violated, the Complainant argues that the fact that the Respondent State
denies the Dioulas Ivorian nationality interferes with their right to access
employment on a non-discriminatory basis. In Zimbabwe Lawyers for
Human Rights and Associated Newspapers of Zimbabwe v. Zimbabwe, the
Commission concluded that for the Respondent State to have closed down
the offices of the Complainants and prevented their workers from going there
deprives them of their source of revenue and, therefore, violates Article 15 of
the Charter.53 Furthermore, the Commission concluded that there is a
violation of the same provisions when, in Pagnoulle (for Mazou) v.
Cameroon, the Respondent State refused to reinstate the Complainant as a
magistrate when all the persons who suffered the same fate as him had been
reinstated.54 It is evident from the above that the right protected under Article
15 refers to the prerogative to access employment as a source of income and
to benefit from the same treatment as persons in a work situation and in
similar circumstances.55
177. In the case in point, it is evident from the testimonies obtained by the
Complainant that persons from the Dioula ethnic group have been declared
as ineligible for public office for the mere fact that their Ivorian nationality
which has been validly proven has been challenged. The reported cases
include the denial of access or promotion in areas like the judiciary. The
Commission notes that such forms of treatment constitute a violation as a
result of the imposition of disqualification ensuing from the discriminatory
and arbitrary denial of nationality. Consequently, these restrictions violate
the provisions of Article 15 of the Charter for the persons concerned. It is also
proper to conclude that there is a potential violation of the same right with
regard to all Dioulas because they remain vulnerable as a result of
discrimination in access to nationality.
Violation of Article 18
178.
Article 18 of the Charter obliges States Parties to protect families, to
ensure their physical and mental health, to assist them, to ensure the
elimination of every form of discrimination against women, to ensure the
protection of their rights and those of children, as stipulated in international
conventions. In Amnesty International v. Zambia, the Commission decided
See Zimbabwe Lawyers for Human Rights and Associated Newspapers of Zimbabwe v. Zimbabwe
Communication 284/03 (2009) AHRLR 235 (CADHP 2009) para 179.
54 Pagnoulle (for Mazou) v. Cameroon Communication 39/90 (2000) AHRLR 61 (ACHPR 1997) para 29.
55 See Essien v. The Gambia (2007) AHRLR 131 (ACHPR 2007) para 27.
53
57