65. The Complainant refers to the statements of some witnesses to illustrate the
way certain reported practices had generated a degree of unpredictability of
the procedure for access to nationality. For example, when a witness by name
« Lansani » presented his identity papers to the commissioner, the latter
requested for a naturalization decree and the official gazette in which it was
published, making the procedure too complicated. When the applicant
brought up an application for a nationality certificate before the judge, the
said document was issued on an orange-colored paper whereas in practice,
access to a lot of services are often denied to persons holding such « orange »
papers, since the administrative authorities only accept documents issued on
paper with white background. According to the Complainant, efforts made
by candidate Ouattara to prove his Ivorian ancestral link and nationality
demonstrate the lack of predictability and impartial judicial control at the
highest social level on issues concerning application for acquisition of
nationality.
66. On the legality of denial of nationality leading to the actions denounced in
this context, the Complainant finally alleges that such a denial is arbitrary by
definition as it renders an individual stateless. The Complainant pleads that
the right of recognition of the legal status guaranteed by Article 5 of the
Charter imposes on the Respondent State an obligation to prevent
statelessness. According to the Complainant, this obligation has been
recognized as a rule of customary international law and prescribed by a
number of general and specific international human rights instruments.
Moreover, the United Nations Directives on statelessness stipulate that it is
not the law but the practice which determines statelessness and that to
establish the position of the State on nationality, the competent authorities
may be average public servants, such as the official of the civil gegistry or an
official of the government agency responsible for passports.
67. According to the Complainant, the difficulty in obtaining official
identification documents is a more serious problem in Africa including the
express denial of nationality since the enjoyment of many a right is directly
related to obtaining these documents. Based on testimonies collected as part
of this Communication, the Complainant alleges that the systematic refusal of
the authorities to issue identity cards to persons perceived to be « Dioula »
resulted in massive statelessness. These practices are viewed as having
exacerbated the conflict and their persistence beyond the crisis has also been
authenticated, with the emphasis placed on a more generally excessive
discretion affecting the entire population without distinction whatsoever on
account of migratory origin.
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