Commission considers that failure to grant nationality as a legal recognition is
an injurious infringement of human dignity. Such an infringement seriously
affects the legal security of the individual, particularly due to the
undermining of a set of consubstantial rights and privileges to the enjoyment
of fundamental legal and socio-economic privileges. Ultimately, it is the very
existence of the victim which is vitally compromised. The jargon of
clandestine immigration circles gives a good account of the disgrace
associated with the violation of the dignity of clandestine immigrants when
they are called « undocumented immigrants ». In the collective modern
conscience, to be an « undocumented immigrant » is perceived as the most
degrading form of legal, political and social identification. With regard to the
intentional denial or otherwise of nationality, dignity is doubly violated
because the person no longer fully fits into the fundamental characteristics
associated with the status of a subject of law. Indeed, since he is not
recognized as a national of any State, and is treated as such, the victim is also
treated by the community as a kind of second rate member. In the African
context, where social recognition and belonging to the community are vital,
denial or doubt of nationality can constitute the highest form of violation of
dignity.
142. In the case in point, suffice it to reiterate that both the law and practice of
the Respondent State have ensured the denial of the right of victims to
nationality. As a consequence of the foregoing, the violation of their right to
dignity is constituted by the mere fact that they have been prevented from
living in dignity in Côte d’Ivoire as members of the universal and Ivorian
human society. The Commission concludes that the laws and deeds of the
Respondent State violate the provisions of Article 5 of the Charter on the right
to the dignity of the human person.
Allegation of Violation of Articles 2 and 3
143. Under the provisions of Article 2 of the Charter, « Every individual shall
be entitled to the enjoyment of the rights and freedoms recognized and
guaranteed in the present Charter without distinction of any kind as race to,
ethnic group, colour, sex, language, religion, political or any other opinion,
national and social origin, fortune, birth or other status ».37 With regard to
Article 3 of the Charter, it is stipulated that « 1. Every individual shall be
equal before the law. 2. Every individual shall be entitled to equal protection
of the law. ».
37
Emphasis of the Commission.
44