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. 30

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