hectares of land has not been registered or where property or land rights are
vital for the survival of majority of the population in West Africa, people
looking for land whose identity documents have been rejected may not know
whether they have a right to it. Furthermore, persons without any document
but who already possessed land may reasonably suppose that they are
Ivorian whereas the government refuses to confirm such a claim.
Consequently, following attempts made to obtain an official title deed of the
property pursuant to the 1998 Law, the persons without any documents may
be denied ownership of their land under the pretext that they are foreigners.
74. Finally, the Complainant alleges that by denying the victims the possibility
of an employment prospect and a personal and family development, the
Respondent State violated Articles guaranteed under Articles 15, 18 and 22 of
the Charter. Touching on article 15, the Complainant states that the
difficulties faced by the Dioulas in the process of recognition of their Ivorian
nationality infringe on their right to obtain employment on a nondiscriminatory basis. Without a nationality certificate, they are excluded from
access to employment in the formal sector. For instance, the witness
« Abdou » was denied promotion as a judge because his mother’s birth in the
1930’s in Bouaké had been registered under a different name. The interested
party had all the same produced nationality documents that were in order.
75. On the allegation of violation of Article 18, the Complainant declares the
destruction of the unity of the family following the violent struggle for access
to nationality and identity cards. For example, after the police had seized the
documents of the witness by name « Drissa », the latter had to travel out of
his region with a laissez-passer which was only valid for one month. The
Complainant alleges that such a situation puts restrictions on the freedom of
movement, causes insecurity and a general state of vulnerability and that in
its jurisprudence, the Commission established that the denial of nationality is
a threat to family life.
76. Concerning the violation of the right of peoples to development protected by
Article 22, the Complainant alleges that arbitrary denial of nationality
prevented the Dioulas from achieving their ambitions and their full human
potential. The Complainant asserts that the capacity of the people to achieve
their nationality rights provides an indispensable element to stability both at
the personal level and at the social and international levels. He avers that this
condition of a dignified life is essential for the full and harmonious
development of the human personality. According to the Complainant, the
realisation of the « plan for life » is the attainment of the right to personal
development. To buttress this argument, the Complainant quotes the
testimony of « Abdou » whose life has come to a standstill after being
20