Ivorian government to resign from this post, unless the concerned individual proves the impossibility
of resigning from this post. The loss becomes effective after six months from the injunction through
the adoption of a decree declaring automatic loss of Ivorian nationality for the person concerned.
Although the Nationality Code classifies Articles 52 and 53 as instances of loss of nationality, they
technically represent instances of deprivation of nationality in that they occur at the discretion of
the government and with no safeguards against statelessness.
3.2.9. Deprivation of nationality
Anyone who acquires nationality by any mode (as opposed to Ivorians by origin) can be
deprived of their Ivorian nationality pursuant to Article 54 for any of the following four reasons: (1) if
the person is convicted of any crime or infraction against the internal or external security of the
State; (2) if the person is convicted of any act qualified as a crime or infraction against institutions;
(3) if the person engages in any acts, to the benefit of a foreign State, that are incompatible with
being Ivorian and prejudicial to the interests of Côte d’Ivoire; and (4) if the person is convicted in
Côte d’Ivoire or abroad of an act qualified as a crime by Ivorian law and that would result in a
sentence of at least five years’ imprisonment. Deprivation of nationality, however, can only occur if
the proscribed acts happen within 10 years of the time an individual acquires Ivorian nationality and
within two years of the commission of the proscribed offense (Article 55).
Deprivation of nationality can also be extended to the relevant person’s spouse and minor
children on the condition that these family members are of foreign nationality and continue to
retain their foreign nationality after having acquired Ivorian nationality (Article 56).
3.2.10. Proving nationality before Ivorian courts and certificates of nationality
Civil law courts have jurisdiction to preside over nationality matters in Côte d’Ivoire (Article
77). Questions of a person’s status as an Ivorian national or as a foreigner are considered matters of
“public order” and anyone can bring a claim to prove his or her Ivorian nationality before the court
with jurisdiction over the place of his or her birth, or in Abidjan, should someone be born outside of
Côte d’Ivoire (Articles 78, 80). Ivorian public prosecutors represent the interests of the State, in
defending or challenging an individual’s nationality, though third parties can intervene (Articles 82,
83, 84).
Article 89 of the Nationality Code addresses matters of burden of proof before courts on
nationality matters. In general, this burden lies with the person bringing a claim to prove or disprove
Ivorian nationality. However, possession of a certificate of nationality creates a presumption of the
Ivorian nationality of the titleholder. A party who contests the Ivorian nationality of a person in
possession of a nationality certificate would then bear the initial burden of proof.
Proof of nationality can be proffered by various means depending on the mode of
acquisition of Ivorian nationality. For those who acquire nationality by declaration, a copy of the
registered declaration constitutes proof of this act, although the authenticity of such a document
can be contested by the public prosecutor (Articles 63, 83). For an individual who reacquires
nationality or acquires nationality through naturalization, a copy of the relevant decree or a copy of
the Official Journal in which the decree was published can serve as proof (Article 92).
Certificates of nationality remain the primary form of proof of Ivorian nationality. They can
only be delivered by the Presidents of Courts of First Instance, a designated magistrate, or a local
judge to persons who meet the burden of establishing their Ivorian nationality (Article 97).
Certificates of nationality must cite the legal provision according to which an individual qualifies as
an Ivorian national, whether nationality by origin or specifying the mode of acquisition of nationality.
According to Article 98: “[A certificate of nationality] is authoritative until proven otherwise.”
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