48. In the light of these observations and following the jurisprudence referred to supra, the Commission is of the view that the magnitude of the alleged violations had an effect on a sizeable section of the population of Côte d’Ivoire, in particular, the communities in the northern region of the country. Furthermore, by their nature, the said violations which are alleged to have started in the mid-1990’s had continued at least until this Communication was lodged in 2006. Moreover, such violations can be considered as predetermined as they arise from the implementation of a legislation adopted by the Respondent State. Finally, these violations disguised a clear potential of negatively impacting the enjoyment of a right to legal status guaranteed by Article 5 of the African Charter, the violation of which is alleged by the Complainant. 49. From the foregoing, the Commission concludes on the one hand that, the climate of fear and persecution which prevailed at that material time was a stumbling block to exhaustion of local remedies which were actually not available; and that the alleged violations were serious and massive, on the other hand. Consequently, the victims and the Complainant would not be required to exhaust local remedies. 50. Without necessarily considering the other arguments raised by the Complainant, the Commission notes that the facts and the circumstances of the case require the derogation of the clause on compliance with the exhaustion of local remedies. Decision of the Commission on the Admissibility 51. In view of the aforementioned, the African Commission on Human and Peoples’ Rights declares this Communication admissible in accordance with Article 56 of the African Charter. The Merits The arguments of the Complainant on the Merits 52. According to the Complainant, the actions of the Respondent State are the principal and subsequent violations of the provisions of the African Charter. With regard to the main violations, the Complainant alleges that, on the one « Cote d’Ivoire makes a giant leapfrog to eliminate statelessness in the area of accession to conventions »http://www.unhcr.fr/524ec78cc.html (consulted on 24 January 2014). 12

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