determined by their respective talents and abilities; that in this sense, the common good may justify
differences in treatment, equality being neither blind nor ignorant of social conditions.
55. On this point, the Court finds that the equality in question presupposes that equal treatment be reserved
for individuals finding themselves in the same situation; but from the examples given, of States like Ghana
and Nigeria, the Court considers that one is dealing with States different from Côte d'Ivoire.
56. As already adjudged in the judgment on PROFESSOR ETIM MOSES ESSIEN VS. REPUBLIC OF
GAMBIA, equality presupposes same treatment of persons placed in same situation, and that in salary
matters, the principle of equality may not be invoked when the source of remuneration is not the same;
ECW/CCJ/RUL/05/07, 29th October 2007, §31.
57. However, it is worthy to find out whether the Defendant State violated or not the principle of equality of
all citizens before the law, in imposing different levies on cotton, pineapple, rubber, etc.
58. In general, equality is a requirement whose object is to fight against differential treatments based on
race, ethnicity, colour, sex, language, religion, political opinion, social background, fortune, birth, or any
other situation.
59. But equality as thus defined, does not exclude differentiated treatments when the situations are
different or when it is a question of reducing disparities or inequalities. Differences in the imposition of
levies among different agricultural products may be justified by reasons related to policies towards
development, productivity, and the specific nature of certain products.
60. The Court holds that the specific nature of the exportation of cotton is a very particular case in the West
African sub-region and that it is not surprising that in Côte d'Ivoire the levy on cotton is 0%, i.e. subsidised;
indeed, in its 2008 annual report, page 28, the ECOWAS Commission states that the cotton initiative
remains a central issue in the series of WTO negotiations at Doha, following the request made by the four
cotton producing countries (cotton-4) concerning the creation of an emergency fund for cotton, to assist
cotton producers in those countries; that the problem of subsidising cotton exports continues to have
negative repercussions on the revenues of cotton-exporting ECOWAS member countries, namely Benin,
Burkina Faso, Mali and Togo.
61. That is why the Court holds that in the area of taxation, States have a large margin of operation in
determining the criteria for the tax base of each product, and that they are not compelled to apply the rate
in force in other countries.
62. From the foregoing, it follows that since there was no mention of differences of tax rates among the
cocoa and coffee producers, the Applicant's request cannot be admitted. The grievance in respect of
violation of the principle of equality of all citizens before the law is therefore unfounded.
Consequently
Whereas the various indications relating to the name, type of association, headquarters, address and
identity of the legal representative, and the law on the legal basis of the creation of associations in Côte
d'Ivoire as contained in the Application, constitute a presumption of the existence of National Co-ordinating
Group of Departmental Representatives of the Cocoa-Coffee Sector in Côte d'Ivoire as an association
created in accordance with the Ivorian law and possessing due legal status;
Whereas in a matter of application for human rights violation, the Court cannot grant such right to natural
persons only, to the exclusion of legal persons;
Whereas the right to a just and favourable remuneration presupposes the existence of an employment
relationship between the one demanding the remuneration and the supposed debtor responsible for
remuneration;
Whereas there is no breach of equality in terms of tax imposition when the taxable products are not the
same;
For these reasons
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