115. From the cross examination of these different prescriptions, a key obligation emerges : the obligation of the State on whose territory a person claims to have been born to grant him nationality, unless the said State cannot prove that the person in question has already acquired or is eligible to another nationality.33 The totality of all the historical and legal prerequisites established above is of key relevance to the interpretation and implementation of the right guaranteed by Article 5 of the Charter. That is the case because one of the ultimate purposes of the historical approach to the determination of nationality in Africa is to resolve, once and for all, the dramatic equation of imposing arbitrary borders on new sovereign African States at independence. 116. In this case, the Commission notes that in its letter, the Ivorian nationality Code does not take its source from ethnic and cultural diversity and from the historical dynamics of the creation of the population that constituted the new State of Côte d’Ivoire at independence. In fact, though one cannot begrudge the said legislation for opting for nationality by blood, the Ivorian parent from whom one inherits the original nationality should have been clearly defined, particularly during the time when one belonged to a list of groups of people that inhabited the colonial territory which became « Côte d’Ivoire » at independence. It has nothing to do with the Ivorian Code. However, more surprisingly, whereas the status of « national » is undefined, the law tends to define nationals by contrasting it with foreigners. In short, the rule to determine one or the other of these two statuses consists of considering that an Ivorian is someone who is not a foreigner and vice versa. Consequently, the status of the foreigner is also not defined. 117. From the point of view of the date constituting the reference deadline, the Code also does not mention independence. It is true that under the terms of the provisions of Article 8 (1) of the said Code, one is deemed to have been an Ivorian at birth even if the conditions to acquire nationality are subsequent to birth. However, the provisions of Article 8 (1) go back to the quality of the Ivorian as defined by the provisions of the Code of which the Commission has already concluded about its lack of precision and non conformity with the prescribed criteria under the relevant international law. 118. Furthermore, and with reference to the relevant law on the territory corresponding to the pre-independence Côte d’Ivoire, the only nationality given was the French nationality, in any case at least from the creation of the colony of Côte d’Ivoire, on 10 March 1893. The Parties do not dispute the fact United Nations Convention on the Status of Stateless Persons, 28 September 1954 http://www.unhcr.org/3bbb25729.html ; United Nations Convention on the Reduction of Cases of Statelessness, 30 August 1961 http://www.unhcr.org/3bbb286d8.html. 33 34