Report on Citizenship Law: Mali
were French ‘citizens’ (or were recognized with another European nationality). French subjects
were governed by the Code de l’indigénat (‘code for natives’), codified from 1881, and had
few rights. Persons under this system had no political rights and were subjected to forced
labour, arbitrary imprisonment and special courts. They also had no rights or obligations under
the French Civil Code. The vast majority of people in the AOF lived under this system, with
the exception of a small group of so-called évolués who became French citizens and were
governed under the French Civil Code.18
In May 1946, all inhabitants of the AOF were declared to be citizens of France.19 In
October, 1946, following the end of World War II, the new French Constitution created the
French Union, with expanded rights for persons living in the colonies, their symbolic
representation in the French General Assembly, and the repeal of the Code de l’indigénat.20 In
1956, the Loi Cadre Defferre gave limited voting rights, in theory, to the inhabitants of France's
overseas colonies.21
Registration of civil status, the état civil, was extremely incomplete in much of the
AOF, including Soudan Français, particularly in rural areas.22 Events such as births and
marriages were recorded only for persons who had adopted the French Civil Code, and the vast
majority of marriages were celebrated according to Islamic or customary law. As a result, few
persons could prove their place of birth, descent, or residence under French law. While the
government pushed to expand voter registration, with separate lists for those with full French
civil status and for those without, this was done separately from other forms of civil
registration.23 Voter registration favoured urban, educated persons, reflected in the election to
the National Assembly of writer and influential politician Fily Dabo Sissoko and his Parti
Progressiste Soudanais (PSP) on a traditional, conservative and pro-French platform.
Improvements in registration greatly expanded the electorate following the Loi Cadre, but
voting rates remained lower in rural areas. A broader African electorate brought a new group
of more radical African politicians to the National Assembly, like Soudanese socialist Modibo
Keïta.24
The French Union failed to provide solutions to the problems of belonging and political
representation in the French Empire. In 1958, a new Constitution created the French
word ‘subject’ in French law should not be confused with its use in the term ‘British subject’, which was the
highest nationality status under British law.
18
Bakari Kamian, « La dynamique des intégrations, de la période coloniale à nos jours » in Lydie Moudileno
« Les États-nations face à l'intégration régionale en Afrique de l'Ouest - Le cas du Mali » (Karthala 2007). This
system of laws was different for the Originaires of the quatre communes of Senegal. For an explantation of
nationality in the quatre communes, see Catherine Coquery-Vidrovitch, « Nationalité et Citoyenneté en Afrique
Occidentale Français : Originaires et Citoyens Dans Le Sénégal Colonial » 42 Journal of African History 285
(2001).
19
Loi n° 46-940 du 7 mai 1946, tendant à proclamer citoyens tous les ressortissants des territoires d'outre-mer.
20
Frederick Cooper, Nationality between Empire and Nation, Remaking France and French Africa 1945-1960
(Princeton UP 2014).
21
Loi Cadre Defferre, Loi n. 56-619 du 23 juin 1956.
22
Ruth Dickens, Defining French Citizenship Policy in West Africa (doctoral thesis, Emory U. 2001).
23
Some French administrators proposed that voting itself should be used as proof of nationality, but this
approach was not employed on the ground. Cooper 155.
24
In the first election of 1946, 800,000 people registered out of an approximate population of 15 million. In
1951, 3 million had registered, and by 1956, 6 million had registered. Following the Loi Cadre in 1956, ten
million people registered to vote in the AOF, over half the population. Actual voting also increased. In the
January 1956 elections for the Assembly National, before the Loi Cadre, 3.3 million people in West Africa
voted out of the 6 million who were registered. In the first elections after the Loi Cadre passed, for territorial
assemblies in March 1957, 4.8 million voted out of the ten million who registered. These statistics are taken
from Cooper 61-62.
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RSCAS/GLOBALCIT-CR 2020/11- © 2020 Author(s)