of the Code of 1961, that is to say that it is fairer and more consistent with international law. They could also be persons residing in the country before independence, but who have never claimed Ivorian nationality or who had come from other colonial territories. In principle, second generation Dioulas belong to the same category of claim as foreigners who have emigrated to Côte d’Ivoire from the independence era. However, there are major differences between second generation Dioulas and foreigners: time spent within the territory must be taken into account entirely; privileges attached to nationality obtained in practice which must remain established, and any new law must maintain these privileges and take retroactive effect for their beneficiaries. 126. The Commission considers that this distinction between the various categories of claimants to nationality in Côte d’Ivoire is indispensable when we consider issues from the perspective of the modes of obtaining nationality as well as the advantages and related limitations. The Commission notes that with regard to nationality in general, and within the Ivorian context in particular, nationality is acquired through various modes with diverse implications. A careful consideration of the relevant provisions of the Ivorian nationality Code shows that a whole chapter is dedicated to nationality by« attribution … as nationality by origin ». This is the chapter which includes Articles 6 and 7 at the centre of the controversy surrounding nationality in Côte d’Ivoire. Besides, the Code provides that one can « acquire » Ivorian nationality. The acquisition may be done automatically particularly for adopted children and foreign spouses; by declaration for persons born in Côte d’Ivoire to foreign parents until the repeal of the said provisions in 1972; and, finally, by a decision of the public authority, a mode provided for in this instance for naturalization or reintegration of the foreigner.34 127. The Commission notes that the Code does not provide for any incapacity or limitation with regard to the enjoyment of Ivorian nationality through granting by way of nationality by origin. Better still, Article 8 of the said law provides that « the Ivorian of origin » is deemed to have been an Ivorian right from birth, even if these requirements to qualify for the said status are subsequent to the said birth. On the other hand, a series of situations of incapacity is attached to nationality by acquisition, including, among others and quite significantly, a time frame of ten years to be eligible for an elective mandate, five years to qualify as a voter, and five years to qualify for the bar, the bench or to become an officer of the court. To determine the extent to which the recent reforms resolve the issue of nationality in Côte d’Ivoire, we 34 Emphasis of the Commission. 38

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