and the mere mention of the term « peoples » in the provisions of Article 22 of
the Charter cannot adequately interpret the right to development as being
solely and exclusively collective. In spite of its community emphasis,
particularly with regard to the right to development, the Charter clearly
recognizes the crucial role of the individual without whose self-fulfillment the
development of the peoples may be compromised. In certain circumstances,
the development of the peoples and the individual may be concomitant. From
the perspective of the contents of the right to development under the Charter,
the States Parties have a mediate obligation to meet the requirements for the
enjoyment of this right and an immediate obligation to at least create the
opportunities and environment conducive to the enjoyment of the said right.
In other words, there is the need to ensure a gradual implementation, but it is
immediately recommended that the individual and collective right to
development should be respected, protected and promoted.
184. The Inter-American Human Rights Court carefully formulates this
meaning of the right to development by conceptualizing development in the
form of a « life plan ». The Court held then in Loyza Tamayo v. Peru, that
The concept of the ‘plan of life’ is comparable to that of self-fulfilment,
which is in turn based on the options available to an individual to lead his
life and to achieve the objectives he has set for himself. (…) It may be
difficult to consider an individual as being free if he has no option to
continue to lead his life and to do so to its natural conclusion. (…)
Consequently, the elimination or hindrance of these options constitutes a
violation or loss of a priceless asset which this Court cannot ignore.64
185. In the case in point, the Commission notes that as a result of the denial of
nationality, the Dioulas as well as the other victims were unable to obtain the
legal recognition necessary for, as is the case of all modern organized
societies, the enjoyment of a set of advantages. This lack of recognition of
nationality as legal status also prevented them from participating in the
shaping and enjoyment of the socio-economic development witnessed by
Côte d’Ivoire since independence. With regard to the Dioulas in particular,
the impossibility to be recognized as Ivorians prevented them from accessing
public jobs, participating in public and political life by voting in elections and
getting voted for. This, in turn, hinders every possibility for them to decide
with other Ivorians choices relating to the destiny of the Ivorian nation as
well as to enjoy the fruits of its social, political, economic and cultural
advances.
64
Loyza Tamayo v. Peru Inter-American Human Rights Court, Order of 19 November 1999, para 191.
60