done before a court to obtain a jugement supplétif).217 The results revealed that that the births of
78.5% of the overall population have been registered.218
No comprehensive initial mapping of a country’s statelessness situation is complete without
conducting in-depth consultations with stateless persons or those at risk of statelessness regarding
their protection needs. These can take the form of what UNHCR calls a “participatory assessment,”
an exercise that is part and parcel of its protection work and has been described as being relevant to
its statelessness mandate as follows: “Mainstreaming age, gender and diversity considerations
requires the meaningful participation of girls, boys, women and men of all ages and backgrounds in
the design, implementation, monitoring and evaluation of all UNHCR policies and operations so that
these impact equitably on stateless persons and address all causes of statelessness.”219
In many respects, the Ivorian government and UNHCR have been able to highlight the
importance of addressing statelessness in Côte d’Ivoire as a result of publishing the estimated figure
of 700,000. Yet it is important to be cautious with statistics that have not been subject to rigorous
qualitative and statistical analysis. Furthermore, the precise nature of how an individual or group is
identified will influence how to speak about and measure the outcome of a response. Some
responses are best qualified as efforts to prevent statelessness, or address the risk of statelessness,
while others can be qualified as aiding in the reduction of statelessness, or resolving statelessness.
Much more needs to be done with respect to better understanding how the causes of statelessness
identified in this report apply to populations in Côte d’Ivoire so as to craft the most effective
response to statelessness in the country.
6. Conclusion
This report has demonstrated how Côte d’Ivoire’s nationality laws evolved to represent one
of the most restrictive schemes for conferral of nationality in West Africa, but also that its nationality
system – as implemented in laws and practical policies related to nationality, civil status, and
identification – has essentially functioned quite arbitrarily since independence. Many historical
migrants and their descendants born in Côte d’Ivoire have developed deep roots and ties to the
country. A conundrum of the Ivorian context is that some were led to identify as Ivorians under
Houphouët-Boigny’s liberal immigration and integration policies, maybe even obtained Ivorian
identification documentation, but without any legal foundation for acquiring Ivorian nationality.
The best way forward is to consider how to address two issues: developing an effective
system to legally integrate long-standing migrants and their descendants into the Ivorian citizenry on
the one hand, while reducing and preventing statelessness on the other. With respect to the first
issue Côte d’Ivoire can consider various ways it can facilitate the acquisition of Ivorian nationality of
longstanding immigrants and their descendants. One way would be to adopt legal rules espoused by
other countries in the sub-region, such as the double jus soli provision whereby a child born in the
country to parents also born there (regardless of nationality) automatically acquires nationality.
Another approach would be to expand the simplified procedure for acquiring Ivorian nationality
through declaration. This avenue could be extended beyond the original beneficiaries of the
procedure as available between 1961 and 1973 to include those born in Côte d’Ivoire to foreigners
after 1973 who remain resident in Côte d’Ivoire at majority. At the very least the Ivorian
naturalization procedure must be galvanized and finally rendered effective, as was foreseen in the
217
Comité National de Recensement, Institut National de la Statistique (Côte d’Ivoire), Questionnaire :
Recensement Général de la Population et de l’Habitat 2014 (on file with author).
218
INS, supra note 2, p. 3. A further breakdown of the percentages with respect to national origin is not yet
published.
219
UNHCR, supra note 7, para. 21.
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