23. Women who acquired Ivorian nationality through naturalisation are restricted in conferring their
Ivorian nationality to their children. Currently there are two ways in which nationality can be
conferred to the children of naturalised citizens. First, according to Article 45(1) of the Ivorian
Nationality Code, a minor child (born in wedlock or legitimated) can acquire Ivorian nationality at the
time that his or her father acquires Ivorian nationality. Second, a child of a widowed mother who
acquired Ivorian nationality by naturalisation will also acquire Ivorian nationality. In other words, a
woman who acquired Ivorian nationality through naturalisation cannot confer her Ivorian nationality
upon her children unless her spouse has died.
24. Another concern is that the naturalisation provision is discriminatory on the basis of disability.
Naturalisation is only available to persons who are free of mental or physical handicaps, pursuant to
Article 32 of the 1961 Nationality Code.
25. Both the Committee on the Elimination of All Forms of Discrimination (CEDAW) and the Committee
on the Rights of the Child (CRC) have provided recommendations on issues of discrimination in
nationality laws of Côte d’Ivoire. The CEDAW recommended in 2011 that Côte d’Ivoire “Repeal
discriminatory provisions in the laws on nationality […] in conformity with relevant provisions of the
Convention”.16 The CRC recommended in 2001, that the country
“make concerted efforts at all levels to address discrimination, notably discrimination based on
gender, disability, religion, and national, ethnic or social origin, through a review and reorientation
of policies, including increased budgetary allocations for programmes targeting the most
vulnerable groups”.17
Statelessness determination
26. No statelessness determination procedure exists under the Ivorian Nationality Code or any related
legislation. Article 77 of the Nationality Code states that civil law courts have jurisdiction to preside
over nationality matters in Côte d’Ivoire as it is a matter of ‘public order’. However, no mechanism
exists for stateless persons to regulate their status through the courts or through an administrative
process, and to benefit from protection deriving from their stateless status. Furthermore, the
procedures for obtaining the necessary documentation are long, complicated, and costly.
Civil registration
27. Article 9 of the Ivorian Nationality Code requires that birth and filiation must be established in
accordance with Ivorian civil status law in order to have an effect with respect to nationality. However,
this is likely to be challenging due to high numbers of undocumented persons in the country. Only
65% of children under the age of five have been registered at birth.18 It is unknown how many adults
have a birth certificate.
16
CEDAW, C/CIV/CO/1-3 para 19(d).
17
CRC/C/15/Add.155, para. 23.
18
UNICEF, Country Profiles, Cote d’Ivoire, https://data.unicef.org/country/civ/#.
6