must, therefore, compare the legal status of the victims identified above to the
rights and mechanisms provided for by the said reforms.
128. Starting from the first generation Dioulas, the Commission has already
concluded that their right to Ivorian nationality is consubstantial with the
historic and legal establishment of the said nationality. Consequently, only
the mode of granting Ivorian nationality by way of nationality of origin
applies to them. In this regard, one could say that Law No 2013-653 of 13
September, 2013 on the special provisions on acquisition of nationality by declaration
is a significant advancement in the sense that it extends its application to
persons residing regularly and without hindrance in Côte d’Ivoire before 7
August, 1960 and their children born in Côte d’Ivoire. Indeed, these
provisions under Article 2 of the said law use the date of independence and
residence prior to this date as points of reference. At first glance, such
provisions appear to resolve the issue of the nationality of the Dioulas.
However, many key factors show that this reform does not substantially
resolve the issue.
129. First, under the provisions of Article 10 of the Implementing Order of the
said law, the reform of the acquisition of nationality by simple declaration is
applicable for a period of 24 months, as from the date of its publication, i.e. 22
January, 2014. According to statistics produced by the United Nations High
Commission for Refugees (UNHCR), and which statistics are not challenged
by the Parties, at least 700,000 persons were stateless in Côte d’Ivoire, as at the
date of this decision. The Commission notes that at the end of the initial
registration period which ended on 31 July, 2014, only 80, 000 persons had
submitted applications for the acquisition of Ivorian nationality. The second
and last registration period will run from March to June, 2015, i.e. for a period
of four months. Using the fact that only 80,000 potential applicants registered
in 20 months as the point of reference, the probability of the over 600,000
remaining persons doing so in four months is very low.
130. On this same point, the Commission refers to the outcome of the previous
reforms to note that experience does not seem to have informed the 2013
reforms. Among others, it is indeed clear that the restriction of closed
deadlines has led to such alarming figures of stateless people. Thus, the
nationality Code had granted only one year for the acquisition of nationality
by declaration. Hundreds of thousands of persons who were however
residing in the country before independence were thus unable to obtain their
nationality documents. Similarly, the 2004 reform which reintroduced
acquisition by declaration and which provided for a period of twelve months
for the said acquisition was hardly more successful. On the time necessary for
the effective implementation of the reform, therefore, the Government of the
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