48. In the light of these observations and following the jurisprudence referred to
supra, the Commission is of the view that the magnitude of the alleged
violations had an effect on a sizeable section of the population of Côte
d’Ivoire, in particular, the communities in the northern region of the country.
Furthermore, by their nature, the said violations which are alleged to have
started in the mid-1990’s had continued at least until this Communication
was lodged in 2006. Moreover, such violations can be considered as predetermined as they arise from the implementation of a legislation adopted by
the Respondent State. Finally, these violations disguised a clear potential of
negatively impacting the enjoyment of a right to legal status guaranteed by
Article 5 of the African Charter, the violation of which is alleged by the
Complainant.
49. From the foregoing, the Commission concludes on the one hand that, the
climate of fear and persecution which prevailed at that material time was a
stumbling block to exhaustion of local remedies which were actually not
available; and that the alleged violations were serious and massive, on the
other hand. Consequently, the victims and the Complainant would not be
required to exhaust local remedies.
50. Without necessarily considering the other arguments raised by the
Complainant, the Commission notes that the facts and the circumstances of
the case require the derogation of the clause on compliance with the
exhaustion of local remedies.
Decision of the Commission on the Admissibility
51. In view of the aforementioned, the African Commission on Human and
Peoples’ Rights declares this Communication admissible in accordance with
Article 56 of the African Charter.
The Merits
The arguments of the Complainant on the Merits
52. According to the Complainant, the actions of the Respondent State are the
principal and subsequent violations of the provisions of the African Charter.
With regard to the main violations, the Complainant alleges that, on the one
« Cote d’Ivoire makes a giant leapfrog to eliminate statelessness in the area of accession to
conventions »http://www.unhcr.fr/524ec78cc.html (consulted on 24 January 2014).
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