access to public property and services in strict equality of all persons before
the law. Through the grounds he invokes to buttress this point, the
Complainant argues that the limitations imposed by the provisions of Articles
35 and 65 of the Ivorian Constitution of 2000 and the other legislative reforms
have had a devastating effect on the ability of nearly 40 percent of the
population to participate in civic life. By way of proof, the Complainant
mentions both the disqualification of candidate Alassane Ouattara from the
2000 presidential election and the impossibility for many Dioulas to vote
during various elections held from 2000.
163. The Commission notes that the grounds invoked by the Complainant tend
to lead to the conclusion that the rights to vote and to be voted for, as
protected by the first paragraph of Article 13, have been violated. However,
other points of the conclusions submitted by the Complainant contain
evidence relating to the violation of the provisions of Paragraphs 2 and 3 of
Article 13. The Commission holds that it is necessary to consider all the
provisions of Article 13.
164. On the right to vote and to be voted for, the Commission considers that it
is the bedrock of modern democratic systems which the Member States of the
African Union have committed themselves to build. It is noteworthy that the
African Union makes the « promotion of democratic principles and
institutions » one of the fundamental objectives which govern its actions.47
Furthermore, under several of its provisions, the African Charter on Democracy,
Elections and Governance obliges States Parties to ensure « transparency and
justice in the management of public affairs ». The same Charter makes
popular participation through universal suffrage « an inalienable right of the
peoples » and prescribes the « respect of ethnic, cultural and religious
diversity which contributes to the strengthening of the participation of
citizens ».48 Through its Resolution ACHPR/Res.164 (XLVII) 2010 on Elections in
Africa, the Commission urges the States Parties to the African Charter to
« introduce impartial and non-discriminatory procedures for all the electoral
processes ».49
165. The Commission has already concluded above, and by referring to its
ruling in Mouvement Ivoirien des Droits de l’Homme (II) case quoted above,
that the dispute surrounding candidacy for the 2000 presidential election was
also eminently that of Ivorian nationality and modes of evidence. This is so
because the Supreme Court of Côte d’Ivoire applied rules for the
See African Union ‘Constituent Act of the African Union’ (2000/2001) Art 3(g).
See African Union ‘African Charter on Democracy, Elections and Governance’ (2007/2012) Arts 2(1),
3(1), 3(8) and 8(3).
49African Commission ‘ACHPR Resolution /Res.164 (XLVII) 2010 on Elections in Africa’ (2010).
47
48
52