185
Accessing Malagasy Citizenship
adoption of the Code, defines the requirements that must be fulfilled prior to
acquiring Malagasy citizenship. These include an examination of the applicant’s character, loyalty, degree of assimilation, knowledge of the Malagasy
language, physical condition, and mental condition.9 The Nationality Code
also allows a foreign woman to acquire citizenship through marriage to a
Malagasy man.10 Yet, according to the Code the government can deny applications for acquiring citizenship for certain reasons including indignity or serious physical or mental disability.11
Naturalization is an entirely separate process under the Nationality Code.
Article 27 states that naturalization may be granted to aliens fulfilling certain conditions including discretionary factors such as being in good physical
condition, of good moral character, and assimilated into the Madagascar
Table 1
Attribution vs. Acquisition of Malagasy Citizenship12
Attribution of Malagasy
Citizenship (At Birth)
Legitimate Child Father is Malagasy
Father is stateless and mother
is Malagasy
Out-of-Wedlock
Mother is Malagasy
Mother is stateless and father
is Malagasy
9
10
11
12
Acquisition of Malagasy
Citizenship (Prior to the Age of
Majority)
Mother is Malagasy and
father is foreigner
Mother is foreigner, but
Malagasy father has
acknowledged the child
Decree No 60-446 of October 1960 art. 8 (published in conjunction with the Code De La
Nationalité). Translated from French into English by Catherine Moore. A copy of the
translated text is on file with the author.
Code De La Nationalité De Madagascar 1960 (n 2) art. 29(2).
Code De La Nationalité De Madagascar 1960 (n 2) arts. 18, 24.
See generally Code De La Nationalité De Madagascar 1960 (n 2). This table was created by
the author to illustrate the difference between attribution and aquisition of Malagasy citizenship. Specifically, the table demonstrates the distinctions the law makes based on the
gender of the respective parents and whether the child is of a legitimate marriage.
tilburg law review 19 (2014) 182-193