the basis of disability (Article 18(a) CRPD) and gender (Article 9(2) CEDAW). Finally, Article 8 of the 1961 Convention sets out a general prohibition of statelessness as a result of nationality deprivation. 9. The Constitution and the Nationality Code of Côte d’Ivoire explicitly provide that the international agreements to which the country is party have, subject to certain reservations, primacy over its national law.5 History of statelessness in Côte d’Ivoire 10. Côte d’Ivoire has a long migrant-receiving history from neighboring countries, both pre and postindependence. After independence, liberal immigration policies and large numbers of migrants contributed to economic welfare through the exploitation of natural resources under the president Houphouët-Boigny administration. These policies ensured that immigrants were treated equally as citizens as they contributed to the country’s welfare. This also resulted into more flexible nationality laws. Côte d’Ivoire’s original Nationality Code of 1961 comprised of both jus sanguinis and jus soli components in its provisions on acquisition of nationality – meaning that one could acquire citizenship both by descent and by birth on the territory. It is important to emphasise that, despite the existence of the jus soli provision, the jus sanguinis provision was legally preeminent. According to the Code, all persons born in the country could acquire Ivorian nationality, unless both parents were foreigners. Thus, the nationality of the parents took precedence over the place of birth. However, many immigrants could exercise their right to Ivorian nationality under Houphouët-Boigny’s regime as this provision was not implemented strictly.6 11. Côte d’Ivoire’s immigration policies became less tolerant when the economic crises hit the country in the 1980s. They changed radically in the 1990s when Bedié succeeded Houphouët-Boigny after the latter passed away. Bédié grew hostile towards foreigners, becoming the founder of what would become known as the policy of “Ivoirité”. Legal history and the 1961 nationality code implied that only children of parents born in Côte d’Ivoire prior to independence merited the privileged status of Ivorian nationality by origin at independence, excluding generations of immigrants who do not know any other country as their home from Ivorian citizenship.7 12. The outbreak of civil war in 2002 led to mass displacement. Those who returned after the civil war ceased were deemed ‘foreigners’, facing barriers to acquire Ivorian nationality. Other issues of statelessness, in particular childhood statelessness, arose as a result of amendments made to the 1961 nationality code over the course of 52 years of its adoption. In 1972, Côte d’Ivoire reformed its foundational 1961 nationality law, removing the statelessness safeguard that had been in place for foundlings. Other reforms also minimised the options under which children could acquire nationality based on birth in the territory. 5 Art. 3 du Code de la Nationalité : Les dispositions relatives à la nationalité contenues dans les traités ou accords internationaux dûment ratifiés et publiés s’appliquent, même si elles sont contraires aux dispositions de la législation interne ivoirienne. Art. 123 de la Constitution de 2016: Les traités ou accords régulièrement ratifiés ont, dès leur publication, une autorité supérieure à celle des lois, sous réserve, pour chaque traité ou accord, de son application par l’autre partie. 6 UN High Commissioner for Refugees (UNHCR), Statelessness and Nationality in Côte d'Ivoire - A Study for UNHCR, December 2016, p. 3, available at: http://www.refworld.org/docid/58594d114.html. 7 UN High Commissioner for Refugees (UNHCR), Statelessness and Nationality in Côte d'Ivoire - A Study for UNHCR, December 2016, p. 16, available at: http://www.refworld.org/docid/58594d114.html. 3