determination of nationality which violate the principles of equality and nondiscrimination prescribed by the Charter. In other words, through this ruling,
the superior court arbitrarily denied Ivorian nationality to candidate Ouattara
on the grounds of « national origin », a ground prohibited by the Charter.
Besides, the Commission had also concluded that the provisions of Article 13
of the Charter have been violated.
166. In the case in point, the Commission notes that the provisions of Articles
35 and 65 of the 2000 Ivorian Constitution are still in force. They require every
candidate for the presidential election as well as for the positions of Speaker
and Deputy Speaker of the National Assembly to be Ivorians born to parents
who are themselves Ivorians by origin. Furthermore, candidates for any one
of these positions must never have renounced their Ivorian nationality nor
acquired another nationality. In the light of its preceding observations, the
Commission considers that the ruling of the Supreme Court of Côte d’Ivoire
to deny Mr. Ouattara Ivorian nationality on account of his « non-Ivoirian »,
and indeed, Dioula origin means that Dioulas have been denied Ivorian
nationality. Indeed, through the same causes and circumstances, it is evident
that no other candidate from the Dioula ethnic group already identified by
the law and practice as being of « non-Ivoirian origin », would not have
passed the dispute test for candidacy.
167. It is noteworthy that the Supreme Court based its ruling on the abovementioned provisions of the Ivorian Constitution which merely echo the
denial of nationality sanctioned by the Ivorian nationality code and the
successive legislations adopted by the Respondent State. Such is the case of
the Dioulas, at the very least. In practice, the Dioulas cannot get elected to the
positions concerned since they cannot demonstrate their Ivorian nationality,
particularly that of « origin », in accordance with the provisions of the
Constitution and the other relevant legislations, even though they are
Ivorians. The fundamental source of this denial is the nationality Code, the
most relevant provisions of which are still in force. Thus, since the Code is the
legal basis of all subsequent laws and practices relating to nationality, the
Dioulas are affected by all the limitations mentioned above, given that they
are considered as « non-Ivorians » by origin. The effects of nationality
acquired and not « by origin » particularly include, among others, five to ten
years disqualification from election to certain elective positions. This state of
affairs violates the right to stand for election which is protected by the
provisions of Article 13(1) of the Charter.
168. The Ivorian legislation on nationality and eligibility has produced the
same adverse effects with regard to the right of Dioulas to appoint
representatives of their choice. First, and as a consequence of the preceding
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