Accessing Malagasy Citizenship
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choose Malagasy citizenship.1 Because Madagascar already had a substantial
population of people who had migrated from India, but were not naturalized
French citizens, this meant many people were left stateless. This problem of
statelessness persists today because it is difficult to obtain citizenship without
having a father or mother who is considered ‘Malagasy.’ Additionally, as will be
discussed below, there is evidence that the law is applied in a discriminatory
manner, making it more difficult to obtain citizenship if a person is Muslim
and nearly impossible to obtain citizenship if a person is of Indian/Pakistani
decent. There are families who have lived in Madagascar for four or five generations but have no hope of obtaining Malagasy citizenship anytime in the foreseeable future.2
Those of Indian/Pakistani decent, called Karana, occupy a unique sociopolitical role in Malagasy society. The Karana for generations have been very
successful in business and many have become wealthy compared to the rest of
the Malagasy people. This success has further perpetuated the cultural isolation of the Karana people and in some instances has resulted in targeted attacks
against Karana communities. Preventing the Karana from accessing citizenship disincentives some of the wealthiest in the country from investing in its
growth. As Madagascar develops, access to citizenship will come to the forefront of the political agenda. Since the coup in 2009, an unelected transitional
government has been in power in Madagascar. The democratic elections taking
place in 2013, will hopefully, in time, put an end to this ongoing political unrest.3
The new government has the opportunity to peacefully reform the citizenship
system and build a strong foundation for a vibrant participatory democracy in
the future. This article gives a brief overview of the Malagasy citizenship laws
and describes how the law in operation impacts the Karana community.
1 Code De La Nationalité De Madagascar Juin 2009, arts. 90-92 (translated from French into
English by Catherine Moore) (a copy of the translated text is on file with the author).
2 See generally United States Department of State, Country Reports on Human Rights Practices
for 2011: Madagascar (Bureau of Democracy, Human Rights and Labor) 15-16.
3 See generally Lauren Ploch & Nicolas Cook, Madagascar’s Political Crisis (United States
Congressional Research Services)(18 June 2012), the article describes the military coup that
took place in early 2009 ousting the president at the time, Marc Ravalomanana and formally
recognizing Andry Rajoelina as president of the High Transitional Authority. With continued
political unrest between these two leaders, democratic elections were postponed several
times. Elections were finally held for the first time since 2009 on October 25, 2013. Neither of
the formal leaders were candidates in the elections. A second round of run-off elections as
well as the parliamentary elections will take place on December 20, 2013. ‘Madagascar Holds
Long-Awaited Political Elections’ BBC News Africa (25 October 2013).
tilburg law review 19 (2014) 182-193