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. 17

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