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)