2.6.6. Dual nationality The laws on dual nationality are often hard to interpret; so long as this is the case, there is a risk of manipulation. Among the fifteen ECOWAS States, only in Cape Verde, Ghana, Guinea Bissau, Sierra Leone and Niger (since November 2014) is it positively stated that dual nationality is generally permitted. In other cases, the rules are derived from the provisions of the law relating to loss of nationality or conditions for naturalisation; so that in some cases a national of origin loses nationality on acquiring another, and in others a person naturalising must renounce their other nationality. Reading these rules, five countries prohibit dual nationality in some circumstances: either only for a person naturalising as a citizen (Gambia); or only for citizens from birth who voluntarily acquire another nationality, for whom loss is automatic (Côte d’Ivoire and Guinea, and Niger until November 2014). Senegal’s law appears to fall in the same category of loss of nationality on acquiring another, but official policy is to permit dual nationality. In Benin, the law follows a formulation used in some other francophone countries (for example, Algeria) in providing that a person loses nationality if they voluntarily acquire another and are authorised to do so: that is, the provision is rather a protection against statelessness than a prohibition on dual nationality.68 Another three countries are silent on the matter, or allow dual nationality in almost all circumstances (Burkina Faso69, Mali70 and Nigeria71). Togo appears to forbid dual nationality both for naturalised citizens and for citizens from birth; but the interpretation is that a national of origin has to request permission to renounce nationality, so dual nationality is only truly forbidden for those who naturalise and have to renounce their other nationality.72 Liberia has one of the strictest bans on dual nationality anywhere in Africa, permitting it in no circumstances, and establishing a range of behaviours that create a presumption of dual nationality and automatic revocation of Liberian nationality (including voting in another country).73 Overall, there are therefore nine countries that, on the face of the law, permit dual nationality in almost all circumstances; another five that permit it in some circumstances; and one that prohibits it completely. The most confusion surrounds the common wording in the francophone countries that a person who voluntarily acquires another nationality loses his or her nationality of origin; but that this loss is subject to permission of the relevant ministry.74 These provisions were drafted during a time when it was 68 « Perd la nationalité dahoméenne (1) Le Dahoméen majeur qui acquiert volontairement une nationalité étrangère si, antérieurement et en vue de cette acquisition, il a été autorisé sur sa demande par le gouvernement à perdre la qualité de Dahoméen ». Code de la nationalité 1965, Article 46(1). 69 In Burkina Faso, the law is silent on the issue, neither providing for loss of nationality on acquisition of another nor for a person applying for naturalisation to have to renounce their previous nationality, so the presumption is that dual nationality is allowed. However, interpretation in practice may vary, in light of this silence. 70 Mali amended its rules on loss of nationality in 1995 to state that a person acquiring another nationality only loses Malian nationality if expressly renounced. Art 38 amended by Loi No.95-70 (now Code des personnes et de la famille, 2011, Arts.249). 71 Nigeria does not permit a person to naturalise as Nigerian while also holding another nationality by naturalisation – however, a Nigerian may acquire another nationality without losing it, and a person with another nationality of origin may acquire Nigerian nationality without renouncing their other nationality. Constitution, 1999, Art 26. 72 Rapport de la Commission ad hoc chargée de réviser les textes relatifs à la nationalité et de définir les modalités pratiques des audiences foraines d’établissement de certificats d’origine et de nationalité, Lomé, 1216 septembre 2011. 73 Aliens and Nationality Law, 1973, Arts. 21.2; 21.50-59 and 22.1-22.4. 74 For example, Article 18 of the Senegalese nationality code states: « Perd la nationalité sénégalaise, le Sénégalais majeur qui acquiert volontairement une nationalité étrangère. 26