Rather, Côte d’Ivoire must urgently adopt implementing legislation, including administrative
regulations addressed to courts, civil registrars, and social services agencies, to provide clear
instructions to reduce statelessness and the risk of statelessness among children, as well as children
who have now attained majority and are unable to prove their nationality due to their childhood
circumstances.
Statelessness can arise among various categories of vulnerable children. Some children are
orphaned when their parents die. Some parents simply abandon their children. This might be due
to cultural practices; for example, in some ethnic groups children born in a certain birth order are
said to bring bad luck and are abandoned. Disabled children are particularly vulnerable to being
abandoned by their parents at various ages.
Abandoned children and other children of unknown parents are highly unlikely to have their
births registered. Given the lack of ties to a community and the inability to prove parentage, it is
nearly impossible to legally establish the nationality of these children. Only a minority of abandoned
children are cared for in orphanages. Many abandoned children are informally raised by
communities, although seldom formally adopted in accordance with civil status procedures. Other
children struggle as street children. Where no one can attest to a child’s date, place of birth, or
parentage, it is impossible to obtain a jugement supplétif and to prove nationality.
Various humanitarian actors and child protection social services have negotiated
compromise solutions in some cases. For example, one NGO interviewed178 runs several children’s
homes in Côte d’Ivoire. Each home seeks to develop personal relationships with local courts, which
yields interim solutions. For example, one children’s home on the outskirts of Abidjan has obtained
jugements supplétifs for children in its care, which either leaves blank or writes the name of the care
providers in the home for the child’s parents; this same center has also obtained nationality
certificates from these courts for some children. In another children’s home, the courts provide a
jugement supplétif for the birth registration of the children, writing in the full name of the
institution’s male director as their father, and selecting one of the center’s female staff as their
mother – in both cases the nationality of the parents is indicated to be Ivorian. Another
independent child services NGO operating in Abidjan has made arrangements with the local
Guardianship Court to deliver a “provisional authorization of identity card,” that can be used as an
identity document to help enroll the child in school.179
While these solutions meet some urgent child protection needs, they are not sustainable
solutions for these children into adulthood as they involve side-stepping formal legal requirements
and can therefore be called into question by national identification officials or courts in the future.180
Children’s social services agencies admit that such individuals likely face tremendous difficulties in
obtaining identification documentation and are vulnerable to social exclusion. Once children reach
majority, they ultimately fall outside of the intervention mandates of these agencies. No study has
yet been conducted on the prevalence of statelessness among children in Côte d’Ivoire and the
impact of such statelessness on the children concerned.
178
Interviews, Abidjan and outskirts, June-July 2014.
Interview, Abidjan, June 2014.
180
Furthermore, some government agencies, for example the National Identification Office, can require that a
certificate of nationality be obtained within a specific time period for various purposes. There is currently no
database of nationality certificates that are issued, so should a person who has obtained one lose it, he or she
would need to appear again de novo before a court with proof to obtain another one. The Ministry of Justice
is currently considering ways to create a database of nationality certificates to overcome this issue.
179
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