conclusions, the Commission considers that the disqualification of a person
from the Dioula ethnic group for the reasons mentioned above stripped
Dioulas of any chance to elect the candidate of their choice. Furthermore, the
proof of such a violation is further produced during the elections following
the 2000 presidential election. By way of illustration, after the opposition
candidates won the majority of seats during the March 2001 local elections,
the Government of President Laurent Gbagbo decided that only holders of
the new voter’s ID card would be allowed to vote during municipal elections.
A whole swathe of the Dioula population perceived as « pro-foreigners » had
thus been targeted, since the proof of their Ivorian nationality obviously
prevented them from acquiring voter’s ID cards. Similarly, the names of some
Dioulas who had previously acquired Ivorian nationality certificates were
also removed from the voters‘register before the 2010 presidential election.
The Commission concluded that the provisions of Article 13(1) of the Charter
have been violated with regard to the right to appoint representatives of their
choice.
169. From the grounds submitted by the Complainant, it is evident that the
authorities of the Respondent State have denied certain persons access to
public office such as the judiciary because they were Dioulas. The
Commission notes that this violation is the direct consequence of the
discriminatory application of the nationality Code through the abuse of its
vagueness. Indeed, since the Code authorizes the categorization of the
Dioulas under the heading « Foreigners », they are affected by the limitations
of access to public positions such as the judiciary, the bar or all other « State
public positions ».50 While this limitation could be legitimate with regard to
foreigners who have acquired nationality, it violates the provisions of Article
13(2) of the Charter regarding Dioulas as a result of the conclusions of the
Commission on rights to legal status and equality. Finally, on the basis of
these considerations, the imposition of additional costs relating to access to
public transport on Dioulas violates the provisions of Article 13(3) of the
Charter which guarantees them « the right to use public services in strict
equality of all before the law ».
Violation of Article 14
170. Under the provisions of Article 14 of the Charter, « The right to ownership
shall be guaranteed. It may be interfered with only where it is required by
public need or in the general interest of the community, in accordance with
the provisions of the appropriate laws ». The Commission notes that the
Complainant is not exposing real and proven cases of violation of the right of
50
Ivorian nationality code (1961) Art. 43 new, Law of 2004.
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