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. 62

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