- The French presence in Algeria was essential in 1830 when it won against the Turkish regency; but the difficulty in managing the country legally and administratively remains. Once freed from the Ottoman yoke, some, in Kabylia in particular, do not see favorably the presence of another imperialist. This led to the El Mokrani insurrection in 1871. It was from this violent revolt that in France, aware of the potential rebellion of the natives, the idea of enacting rules to better control the populations germinated.
June 28, 1881
Characters
Thomas Robert Bugeaud
Jules Ferry
Procedure
On June 28, 1881, France, under the authority of Jules Ferry, decided to create a special status so that Algerians could remain faithful to their faith, their traditions and respect Koranic law, incompatible with the French civil code. Also, it adopts a series of decrees and laws defining the offenses and the penalties specific to the natives. It is not legally a code, rather a regime, that of indigénat.
From its inception, it proved to be full of contradictions and gave rise to abuse of power. It will be the source of many conflicts. Indeed, if Algeria is French, Muslims do not have citizenship unlike the Jews of Algeria who, by the decrees of Crémieux, obtain it (1870). This system is discriminatory because it does not consider two people equally. If it was possible to obtain French citizenship for a Muslim, this meant no longer obeying Koranic law and then obtaining naturalization under the French administrative authority. Few asked for it, for fear of apostasy, and even fewer obtained it.
Another major problem is that the administration enforces the rules instead of the judges. This flouts one of the foundations of the French Constitution, since it denies the principle of the separation of powers. This “code” therefore falls under a derogatory regime.
In addition, it is modifiable (every seven years in Algeria). Sanctions are therefore subjective, which leads to numerous abuses; they can be a simple fine (individual or collective), a sequestration (requisition of movable or immovable property), or internment (prison, deportation or house arrest).
If the creation of this regime was to be temporary, with a view to the pacification of the country and the assimilation of the Algerians, in fact, this "code" was constantly renewed in order to maintain a constant domination over the natives and to contain any revolt.
Consequences
- Experienced in Algeria, the indigénat will be extended to all the colonies (1887). This "temporary" regime officially lasted until 1946. Supposed to adapt to a population to allow its assimilation, this "code" only increased the differences and tensions between settlers and natives, which would lead to revolt. . With the creation of the North African Star association (1926), we witnessed an awareness of identity and a desire for independence.