to foreigners. The Interministerial Circular explicitly discusses statelessness avoidance in these
scenarios:
Verifying points (a) and (b) [requiring documentary proof of possession of another
nationality upon submission of a declaration to either decline acquisition of Ivorian
nationality or to renounce Ivorian nationality upon acquisition of a foreign nationality
through marriage] will permit the Minister of Justice to refuse to register the declaration if it
is established that the person concerned who is declining to acquire or renouncing Ivorian
nationality, but who neither preserves nor acquires a foreign nationality, will become
stateless.101
That the legislative history of the 1961 Nationality Code and its implementing regulations
make two references to statelessness102 indicates that the Ivorian legislators and Ministry of Justice
officials at the time were aware of the phenomenon of statelessness, or at least the predominant
practice at that time of avoiding statelessness in the context of nationality changes incurred through
marriage. It can therefore be inferred that the Ivorian legislators did not intend to adopt safeguards
against statelessness in any other domain.
Having acceded to both the 1954 Convention relating to the Status of Stateless Persons and
the 1961 Convention on the Reduction of Statelessness in 2013, Côte d’Ivoire is obligated to review
its national legislation and bring it in compliance with the international standards contained in these
treaties.103 Although Article 3 of the Nationality Code establishes that provisions on nationality
contained in international treaties to which Côte d’Ivoire is party can be directly applied, even if they
contradict domestic legislation, this has proven impossible to implement in practice in the absence
of formal amendments to the laws.
With respect to the 1961 Convention on the Reduction of statelessness, Côte d’Ivoire must
amend the Nationality Code to incorporate a number of important principles from that treaty. For
example, Article 1 of the 1961 Convention requires States to grant nationality to children born in
their territory if they would otherwise be stateless. This grant of nationality can occur at birth by
operation of law or upon application. The 1961 Statelessness Convention allows States to adopt
some conditions in this regard. For example, States can require that stateless children born in their
territory have had habitual residence to acquire nationality. Note, however, that the treaty allows
the condition of habitual residence, but that it does not allow States to require legal residence.104 As
such, when incorporating this principle into national law, Côte d’Ivoire will need to review Article 39
of the Nationality Code to either exempt stateless persons from this requirement, or revise the
requirement for the benefit of others.
Article 2 of the 1961 Convention requires: “A foundling found in the territory of a
Contracting State shall, in the absence of proof to the contrary, be considered to have been born
within that territory of parents possessing the nationality of that State.” The original language of
Article 9(2) of Côte d’Ivoire’s 1961 Nationality Code read in conjunction with the Interministerial
101
Circulaire Interministérielle No. 31/MJ/CAB 3 du 25 avril 1962 (1), Section 2.
The first reference to statelessness in the available legislative history was made during the deliberations of
the Committee on General and Institutional Affairs where it was posited that Article 6 did not allow children of
stateless parents born in Côte d’Ivoire to acquire Ivorian nationality by origin. See discussion in Section 3.1.2.
103
Côte d’Ivoire’s Nationality Code is already in compliance with the 1961 Statelessness Convention with
respect to Article 4 and Article 7(3) of that treaty, in that its jus sanguinis regime grants Ivorian nationality to
all children born abroad to at least one Ivorian parent, and does not foresee loss of nationality for residence
abroad.
104
UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through
Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, HCR/GS/12/04, 21 December 2012, para.
41.
102
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