considers that the dispute over a right as vital as the recognition of legal
status, and of nationality in particular, must be subject to an independent,
fair, impartial and equitable procedure. Only one organ of the State cannot at
the same time be a judge in and a party to the granting of nationality. That is
more so the reason why the recognition of the right to nationality is
henceforth beyond the exclusive remit of the State which must comply with
the international rules to which it has subscribed. Consequently, the judge
must exercise a partition in the nationality dispute to independently and
impartially determine whether the State has discharged its obligations. Côte
d’Ivoire also recognizes this necessity because, under the provisions of its
nationality Code, the State provides that civil law judges have jurisdiction to
hear any nationality dispute. Incidentally, the Commission finds the
considered application relevant and useful.
Implementation of Reforms on Rural Land Ownership
197. The Commission only ruled on one potential violation of Article 14 with
regard to the Dioulas. However, it admitted an actual violation in cases where
victims would be subject to a prejudice already suffered as a result of the
application of the Rural Land Act before the reforms of 2004 and 2013. In these
circumstances, it is proper to prescribe an effective implementation of reforms
as well as redress of prejudices which would have been suffered as a result of
the application of the former provisions of the Law.
Payment of Damages
198. In accordance with the established jurisprudence of the Commission, the
violation of rights protected by the Charter entitles victims to damages,
including monetary remedy.69 Having said that, the Commission considers
that the Complainant must provide an evaluation and prove the prejudice
suffered.70
199. In this Communication, the nature of the violations is ample evidence of
the prejudice suffered. However, since the Complainant has not quantified
the said prejudice, the Commission will bear the responsibility of providing
it. In this regard, the Commission notes that the main aim of the redress is
founded on the restitutio in integrum principle which requires that the victim
is reinstated in the situation prior to the violation. Where it is impossible to
reinstate him, any violation will be resolved through compensation. On the
See Good v. Botswana op. cit. Para 245 ; Antoine Bissangou v. Congo Communication 253/02 (2006)
AHRLR 80 (ACHPR 2006) ; Embga Mekongo Louis v. Cameroon Communication 59/91 (2000) RADH 60
(CADHP 1995) para 2.
70 See Good op. cit.
69
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