The role of the Commission, as its rules make clear, is also crucial to supporting state
compliance with its decisions. To that end, in addition to engaging government at the national
level, it is important to note that litigants and civil society were in a position to provide
information to the ACHPR and urge it on the measures it needed to undertake in order to support
implementation. During the Commission’s promotional visit to Cote d’Ivoire in 2016, for
instance, commissioners met with civil society groups, gathered information, and raised issues
relation to the decision in meetings with government officials. On that basis it was important
that, during the Commission’s 2016 session, commissioners could then seek answers from the
government delegation on what needed to be done to ensure compliance with the decision. A
coordinated feedback loop between national level-advocacy and regionally focused advocacy
was therefore critical.
Constructive Dialogue among Stakeholders
Constructive dialogue among various stakeholders is crucial to ensuring compliance. In this case,
such dialogue brought various actors including the government, the ACHPR, affected
communities, litigants and civil society to discuss the importance of the decision, the challenges
the country faced, and opportunities for ensuring implementation. During the April 2016
roundtable dialogue, stakeholders were able to hold a very honest discussion on how to work
together to ensure implementation of the decision. Dialogues like this can be rare but are
important to foster collaboration among the parties and, as noted, have involvement from the
ACHPR itself. That regional-level dialogue was later replicated at the national level when the
country’s national human rights commission hosted a daylong conference to discuss compliance
with the ACHPR decision. The conference provided another opportunity for the human rights
commission, government officials and agencies, international organizations, victims, and civil
society to discuss implementation of the decision. This was important as it not only provided a
forum for local actors to discuss implementation of the decision, but also underscored the crucial
role for national human rights commissions in monitoring compliance and in working with
various actors (including the government’s own focal point on statelessness) to help play a
coordinating role for implementation.
Five years after the Commission’s decision, it is noteworthy that Cote d’Ivoire has undertaken
significant reforms to address its statelessness problem. These include:
1.
Conducting a referendum and amending its constitution to eliminate its citizenship
discrimination provisions (articles 35 and 65), as recommended by the ACHPR.
2.
Becoming a party to the 1954 UN Convention on Stateless Persons as well as the 1961
UN Convention on the Reduction of Statelessness and ratifying the African Charter on
the Rights and Welfare of the Child, which contains provisions relating to children’s right
to nationality.
3.
Adopting the Abidjan Declaration, which contains ambitious commitments to address
and eradicate statelessness in West Africa, such as ensuring that every child acquires a
nationality at birth and that all unaccompanied children (“foundlings”) are considered
nationals of the state in which they are found. As required by the Abidjan Declaration,
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