55. The Complainant relies on evidence obtained from hundreds of victims in
2010 from which it emerges that more than 54 percent of the persons
interviewed claimed that the authenticity of their identity documents was
called into question as a result of their foreign consonance of their names.
Thus, for instance, a person interviewed by name « Diallo » was told that
such a surname could not be Ivorian. In other cases, persons who had shown
proof of their nationality were all the same subjected to harassments because
their names did not sound like Ivorian names, as shown by a witness
interviewed by name « Mamadi ». Some were compelled to pay monies to
regain their freedom following identity checks whereas they had shown proof
of their nationality. Their documents were subsequently seized by police
officers or the gendarmerie. In the same vein, persons travelling with their
colleagues were compelled to pay fines to police officers whilst no fine was
taken from the other non-Dioula passengers.
56. Concerning the nature of the difficulties faced by applicants for nationality
documentation, as part of this Communication, the Complainant lays
emphasis on evidence provided by more than 53 percent of persons who
claimed to have encountered administrative problems while 39 percent
reported about justice-related issues. For instance, the renewal of documents
on nationality was denied someone by name « Savadogo » because the
difference between his mother’s age and his age was too wide and suspicious.
The authorities remained adamant while the applicant produced his birth
certificate, his old certificate of nationality, the identity card of his uncle, his
mother’s birth certificate and the naturalization decree of his grandfather. All
these persons interviewed were victims of acts reported above and they had
one thing in common, that is, they bore surnames such as « Zongo »,
« Dabré » or « Yabré », which are considered as non-Ivorian.
57. To illustrate the alleged discrimination in a more representative way and in
the application of the law, the Complainant refers to the consideration of the
candidatures for the 2000 presidential election in Côte d’Ivoire. Based on the
law on nationality, reinforced by the new provisions of Article 35 of the 2000
Ivorian Constitution, the candidature of Mr. Alassane Ouattara was rejected
for failing to meet the « Ivorian origin » criterion whereas he had produced
his Ivorian birth certificate and those of his father and mother. In addition to
this, he produced his Ivorian identity card and copies of his two parents’
cards. In spite of all these documents, the Supreme Court used its full
discretion provided by the law on nationality to nullify the candidature of
Mr. Ouattara.
58. By contrast, the Complainant makes reference to the treatment meted out by
the same Court to Mr. Robert Guéi as a candidate. As proof of his nationality,
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