Constitutional Chamber of the Supreme Court disqualified Ouattara’s candidacy for failure to meet
the Article 35 criteria in light of questions expressed over personal documents, including his
nationality certificate.41
In the context of widespread popular uproar regarding the October 2000 presidential
elections, General Guéï declared himself President, but was forced to flee. This allowed Laurent
Gbagbo to be proclaimed president as he garnered the most votes of the limited field of candidates.
Côte d’Ivoire plunged into a two-year period marred by massive human rights violations and social
tensions as political parties and their ethnic-based support groups vied in parliamentary and local
elections in 2000 and 2001. This violence was marked by ethnic and religious stereotyping and
targeting for abuse of northerners as foreigners and supporters of the RDR.42
A failed coup led by General Guéï in September 2002 spurred armed violence by a rebel
movement that quickly took control of areas in northern Côte d’Ivoire, resulting in de facto division
of the country into rebel-held North and Gbagbo-controlled South.
In January 2003, President Gbagbo and the main political leaders of Côte d’Ivoire, and the
rebel groups known collectively as the Forces Nouvelles (or New Forces), convened in France and
negotiated a cease-fire accord known as the Linas-Marcoussis Agreement. Given that this was “a
war of identification,”43 the Linas-Marcoussis Agreement called for a special naturalization program
to facilitate the acquisition of nationality by historical migrants and their descendants; the
suspension of the identification program put in place by Gbagbo’s government, and an end to
violent abuse and administrative harassment of foreigners. The cease-fire did not hold.
The next breakthrough came with the Ouagadougou Peace Agreement (APO)44 of March
2007. The APO called for holding mobile court hearings to provide late birth registration to those
who had not declared their births to the civil registrars (a process that was suspended due to the de
facto partition of the country); the reconstitution of destroyed civil registers, and an exceptional
process coupling a new identification program with the drawing up of the final voter list. Each stage
was marked by negotiated political compromises that departed from the formal legal requirements
on how the laws governing nationality and identification are meant to interplay, as discussed further
in Sections 4.2.1 and 5.6.
At the end of the voter registration process for the presidential elections in October 2010,
601,322 persons who sought to register to vote could not prove their identity and nationality and
were excluded from the voter roll.45 The process included a public dispute and appeal process, in
41
Cour Suprême - Chambre Constitutionnelle, Liste définitive des candidats à l’élection du Président de la
République du 22 octobre 2000, Arrêt No. E 0001-2000 du 6 octobre 2000. In total, the Supreme Court
Constitutional Chamber disqualified 13 candidates from running for president.
42
Human Rights Watch, The New Racism: The Political Manipulation of Ethnicity in Côte d’Ivoire¸ August 2001.
43
Young patriot, quoted in Richard Banégas and Ruth Marshall-Fratani, Côte d’Ivoire: Negotiating Identity and
Citizenship, in African Guerillas: Raging against the Machine,” p. 81, Morten Boas and Kevin Dunn (Eds.),
Boulder: Lynn Rienner, 2007, pp. 81-111.
44
According to its French acronym Accord Politique de Ouagadougou. An English translation by the United
Nations of the APO is available at: http://www.un.org/en/ga/search/view_doc.asp?symbol=S/2007/144.
45
Cabinet du Premier Ministre, Ministre de l’Economie et des Finances, Fiche Technique Relative au Traitement
du Cas des Pétitionnaires Restés en Suspens au Terme des Opérations d’Identification, 2013 (on file with
author).
12