Linas-Marcoussis Agreement. This would require awareness-raising and public education for
potential beneficiaries, as well as for prefectural authorities at the frontlines of receiving
applications to transfer to the Ministry of Justice for treatment. The naturalization process should
be rendered less discretionary and subject to transparent appeals.
With respect to addressing statelessness, as a new State party to the statelessness
conventions, Côte d’Ivoire must begin a strategic process of ensuring the respect of its treaty
obligations at the national level. This will involve: (1) undertaking legislative reform to ensure that
Ivorian nationality law incorporates mandatory safeguards against statelessness that are currently
absent from positive laws and procedures; (2) developing a legal framework for the protection of
stateless persons in its territory with access to naturalization; (3) better identifying the scope and
scale of the statelessness phenomenon in the country; and (4) undertaking the most appropriate
measures to resolve statelessness and reduce the risks of statelessness among identified
populations. Promptly resolving the issue of statelessness among children of unknown parents
should be of utmost priority, by undertaking legislative reform to affirm their right to acquire Ivorian
nationality and accompanying regulations and public-awareness efforts to ensure that this rule is
implemented in practice as soon as possible and with retroactive effect.
The twin issues of migrant integration and statelessness in Côte d’Ivoire are not just
problems at the national level, but at the regional level as well. Any effective response to both will
require efforts not only on a bilateral basis between Côte d’Ivoire and a number of its neighboring
States, but also coordinated efforts at the regional level. What role can the concept of ECOWAS
citizenship potentially play in filling the protection gaps related to migrant exclusion and
statelessness? What measures can ECOWAS undertake to ensure that ECOWAS citizens’ rights –
such as those related to non-discrimination and due process of law – are respected? Regional
progress on these questions, particularly through implementation of the measures undersigned in
the Abidjan Declaration, is sure to aid Côte d’Ivoire in responding to statelessness, as well as in
respecting the rights of foreigners within its borders. As the country with the largest statelessness
problem in the region identified thus far and as one of the regional pioneers in acceding to the two
statelessness conventions, Côte d’Ivoire has rightly assumed a leadership role in pushing the
conversation forward at the regional level and must continue to do so.
This report has shed light on a number of other important lessons for the way forward. Côte
d’Ivoire cannot proceed to make piecemeal addendums to its Nationality Code. Adopting countless
amendments to its laws weakens their value by rendering their implementation complex. Rather,
Côte d’Ivoire must embark on a comprehensive review, reform, and streamlining of its nationality
system, encompassing the laws and implementing regulations pertaining to nationality, civil status
and identification.
The bedrock for prevention and reduction of statelessness for Côte d’Ivoire and the region
lies in an accessible and reliable civil status system. Investment in a comprehensive and systemic
modernization of the country’s civil status system is essential to contribute to the fight against
statelessness while at the same time guaranteeing a fundamental tool for child protection and
promoting other development and human security objectives.
How can Côte d’Ivoire avoid descending again into episodes of violence based on
xenophobic and restrictive nationality-based rhetoric? Now is the time to begin a frank national
discussion that embraces the complexity of the country’s history pertaining to nationality, civil status
and identification, sheds candid light on the disconnect between law and practice in these areas, and
once and for all engages in a transparent elaboration of feasible rules for the Ivorian context that are
endorsed in a democratic manner and implemented in accordance with the rule of law. Civic
education and public participation in this process will be key.
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