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Native code (France)
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Native code (France)
The Native code (French: Code de l'indigénat ) was a diverse and fluctuating set of arbitrary laws and regulations which created in practice an inferior legal status for natives of French colonies from 1881 until 1944–1947.
The Native code was introduced by decree, in various forms and degrees of severity, to Algeria and Cochinchina in 1881, New Caledonia and Senegal in 1887, Annam–Tonkin and Polynesia in 1897, Cambodia in 1898, Mayotte and Madagascar in 1901, French West Africa in 1904, French Equatorial Africa in 1910, French Somaliland in 1912, and the Mandates of Togo and Cameroon in 1923 and 1924.
Under the term indigénat are often grouped other oppressive measures that were applied to the native population of the French empire, such as forced labor, requisitions, capitation (head tax), etc.
The Native code (French: Code de l'indigénat ) was created first to solve specific problems of administering Algeria during the early-to-mid-19th century. In 1685, the French royal Code Noir decreed the treatment of subject peoples, but it was in Algeria during the 1830s and 1840s that the French government began actively to rule large subject populations. It quickly realised that it was impractical in areas without a French population, and French experiences with large groups of subject people had also convinced many that both direct rule and eventual assimilation were undesirable.
In 1830, Algeria became the first modern French colony. The treaty in which the Bey of Algiers capitulated to France stipulated that France undertook not to infringe the freedom of people or their religion. The term indigène was already in use in 1830 to describe locals who, whether Jewish or Muslim, were not considered French prior to the royal decree of 24 February 1834. However, they still did not have full citizenship.
A royal ordinance of 1845 created three types of administration in Algeria. In areas that Europeans comprised a substantial part of the population, the colons elected mayors and councils for self-governing "full exercise" communes (communes de plein exercice). In the "mixed" communes, where Muslims were a large majority, government was exercised by officials, most of whom were appointed but some elected. The governments included representatives of the grands chefs (great chieftains) and a French administrator. The indigenous communes (communes indigènes), remote areas that were not adequately pacified, remained under the régime du sabre, direct rule by the military.
The first native code was implemented by the Algerian senatus consulte of 14 July 1865, under Napoleon III, which changed the situation by allowing Algerian Jews and Muslims full citizenship on request. Its first article stipulated:
"Indigenous Muslims are French; however, they continue to be governed by Muslim law. They may be admitted to serve in the army or navy. They may be called to civil functions and jobs in Algeria. Upon request, they may be permitted to enjoy the rights of a French citizen; in this case, they are governed by the political and civil laws of France."
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Native code (France)
The Native code (French: Code de l'indigénat ) was a diverse and fluctuating set of arbitrary laws and regulations which created in practice an inferior legal status for natives of French colonies from 1881 until 1944–1947.
The Native code was introduced by decree, in various forms and degrees of severity, to Algeria and Cochinchina in 1881, New Caledonia and Senegal in 1887, Annam–Tonkin and Polynesia in 1897, Cambodia in 1898, Mayotte and Madagascar in 1901, French West Africa in 1904, French Equatorial Africa in 1910, French Somaliland in 1912, and the Mandates of Togo and Cameroon in 1923 and 1924.
Under the term indigénat are often grouped other oppressive measures that were applied to the native population of the French empire, such as forced labor, requisitions, capitation (head tax), etc.
The Native code (French: Code de l'indigénat ) was created first to solve specific problems of administering Algeria during the early-to-mid-19th century. In 1685, the French royal Code Noir decreed the treatment of subject peoples, but it was in Algeria during the 1830s and 1840s that the French government began actively to rule large subject populations. It quickly realised that it was impractical in areas without a French population, and French experiences with large groups of subject people had also convinced many that both direct rule and eventual assimilation were undesirable.
In 1830, Algeria became the first modern French colony. The treaty in which the Bey of Algiers capitulated to France stipulated that France undertook not to infringe the freedom of people or their religion. The term indigène was already in use in 1830 to describe locals who, whether Jewish or Muslim, were not considered French prior to the royal decree of 24 February 1834. However, they still did not have full citizenship.
A royal ordinance of 1845 created three types of administration in Algeria. In areas that Europeans comprised a substantial part of the population, the colons elected mayors and councils for self-governing "full exercise" communes (communes de plein exercice). In the "mixed" communes, where Muslims were a large majority, government was exercised by officials, most of whom were appointed but some elected. The governments included representatives of the grands chefs (great chieftains) and a French administrator. The indigenous communes (communes indigènes), remote areas that were not adequately pacified, remained under the régime du sabre, direct rule by the military.
The first native code was implemented by the Algerian senatus consulte of 14 July 1865, under Napoleon III, which changed the situation by allowing Algerian Jews and Muslims full citizenship on request. Its first article stipulated:
"Indigenous Muslims are French; however, they continue to be governed by Muslim law. They may be admitted to serve in the army or navy. They may be called to civil functions and jobs in Algeria. Upon request, they may be permitted to enjoy the rights of a French citizen; in this case, they are governed by the political and civil laws of France."