Respondent State does not seem to assess the statistics relating to application
for the acquisition of nationality.
131. Furthermore, it is then necessary that at least one of the modes of
acquisition of nationality provided for by the 2013 reforms should be
applicable to the Dioulas. This is hardly the case because the Law quoted
above only really provides for simple declaration in the case of naturalization.
Indeed, the list of beneficiaries of the reform only makes reference to
foreigners. It is true that a provision covers the status of the Dioulas in the
sense that it takes regular residence before independence into account.
Having said that, the provision requires « uninterrupted » residence which
could be difficult, and indeed impossible to prove, particularly for children
born to residents several generations after independence. What is worse is
that in its very heading, the Law only deals with « acquisition » and makes no
mention of « attribution by way of nationality by origin. »
132. Following the preceding points, the Commission notes that naturalization
procedure only holds for persons whose connection is not prior to or
consubstantial with the legal establishment of Ivorian nationality, i.e.
particularly foreigners residing there before independence, but who have not
considered the acquisition of Ivorian nationality, or those who emigrated
after independence. The Commission has already concluded that first
generation Dioulas cannot be foreigners; neither can their blood descendants,
because they have been an integral part of the original and legal Côte
d’Ivoire. Whatever the case, the modes of acquisition of nationality provided
for by Law No 2013-653 of 13 September, 2013 and its Implementing Order No
2013-848 of 19 December, 2013 are applicable to this category of victims. In
reality, what these reforms have in common with the nationality Code is that
they neither define the notion of an « Ivorian » nor that of a « foreigner », let
alone identify clearly and holistically the groups of settlements present in
Côte d’Ivoire at the time of the legal establishment of Ivorian nationality. In
this case, the considered reforms can only be of benefit to the Dioulas after the
original status of the latter has been restored. Whatever the case, the most
appropriate procedure would be to grant the Dioulas Ivorian nationality by
way of nationality by origin and by simple declaration.
133. With regard to second generation Dioulas and foreigners, the Commission
has already noted that they are governed by a similar status, the difference
being that the time spent in Côte d’Ivoire must count and that all rights
acquired should be maintained retroactively, among others. An appropriate
study of this second category of victims requires an introductory reminder of
the legal standards which have governed them since the adoption of the
nationality Code. In 1961, the said Code provided that minors born in Côte
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