Whereas most AOF territories thus provided for relatively liberal grant of nationality at independence,
Côte d’Ivoire, the most highly developed economy of AOF and the recipient of the greatest number of
migrant workers to the new cocoa and coffee plantations, adopted rules that made it difficult for these
migrants to be recognised as Ivorian. Although there were transitional provisions allowing those
resident in the country to acquire nationality, the Ivorian nationality code did not incorporate the
double jus soli rule for those born after independence; and although the law allowed children under
eighteen born in Côte d’Ivoire of foreign parents to acquire Ivorian nationality “by declaration” if they
had lived in Côte d’Ivoire for more than five years, this right was little used and was suppressed in
1972. Nationality of origin was attributed only to persons with one parent who was a national, rather
than including any jus soli element.19 (See also the box in section 4.1.)
Guinea was also a partial exception to the general rules, thanks to its earlier exit from French
nationality, when it rejected membership of the Communauté française in 1958. The transitional
provisions did not establish explicit rules relating to those who became Guinean at independence; and
even the date of entry into force of the new nationality code was not clear.20 However, the new
national law was largely based on the French model, and had a strong emphasis on rights derived from
birth in the territory. As a UN trust territory, Togo was already recognised as having its own nationality
at the time of the creation of the Communauté française; however, it only adopted a law regulating
nationality more than a year after the dissolution of the French community.21 The law followed the
French model quite closely, as in the case of Guinea emphasising a jus soli attribution of nationality.22
In the former Portuguese colonies, most of the new national constitutions and political regimes were
given a socialist content when independence was attained following the 1974 collapse of the Estado
Novo in Portugal. Nonetheless, the lusophone countries kept Portugal’s civil law system, maintaining
much of Portuguese colonial legislation, including the framework of the provisions on nationality that
had been applied in the metropolitan territories. Some countries also voted for rules favouring the
grant of nationality to those who had fought against the Portuguese and penalising those who had
collaborated with the colonial regime. For example, in Guinea Bissau the law provided that any person
who had fought for the liberation of the republic became a national on the date of independence.23
Though gender discrimination was a common feature of the laws adopted at the time of independence
in West Africa — as it was in the 1950s and 1960s in most European states — formal equality between
races and ethnic groups was the norm. In some cases, however, new laws reversed the system of
discrimination, excluding members of certain ethnic groups. In West Africa, this remains the case in
Liberia and Sierra Leone; while in Mali preferential treatment is given to persons of African origin; and
in Nigeria the constitutional provisions on membership of an “indigenous community” create a strong
element of ethnic discrimination (see further below, section 2.6.3).
2.4. Trends since independence
West Africa, in common with the rest of the continent, and indeed the rest of the world, has seen two
particularly strong trends in modifications to nationality laws since independence: these are a
19
Articles 6, 7, 17-23 and 105 of the Code de la nationalité 1961.
Decottignies and de Biéville Les nationalités africaines, entry on Guinea, p.153.
21
Loi No.61-18 du 25 juillet 1961.
22
Decottignies and de Biéville Les nationalités africaines, entries on Cameroon and Togo.
23
Guiné Bissau, Lei da nacionalidade 1976, art.1(c).
20
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