words, based on the above-mentioned considerations, the Dioulas, over the
decades and even centuries, formed the nucleus of a historical Ivorian
nationality by building together with the other ethnic groups from other
territories such as the Akans and the Krous, a social fact of attachment, a
community of interests, sentiments, in short, a « living together». The
Commission therefore concludes that the process of the historical formation
of the current State of Côte d’Ivoire gives the « Dioulas » of these migratory
periods, the indisputable basis of a valid claim to Ivorian nationality. The
subsequent issue is whether this historically established claim crystallized
into a legal guarantee at the time of the initial creation of nationality in Côte
d’Ivoire, to be precise, at independence in 1960.
105. On this point, the Commission believes that whereas the wave of
migrations continued in the post-independence era at least until the demise of
President Houphouët-Boigny in 1993, for purposes of determining the legal
constitution of Ivorian nationality, it is appropriate to position oneself in the
period of independence in 1960. This milestone is justified by the fact that the
enjoyment of the right to Ivorian nationality could only be granted by the
State of Côte d’Ivoire which legally existed from 7 August 1960, date on
which it gained international sovereignty. In other words, the legal existence
of Ivorian nationality which can be termed as original could not have started
before the birth of the sovereign State entity called by the name Côte d’Ivoire
today.
106. The Commission notes that the normative instrument establishing the
legal existence of the initial or original Ivorian nationality is Law No. 61-415
of 14 December 1961 relating to the Ivorian Nationality Code.24
Consequently, it is this instrument that one must invoke when there is the
need to establish who is legally Ivorian or not and consequently whether the
legislation on nationality complies with the provisions of Article 5 of the
Charter, particularly in respect of Dioulas and other alleged victims in this
Communication.
107. Under the terms of the relevant provisions of this Ivorian nationality
Code :
Article 6 New « An Ivorian is a:
1- Legitimate or legitimated child, born in Côte d’Ivoire, except where his two
parents are foreign citizens ;
24
Amended by Law No. 72-852 of 21 December 1972.
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