La Constitutionnalisation de l’Ethnie dans les États d’Afrique Subsaharienne de Succession Coloniale Française

By replicating the French Constitution at the time of independence, the constitutions of sub-Saharan African states emerging from French colonization incorporated its model of nationhood. Consequently, they largely disregarded the existence of pre-colonial political entities, commonly referred to as “ethnic groups”. Indeed, the French model, shaped by the Revolution of 1789, does not recognize historical or identity-based communities. The French nation is conceived as a community of citizens rather than a federation of distinct communities. Overlooked by postcolonial constitutions, ethnic groups nevertheless asserted themselves as fundamental components of African political life, both in peacetime and during periods of conflict. Beginning in the 1970s, with the constitutional recognition of national languages—corresponding to ethnic languages—the formal acknowledgment of ethnicity within constitutional frameworks became increasingly prevalent, particularly during the constitutional reforms of the 1990s. This constitutionalization of ethnic identity is characterized by two key features. First, the constitutions recognize ethnic plurality as an integral component of the nation, marking a paradigmatic departure from the French nation-state model. Second, they establish the legal framework defining the scope of ethnic rights.