other hand, it should be ensured that the redress is fair, adequate, effective,
sufficient, appropriate, victim-friendly and proportionate to the prejudice
suffered.71
200. When placed in the context of human rights, this principle is mitigated.
The objective here is not to punish the State or to enrich the victim by
granting him an exorbitant and unreasonable compensation. It is particularly
inappropriate to prescribe compensation when the prejudice suffered is as
material as that the highest compensation would not be able to right the
wrong. Where necessary, the most appropriate practice includes, among
others, a public acknowledgement of the violation, rehabilitation and the
building of memorial sites.72 In most similar situations, the Respondent State
will be required to act promptly in order to bring an end to the violation and
to prevent the occurrence of fresh violations. Whatever the case, the adoption
of prompt and effective measures to finally put an end to the sufferings of the
past may in themselves constitute an effective redress.
201. In the case in point, the main violation deals with the denial of nationality.
It is a right which represents a strong symbol: that of both the legal and social
recognition and also that of dignity. The Commission considers that for a
violation as symbolic as that one, it is proper to prescribe an equally token
redress. To be specific, the highest monetary compensation could not replace
attacks on the dignity suffered by the Dioulas for decades. Incidentally,
immediate rehabilitation is a much more appropriate redress.
202. On violations which are the result of this main violation, the Commission
notes that they were resolved in a material loss, particularly of a monetary
nature. For example, the expropriation of lands, the loss of promotion or
potential employment, and the enjoyment of socio-economic development
witnessed by Côte d’Ivoire. However, the Commission has already ruled that
some of these prejudices are merely potential, particularly those relating to
ownership and work. The others, such as equality, freedom of movement or
participation can only be the subject of monetary compensation; unless it is
proven that their violation has caused material or financial losses, which is
not the case in this situation.
203. Furthermore, with regard to the high number of concerned victims, and
considering that the Complainant has filed a dispute which is more of a
public than personal interest, it would be illusory to envisage the prescription
See Loayza Tamayo v. Peru (1998), Velasquez (1989), Aloeboetoe v. Surinam (1993) of the InterAmerican Human Rights Court; Djot Bayi v. Nigeria (2009) of the ECOWAS Court of Justice. See also in
general, REDRESS Reaching for Justice: The right to reparation in the African Human Rights System (2013).
72 See Loayza Tamayo ; Velasquez ; Aloeboetoe, op. cit.
71
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