Ivorian nationality under the aegis of the nationality Code. Consequently, the
implementation of the decision of the Commission on this point will resolve
any violation of the right of the Dioulas to access ownership. Thus, once the
right to Ivorian nationality of the Dioulas has been restored, they will be
exempted from the application of the limitations mentioned above. Although
it is true the Dioulas could be victims of a potential violation of the right to
ownership if the Ivorian law on rural land is applied, the wrong should still
occur or it should be demonstrated that there remains a future risk of
violation in the absence of an amendment of the Law. The Complainant does
not prove that this risk occurred against the Dioulas prior to this
Communication. Therefore, it cannot be concluded that a violation has
occurred.
174. However, since the nationality Code has still not been reformed, the issue
of Ivorian nationality by origin of the Dioulas remains up to date.
Consequently, the risk of a future violation is real because there is no
guarantee that the present and future authorities of the Respondent State will
not apply the disputed provisions to the Dioulas, particularly those under
Article 26 of the Rural Land Act. The deadlines for the various prescriptions of
Law No 2013-655 of 13 September, 2013 amending the Law on rural land
concerning the declaration of peaceful and continuous enjoyment of ownership of
parcels of rural land constitute enough evidence of this situation. The risk of
expropriation of the Dioulas on the unfair and discriminatory basis of their
perceived « non-Ivorian » status has survived the 2013 rural land reform.
Incidentally, it is proper to conclude that there is a potential violation of
Article 14 of the Charter.
175. With regard to the other victims, the Commission notes that the
Complainant does not provide evidence to support the alleged violation of
their right to ownership. An evaluation of the relevance and effectiveness of
the rural land reform will consequently mean a reversion to the conduct of an
abstract study on the compliance of the said reform with the provisions of
Article 14 of the Charter. The Commission considers that such a study is
inopportune. Furthermore, the dispute under consideration does not deal
with a lack of implementation of the Mouvement Ivoirien des Droits de
l’Homme (I) decision. It follows that it is not proper to conduct a specific
study of and how the land reform has complied with the said decision.
Violation of Article 15
176. In Article 15, the Charter stipulates that « Every individual shall have the
right to work under equitable and satisfactory conditions, and shall receive
equal pay for equal work ». To allege that these provisions have been
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