about the reliability of this methodology.200 This is even more the case in light of concerns about how each database developed and how nationality might have been evaluated differently in each. Despite these reservations, this methodology for elaborating the voter list was endorsed by the government. For the provisional voter list, 5,300,586 checked positive for appearing on the 2000 voter list or the merged database of Ivorian nationals (the “white list”); 49,682 appeared in the merged database of foreigners (the “black list”); and the remaining 1,033,985 failed to appear on either the 2000 voter list or the merged databases of Ivorian nationals and foreigners (“gray list”).201 The provisional voter lists were published at polling centers, though not in a consistent manner, and no explicit information about the “gray list” was made public.202 A phase for submission of disputes and appeals followed in a tense environment marked by the lack of transparency.203 The definitive voter list totaling 5,725,720 Ivorians was approved in September 2010 and certified by the UN’s Special Representative of the Secretary General in Côte d’Ivoire. After this review process, 601,322 persons remained on the “gray list.”204 Review and resolution of unresolved identification and voter registration cases on the “gray list” was suspended in the lead-up to the 2010 elections and remains unaddressed by the Ivorian government to this day.205 The Ivorian Ministry of Justice and National Identification Office (ONI) appear to consider that the cases of those on the “gray list” are resolved. This would mean that any Ivorian without personal documentation can now participate in the ordinary identification process to obtain a national ID card. Participating in the ordinary identification process does seem like the best way for those on the “gray list” – i.e. those who have self-identified as Ivorian and came forward to obtain national ID and voter cards confirming as much – to obtain a transparent determination of their Ivorian nationality status. At a minimum, however, due process requires that the Ivorian government inform those who were on the “gray list” of this fact.206 It is likely, however, that some individuals will appear before courts to obtain nationality certificates but will be determined not to be Ivorian nationals. This underscores that going forward, additional efforts must be undertaken to link Ivorian nationality determination before the courts with other procedures to assist individuals in having a foreign nationality confirmed or statelessness status identified. The advent of the ordinary identification system has finally brought the onus of Ivorian nationality determination before the courts, which is what has always been foreseen by the 200 The process of merging these databases was not transparent. It is still unknown what happened to individuals who might have been identified as Ivorian nationals in one database but as foreigners in another. Stanislas Djama, Croisement des Données: Soro demande des Réglages, Nord-Sud, 5 August 2009. 201 Commission Electorale Indépendante (CEI), Note d’Orientation Générale: Affichage de la Liste Electorale Provisoire 2009 et Gestion des Réclamations, November 2009. 202 Carter Center, Report #3 on Voter Verification, Claims and Objections of Provisional Voters List (NovemberDecember 2009), 1 February 2010. 203 It was unclear how decisions were ultimately made. Some violent clashes occurred where political partisans sought to remove people on the white list. Another cross-check resulted in the deletion of 55,948 individuals from the provisional list. EU Election Observation Mission, supra note 134. 204 Cabinet du Premier Ministre, Ministre de l’Economie et des Finances, supra note 45, p. 3. 205 In March 2013, the Prime Minister’s office issued a factsheet, describing those on the “gray list” as “petitioners whose citizenship could not be traced back to the historical databases [and] … petitioners who presented supporting evidence and proof that was deemed insufficient [to establish Ivorian nationality].” Cabinet du Premier Ministre, Ministre de l’Economie et des Finances, supra note 45, p. 3. 206 The National Democratic Institute recommended as much prior to the 2015 elections: “the 2010 final voter list… should rapidly be placed at the disposal of political parties and civil society (with the white, gray, and black lists) for their independent analysis.” National Democratic Institute, Evaluation du Cadre Juridique et Politique des Elections en Côte d’Ivoire, March 2014, p. 23. Unfortunately, this was not done. 55