Malian nationality law is regulated by the Constitution of Mali, as amended; the Personal and Family Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Mali. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Malian nationality is typically obtained under the jus sanguinis, i.e. by birth in Mali or abroad to parents with Malian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality Nationality can be acquired in Mali at birth or later in life through naturalization.
By birth Malian law makes distinction of whether a child is born in or out of wedlock. Children born legitimately within a marriage automatically acquire nationality at birth; whereas, children born illegitimately must follow an administrative procedure during their minority to confirm their filiation to their parent. Upon attaining majority, children may repudiate nationality bestowed at birth. Those who acquire nationality at birth include:
Children born in Mali to at least one parent also born in Mali, who had original nationality from an African state; Children born abroad to at least one parent who was born in Mali and has Malian nationality; or Children or newborn foundlings born in the country whose parents are unknown.
By naturalization Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of Mali and are integrated into the society. General provisions are that applicants have good character and conduct; are in good mental health; and have no criminal record which resulted in a sentence exceeding one year. Applicants must typically have resided in the country for ten years. Besides foreigners meeting the criteria, other persons who may be naturalized include:
Children legally adopted by a Malian parent, at the time of completion of a legal adoption automatically derive Malian nationality; Minor children may automatically naturalize when their parent acquires nationality; Children born in the territory to foreign nationals may naturalize within six months prior to reaching the age of majority after a five-year residency; or The foreign or stateless spouse of a Malian national; Foreign parents (but not those who are stateless), provided they have resided in the country for one year, may acquire nationality if they have a child who has Malian nationality; or Persons who have performed exceptional service to the nation may naturalize after a five-year residency period.
Loss of nationality Malian nationals can renounce their nationality pending approval by the state. Malians of origin may lose their nationality for committing crimes against state interests. Naturalized persons may be denaturalized in Mali for failing to complete military service; disloyalty to the state; committing crimes against the state or state security; ordinary crimes; or for fraud, misrepresentation, or concealment in a naturalization petition. Persons who previously had nationality and wish to repatriate must request reinstatement, which is discretionary.
Dual nationality Since 1995, Mali has allowed nationals to hold dual nationality.
History After the collapse of the Ghana Empire around 1100, the Mali Kingdom gained its independence. Initially, as small kingdom, it was conquered by the Sosso Empire in the twelfth century, but gained its independence in 1230. For the next four years, Mali began an expansion campaign forming alliances to take over the trans-Saharan trade routes and defeat the Sosso Empire in 1234. Forming a federation, with its allies Mali controlled the gold trade in the region. Social and political organization was based upon allegiance, within geographic spheres of influence and linked networks of lineages, kinship and slaves. Slave labor was used to produce food, and lacking kinship ties, were prized for their loyalty as royal administrators and soldiers. In 1542, the Songhai Empire, formerly one of the states in the Mali Empire, invaded the capital city, but were unable to subjugate the Mali rulers. After briefly leaving the capital, the Mali rulers returned but the empire was in decline. The Songhai expanded from their stronghold at Gao, capturing territory which stretched from Nioro du Sahel in the west to Agadez (now in Niger) on the east in the northern part of present day Mali. In 1591, Ahmad al-Mansur, the Sultan of Morocco conquered the Songhai Empire to expand both Islam and his economic empire.
African empires and outsider contact (1591–1890) The Moroccans imposed a regime of suppression and violence, forcing the Songhai to labor and work on projects to develop infrastructure, like the building of roads and a citadel. Despite revolts and a protracted period of conflict, Morocco retained control of the surrounding area until it was defeated in 1737. Around 1650, the remaining territory over which the Mali kings had ruled was overtaken by the Bambara Empire. The Bambara kingdom of Ségu, controlled territory in the west near Ségou and the kingdom of Kaarta flourished around Nioro du Sahel. Both of these kingdoms were defeated by the Massina Empire in 1818, a theocratic state which remained in power until 1862.
In 1828, French explorer René Caillié visited Timbuktu igniting French interest in the area. To extend their trade in the region from their base in Senegal, French traders expanded into the territory. Between 1850 and 1864, Omar Saidou Tall (also known as Umar Tal) led raids into the area destroying much of the remaining African kingdoms. Initially French traders accepted Tall's rule in the Toucouleur Empire, but in 1855 when Tall attacked their trading stronghold on the Senegal River. The move prompted the French to retaliate and attempt to subdue the weak and divided Toucouleur Empire. In 1883, they began an occupation at Bamako and expanded their campaign to the south, gaining control of important urban centers. Over the next decade France would continue its expansion of territory. In 1890, it established a protectorate over most of the region.
French period (1890–1960) In 1892, the protectorate was officially made the colony of French Sudan. Timbuktu was conquered in 1894 and the remaining territory that makes up present-day Mali was annexed by 1898. In 1895, the French established the administration system that would govern its possessions in French West Africa for the next sixty years. A Governor-General was installed and a headquarters was founded in Dakar, in the Colony of Senegal. The Governor-General's authority was extended to Senegal, French Guinea, and the Ivory Coast colonies, and in 1899 to Dahomey and French Sudan. Under Article 109 of the French Constitution of 1848, French territories were to be governed by specific laws until the constitution was extended there. This provision laid the groundwork for nationality legislation based upon whether the native inhabitants were able to be assimilated by adopting European standards. From 1848, those persons who settled in the colonies and were from France were considered nationals who had full rights and were subject to French law. However, those born in the new territories were considered to be nationals without citizenship. Nationals in the older colonies of the Antilles, Guiana, Réunion and parts of India and Senegal were granted political rights, but those in new colonies were confirmed by a decree on 14 July 1865 to be subjects and not citizens, unless they renounced their allegiance to native custom and possessed sufficient understanding of the obligations of citizenship.
Also in 1848, slavery was abolished throughout the French Empire and the Civil Code was extended to all of the French citizens in the colonies. Under the Civil Code, women were legally incapacitated and paternal authority was established over their children. Upon marriage, a woman married to a French man automatically acquired the same nationality as her spouse. Illegitimate children were barred from inheritance and nationality could only be transmitted through a father. Non-citizen nationals were governed by traditional laws concerning marriage and inheritance which placed the well-being of the community above individual rights. These laws prevented a wife from being treated as a slave, required her husband to support her, and entitled her kin to a bride price, to compensate them for the loss of her fertility to their kinship group and secure the legality of the union. Having paid the price for the marriage contract, she and her offspring belonged to the kinship network of her husband and could be inherited if her husband died.
The French Nationality Law of 1889 codified previous statutory laws, changing the French standard from jus sanguinis to jus soli and was extended to the French West Indies. Under its terms, women who would become stateless by the rule to acquire their spouse's nationality were allowed to retain their French nationality upon marriage. The Nationality Law was modified in 1897 when it was extended to the remainder of the French colonies. Clarification in the 1897 decree included that bestowing nationality by birth in French territory only applied to children born in France, restoring descent requirements for the colonies. Under the Code de l'indigénat (Code of Indigenous Status) promulgated for Algeria in 1881 and extended to French West Africa in 1904, nationals in the new colonies followed customary law. The French West African Federation had been founded that year with the existing five colonies, of Dahomey, Guinea, Ivory Coast, Senegal, and French Sudan, and was later expanded to include Mauritania, Niger, and Upper Volta.
On 25 May 1912, a Décret N°. 27892 was issued specifically addressing the status of French West Africans. Under its terms, African subjects could acquire French citizenship if at the age of majority and having proved three years of established domicile in the territory, they were able to read and write French; they were of good character and assimilated to French culture, or they engaged in a public or private French enterprise for a minimum or ten years; and they had sufficient means of self-support. The language requirement could be waived for those who had received military medals or recognition of the Legion of Honor or were in the French civil service. Upon application, subjects were required to acknowledge that they gave up their personal status under customary law and were to be governed by French laws. The decree noted that married women and minor children acquired the status of their husband or father however, this was only the case if the marriage had been conducted under French law, rather than customary practice.