acquisition of Ivorian nationality to be clarified further in any future revision of the Nationality Code, which will contribute to the reduction of statelessness among children going forward. 3.2.7. Dual nationality Côte d’Ivoire’s Nationality Code addresses dual nationality only in describing when it is a ground for the automatic loss of Ivorian nationality on the one hand, or a condition for an individual to request permission to renounce Ivorian nationality by decree on the other. Given the potentially high number of Ivorian nationals who might possess dual nationality, this section addresses the topic of dual nationality in its own right and not only as a ground for loss of nationality as it is treated in the Nationality Code. It is best to start with underscoring where the Nationality Code explicitly prohibits dual nationality. Article 48 provides: “An adult Ivorian who voluntarily acquires a foreign nationality, or who declares to have taken on such a nationality, loses Ivorian nationality.” 92 This loss is considered to occur automatically upon voluntary acquisition of a second nationality. Yet there is no effective supervision of this provision. In the absence of an enforcement mechanism, an Ivorian national who voluntarily acquires a second nationality in adulthood can very well continue to live and function with his or her Ivorian nationality until this nationality is contested.93 Article 49 is the other provision that addresses dual nationality: “An Ivorian, even a minor, who by effect of foreign law possesses a dual nationality, can be authorized by decree to lose his or her Ivorian nationality.” In effect, Article 49 foresees dual nationality as a protection against statelessness, although the legislative history has never acknowledged this as such. There are numerous ways in which an individual might permissibly become a dual national of Côte d’Ivoire and another country. Dual nationality can arise at birth for children born to one Ivorian parent and a foreign parent who possesses a nationality that is also automatically conferred to the child. Dual nationality can also arise at birth for a child of an Ivorian parent or parents born in a country that confers automatic jus soli citizenship on those born within its territory. A foreign national who acquires Ivorian nationality through any of the available modes – through marriage, adoption, declaration, or naturalization, for example – would become a dual national. Given that foreign spouses marrying Ivorian nationals now acquire Ivorian citizenship automatically, it can be expected that the numbers of dual nationals will in fact rise. All of the aforementioned scenarios would require that the nationality laws of a person’s non-Ivorian foreign nationality also allow dual nationality for dual nationality to be effective. In sum, given that the Ivorian Nationality Code only addresses dual nationality: (1) as a ground for the automatic loss of Ivorian nationality for Ivorian citizens who voluntarily acquire a second nationality in adulthood, and (2) as a condition for renunciation of Ivorian nationality subject 92 Article 48(2) conditions loss on the authorization by the Ivorian government for 15 years from the time a person is inscribed in the census tables. This language was adopted verbatim from the French nationality code at the time of independence. “Census tables” refers to the French practice of determining those subject to mandatory military service. This provision was to prevent individuals from eluding mandatory military service. The Ministry of Justice has confirmed to the author that Côte d’Ivoire has not maintained census tables for over twenty years. These conditions under which loss of nationality could be subject to government authorization no longer exist; loss of nationality under Article 48 is therefore automatic. 93 This has arisen in the case before the Ivorian Constitutional Council of Mr. Souhalo Tioté, whose candidacy for the 2011 Ivorian parliamentary elections was contested and rejected for having automatically lost his Ivorian nationality by acquiring French citizenship through naturalization when he was over 40 years old. Conseil Constitutionnel, Décision No. CI-2011-EL-054/17-11/CC/SG relative à la requête de Monsieur Bamba, Baba tendant à la contestation de l’éligibilité du sieur Tioté Souhalou aux élections législatives de décembre 2011 (on file with author). 27

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