Declaratory Ruling on Violations
190. With the benefit of the foregoing, the Commission observes that there are
no grounds to rule on the alleged violations of the provisions of Articles 4 and
6 of the Charter. On the other hand, it rules that the provisions of Articles 1, 2,
3, 5, 12, 13, 14, 15, 18 and 22 have been violated.
Amendment of Articles 35 and 65 of the Constitution
191. The Commission has already ruled in Mouvement Ivoirien des Droits de
l’Homme that the provisions of Articles 35 and 65 of the Constitution of Côte
d’Ivoire violate Articles 2 and 13 of the Charter. It reiterated this ruling in this
Communication. Since the provisions concerned are still in force, therefore,
there are grounds to prescribe their amendment.
Amendment of the Nationality Law
192. The first petition of the Complainant on this point tends to request the
State to incorporate provisions into its laws to make it possible to grant
nationality to every child with relevant connection with Côte d’Ivoire. The
request of reference involves the prescription of the implementation of both
the United Nations Conventions on Statelessness and the African Charter on
the Rights and Welfare of the Child to which Côte d’Ivoire is a party.67 In all
cases, the Commission considers that the appropriate implementation of
these instruments, according to the relevant international Directives on the
matter, is the most appropriate means of remedy for the observed violation of
the right to legal recognition protected by Article 5 of the Charter.
Consequently, it is proper to accede to this petition.
193. The second petition relates to documentation and the establishment of
proof in the matter of nationality. On the issue of the introduction of a reliable
birth registration system, the Commission notes that it is a general problem in
Africa. However, it is extremely urgent to resolve this problem in a country
like Côte d’Ivoire where there are more than 700, 000 of the 750, 000 of
stateless peoples distributed in the 15 West African States, according figures
of the United Nations High Commission for Refugees which are not
challenged by the Government of the Respondent State. The Commission
notes that, in general, the birth certificate, which is the reference document
establishing the legal existence of a person, at least with regard to his place of
birth and filiation. These two points also constitute the fundamental
principles of recognition by the States of the link of nationality. It goes
67
Côte d’Ivoire ratified the Charter on 1st March 2002.
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