of her birth to obtain a jugement supplétif? If not, are there other community members who could
testify to help obtain a jugement supplétif? Has she lived in the same community her whole life or
has she moved around much within Côte d’Ivoire?168
These hypotheticals help clarify that by requiring that applicants proffer birth certificates,
the Ivorian authorities are favoring those who not only present lower risks of statelessness, but are
less likely to be stateless because a birth certificate could be used otherwise to potentially establish
the automatic acquisition of nationality based on descent of their country of origin. Ultimately, this
argues in favor of finding solutions, even on a bilateral basis, for late birth registration to those who
need it the most.
Finally, field observations of how the rules related to the acquisition of nationality by
declaration program were implemented in practice revealed that at least some people who fall
within the three categories of potential beneficiaries were unable benefit from the program because
they cannot provide documentary evidence either required by law or in practice by local officials.
For example, one elderly man in Guiglo in western Côte d’Ivoire had a birth certificate
confirming the date and place of his birth in Haute Volta and his parentage. He testifies that he was
subject to forced displacement and labor prior to independence; but he only has documentation
confirming his presence in Côte d’Ivoire starting in 1961. The local prefecture officials refused to
accept his application to acquire Ivorian nationality through declaration as a result of lack of proof of
presence in Côte d’Ivoire in 1960 and prior years. This man possesses a birth certificate from Haute
Volta, has maintained ties with Burkina Faso, and already obtained a new biometric Burkinabè
consular card issued this year. This is a case that demonstrates: (1) that there are certainly people
who would qualify to acquire Ivorian nationality by declaration if some of the documentary
requirements were eased (or if testimonial evidence had been allowed explicitly by law); and (2)
nevertheless the risk of statelessness for such persons is potentially low provided they have a birth
certificate.
Interviews also revealed that contradictory information contained in various legal texts and
public information materials as to the descendants of which categories of beneficiaries can apply
dampened the submission of applications. This is illustrated in the case of three brothers, all born in
Côte d’Ivoire in 1983, 1992, and 1998 to Burkinabè parents. Their Burkinabè father was born in
1929 in Haute Volta and had immigrated to Côte d’Ivoire prior to independence and lived there until
his death eight years ago. The brothers have copies of their father’s birth certificate, death
certificate and an official employment document proving that their father worked in Côte d’Ivoire
between 1961 and 1989 for the same agricultural collective (done to calculate his pension). Having
been born after 1973, none of these men qualify themselves as direct beneficiaries of the
declaration program.
The elder brother approached the First Instance Court in Guiglo as well as the Guiglo SubPrefecture to apply to acquire nationality by declaration as a descendant of a beneficiary. Both
authorities refused to accept his application. Putting aside difficulties in documenting their father’s
presence in Côte d’Ivoire in 1960 and years prior, this case demonstrates the confusion that existed
as to which descendants can acquire nationality by declaration based on their filiation.169
168
This last question is important because someone who has lived permanently with the same community is
more likely to find witnesses to testify to the circumstances of her birth. The more detached a person is from
the community of her birth, the more difficult it becomes to provide accurate information to obtain a
jugement supplétif that would prove filiation for the purposes of acquiring nationality.
169
These men would seem to qualify as beneficiaries in the second category identified pursuant to Article 2 of
Law 2013-653: “Persons having had their habitual residence without interruption in Côte d’Ivoire prior to 7
August 1960 and their children born in Côte d’Ivoire,” or under Article 1 of Decree No. 2013-848, which states
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