Heather Alexander
The 2011 Code allowed for foreign nationals or stateless persons of either gender to
automatically obtain Malian nationality via marriage, rectifying the discrimination in the 1962
Code, even as amended in 1995.100
3.2.5
Naturalisation based on long residence
The 2011 Code makes naturalisation more difficult by imposing a ten-year residency
requirement, in place of the five-year residency requirement in the 1962 law. This change is in
line with the general trend in African laws to require a longer period of residence for
naturalisation,101 making it harder for persons to qualify for naturalisation. Only five years of
residency are, however, required for persons who rendered exceptional service to Mali and
children born in Mali to foreign parents. Naturalisation remains entirely at the discretion of the
state. As well, the procedures are not clear by which residence in Mali is to be established.
Article 231 provides that the minor children of adults who naturalise acquire nationality
automatically at the time the parent or parents are naturalised.
3.3 Limitations on political rights for naturalised persons
Article 247 stipulates the limitations on persons who have been naturalised. Naturalised
persons cannot hold public office until five years after being naturalised. They cannot vote for
two years after being naturalised. Finally, they cannot be appointed to public functions paid by
the state, practice law as a member of the bar, or be appointed to a Ministerial Office for a
period of two years after the naturalisation decree. In exceptional cases, these delays may be
shortened or removed. As naturalisation is quite uncommon in Mali, however, these limitations
likely do not impact many people.
3.4 Loss and deprivation of nationality
The 2011 Code continued to allow for dual nationality for those with nationality of origin who
acquired a foreign nationality. A Malian by origin who acquires another nationality does not
lose Malian nationality (Article 249), nor does a person naturalising have to renounce an
existing nationality (Article 241). Naturalised persons may lose their naturalisation under
certain conditions, including committing certain crimes, unless loss of Malian nationality
would result in statelessness (Art. 253).
100
101
2011 Code Art. 233
See Manby, Citizenship Law in Africa, chapter 5
RSCAS/GLOBALCIT-CR 2020/11 - © 2020 Author(s)
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