the many minor children of the 8,133 naturalized persons of Burkinabè origin in Bédié’s collective
decree who also acquired subsidiary Ivorian nationality by naturalization pursuant to Article 45, are
not accounted for in the “total” figure of 32,819 in the Ministry of Justice’s official database.
Previously in 2010, the Ministry of Justice conducted a manual count not only of the
naturalization decrees published in the Official Journal, but also of the records of the Ministry of
Justice’s naturalization service, which has issued administrative attestations affirming the
naturalization of individuals, particularly children who benefit from subsidiary naturalization through
their parents. This review yielded an estimate that 92,760 individuals possessed Ivorian nationality
by naturalization at that time (2010).
Côte d’Ivoire’s population censuses are another independent source for estimates of the
size of the naturalized population given that the censuses consider “naturalized” as an Ivorian ethnic
category. Côte d’Ivoire’s 1998 census classifies 88,714 people as naturalized Ivorian nationals,
representing 0.8% of the Ivorian population at that time. The partial results of the 2014 census
revealed that naturalized persons constitute only 0.6% of the total Ivorian population, or
approximately 136,027 people.89
In sum, there are enormous obstacles that prevent naturalization from playing an effective
role in integrating foreigners into the Ivorian citizenry, as well as confusion regarding who is actually
naturalized. Despite efforts by the Ministry of Justice to create a digitized database of naturalization
decrees, naturalized persons in Côte d’Ivoire and their descendants are likely to continue to face
hurdles in proving their nationality status.
3.2.4.2. Reacquisition of nationality
The process of reacquisition of Ivorian nationality (known in French as réintégration) is
available to those who previously possessed this nationality and who lost or renounced it, for
example in order to acquire another nationality of a State which prohibits dual nationality, and wish
to have their Ivorian nationality reinstated. This is a discretionary, non-automatic procedure like
naturalization. Reacquisition of nationality is accorded by presidential decree after investigation
(Article 34) and upon proof of prior possession of Ivorian nationality (Article 36). Reacquisition of
nationality can occur at any age provided an individual maintains habitual residence in Côte d’Ivoire
at the time of request. Reacquisition of nationality, however, is excluded for anyone deprived of
Ivorian nationality (Article 37), unless that person renders exceptional services or presents an
exceptional interest to Côte d’Ivoire (Article 38).
3.2.5. Common requirements and effects of acquisition of nationality
Section 4 of Title III, Chapter 1 concludes with a number of common provisions applicable to
several modes of acquisition of Ivorian nationality. First, if residency is a condition of acquisition of
nationality, a person must have complied with all laws pertaining to the entry and stay of foreigners
in Côte d’Ivoire (Article 39).90 Second, any foreigner who is subject to an expulsion order or an order
of house arrest cannot acquire or reacquire Ivorian nationality in any manner, unless this order is
89
INS, supra note 1, p. 3.
In light of the changing rules regulating the stay and identity of foreigners in Côte d’Ivoire discussed in
Section 4.2, Article 39 of the Nationality Code’s requirement of lawful stay might represent a significant barrier
for acquisition of Ivorian nationality by foreigners. It presents a particular hurdle for stateless persons as
discussed in Section 3.2.11 below. It would, however, be interesting to see how stringently Article 39 is being
applied in the recent special program promoting acquisition of nationality by declaration in practice.
Regardless, future law reform should reconsider including explicit exceptions to this broad rule so as not to
otherwise exclude those deserving of acquiring Ivorian nationality from doing so in practice.
90
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