8.2. ANNEX II: Special Naturalization Procedure Pursuant to Linas-Marcoussis (2004-2007) and Special Acquisition of Nationality by Declaration Program (2014-2016) Côte d’Ivoire established two special procedures for acquisition of Ivorian nationality in the last decade. These were in response to the reality that historical migrants who came to Côte d’Ivoire prior to independence and their descendants born in Côte d’Ivoire did not acquire Ivorian nationality through the available avenues between 1961 and 1973, namely, acquisition of nationality by declaration pursuant to Articles 17-23 of the 1961 Nationality Code and the one-year special naturalization provision contained in Article 105 of the 1961 Nationality Code that expired in 1962. The discussion below demonstrates the pitfalls of ad hoc law-making, in other words, the frequent amendments to the laws and implementing regulations for both the naturalization and declaration programs have created confusion as to who qualifies as a beneficiary and has dampened their potential effect. Special Naturalization Program (2004 – 2007) The first program was adopted pursuant to the Linas-Marcoussis Agreement. Law No. 2004-663 of 17 December 2004 created the “special and exceptional” naturalization program; two presidential decisions were adopted in 2005 that modified the program; and an implementing decree was finally published in 2006, which established a one-year deadline through 2007 for the validity of the program. According to the Ministry of Justice’s records, between 2005 and 2007, 540 naturalization decrees were signed, granting Ivorian nationality by naturalization to 773 adult petitioners and 557 minor children. The table below summarizes the relevant provisions of the legal evolution of the Linas-Marcoussis naturalization program, highlighting the scope of beneficiaries, the relevant procedures, and commenting on the potential legal effect of naturalization. Most importantly, this table demonstrates how Ivorian lawmakers, and the President in his lawmaking capacity, struggled to define those who should benefit from this program. The intention had been to include the former beneficiaries of Articles 17-23 and Article 105 of the 1961 Nationality Code, which were abrogated when 1972 amendments took effect on 25 January 1973 or which expired in 1962 respectively. After several incomplete formulations, Article 1 of Decree No. 2006-76 properly articulated the full scope of intended beneficiaries. Special Naturalization Program (2004 – 2007) Date Title of Law or Summary of Relevant Provisions Regulation 17.12.2004 Law No. 2004-663 Beneficiaries “Article 2 – Are concerned by the present law: of 17 December (1) Persons aged less than 21 years old on the 2004 regarding day of 20 December 1961 and born in Côte special d’Ivoire to foreign parents; naturalization (2) Persons who had their habitual residence provisions without interruption in Côte d’Ivoire prior to 7 August 1960.” Procedures  Submit an application to naturalize addressed to the President of the Republic on ordinary paper mentioning the person’s nationality of origin that he or she renounces, accompanied by two ID photos, a full copy of the person’s birth certificate or proof of late birth registration (jugement supplétif), all documents proving residence in Côte d’Ivoire and those attesting to any acquired qualifications or titles, along with a criminal record check.  Furthermore, an applicant would need to submit an affidavit of an administrative investigation established in the village or town of residence 68