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which women could confer citizenship and to discriminate significantly between children born
in and out of wedlock (Equal Rights Trust & Focus Development Association, 2016). The reform
in Madagascar is considered an advocacy campaign success of the GCENR, whose coalition
members contributed many alternative reports to the treaty bodies over the years (GCENR,
2017). As gender and statelessness experts van Waas et al. noted, “all of these pushes within
the UN human rights framework came in parallel to a concerted national movement against
this discrimination. Civil society in the country campaigned actively for reform; worked with
artists, the affected population, and journalists; lobbied parliamentarians; and brought in international technical experts where needed” (2019, p. 204).
Although the legal reform is a significant step forward in the elimination of GDNL in
Madagascar, close attention must be paid to the intersections of gender with religion/ethnicity
as it affects access to legal citizenship. Although direct gender discrimination may have been
reformed, indirect and intersecting forms of discrimination may remain firmly intact, as the
majority Karana have been systematically denied Malagasy citizenship since independence.6 A
civil society submission to the Human Rights Committee noted the difficulties women with
foreign-sounding names faced when seeking identity documentation or birth registration for
their children:
In those limited circumstances where Malagasy women are able to pass on their nationality, evidence suggests that women still face difficulties in practice. Many of those interviewed by the Trust discussed problems in acquiring nationality even where they were eligible. In order to apply for a national identity card, a
birth and residency certificate must be provided, however, officers may request further documentation. This
discretion is often exercised where an individual is perceived as possessing a “foreign” name, or where individuals are suspected of not being a national, they have been refused documentation. In particular, children
with Arab, Muslim or Comorian sounding names encounter difficulties in the application process (Equal
Rights Trust & Focus Development Association, 2016, p. 5).
A worst-case scenario would be that the provisions in the reformed Nationality Code shore
up nationalist and exclusionary notions of who counts as Malagasy (read: ethnic majority of
Malagasy) and who does not (stateless, migrant-descended Muslims) based on both the mother’s
and father’s ethnicity and citizenship status. Documentation efforts currently under way run the
risk of widening the divide—shoring up the political power of the Malagasy and reinforcing the
structural and systematic exclusion of the Karana from citizenship, as a means of limiting their
economic and political power. Without proper oversight, gender and ethnic discriminatory birth
registration may be the very site where this disenfranchisement occurs.
Disability + ethnic discrimination in contexts of mobility
When a disability is detected at birth, this is sometimes marked on the birth certificate issued to
a child, ostensibly to facilitate their access to support services. Where state services exist, this may
create a disincentive for registering the births of children who are politically deemed not to belong
so as to limit the state’s liability for upholding their right to social protection. Returning to
Madagascar, the nationality law specifically states that those acquiring naturalized citizenship or
filing a citizenship application must be of sound body and mind, which is tantamount to discrimination against persons with disabilities. Again, gender intersects with ethnicity, ability, and other
identity markers in the discriminatory legal interpretation of who counts as a citizen, and the
administrative practice of bureaucratically branding as foreign those deemed not to belong.
In contexts of mobility, social identities that would otherwise trigger social protection benefits—like being born with a disability—become a liability for migrants and ethnic minority
groups with precarious status. The Global Inventory identified relevant observations issued by
the CRPD to Iraq, Kuwait, and the United Arab Emirates (UAE). For example, the CRPD issued
a recommendation to Iraq to continue efforts to register all children with disabilities to prevent
their statelessness (CRPD, 2019, para. 34). The government of Iraq claims to register the births
of all children born with a disability (Government of Iraq, 2017, para. 105). However, the CRPD