Report on Citizenship Law: Mali 4. Nationality Administration The 2011 Code contains important and detailed rules for the implementation of civil registration along the French model, including strict requirements for the registration of births, marriages and deaths. In a country suffering from low rates of civil registration, however, these rules may be unnecessarily difficult to implement and/or run contrary to cultural practices. Title IV of the 2011 Code deals with civil registration, the état civil. Chapter II, Articles 114 through 156 deals with the registration of nationality and issuance of documents, including registration via jugements supplétifs, a form of late registration ordered by a judge in cases where an event falling under the 2011 Code has not been registered within the time limits prescribed. Rules for the legitimation of children may be found in Chapter III, Section III. Rules for registering a marriage may be found in Chapter III, Section IV. The Code outlined the rules for declarations of nationality in Articles 225-262 and the rules for certificates of nationality in Articles 263-265. Article 266 establishes the juridiction civile de droit commun as the court system with the authority to hear disputes related to nationality. 4.1 Naturalisation Applications for nationality by declaration and naturalisation are processed by the Direction Nationale des Affaires Judiciaires et du Sceau. Identity documents and proofs required include birth certificates, marriage certificates, the certificate of nationality of the Malian citizen, in cases where the application is based on a family relationship and, where necessary, an attestation of good character from the police. As stated above, the means by which an applicant is to prove residence are not clear.102 4.2 Birth registration Articles 157-162 establish the specific rules for birth registration, the key document for establishing the right to nationality. Birth registration requires one of the parents to present a birth certificate and either an identity card or a certificate of nationality. Importantly, both mothers and fathers can register their children at birth, but registration must be made within thirty days of the birth, an unfortunate limitation which might impede registration for many families. In particular, the short time periods may conflict with certain cultural practices such as naming ceremonies, which may take place over a week, or longer, after the birth,103 and according to UNHCR, may contribute to statelessness.104 It should also be noted that these rules favour urban areas and mothers who give birth in hospitals. Articles 133 and 134 deal with the process by which events such as births and deaths may be established after the registration deadline. This system of registration, which is used in 102 For a discussion of residence in the context of Malian nationality law, see Zatzepine 20-21. Pat I. Ndukwe, Fulani: Cameroon, Mali, Nigeria (Rosen 1995) 45, on Fulani naming ceremonies. 104 UNHCR, ‘Good Practices Paper, Action 7, Ensuring Birth Registration for the Prevention of Statelessness’ (2014). 103 16 RSCAS/GLOBALCIT-CR 2020/11- © 2020 Author(s)

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