2- Child who is born out of wedlock in Côte d’Ivoire, except where his parentage is legally established in respect of his two foreign parents, or one parent, also a foreigner ». Article 7 New « An Ivorian is a: 1- Legitimate or legitimated child, born abroad to an Ivorian parent ; 2- Child born out of wedlock abroad whose parentage is legally established in respect of an Ivorian parent ». 108. As mentioned above, the Commission is of the view that the issue of nationality in Africa is closely linked to colonial history.25 Generally, in view of this historical context, the creation of legal nationality in Africa at independence must necessarily answer at least three basic questions : 1) who is a « national » ; 2) who is a « foreigner » ; and 3) the parameters for the determination of nationality without any ambiguity based on the historical context described above, namely, by taking into account in particular, at the very least, the register of individuals or homogeneous ethnic groups residing in the said territory at independence but also the reference date for the determination of this presence. 109. The jurisprudence of the Commission and international law confirm the requirements formulated. With regard to its jurisprudence, the Commission is of the view that unreasonable legal provisions for the acquisition of nationality are arbitrary and therefore not consistent with the right to nationality guaranteed by Article 5 of the Charter. In this regard, the Commission refers particularly to its decision in Legal Resources Foundation v. Zambia, where it concluded that « To suggest that a Zambian of origin is the person born and whose parents are born in the geographical area which later came to be known as the territory of the sovereign State of Zambia can be arbitrary and its retrospective application cannot be justifiable under the terms of the Charter ».26 Furthermore, in Modise v. Botswana, the Commission decided that failure or refusal of a Respondent State to grant nationality on grounds that the Complainant had obtained another nationality or had accepted it without showing any proof is a violation of the right to recognition of legal status.27 110. The Commission notes that in the examples cited above, the legal definition of nationality is first of all characterized by a specification of the See also the African Union Commission Delimitation and demarcation of borders in Africa : General considerations and case studies (2013) 55-56. 26 Legal Resources Foundation v. Zambia Communication 211/98 (2001) AHRLR 84 (ACHPR 2001) para 71. 27 See Modise v. Botswana Communication 97/93 (2000) AHRLR 30 (ACHPR 2000) para 88. 25 31