pursuant to the ordinary identification scheme, the persons concerned should be informed of this
fact. This continues to raise concerns about the risk of statelessness among those who appeared on
the “gray list” of 2010, as well as other individuals who are refused nationality certificates or
national ID cards in the ongoing ordinary identification program that began in 2014, as discussed
further in Section 5.6.
5. Profiles of Stateless Persons and Groups at Risk of Statelessness
Given Côte d’Ivoire’s migration history and the complexity and interlinkages between its
nationality law framework and its civil status and identification systems, it comes as no surprise that
people fall through the cracks and are unable to either acquire, or prove, a nationality – whether
that be of Côte d’Ivoire or another State. In Côte d’Ivoire, as elsewhere, statelessness determination
requires a complex analysis on an individual case-by-case basis. This involves first identifying all
countries with which an individual has ties, such as through birth, filiation, marriage, or habitual
residence, and then determining whether any of those identified countries considers the individual
as a national, either as a matter of law or as a matter of practice.143
But who exactly does statelessness affect in Côte d’Ivoire? This section elaborates on the
profiles and considerations related to various categories of persons affected by statelessness in Côte
d’Ivoire before sharing some concluding observations regarding challenges of obtaining statistics
relating to statelessness in this country.
5.1. Historical migrants and their descendants
Historical migrants to Côte d’Ivoire and their descendants born in the country likely
comprise the largest group affected by statelessness in Côte d’Ivoire. This is a result of the high
levels of immigration to the country dating back to pre-independence times, as well as the
weaknesses inherent in the civil status systems in all West African States. Today, it is projected that
about 24% of Côte d’Ivoire’s current population are considered to be “foreigners.”144
There are numerous challenges involved in affirming whether someone who falls within this
general category of historical migrants and their descendants are stateless, or even at risk of
statelessness. Importantly, the nationality laws of the countries with the highest numbers of
migrants to Côte d’Ivoire, namely Burkina Faso,145 Mali,146 and Guinea,147 all apply jus sanguinis rules
in attributing nationality based on descent even to those born abroad, as does Côte d’Ivoire. This
attribution of nationality occurs automatically at birth. A person born outside these countries
wishing to obtain recognition of their nationality must prove that he or she has one parent with the
nationality of that country, which can present numerous challenges. This subsection will first
address some concerns particular to the Burkinabè, Malian, and Guinean migrant communities in
Côte d’Ivoire, before discussing statelessness considerations related to the acquisition of nationality
by declaration program and to the particular case of Burkinabè naturalized by collective decree in
1995 and their descendants.
5.1.1. Nationality concerns for Burkinabè, Malian, and Guinean migrants
According to the 1998 population census, around 2.2 million persons in Côte d’Ivoire were
designated as Burkinabè nationals. Even if the movement of Burkinabè from Côte d’Ivoire back to
143
UNHCR, supra note 7, paras. 18, 23-24.
See discussion in Section 2.3 above.
145
Code de la famille et de la nationalité [Burkina Faso], 1996.
146
Code de la nationalité malienne, 1995.
147
Code civil [Guinea], 1983.
144
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