire people enjoy.
B-Incompatibility of Chinese direct investments with the right to economic development In Côte d'Ivoire 1) Employment, training, and Cooperation with national investors ''The right to development (…) gives everyone the right to participate in, 28 ''that includes popular participation in the development and violation of that disposition constitutes a violation of the right to development. However, the fact is that in the execution of investments projects in Côte d'Ivoire and most of the 25 Chinese economic and commercial adviser. African countries, Chinese investors use to come with the Chinese workforce. While they have to'' recruits as a priority the national workforce and contributes to increasing the qualification of his local collaborators, in particular through continuous training, the development of national skills through advanced training courses. '' 29 In that way, even if these investment projects are done in favor of the right to economic development, the Ivorian cannot ''participate in'' the development. Doing so, Chinese investors are violating the right to development. This is the same problem with national investors are facing because Chinese investors also come with their material from China while they have to "favors the use of local suppliers and subcontractors with whom he has a mutually beneficial relationship. The investor contributes to the reinforcement of the know-how of the local staff notably by the formation and the transfer of technologies." 30 2) Poor remuneration of workers and difficult working standards Most of the time Chinese companies in Africa are not in good standing with some points of labor law. I heard many Ivorian workers complaining about their working conditions and poor remuneration. A worker explains that "after my hiring in 2007, they renewed my CDD a second time, which is forbidden in Côte d'Ivoire. With other employees, we protested and signed a permanent contract. The boss does not pay social security contributions for employees, so we do not contribute to our retirement, and we do not have health insurance. This action constitutes a violation of the human right to health. The worker also explains that to his Chinese superiors, they have mainly communication problems. They ask for things by shouting and behaving as if they have all the rights over us. They openly distribute money to some employees, which makes others angry. Another worker explains that he arrived in the company 31 in 2001 and the salary went from 18,000 FCFA to 35,000 FCFA in 11 years thanks to new legislation of the government [in 2011, the monthly minimum wage was set at 35,000 FCFA, 54 euros by the government. But today, despite his seniority, he earns the same as recruits, which he find very unfair. Since there is no job, he has no choice but to stay. He works at the store 10 hours a day. He prepares packages ordered by foreign customers. He is not enjoying the job but has no choice. 32 They do not receive a fixed salary, but the piece pays them. The bosses understood that it was profitable! They also know that people are forced to accept low wages if they want to make a living. The last testimony is from Mitterand 33 "I work from 6 h to 16 h from Monday to Sunday under a blazing sun. We have several times demanded workers' outfits for the bosses, because we see well-equipped workers on other Chinese shipyards. But apart from gloves and a vest that they do not even want to replace when they are damaged, they have never provided us with boots or blouses, or even helmets that would protect us from the sun" he said.
As soon as the right to development aims to the constant improvement of the 29 Article 26 Côte d'Ivoire investment Code. 30 Article 23 Côte d'Ivoire investment Code. 31 Chinese company manufacturing synthetic hair locks. 32 "I am less to be pitied than fellow workers who make wicks with very noisy machines," he said. 33 Mitterrand K, 26 years old, is a worker in a Chinese company that renovates roads.

Conclusion
The right to development is implicitly addressed in the Côte d'Ivoire constitution. As a signatory to the ACHPR and the UNDRTD, the country is supposed to ensure the respect and realization of this right. At the political and institutional level, there is a ministry responsible for planning and development whose role is to provide among other things the reduction of poverty, the protection, and management of the environment and the improvement of the living conditions of the population. In the same sense, the NDPC was created.
However, unlike some African countries that have explicitly recognized the right to development in their constitutions so that it has a strength similar to that of foreign investment, Côte d'Ivoire has merely much more political than legal understanding of development.
Concerning Chinese direct investments in Côte d'Ivoire, there is of great importance relevant to their contribution to the Ivorian government's goal to be a developed country in 2020. Chinese investments in Côte d'Ivoire contribute to the consolidation of the state in its leading position in the West African zone.
The primary goal of this study is to determine the involvement of Chinese direct investment in the enjoyment of the right to economic development. We realize that in many cases and in a transparent way, Chinese investments in Côte d'Ivoire, even if suffering from certain irregularities by violating specific prescriptions of the Ivorian law, are realized so that the Ivorian populations "participate in, contribute to, and enjoy economic, social, cultural and political development." However, for a better contribution of the right to the economic development of Côte d'Ivoire, investors must respect the labor legislation in Côte d'Ivoire as well as the requirements of the Investment Code.

Conflicts of Interest
The authors declare no conflicts of interest regarding the publication of this paper.