presumed that most countries would not allow dual nationality; thus, in order to acquire another
nationality a person would necessarily have to renounce the nationality of origin; but at the same
time, states wished to ensure that a person could not change nationality simply to avoid obligations
such as military service. However, the wording only applies to those who “voluntarily acquire”
another nationality; and therefore does not affect those who are born with two nationalities.75 In
practice, official interpretation and application of these laws varies widely: as noted above, in Senegal,
language which is almost identical to that in Côte d’Ivoire and Guinea (and previously in Niger), and
which also includes a statement that a naturalised person should not hold another allegiance, is
interpreted to mean that dual nationality is permitted.76 In Guinea and Niger, it is well known that
many have acquired another nationality, including senior officials and government ministers, but no
action has been taken to deprive the person formally of their nationality of origin. Only in Côte d’Ivoire
is there a real effort to enforce the rules on loss of nationality in case of acquisition of another – and
the process there is highly politicised, rather than a matter of neutral administrative or judicial action;
even the right of a person to two nationalities of origin has been contested.77 The regulations and
décrets that provide detailed rules for application of the laws, as well as the internal directives of
government departments, may in practice be at least as important as the law itself in shaping the
understanding of the law by the government officials responsible for issue of identity and other
documentation, and thus access to proof of nationality in practice.
Toutefois, jusqu’à l’expiration d’un délai de quinze ans à partir soit de l’incorporation dans l’armée active soit
de l’inscription sur les tableaux de recensement en cas de dispense du service actif la perte de la nationalité
sénégalaise est subordonnée à l'autorisation du Gouvernement. Cette autorisation est accordée par décret.
Ne sont pas astreints à solliciter cette autorisation: 1°) Les exemptés du service militaire; 2°) Les titulaires d’une
réforme définitive; 3°) Tous les hommes, même insoumis, après l’âge où ils sont totalement dégagés des
obligations du service militaire, conformément à la loi sur le recrutement de l’armée. »
75
Many of the Commonwealth countries dealt with this situation through standard provisions allowing dual
nationality among children, who then had to opt between the age of 18 and 21.
76
Interview with Bienvenu Moussa Habib Dione, Senegalese Ministry of Justice, May 2014; and document
provided by the ministry for the then Minister of Justice in advance of Senegalese nationality law reform, 2012,
on file with author.
77
A memo on this point, noting that dual nationality of origin is permitted under Ivorian law, and that a person
does not lose nationality unless he or she requests to do so and is authorised by decree, was published by Me.
François Guei, a member of the Conseil Constitutionnel of Côte d’Ivoire, in May 2010 (copy on file with author).
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