68. The Complainant asserts that, against this background, the deprivation of
nationality for want of documentary evidence is strongly suspected when the
State does not offer adequate and effective access for the registration and for
birth certificate of children born on the territory. In reviewing the application
for nationality, the theoretical possibility of the nationality of another State is
inapplicable. In this regard, the Complainant calls on the Commission to
focus particular attention on children born in Côte d’Ivoire by parents whose
status is unknown or whose Ivorian nationality has been challeneged.
69. Still on the issue of non compliance with the provisions of Article 5 of the
Charter, the Complainant asserts that the difference in the treatment
imposed on the Dioulas in the area of access to nationality based on
« foreign »-sounding names and on Muslim affiliation violates their right to
the respect of the dignity inherent in a human being. According to the
Complainant, the refusal of the authorities of the Respondent State to issue
identity documents to the victims is a denial of their existence, thus violating
their dignity, because they are deprived of any legal identity. Furthermore,
such a refusal is tantamount to degrading treatment as it is based on ethnic
origin and religious affiliation and targeted at a specific section of the society
which is relegated to a second class status in the Ivorian society. The
Complainant stresses that, the name « Dioula » was originally used to
identify the professional group of traders and a patronymic name in the Kong
Manding dialect; it was later used as a pejorative and popular reference for
all the Mandé and Gur population from the North and consequently for all
Muslims. Disqualified from contesting for political office, the « Dioulas »
were relegated to the background on the social ladder based on social
perceptions disseminated by State ideology which has unfortunately
influenced all the ethnic groups in the country.
70. The Complainant reports that the testimonies indicate that persons from the
Dioula ethnic group or of foreign origin faced acts of harassment and abuses
during the 2000 elections, including in particular sexual abuses in the West of
the country where the victims were targeted because of their ethnic origin or
their perceived nationality. The Dioulas were also made to pay fines during
the process of obtaining nationality documentation and even in everyday life;
more than 55 percent of persons interviewed had the inner feeling that their
identity was consistently called into question.
71. Concerning subsequent violations, the Complainant alleges that the refusal
to issue passports to victims infringed on their freedom of movement laid
down in Article 12 of the Charter. In this regard, the Complainant affirms that
the difficulties associated with the recognition of their Ivorian nationality
resulted in the inability of most of the Dioulas to obtain a passport and
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