prevented from benefitting from the promotion as a judge because his
identity had been called into question as a result of his foreign-sounding
names and his religious affiliation. The identity of this person had been
fraudulently determined whereas he had done all his studies as an Ivorian
citizen and presented the entire dossier required to sit for the examinations
into the judiciary, including his certificate of nationality, his birth certificate,
his national identity card and his military certificate.
77. The Complainant also reports the testimony of « Salifou », born in 1982 in
Côte d’Ivoire but whose nationality was turned down several times even
while he was young at a time his parents had obtained citizenship by
naturalization in 1995. It became impossible for him to continue his education
as he was unable to sit for the baccalauréat examinations for lack of a national
identity card or a passport confirming his nationality.
78. As previously mentioned, the Complainant also alleges the violation of the
provisions of Articles 4 and 6 of the Charter. Referred to at the admissibility
stage, these allegations were maintained in the arguments on the merits.
However, the Complainant does not produce any argument to buttress the
said allegations.
79. Based on the above-mentioned conclusions, the Complainant alleges that the
Respondent State has violated the provisions of Article 1 of the Charter. He
supports this argument by alleging the failure of the State to provide the
necessary measures towards the respect, including the protection, promotion
and realisation of the rights mentioned above.
80. The Complainant finally pleads with the Commission to review the requests
indicated in its arguments on the admissibility. He justifies such a request by
the need to contextualize the dispute before the Commission in the light of
recent developments of the Ivorian legislation and the arguments presented
on the merits.
The arguments of the Respondent State on the Merits
81. The Respondent State does not dispute the facts reported nor the allegations
of the Complainant. On the contrary, the Republic of Côte d’Ivoire asserts
that these problems which were rampant during the decade of socio-political
crisis are being resolved thanks to efforts by the government towards
improving the human rights situation and the re-ordering of the social fabric.
In support of its stance, the Respondent State provides evidence that it has
adopted a series of legislative measures implemented, particularly in 2013,
with the aim of addressing the deprivation of nationality.
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