85. Concerning the infringements on the right to development, the Respondent
State avers that its government is dealing with the rehabilitation and/or
reconstruction of economic and social infrastructure and the improvement of
the incomes of the population. Finally, the Respondent State asserts that a
review of reports it has produced since 2012 as part of its international
commitments will further show convincing proof about efforts made by the
government to build a society based on the principles of the rule of law, good
governance and human security.
Analysis of the Commission on the Merits
Additional arguments and requests of the Complainant
86. From the conclusions submitted on the merits, it appears to the Commission
that the Complainant has filed not only de facto and de jure supplementary
submissions but also additional pleas. Considering the crucial nature of the
said submissions and pleas in the determination of substantive issues, it is
necessary for the Commission to decide on them prior to considering the
merits of the Communication.
87. On the additional submissions, the Commission notes that to support their
claim, the Complainant presents a historical and chronological account of
factual or legal elements which go as far back as the period of independence
of Côte d’Ivoire in 1960. A cross examination between the introductory
submissions and the arguments on the merits reveals that these are not
necessarily new facts or additional or explanatory elements meant to clarify
or reinforce the previous submissions. While considering that in its decision
on admissibility, it clearly noted that the occurrence of the alleged acts of
violence took place between the time of the emergence of the concept of
« ivoirité » in 1993 and its seisure in 2006, the Commission reckons that such
conclusion does not in any way prevent the inclusion of factual or legal
findings before or after the said date.
88. On the de facto submissions, the Commission considers that though the
violations referred to in the Communication crystallized at the beginning of
the 1990’s, their alleged historical and legal source takes place before or dates
back to the 1960’s. Concerning the additional factual elements on the period
between the seisure in 2006 to the end of the exchange of the submissions in
2014, it is appropriate to accept them and contextualize them in considering
the Communication. However, on this point, the Parties agree with the
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