8.3. ANNEX III: Evolution of Legal Framework on Identification of Ivorian Nationals and Foreigners Under Ivorian law, a nationality certificate is the only document that proves Ivorian nationality, but a national identification (ID) card is required for all administrative matters vis-à-vis public authorities. The foundational identification law of 1962 placed authority with police officers and administrative sub-prefectural officials to issue national ID cards. Furthermore, the law left it in their discretion to determine whether they instinctively accepted a person’s Ivorian nationality, or questioned a person’s nationality to require presentation of a nationality certificate. This system began to change in 1990. After the rise of Ivoirité, two laws in 1998 and 2000 changed course, requiring the presentation of a nationality certificate among other documents to obtain a national ID card. National ID cards (of a green color) were issued pursuant to this law requiring presentation of nationality certificates between November 1998 and January 2000. The coup of December 1999 brought the production of national ID cards to a halt and the identification system remained dysfunctional for a decade. For example, a 2002 law reintroduced a high level of discretion on the part of identification agents to distinguish between “Ivorians by origin” and others who acquired Ivorian nationality, but this law was never implemented in practice. The Ouagadougou Political Agreement of 2007 called for the eventual creation of an “ordinary identification process” which would systematically require presenting a birth certificate and nationality certificate, but agreed in the interim to the political compromise of issuing new national ID cards on the basis of birth certificates alone for the purpose of the 2010 elections. The ordinary identification process foreseen by the APO has been underway since July 2014, requiring nationality certificates to obtain national ID cards. The table below provides a practical overview of the evolution of Côte d’Ivoire’s laws and regulations governing the identification of Ivorian nationals and foreigners. Date 20.2.1962 Title of Law or Regulation Law No. 62-64 of 20 February 1962 enacting the National Identity Card 13.06.1962 Circular No. 1138 of 13 June 1962 Decree No. 67-86 of 10 March 1967, establishing implementing measures for Law No 62-64 10.3.1967 23.5.1990 Decree No. 90-370 of 23 May 1990 (modified Decree No. 67-86 of 1967) 29.5.1990 Law No. 90-437 of 29 May 1990 relative to the Entry and Stay of Foreigners in Côte d’Ivoire Commentary  Established that all Ivorian nationals 15 years or older can establish their identity vis-à-vis public authorities only with a “National Identity Card” (CNI).  CNI to be valid for 10 years.  Modalities for issuance of CNI to be set by decree.  Created identity cards for foreigners present in Côte d’Ivoire.  Required all those who apply to obtain a CNI to produce a birth certificate to establish identity.  Did not require that all individuals present a nationality certificate to prove identity; rather, this was at the discretion of identification agents only “where it appears necessary to identify the nationality of the applicant” (Article 5).  Created the “Projet Sécurité” (Security Project) to digitize ID documents with more security measures.  In October 1990, the Security Project began issuing residency permits (cartes de séjour) for foreigners and new national ID cards to Ivorians, which were printed on green paper and laminated pursuant to specific instructions.  This second generation of CNIs came to be known as “cartes d’identité vertes” or green ID cards, also referred to as “cartes d’identité Bédié” to distinguish them from the first generation of yellow-colored ID cards, also known as the “carte d’identité Houphouët.”  Article 1 defined foreigners as all individuals who are not Ivorian nationals, whether they have a foreign nationality or no nationality (are stateless).  Article 6 required that all foreigners present in Côte d’Ivoire longer than three months possess a carte de séjour 74