guaranteed by Article 5 of the Charter. However, it appears to the
Commission that in this Communication, the main cause defended by the
Complainant is the deprivation of nationality which the population called by
the name « Dioula » were subjected to and will always be subjected to as
victims in Côte d’Ivoire. As proof, the Complainant himself asserts that his
argument aimed at proving that this alleged deprivation is based mainly on a
« legitimate claim » by Dioulas to Ivorian nationality. The allegations of
violations of the other provisions of the Charter are concurrent or subsequent
to the alleged principal violation. In fact, these subsequent allegations are not
the consequence of the principal one independently of which they cannot
thrive. Consequently, the Commission will consider the « legitimate claim »
to nationality prior to the consideration of other arguments on the merits.
92. With regard to the allegation of violation of Article 1 of the Charter, the
Commission notes that the obligation established by the provisions of the
said Article can be activated only when a substantive right of the Charter has
been violated. The related allegation will be considered after an analysis of
the merits concerning the other provisions, the violation of which is also
alleged.
On the allegation of violation of Article 5
On the law of recognition of legal status: nationality
93. Under the provisions of Article 5, « Every individual shall have the right to
the respect of the dignity inherent in a human being and to the recognition of
his legal status. All forms of exploitation and degradation of man,
particularly slavery, slave trade, torture, cruel, inhuman or degrading
punishment and treatment shall be prohibited ».
94. On the argument derived from the violation of the provisions of Article 5 of
the Charter, the Complainant asserts, on the one hand, that the lack of
precision of the law on nationality has led to the deprivation of the right to
nationality and in many instances to statelessness or the risk of statelessness,
thus preventing the recognition of the legal status of Ivorians. On the other
hand, he avers that the differentiated treatment targeting Dioulas in the area
of access to nationality based on foreign-sounding names including their
Muslim affiliation violates their dignity.
95. Concerning the first part of the submission and in the light of the provisions
of the Charter, as mentioned above, it appears that the Complainant focuses
his allegations on the « legitimate claim» of the Dioulas to Ivorian nationality
as a right guaranteed by Article 5 of the Charter. It follows that the right
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