hand, the right to equality (Articles 2 and 3) has been violated, and the rights
to the recognition of legal status and to the respect of the dignity inherent in a
human being (Article 5), on the other hand. Concerning the subsequent or
derived violations, the Complainant’s allegations are focused on the
obligation to give effect to the law (Article 1), on the rights to freedom of
movement (Article 12), participation in public life (Article 13), the right to
property (Article 14), to work (Article 15), to family protection (Article 18)
and to socio-economic and cultural development (Article 22). The
Complainant also alleges that Articles 4 and 6 have been violated without
however advancing any arguments to that effect.
53. Concerning the violation of Articles 2 and 3 of the African Charter, the
Complainant alleges illegal discrimination regarding access to nationality
since it is not justified in law and its purpose not legitimate, nor necessary
nor proportionate to the end sought. According to the Complainant, the
discrimination in terms of access to nationality to which the Dioula people
were exposed and are still exposed to or perceived ones is based on their
ethnic origin or their religious persuasion. Such discrimination is
consequently illegal and unjustified in law since it is prohibited by both the
provisions of the aforementioned Articles and the jurisprudence of the
Commission and international law. The Complainant further avers that the
discrimination denounced is neither necessary nor proportionate to the
intended purpose as it tended either to withdraw the rights already acquired
or to make the right to nationality an illusion.
54. To support the assertion of being discriminated against on account of the law,
the Complainant argues that the 1961 Ivorian Code on nationality is vague
and reinforces the doctrine of « Ivoirité » by simply stating that an Ivorian is
someone born by an Ivorian. This legal ambivalence is believed to have given
unlimited discretion to State officials and thus facilitated the implementation
of discriminatory policies and practices. The Complainant affirms that the
subsequent discrimination has been manifested by a difference in treatment
based on ethnic origin and religious affiliation. On this issue, the
Complainant indicates that the term « ivoirité » underpins a notion of a
« pure » Ivorian heritage for which the term was institutionalized by the 2000
electoral reforms and it is based on a distinction between « indigenous
Ivorians » and « Ivorians from migrant ancestral background ». The
foreigners are compared to people who hail from the North, who are also
referred to as immigrants, since they do not have any connection with
another State. By extension, those from the North with a valid claim to
nationality are therefore treated as immigrants and therefore foreigners.
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