impact on communities living in the country since the colonial times, those affected inevitably feel
alienated and indefinitely marginalised from mainstream society, undermining social cohesion.
35. Statelessness also has a direct impact on national peace and security. Recent crises were largely
fuelled by nationalist discourses and by identity politics. This led to, for example, the Linas-Marcoussis
Agreement which Ivorian parties signed in 2003, which acknowledged the identity aspect of the crisis
and requested the creation of a special programme to facilitate the acquisition of Ivorian nationality
by historical migrants and their descendants. However, such a programme is yet to materialise.
Recommendations
36. Based on the above analysis, the co-submitting organisations urge reviewing States to make the
following recommendations to Côte d’Ivoire:
I.
Fully promote, respect, protect and fulfil its obligations towards stateless persons under
international human rights law and protect the right to a nationality for all.
II.
Review the Nationality Code in order to:
a. Ensure full implementation of the 1961 Statelessness Convention and Article 7 of the CRC,
by establishing safeguards against statelessness for all children born in the territory,
including otherwise stateless children born in the territory to foreign parents.
b. Provide clarification on who is considered a “foreigner” as set out in Article 6 of the 1961
Nationality Code; and
c. Ensure that foundlings are guaranteed the right to a nationality, as required under
international law.
III.
Establish specific procedures to assess the nationality/ statelessness status of historical
migrants and of others at risk of statelessness, and to grant citizenship to persons who would
otherwise be stateless.
IV.
Strengthen the capacity of the judiciary to adjudicate nationality cases so that individual cases
of statelessness may be resolved.
V.
Remove all discrimination in the nationality law, including on the basis of gender in relation
to conferral of citizenship on children by naturalised women, and disability in relation to the
standard naturalisation criteria.
VI.
Ensure free universal birth registration. Take all necessary steps to address barriers to
accessing birth registration, particularly by simplifying procedures, reducing the cost of
producing and accessing documents, cracking down on corruption, training administrative
officers and harmonising administrative practices regarding birth registration.
VII.
Ensure that provisions for the withdrawal of nationality as set out in Article 52-55 of the 1961
Nationality Code are clearly defined, not arbitrary or discriminatory, are in compliance with
international law standards and do not result into statelessness.
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