therefore travel outside the country. Recognizing the possibility of a
limitation to the freedom of movement, the Complainant is of the opinion
that such a restriction must be consistent with the other rights stipulated in
the Charter and with the principles of equality and non-discrimination. Based
on these testimonies, the Complainant reports that the security agencies
compelled Dioula travelers to pay a sum of one thousand francs as compared
to non-Dioula passengers. Similarly, persons who had travelled out of the
country to reside there were also later denied the renewal of their identity
papers and were prevented from travelling, including being prevented from
returning to visit their parents in Côte d’Ivoire.
72. The Complainant also alleges the violation of Article 13 of the Charter based
on the fact that, in the public sphere and in elections, the Dioulas are
discriminated against both in seeking public offices and in their quest to be
represented by the members of their communities. The Complainant recalls
the 6 October 2000 decision of the Supreme Court of Côte d’Ivoire rejecting
the candidature Mr. Alassane Ouattara for the 2000 presidential election on
grounds that he was not an Ivorian whereas the latter had been a Prime
Minister for three years and represented the country within high level
institutions under the Government of President Houphouet Boigny. These
problems persisted during the parliamentary and regional elections which
came up immediately after the 2000 presidential elections, in particular after
the opposition candidates to the Government of President Gbagbo had won
majority of the seats during the local election in March 2001. At that time,
though a national verification process of voters was just in its incipient stages,
President Gbagbo had declared that only persons holding new voters cards
would be allowed to participate in the municipal elections. Most of the
persons excluded by the said regulations were actual partisans or perceived
to be members of political parties deemed to be « pro-foreign ». Moreover, a
large number of Dioulas who had previously obtained a certificate of
nationality, all the same had had their names removed from the electoral
register before the 2010 elections.
73. The Complainant further alleges the violation of the right to property
guaranteed by Article 14 of the Charter. According to the Complainant, such
a violation is established, as the Commission had already decided in
Mouvement Ivoirien des Droits de l’Homme v. Côte d’Ivoire that the
provisions of Article 26 of the 1998 Law relating to local land ownership are not
consistent with Article 14 of the African Charter in that they stipulate that
non-Ivorian or foreign persons cannot be landowners in such a locality. The
Complainant states that, in a country where 70 percent of the 32 million
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