form of discrimination against the Dioulas with regard to the access to
Ivorian nationality. It is common knowledge that Mr. Alassane Ouattara
comes from the Dioula ethnic group of the northern region of Côte d’Ivoire
and is also of Muslim religious persuasion. Although he produced his own
birth certificate and national identity card as well as those of his parents, his
candidacy was rejected on the grounds of inadequate proof of his Ivorian
nationality. Under the same circumstances, candidate Robert Guéï only
produced his birth certificate and family tree which he drew himself. The
Supreme Court ruled that it was ample proof and, therefore, authorized
candidate Guéï to stand in the election.
150. The Commission considers that although it is highly important to note
that the Mouvement Ivoirien des Droits de l’Homme case was on the dispute
surrounding the candidacy of persons to the presidential election in Côte
d’Ivoire, this dispute was also eminently, if not fundamentally, dealing with
nationality and the enjoyment of the rights which go with them. Indeed, it is
clear that the Supreme Court could only arrive at this improper and
unreasonable application of the definition, or the lack thereof, of the qualities
of an « Ivorian » and a « foreigner » under the nationality Code because the
law allowed it. More precisely, the legal basis of the ruling of the Supreme
Court is the establishment by the Code of an « Ivorian by origin » without
defining who this Ivorian is. As mentioned above, the similarities of
candidate Ouattara with the Dioulas border on identity. In reality, in addition
to being a Dioula, candidate Ouattara was also one of the most popular
Dioulas in Côte d’Ivoire, having served for several years as Prime Minister in
the Government of the first President of Côte d’Ivoire, Mr. Félix HouphouëtBoigny. The only other basis for discrimination against candidate Ouattara
was the fact that he was not an « Ivorian by origin ». It is common knowledge
that the Dioulas are the people who are most perceived as Ivorians « by
origin ». Consequently, it is the most symbolic form of discrimination against
Dioulas. Without prejudice to the outcome of the analysis on this point, such
a conclusion will have full meaning when the violations alleged by the
Complainant as a consequence of the discrimination so observed by the
Commission are being considered.
151. In short, with regard to discrimination against Dioulas, the Commission
notes that it is based on their ethnic origin, consonance of their patronymics
and their Muslim religious persuasion. On the one hand, discrimination
implies two groups of Ivorian citizens who are treated differently on bases
prohibited by the Charter. On the other hand, successive Governments of the
Respondent State produced no objective and reasonable justification, while
the Complainant showed evidence of a difference in treatment. With regard
to the other victims, the same conclusions are applicable within the limits of
47