Côte d'Ivoire and Mali: Whether a citizen of Mali who was born in Côte d'Ivoire of a Malian diplomat father, who was posted to that country during the time of their birth, may obtain Ivorian nationality; the requirements and procedure to acquire that nationality

1. Dual Nationality

1.1 Mali

In correspondence sent to the Research Directorate, a representative of the Embassy of Mali in Canada stated that [translation] "Mali recognizes dual nationality" (Mali 2 Dec. 2014).

The new Article 38 of the Code of Malian Nationality (Code de la nationalité malienne), amended by Act No. 95-70 of 25 August 1995 amending the Code of Malian Nationality (Loi no 95-70 du 25 août 1995 portant modification du Code de la nationalité malienne) (ibid. 1995, single article), states the following:

[translation]

Adults of Malian nationality who are permanently residing abroad and voluntarily acquire foreign nationality will not lose their Malian nationality unless they expressly declare so in accordance with the provisions of Article 45, and following articles of the present Code (ibid., Art. 38).

1.2 Côte d'Ivoire

In compliance with Act No. 61-415 of 14 December 1961, promulgating the Ivorian Nationality Code (Loi n° 61-415 du 14 December 1961 portant Code de nationalité ivoirienne), [translation] "an Ivorian national of full age who voluntarily acquires or states that they possess a foreign nationality shall lose Ivorian nationality" (Côte d'Ivoire 1961, Art. 48). Moreover, Article 49, introduced by Act No. 72-852 of 21 December 1972, amending the Ivorian Nationality Code (Loi no 72-852 du 21 December 1972, portant modification du Code de la nationalité ivoirienne), states that [translation] "an Ivorian national, even if a minor, who possesses a second nationality under the rights of a foreign law, may be authorized by decree to relinquish Ivorian nationality" (ibid., Art. 49).

The website of the Embassy of Côte d'Ivoire in France provides the following information concerning dual nationality:

[translation]

Dual nationality obtained by right:

An individual who has automatically obtained foreign nationality notably by one of their parents or adopters, is a dual national by birth and is considered by the Ivorian authorities to have dual nationality.

Voluntarily obtaining a foreign nationality:

[…]

It is entirely possible to maintain one's Ivorian nationality after voluntarily acquiring a foreign nationality (ibid. n.d.a).

2. Ivorian Nationality

Information on the acquisition of Ivorian nationality by foreign diplomats and their family could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1 Attribution of Ivorian Nationality as Nationality of Origin

According to Article 6 of the Ivorian Nationality Code, as amended by Act No. 72-852 of 21 December 1972, amending the Ivorian Nationality Code,

[translation]

[t]he following shall be Côte d'Ivoire nationals:

Legitimate or legitimated child born in Côte d'Ivoire, unless both of the parents are foreigners;

A child born out of wedlock in Côte d'Ivoire, unless their lineage is legally proved to be foreign through both parents or through one parent. (ibid. 1961)

2.2 Acquisition of Ivorian Citizenship

According to the website of the National Identification Office (Office national d'identification, ONI), the organization responsible for civil status and immigration services in Côte d'Ivoire (ibid. n.d.c), Ivorian nationality can be acquired by two types of naturalization-naturalization by right and naturalization by decision of the public authority (ibid. n.d.b).

According to the same source, the following individuals may be naturalized by right:

[translation]

A child adopted by a national

A man or woman who marries an Ivorian, when the option is chosen at the time of marriage (since August 2005)

A minor child whose parent exercises paternal authority acquires Ivorian nationality (the child must reside with that parent at the time of their naturalization). (ibid.)

The website of ONI describes the conditions of naturalization by decision of the public authority as follows:

[translation]

[The individual must]

Be at least 18 years old

Have resided in Côte d'Ivoire for at least five years at the time of the application; this time frame is reduced to two years for foreigners born in Côte d'Ivoire and for foreigners who have rendered key services in Côte d'Ivoire

Be of good character

Be in good physical and mental health

Be in a situation which adheres to the rules governing residence for foreigners in Côte d'Ivoire (possess their residence card)

Not be under a deportation order or house arrest. (ibid.)

The ONI website also provides the following information concerning the documents required and the procedure to obtain naturalization by decision of the public authority:

[translation]

Documents

A complete set of naturalization forms (to be purchased at the state printer for 50,000 CFA francs [approximately C$108])

Two revenue stamps (to be purchased at the Treasury for 20,000 CFA francs [about C$43])

An extract of the applicant's birth certificate or judgment in lieu of a birth certificate

The applicant's marriage certificate (if the applicant is married to an Ivorian)

An extract of birth certificate or judgment in lieu of birth certificate of their child(ren)

A certificate of employment or engagement decision for public servants

A business registration and an attestation of tax regularity

Two identity photos from the same photo shoot

A certificate of education (for students)

A certificate of residence (issued by the police)

A certificate of nationality of the (Ivorian) spouse

A photocopy of the applicant's residence card

An attestation of nationality of origin (photocopy of national identity card or residence card).

Procedure

The file must be submitted to the sub-district or the district of the place of residence[.] The authority issues a receipt to the applicant, orders a medical examination, carries out a character assessment, proceeds with preparing the file and sends it to the Minister of the Interior, who, after examining the file, provides an opinion and sends it to the Minister of Health. After the Minister of Health analyzes the results of the medical examination, the Minister provides an opinion and sends the file to the Minister of Justice, who, after reviewing the file, either rejects or allows the application. In the latter case, the Minister proposes naturalization of the applicant to the President of the Republic, who, by decree, proceeds with the naturalization of the applicant (ibid.).

Information on the documents required and the procedure to obtain naturalization by right could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources state that, since 2013, Ivorian nationality may also be obtained [translation] "by Declaration," pursuant to a new nationality law (Fraternité Matin 24 Apr. 2014; AFP 24 Aug. 2013). According to the text in Act No. 2013-653 of 13 September 2013 containing specific provisions regarding the acquisition of nationality by Declaration (Loi n° 2013-653 du 13 septembre 2013 portant dispositions particulières en matière d'acquisition de la nationalité par Declaration), available on the website of the Citizenship Rights in Africa Initiative (CRAI), which defines itself as a [CRAI English version] "campaign dedicated to ending statelessness and the arbitrary denial of citizenship in Africa" (CRAI n.d.),

[translation]

[t]he purpose of this legislation is to institute a special arrangement regarding the acquisition of nationality for individuals who fall into the categories identified in Article 2. … Individuals who do not fall within the categories set out in this legislation are subject to the standard procedures regarding the acquisition of Ivorian nationality (Côte d'Ivoire 2013, Art. 1).

According to Article 2,

[translation]

[I]ndividuals who fall into one of the following categories may benefit from the provisions of this legislation:

those persons born in Côte d'Ivoire of foreign parents and who were less than 21 years old on 20 December 1961;

those persons whose habitual residence was continuously in Côte d'Ivoire prior to 7 August 1960 and whose children were born in Côte d'Ivoire;

those persons born in Côte d'Ivoire between 20 December 1961 and 25 January 1973 of foreign parents, and their children. (ibid. Art. 2)

Information on the documents required and the procedure to obtain naturalization by declaration could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 24 August 2013. "Côte d'Ivoire: les lois sur la nationalité et la propriété foncière votées." [Accessed 4 Dec. 2014]

Citizenship Rights in Africa Initiative (CRAI). N.d. "Qui sommes-nous?" [Accessed 4 Dec. 2014]

Côte d'Ivoire. 2013. Loi n° 2013-653 du 13 septembre 2013 portant dispositions particulières en matière d'acquisition de la nationalité par Declaration. [Accessed 2 Dec. 2014]

_____. 1961 (amended in 2005). Loi nº 61-415 du 14 December 1961 portant Code de nationalité ivoirienne. [Accessed 14 Nov. 2012]

_____. N.d.a. Embassy of Côte d'Ivoire in France. "Double nationalité." [Accessed 4 Dec. 2014]

_____. N.d.b. Office national d'identification (ONI). "Mode d'acquisition de la nationalité ivoirienne." [Accessed 4 Dec. 2014]

_____. N.d.c. Office national d'identification (ONI). "À propos de l'ONI." [Accessed 4 Dec. 2014]

Fraternité Matin. 24 April 2014. Cheickna D. Salif. "Nationalité: L'opération d'acquisition lancée par le ministre Gnénéma Coulibaly." [Accessed 4 Dec. 2014]

Mali. 2 December 2014. Embassy of Mali in Canada. Correspondence from a representative to the Research Directorate.

_____. 1995. Loi no 95-70 du 25 August 1995 portant modification du Code de la nationalité malienne. [Accessed 10 Dec. 2014]

Additional Sources Consulted

Oral sources: The following organization was unable to provide information within the time constraints: Côte d'Ivoire - Embassy of Côte d'Ivoire in Canada.

Internet sites, including: Côte d'Ivoire - Embassy of Côte d'Ivoire in Canada, Official government portal; Mali - Embassy of Mali in Canada, Primature - Official government portal; United Nations - United Nations Operation in Côte d'Ivoire, Refworld; Open Society Institute.