Ivorian » consonance of their names. They received the same treatment
because they were from the northern region of Côte d’Ivoire and that they
were Muslims. Even persons perceived to be Dioulas who had acquired
nationality documents at a certain point, had these documents seized for the
same reasons.
147. Through the reforms undertaken after the 2002 failed coup d’état, and
particularly in 2004, 2005, 2007, 2010 and 2013, successive Governments of the
Respondent State also recognized discrimination against Dioulas and
identified it as the main cause of the political crisis which shook Côte d’Ivoire
for more than a decade. No members of any other ethnic or religious group in
Côte d’Ivoire have been subjected to such discriminations, even though the
common characteristic among them is that they were born in Côte d’Ivoire or
that they were simply Ivorians in much the same way as the Dioulas.
148. It is noteworthy that the Complainant refers to the rejection of the
candidacy of Mr. Alassane Ouattara for the 2000 presidential election as being
the most symbolic manifestation of discrimination within the context of this
Communication. Requirements for candidates in this election were governed
by the provisions of Article 35 of the 2000 Constitution of Côte d’Ivoire.
Under these provisions, any candidate for the presidential election « … must
be an Ivorian by origin, born to an Ivorian father and an Ivorian mother who
are themselves Ivorians by origin ». The Commission notes that it has already
reached a conclusion in the Mouvement Ivoirien des Droits de l’Homme v.
Côte d’Ivoire case to the effect that these provisions violate the right to
equality before the law protected by Article 2 of the African Charter, in the
sense that they accord a different treatment to persons born in Côte d’Ivoire
on the sole basis of the presumed foreign origin of their parents.40 The
Commission then considered that the restriction of access to the highest
political positions of the State was in itself not a violation. However, it
concluded that when such a restriction is discriminatory, unreasonable and
unjustifiable, its objective is destroyed by this unreasonable nature.41
149. In the case in point, the Commission referred to the facts reported by the
Complainant and its aforementioned decision to note that the disqualification
of candidate Alassane Ouattara by the Supreme Court of Côte d’Ivoire was an
act of outright discrimination in violation of Article 2 of the Charter. With
regard to this Communication, the Commission notes that the terms of the
provisions of Article 35 of the Constitution of Côte d’Ivoire which have been
found to be inconsistent with Article 2 of the Charter are the most elaborated
See also Legal Resources Foundation v. Zambia, op. cit.
See Mouvement Ivoirien des Droits de l’Homme v. Côte d’Ivoire Communication 246/02 (2008) AHRLR
74 (ACHPR 2008) Paragraphs 84-86.
40
41
46