nationality systems and the potential consequences of a growing population without legal ties to the
country in which they live or to any State?
3. Analysis of Côte d’Ivoire’s Nationality Laws and their Implementation in Practice
Côte d’Ivoire’s foundational 1961 Nationality Code,53 which remains in force today, has been
amended by no less than four laws enacted by the Ivorian parliament, as well as two presidential
decisions.54 Furthermore, an exceptional and temporary naturalization regime was established
pursuant to two laws adopted by the Ivorian parliament in 2004, and two presidential decisions
taken in 2005. Finally, a 2013 law established a special, temporary program to facilitate the
acquisition of nationality by declaration.
Practical implementation of Ivorian laws is defined through decrees, which are prepared by
relevant Ministries of the executive government, approved by the Council of Ministers, and
published in the Official Journal (Journal Officiel). Another layer of practical instructions comes from
relevant Ministries in the form of circulars (circulaires) or orders (arrêtés). To understand the full
scope of Côte d’Ivoire’s nationality laws, it is imperative to examine and take all accompanying
decrees and administrative regulations into account. Annex I provides an overview list of the laws,
presidential decisions, and some regulations that have amended and complemented the 1961
Nationality Code.
This section is divided into two parts. The first part highlights the choices made in the 1961
Nationality Code to privilege Ivorian nationality by origin and to create a separate regime for
acquisition of Ivorian nationality for foreigners before outlining the amendments made to the 1961
Nationality Code over time. The second part turns to an analysis of Côte d’Ivoire’s nationality laws
that are currently in force, providing observations and distinctions between the letter of the laws
and how they are implemented in practice.
3.1. The 1961 Nationality Code and an overview of its evolution
From its inception, the Ivorian Nationality Code has foreseen two main ways that a person
can be an Ivorian national. On the one hand, a person can be an Ivorian by virtue of the automatic
attribution of Ivorian nationality through nationality by origin (l’attribution de la nationalité
ivoirienne à titre de nationalité d’origine). The 1961 Nationality Code foresaw attribution of
nationality by origin to three groups: anyone born in Côte d’Ivoire unless both parents were
“foreigners,” to anyone born outside Côte d’Ivoire to at least one Ivorian parent; and to children of
unknown parents found in Côte d’Ivoire.
On the other hand, an individual can acquire Ivorian nationality through one of three modes
of acquisition. At the time of Ivorian independence, the 1961 Nationality Code included the
following modes of acquisition of Ivorian nationality: (1) acquisition of Ivorian nationality by
operation of law (acquisition de plein droit), applying to children adopted by Ivorian nationals and
foreign women marrying Ivorian nationals; (2) acquisition of Ivorian nationality by declaration,
applying to several categories of minor children born in the country; and (3) acquisition of Ivorian
53
Loi No. 61-415 du 14 décembre 1961 portant Code de la nationalité ivoirienne. This law was published in the
Official Journal on 20 December 1961. Its implementing decree, Décret No. 61-425 du 29 décembre 1961
portant application du Code de la nationalité ivoirienne, was published in the Official Journal on 18 January
1962.
54
These, and subsequent presidential decisions on nationality carry the force of law as they were passed in
conformity with Article 48 of the Constitution, which grants the President law-making power in exceptional
circumstances.
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