Républicains, or RDR) party’s candidate Alassane Ouattara, boycotted the 1995 elections. In these
contested circumstances, Bédié won the 1995 elections.
Once President, Bédié quickly grew hostile towards foreigners, becoming the founder of
what would become known as the policy of “Ivoirité.” Several public policy measures were adopted
to ensure that “real Ivorians” would have preferential treatment in the labor market and public
office.37 In the spirit of Ivoirité, the Ivorian parliament passed a major rural land tenure law in 1998
that denied foreigners the right to be land-owners.38 As discussed further in Annex III, additional
legal amendments were made regarding the system of identification of Ivorians and foreigners in the
lead-up to the 2000 elections, in particular tightening the documentary requirements for obtaining
an Ivorian national ID card, which never came into effect due to intervening events.
Bédié’s government was toppled in a military coup led by General Robert Guéï on 24
December 1999, plunging the country into deep political crisis. Political negotiations ensued in order
to allow for the October 2000 presidential elections to take place. A major part of this compromise
was the adoption of a new Constitution in 2000.
Article 35 of this supreme law anchored the principles behind the eligibility requirements to
be president of Côte d’Ivoire that had first been adopted in the 1994 Electoral Code. According to
Article 35:
The candidate for the presidential election should be at least 40, but no more than 75 years
of age. He should be Ivorian of origin, born to a father and mother themselves Ivorian of
origin. He should never have renounced Ivorian nationality. He should never have claimed
another nationality. He is to have resided in Côte d’Ivoire in a continuous fashion for five
years preceding the date of elections and have totalled 10 years of effective presence.
Note that the concept of “Ivorian of origin” here (Ivoirien d’origine) is narrower than that of
attribution of Ivorian “nationality by origin” (nationalité d’origine) as understood in the Nationality
Code as explored in detail in Sections 3.1.1 and 3.2.1 below. The 2000 Electoral Code also
incorporated these eligibility criteria for the presidential office in Côte d’Ivoire.39
The stringent eligibility criteria endorsed by the 1994 and 2000 Electoral Codes and the
2000 Constitution created a new public discourse of who can legitimately claim to be truly Ivorian. A
social mythology emerged whereby ethnic groups typically associated with Côte d’Ivoire’s South
held fast to their own authenticity as indigenous Ivorians in opposition to people from northern Côte
d’Ivoire. Many northern Ivorians had moved to the South to participate in the economic boom
alongside foreign migrants; both groups were predominantly Muslim. Many southerners began
treating all “new arrivals,” understood as anyone not indigenous to the local community, as
“foreigners,” without distinguishing between northerners who are originally from Côte d’Ivoire or
foreigners who might have originated in neighboring countries. This group, writ large, came to be
known as the “Dioulas.”40
Public perceptions stigmatizing northerners as foreigners continued to mount in the lead up
to the 2000 elections, particularly with respect to the RDR leader and presidential candidate,
Alassane Ouattara, whose “Ivorianness” came into doubt. On the eve of the elections, the
37
Babo, supra note 20.
Loi No. 98-750 du 23 décembre 1998 relative au domaine foncier rural.
39
Loi No. 2000-514 du 1er août 2000 portant Code électoral, Article 48.
40
The term “Dioula” refers to a language from the Bambara (Mali) group widely spoken amongst historical
migrant traders in the West African region and continues to be used today. Jean-Pierre Dozon, La Côte d’Ivoire
entre Démocratie, Nationalisme, et Ethnonationalisme, Politique Africaine, No. 78, June 2008, pp. 45-62. The
terms "allogène" and "allochtone" are also used in Côte d’Ivoire to refer to foreign and internal migrants,
respectively, in distinction to "autochtones" or indigenous inhabitants.
38
11