For these reasons, the African Commission Observes that the Republic of Côte d’Ivoire is in violation of the provisions of Articles 2 and 14 of the African Charter on Human and Peoples’ Rights.
Observes that, even if Article 26 of the Law 98-750 of 23rd December 1998 had been amended by the Law 2004-412 of the 14th August 2004, it has already shown its effects during the six (6) years of its application;
Takes note of the current reconciliation process and of the ongoing negotiations in Cote d’Ivoire; Recommends to the Government of Côte d’Ivoire to ensure the effective application of the provisions of the new Law 2004-412 of 14thAugust 2004 amending Article 26 of the Law 98-750 of the 14th August 2004 [sic];
Recommends to the Government of Côte d’Ivoire to ensure, if this has not already been done, that all landowners who may have been deprived of their land by virtue of the application of the former provisions of Article 26 of the Law 98-750 are restored in their rights;
Urges the Government of Côte d’Ivoire, within the framework of the current drive to achieve national reconciliation, to evaluate, if this has not already been done, the damages that the victims may have suffered by virtue of the application of the provisions of Article 26 of the Law 98-750, and to pay, if need be, fair and equitable compensation on their behalf; Strongly urges the Ivorian State to pursue, within the framework of the current national reconciliation process, the amicable settlement of all the disputes arising out of the application of the former discriminatory laws and to scrupulously ascertain that the principle of equality before the law, as stipulated in the African Charter, notably in its Article 2, is respected under all circumstances.
Done at the 43rd Ordinary Session held in Ezulwini, Kingdom of Swaziland, from 7th to 22nd May 2008