To summarize briefly, recall that Article 17 of the 1961 Nationality Code allowed minor
children born in Côte d’Ivoire to foreign nationals to acquire Ivorian nationality by declaration
provided they had five years of consecutive residence in Côte d’Ivoire and their births were
registered with the civil registration office pursuant to law. The founding Ivorian lawmakers did not
envisage a time-limit on this procedure, but rather included this right to opt to acquire Ivorian
nationality by declaration as a means of integrating minor children born in Côte d’Ivoire to
foreigners. This right to opt for Ivorian nationality by declaration was abrogated by the 1972
amendments to the Nationality Code, which entered into effect on 25 January 1973.
The 2013 law that revived the declaration procedure for a two-year time window made this
option available again to the former beneficiaries of the declaration program that was foreseen in
Article 17 of the Nationality Code, as well as for those who were eligible to apply for facilitated
naturalization under Article 105 of the 1961 Nationality Code, which was available for a one-year
period for foreigners with habitual residence in Côte d’Ivoire prior to independence. To summarize,
the 2013 special declaration procedure was available to the following three categories of individuals:
Category 1: Persons born in Côte d’Ivoire to foreign parents and aged less than 21 years of
age on 20 December 1961;
Category 2: Persons having had uninterrupted habitual residence in Côte d’Ivoire prior to
independence on 7 August 1960;
Category 3: Persons born in Côte d’Ivoire to foreign parents between 20 December 1961 and
25 January 1973.
Regrettably, through modifications made in the implementing decrees and administrative
regulations to Law No. 2013-653, there remained confusion – as a matter of law, as well as practice–
as to the scope of the eligibility of the descendants of any or all of the three distinct categories of
beneficiaries of this program. In practice, the failure of the original beneficiaries of Article 17 to
acquire Ivorian nationality by declaration, as was their right until 25 January 1973, has deprived two,
potentially more, successive generations of the original migrants’ children and descendants from
also acquiring Ivorian nationality.85
As the discussion in Annex II highlights, there are many pitfalls in ad hoc law-making, which
has been prevalent in Côte d’Ivoire since 2000. To reach the maximum number of beneficiaries and
their legal descendants, the acquisition of nationality by declaration program should be extended
indefinitely. That said, lawmakers should more carefully draft any subsequent laws and regulations
to clarify the scope of the program and to ease the proof requirements of the program, as discussed
further in Section 5.1.2 below.
3.2.4. Acquisition of nationality by decision of public authority: naturalization and
reacquisition of Ivorian nationality
Section 2 of Title III, Chapter 1 of the Ivorian Nationality Code establishes two modes of
acquisition of Ivorian nationality by foreigners “by decision of public authority,” namely through
naturalization or through a request to have Ivorian nationality reinstated (Article 24).
3.2.4.1. Naturalization
85
Given that Article 45 of the Nationality Code only allows minor children of adults who acquire Ivorian
nationality by any of the various modes to also acquire Ivorian nationality in a subsidiary manner, the only
avenue available to adult descendants of historical migrants to acquire Ivorian nationality would be through
naturalization, provided they meet the criteria for naturalization required by law.
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