that at independence on 7 August 1960, there was nothing like Ivorian
nationality and that all were French subjects. The Commission considers that
the consequence should be that no resident born before independence can lay
claim to Ivorian nationality. If that is the case, then by extension and by
implementing the provisions of Articles 6 and 7 of the nationality Code, the
Ivorian child referred to would not have inherited a nationality by blood
relations as a result of lack of existence of the « Ivorian origin». To proceed by
such reasoning, the non existence of Ivorian nationality of origin through the
fault of the law instituting it would have logically been transmitted from
generations to generations for all the inhabitants of Côte d’Ivoire. The
Commission is of the opinion that it would simply be a legal absurdity. Such
a legal haziness violates the provisions of Article 5 of the African Charter as it
renders it impossible to determine precisely the criteria for the acquisition of
the legal status of a « national » or a « foreigner ».
119.
At this stage, it should be noted that in order to conclude that the right of
the Dioulas to nationality has been violated, we should assess the extent to
which the application of the law has caused them harm. In this regard, the
Commission notes that the vagueness of the law has conferred all
discretionary powers to grant nationality on the relevant authorities. The
reported facts which were sufficiently proven and well documented by the
complainant are not challenged by the Respondent State. In practice, the
« Dioulas » are refused nationality through an extremely discretionary
application of the law, at least where its vagueness is concerned. This
manifested in the refusal by the relevant authorities to issue persons from the
« Dioula » ethnic group or persons considered as such with documents
attesting to recognition of Ivorian legal status by the Ivorian State. Thus,
whereas persons of the other ethnic groups who are perceived as Ivorians « of
origin » obtained it systematically and without hindrances, documents like
birth certificates and the national identity cards were not issued to Dioulas.
120. In certain cases, documents previously obtained were challenged or seized
for good. Analyses and statements attached to the docket by the Complainant
prove indisputably that this obstruction to the access to nationality
documents was, and continues to be, based on a wrongful interpretation of
the provisions of the nationality code, particularly the vagueness of the said
provisions. The result of this is that several thousands of persons born in Côte
d’Ivoire to persons who were themselves born in Côte d’Ivoire, and who have
always lived there, find themselves in a situation of statelessness. Such a
situation immediately leads to a violation of their right to the recognition of
their legal status guaranteed by Article 5 of the Charter.
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