the latter produced only a certificate of nationality; to prove the Ivorian
nationality of his parents, the candidate traced his ancestral origins to the
second generation by just drawing family tree himself. As Mr. Robert Guéi
was thought to have adequately shown proof of his nationality, the Court
decided to validate his candidature.
59. To ascertain the fact that the successive regimes had taken advantage of the
vague law on nationality to pursue the discriminatory policy against people
from the North, Dioulas or persons perceived as such, the Complainant
makes reference to mobile court hearings held in 2007 to register people of
voting age and issue them with the identification documents. During the said
hearings, the Government of President Laurent Gbagbo had requested that
applicants for nationality certificates should register at their places of birth.
According to the Complainant, more than 700 000 concerned persons were
internally-displaced as a result of the civil war that broke out in 2002 and
such people lacked the necessary resources to proceed to their home towns.
Furthermore, due to the climate of suspicion towards people hailing from the
North, officials in charge of the hearings refused to issue identification
documents or simply removed the application letters without any
explanation whatsoever. The Complainant reports of complaints of
widespread destruction of identity cards of persons from the North by the
security agencies on the grounds that they were fake.
60. Persons bearing Dioula names reported that they had been denied access to
employment or forbidden from obtaining an identity card, or had been
imprisoned and compelled to pay bribes at check points. According to
allegations from the Complainant, the situation reached its climax during the
2010 electoral crisis when on 3 February; President Gbagbo’s government
had requested the removal of names of tens of thousands of people suspected
of be of foreign origin from the voters’ register based on only the Muslim –
sounding surnames. Unlike « Ivorians », persons perceived as foreigners had
thus been compelled to pay monies to have their names put on the register.
61. On the issue of unjustified nature of the discrimination, the Complainant
alleges that as the victims had established a prima facie case of discrimination
for differentiated treatment on grounds of ethnic origin and religious
affiliation, the burden of proof lies with the Respondent State to provide an
objective and reasonable justification. The Complainants also noted that at the
time of making their submissions on the merits, the Respondent State had not
been able to justify the alleged discriminations.
62. Concerning the violation of the provisions of Article 5 of the African Charter,
the Complainant alleges that the actions of the Respondent State constitute
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