countries that emerged from British colonial rule, which all allowed for a person born in the country
of one parent also born there to become a national automatically at independence.67
3.1.4. Overview of Nationality Code amendments and special nationality programs
Significant amendments to the 1961 Nationality Code were adopted by the Ivorian
parliament in 1972.68 This was prompted by two motivations. The first objective was to harmonize
various provisions with a new Judiciary Act69 and numerous civil laws on the family and age of
majority, which were adopted since 1964 and which impacted on the formulation of several
provisions of the 1961 Nationality Code.70
The second objective of the 1972 amendments to the 1961 Nationality Code was to revoke
the possibility of acquiring nationality by declaration, thereby abrogating Articles 17-23 from the
Nationality Code.71 The reasons for this change are described in the Explanatory Memorandum to
the 1972 law72 as follows:
The interest in assimilating foreigners residing in the territory as soon as possible in order to
avoid the loss of population led the legislature to adopt a very liberal nationality policy…
After applying the [1961 Nationality] Code for ten years, it has appeared necessary to
consider amendments and modifications to certain provisions in order to… correct the
excessive liberalism in matters of acquisition of nationality by way of declaration, which is
not without its inconveniences.
The Explanatory Memorandum to the 1972 amendments elaborated further:
It may seem risky, in some respects even dangerous, to keep the combination of birth in
Côte d’Ivoire and residence as a means of attributing nationality to minor children born to
two foreign parents, when it is not certain that these minor children are fully assimilated
into the Ivorian community or whether they will keep this nationality at majority, given that
their parents themselves retain their other nationality of origin. This is why this present law
opts to suppress this mode of acquisition of Ivorian nationality.
The amendments also repealed the second sentence of Article 9 of the 1961 Nationality
Code, which created the presumption of birth in Côte d’Ivoire of foundlings and entitled them to
acquire Ivorian nationality by origin.73 Going forward, nationality by origin has only been available to
children born in Côte d’Ivoire or abroad to at least one Ivorian parent under Articles 6 and 7.
67
Manby, supra note 13.
Loi No. 72-852 du 21 décembre 1972, portant modification du Code de la nationalité ivoirienne. For a
complete list of laws, presidential decisions, and regulations that amended and complemented the 1961
Nationality Code, see Annex I. This law was published in the Official Journal on 25 January 1973 and therefore
the amendments made to the 1961 Nationality Code entered into force on that day.
69
Loi No. 64-227 du 14 juin 1964 sur l’organisation judiciaire. This law required that changes be made to
Articles 57, 77, 78, 80, 81, 82, 85, 93, 97, 99, and 100, as well as the abrogation of Article 103 of the 1961
Nationality Code in order to reflect the new organization of the court system, with most nationality matters
handled by the local Courts of First Instance (Tribunaux de Première Instance) where an individual lives.
70
Articles 2, 6, 7, 11, 12, 30, 45, and 49 were redrafted and Article 47 and a section of Article 28 were
abrogated.
71
The abrogation of the articles pertaining to acquisition of nationality by declaration further led to
amendments to Articles 57 and 62, as well as the abrogation of Article 61.
72
Exposé des Motifs du Projet de Loi de 1972 portant Modification du Code de la nationalité de 1961, présenté
par le Président de la République, 1972 (on file with author).
73
The motivations behind this amendment were not addressed in the Explanatory Memorandum to the law.
Additionally, the 1972 amendments abrogated Article 10 of the 1961 Nationality Code, which stated that
children of foreign diplomats were exempt from the provisions relating to children of foreigners in Articles 6-9.
68
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