of both the inferior courts and the Supreme Court amply prove that equal
protection of the law has been undermined with regard to the Dioulas. The
same conditions are applicable to the other victims within the limits of the
preceding conclusions concerning them. Without it being necessary to
comprehensively consider the grounds of the Parties on this point, the
Commission concludes that a violation of the provisions of Article 3 of the
Charter has occurred.
Subsequent Violations
157. The Commission refers to its conclusions deriving from the consideration
of alleged violations of Article 5 of the Charter to reiterate that the violation of
the right to dignity is a direct consequence of the denial of nationality as a
legal status. With reference to the said conclusions, dignity is inherent to the
other rights under the Charter. The same reasoning is applicable
interchangeably to several other rights under the Charter. Thus, when a right
such as nationality is denied or challenged, it becomes impossible to enjoy a
set of rights arising out of the enjoyment of a legal status. In principle, the
right to enjoy the benefits attached to nationality is violated once the
individual is deprived of this legal recognition.
158. Furthermore, the Commission notes that it has ruled, particularly in Legal
Resources Foundation, on the consequences of the violation of the right to
equality protected under Article 2 of the Charter. It also concluded that the
non-observance of the principle of equality before the law « affects the
capacity to enjoy many other rights ». It is noteworthy that the Commission
had then found that discrimination on the grounds enumerated by the
Charter was the cause of violence and socio-economic instability which
benefitted no one.45 The subsequent consideration deals with the violation of
these rights alleged to be the consequence of the denial of nationality.
Consequently, the attendant analysis will frequently refer to the grounds and
submissions ensuing from the consideration of the major violations, while
producing grounds specific to the concerned subsequent violation.
Violation of Article 12
159. To conclude that there has been a violation of the provisions of Article 12
of the Charter, the Complainant alleges that the denial of nationality has
made it impossible for most Dioulas to acquire identity documents and, for
that matter, to travel both within and without the territory of the Respondent
State. It appears that the Complainant alleges that the violation of the
45
Legal Resources Foundation v. Zambia, op. cit. para 63.
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