3.1.3. Two avenues for integrating “foreigners” and their descendants into the
Ivorian citizenry
The founding Ivorian legislators foresaw two special avenues for those deemed “foreigners,”
i.e. those not born in Côte d’Ivoire who migrated to Côte d’Ivoire, and their descendants born in
Côte d’Ivoire, to acquire Ivorian nationality.
3.1.3.1. Special naturalization procedure
Article 105 of the 1961 Nationality Code created a special naturalization procedure for
foreigners with habitual residence in Côte d’Ivoire prior to independence. This was available for
one-year. Those naturalized through this procedure could be exempted from the temporary
restrictions (incapacités) placed on naturalized persons. The ability to take advantage of the Article
105 special naturalization procedure automatically lapsed by December 1962. This facilitated
naturalization procedure remained, however, a non-automatic and discretionary procedure that
required individuals to apply to naturalize subject to conditions of naturalization pursuant to the
law. Not one person acquired Ivorian nationality through this special naturalization procedure that
was available for a one-year window. This article has never formally been abrogated and is still
contained in the Nationality Code.
3.1.3.2. Nationality by declaration
Articles 17-23 of Title III, Chapter I, Section 2, of the 1961 Nationality Code set forth a
procedure for acquisition of nationality by declaration, which is a matter of right rather than one of
the discretion of public authorities, such as naturalization. Article 17 defined the beneficiaries:
A minor child born in Côte d’Ivoire to foreign parents, can claim Ivorian nationality by
declaration according to the conditions fixed in Articles 7 and following, if at the time of his
or her declaration, he or she demonstrates at least five consecutive years of habitual
residence in Côte d’Ivoire and if proof of his or her birth is made to the exclusion of any
other mode of proof.
In practice, this article encompasses two categories of individuals. First, it includes anyone
born in Côte d’Ivoire to foreign parents who had not yet attained majority at the time the Nationality
Code entered into force on 20 December 1961. At the time, Article 2 of the 1961 Nationality Code
set the age of majority at 21 years of age. In other words, anyone born in Côte d’Ivoire to foreign
parents between 19 December 1940 and 19 December 1961 could have requested to acquire Ivorian
nationality by declaration provided the five-years of habitual residency requirement was met and
the application to acquire Ivorian nationality by declaration was submitted before reaching majority.
Second, Article 17 also allowed that any child born in Côte d’Ivoire to foreign parents after the 1961
Nationality Code entered into force could submit a request to acquire Ivorian nationality by
declaration provided the five-year residency requirement was met and an application for acquisition
of nationality by declaration was submitted before reaching the age of majority.
Côte d’Ivoire was the only country of former French West Africa that did not incorporate a
provision for double jus soli, whereby a person born in the country of one parent also born there is
automatically attributed nationality by origin. This was also in contrast to neighboring West African
child born to stateless parents born in the country could acquire Ivorian nationality by origin. Decottignies and
de Biéville, supra note 19, p. 177. That the Ivorian authorities have never implied a safeguard against
statelessness through the granting of Ivorian nationality by origin to children of stateless parents born in Côte
d’Ivoire in practice, lends support to the view expressed during the legislative deliberations, that stateless
persons are to be considered as “foreigners” under Article 6.
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