the sole legal text defining who is “Ivorian” going forward. Furthermore, any review of Articles 6-9
governing Ivorian nationality by origin must reintroduce a safeguard against statelessness for
foundlings in line with Côte d’Ivoire’s obligations under the 1961 Statelessness Convention.
3.2.2. Acquisition of nationality as a matter of right: adoption or marriage
Acquisition of nationality as matter of right (de plein droit), is one of three modes of
acquiring nationality set out in Title III of the Ivorian Nationality Code. It can be achieved either for a
child who is adopted by at least one Ivorian parent (Article 11) or through marriage (Articles 12-16).
With respect to marriage, pursuant to the Nationality Code as most recently amended in this
regard in 2013, both a woman and a man of foreign nationality marrying an Ivorian acquires Ivorian
nationality automatically at the time of a civil marriage ceremony (Article 12).79 A foreign spouse,
however, who wishes to conserve his or her nationality of origin, retains the ability to decline the
acquisition of Ivorian nationality if declared prior to the civil marriage ceremony (Article 13).80
Despite the Ivorian legislators’ best intentions to streamline acquisition of Ivorian nationality
through marriage, the automatic conferral of nationality upon marriage might be counter to the free
will of the foreign spouse.81 It is also worth examining whether the automatic grant of Ivorian
nationality upon marriage is easy to administer.82 Most significant, however, is the fact that very
few people will be affected by these nationality provisions, given that so few marriages are
celebrated in accordance with civil law. The partial results of the 2014 census revealed that only
8.4% of all marriages were conducted before civil registrars in accordance with laws.83 Questions
can be raised as to the advantages and disadvantages of the current law’s inclusive provision that
liberally grants Ivorian nationality automatically upon civil marriage ceremonies or relying on the
affirmative expression of free will of a foreign spouse, which might change in time over the course of
a marriage, to acquire Ivorian nationality by option.
3.2.3. Acquisition of nationality by declaration
The possibility of acquiring Ivorian nationality by declaration as originally foreseen in Articles
17-23 of the 1961 Nationality Code, though abrogated in 1972, was revived for a limited two-year
period starting 24 January 2014 as established by Law No. 2013-653 of 13 September 201384 and its
implementing decree and administrative regulations. The modalities pertaining to this exceptional
program are described in detail in Sections 3.1.4 above and Annex II.
79
Several laws and presidential decisions in 2004 and 2005 (listed in Annex I) addressed the issue of
acquisition of nationality by marriage, in particular, by creating a system in which a foreign spouse did not
automatically acquire Ivorian nationality at a civil marriage ceremony, but rather had to opt, through a solemn
declaration undertaken at the civil marriage ceremony, to acquire Ivorian nationality. The 2013 law restores
the system of automatic conferral of Ivorian nationality upon marriage as was foreseen by law until 2004.
80
The Ivorian government can oppose, by decree, the acquisition of Ivorian nationality by a foreign spouse
within six months of the time of the civil marriage ceremony in Côte d’Ivoire (Article 14) or of the time a
marriage abroad is registered by Ivorian diplomatic or consular authorities (Article 15). A foreign spouse does
not acquire Ivorian nationality if the marriage is declared null and void.
81
This would be the case, for example, for a foreign spouse who was unaware of the automatic acquisition of
Ivorian nationality upon marriage who wishes to conserve his or her nationality of origin (and does not wish to
have dual nationality), but fails to make a declaration declining Ivorian nationality at the time of marriage.
82
Effective implementation of the law and ensuring that the will of a foreign spouse is respected requires
training of civil registrars regardless of whether oaths are taken to acquire or decline Ivorian nationality.
83
INS, supra note 1, p. 3.
84
Loi No. 2013-653 du 13 septembre 2013 portant dispositions particulières en matière d’acquisition de la
nationalité par déclaration.
22