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Race et nationalité dans le droit colonial français (1865-1955)

Abstract : Under the french colonial empire (which was at its peak under the third Republic) the nationality law expresses the distinction between the colonizer and colonized people. This thesis intends to study the history of nationality law of the colonized people (at that time named natives) particularly the link with the ambiguous notion of race. This law came out at the beginning of the french setting in Algeria before becoming official in 1865: this expresses a compromise between civilizing mission and nationality principles, its aim is to allow the colonized to be assimilated into the french nation via naturalization understood as « conversion to the civilization ». However particularly because of the small number of people of european origin in the « colonies d’exploitation » the naturalization will be gradually governed by more and more selective tests which enable the elites to be « frenchified ». If in most of the territories under french dominion no text gives a definition of « native», it is different in Indochina where during the thirties, more comprehensive measures where settled. These measures defined the colonized in national and racial terms and focused on the question of inter breeding as well between europeans and native people as between chinese and native people. The nationality law proper to colonized people will decline gradually afterwards under the Vichy government because the system tends to convert natives into a racial category and then under the fourth Republic because this law was considered as discriminatory.
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Yerri Urban. Race et nationalité dans le droit colonial français (1865-1955). Droit. Université de Bourgogne, 2009. Français. ⟨tel-01630611⟩



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