Decision of the Commission on the Merits
The Commission,
For these reasons,
205. States that there are no grounds to making a ruling on the allegations of violation of Articles 4 and 6 of the Charter.
206. Declares on the other hand that the Republic of Côte d’Ivoire has violated the provisions of Articles 1, 2, 3, 5, 12, 13, 14, 15, 18 and 22 of the Charter.
207. Consequently, it:
i. Strongly recommends that the Republic of Côte d’Ivoire should amend the provisions of Articles 35 and 65 of its Constitution in accordance with the provisions of Articles 2 and 13 of the Charter.
ii. Particularly recommends that the Republic of Côte d’Ivoire should ensure that its nationality law should be consistent with the provisions of Articles 2 and 5 of the Charter, the relevant provisions of the African Charter on the Rights and Welfare of the Child and the United Nations Conventions on Statelessness, in the strict respect of the relevant international Directives on the matter.
iii. Earnestly recommends that the Republic of Côte d’Ivoire should adopt more prompt legislative and administrative mechanisms to implement measures necessary for the recognition of Ivorian nationality by origin of the Dioulas through a simplified declaration procedure; to ensure that other victims acquire nationality through the most favourable mode by means of the successive legislations adopted since the establishment of nationality by applying principles of retroactivity and established rights and privileges ; to provide for independent, equitable and impartial legal remedies to take cognizance of the nationality dispute.
iv. Further recommends that the Republic of Côte d’Ivoire should introduce or, where applicable, improve upon an effective and non-discriminatory birth registration system which makes the birth certificate as proof of nationality before the attainment of majority; to institute the access to nationality documents as a right for citizens and, for the relevant authorities, an obligation accompanied by sanctions in the event of an unjustified and discriminatory failure; and to share the burden of proof between the applicant and the State in the event of a dispute on the usual place of residence or a claim to nationality with written alternative modes of proof.
v. Further recommends that the Republic of Côte d’Ivoire should return the lands or compensate the victims who would have been expropriated through the application of the rural land law and implement prompt and effective measures for the purposes of an effective implementation of new reforms.
vi. Finally requests the Republic of Côte d’Ivoire to forward to it a written report on measures taken to implement these recommendations within one hundred and eighty (180) days of the notification of this ruling.
Adopted at the 17th Extraordinary Session of the African Commission on Human and Peoples’ Rights, held from 18 to 28 February 2015 in Banjul, The Gambia.
