provisions of the first two paragraphs of the relevant article which read as
follows: « 1) Everyone has the right to move freely and to elect domicile
within the State, subject to compliance with the rules enacted by the law. 2)
Everyone has the right to leave any country, including his own country, and
to return to the same. This right cannot be subject to restrictions, unless the
said restriction is provided for by law and where it is necessary to protect
national security, public order, public health or public morality ».
160. In Jawara v. The Gambia, the Commission concluded that the unfair
restrictions in the issuance of passports are a violation of the freedom of
movement guaranteed by Article 12 of the Charter.46 The Commission
considers that this position applies to any document linked to nationality and
necessary for the process of the issuance of travel documents in or out of the
territory of a State and between States. Thus, the refusal to deprive a foreign
resident of his residence permit without a justifiable reason automatically
prevents him from moving from one place to another within the territory of
the host State.
161. In the case in point, the Commission notes that owing to the lack of
identity documents, the Dioulas have suffered restriction in their movements
within Côte d’Ivoire as well as the enjoyment of the freedom to leave the
country and to return to the same. On their movements within Côte d’Ivoire,
the Dioulas or persons perceived to be Dioulas have been or are still being
subjected to harassment by the public authorities, i.e. police officers.
Testimonies abound of persons who have been forced by police officers to
pay extra costs for them to travel by public transport on the mere account of
their Dioula dialect, accent or clothing. In some cases, these restrictions have
been imposed in spite of the fact that they presented their Ivorian identity
cards. Furthermore, persons belonging to the Dioula ethnic group who have
emigrated to other regions of the world have then had the renewal of their
identity and travel documents refused. They could not return to Côte
d’Ivoire. As a result of the preceding conclusions, the Commission observes
that such acts violate the provisions of Article 12 of the Charter.
Violation of Article 13
162. The provisions of Article 13 of the Charter read as follows: 1) Every citizen
shall have the right to participate freely in the government of his country,
either directly or through freely chosen representatives in accordance with
the provisions of the law. 2) Every citizen shall have the right of equal access
to the public service of his country. 3) Every individual shall have the right of
46
See Jawara para 70.
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