“Continue its efforts to adopt legislations to combat trafficking and protect women’s rights in
particular nationality and gender equality”.10
13. Brazil recommended that Madagascar
“Step up efforts directed at fighting discrimination based on gender, particularly in order to end
discriminatory treatment affecting children born to a foreign father married to a Malagasy
women”.11
14. Russian Federation recommended that Madagascar
“Adopt additional measures to eliminate violence against women and children and ensure gender
equality in society”.12
15. Rwanda recommended that Madagascar
“Intensify efforts to ensure gender equality and eliminate sexual and gender-based violence,
including through considering development of a National Action Plan and implementation of
Security Council Resolution 1325”.13
16. Following the state’s acceptance of these recommendations, the government of Madagascar took
important steps to achieve these commitments. In January 2016 the government promulgated a new
nationality law, loi n°2016-038, that removed gender-discriminatory provisions regarding the conferral
of nationality on the children of Malagasy citizens. Today Malagasy women and men have the equal
right to confer nationality on their children. Importantly, the reform has retroactive application,
meaning that families that suffered under the previous law can now benefit from the reform. By April
2018 —just a little over a year after the reform—1,361 families had already benefitted from the new
law, which facilitates these citizens’ full participation in society and in the country’s development.
17. Unfortunately, the 2016 nationality law reform did not address gender-discriminatory provisions that
deny Malagasy women the ability to confer nationality on a non-national spouse on an equal basis with
Malagasy men.
Madagascar’s International Obligations
18. Madagascar is a party to core human rights instruments, including: the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC),
and Convention on the Rights of Persons with Disabilities (CRPD), International Covenant on Civil and
Political Rights (CCPR), International Covenant on Economic, Social and Cultural Rights (CESCR), and
International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
19. Madagascar has not yet acceded to key international instruments which protect refugees, stateless
persons and indigenous persons. For example, Madagascar is not a party to the 1951 Convention
relating to the Status of Refugees (Refugee Convention) and its Protocol, the 1954 Convention relating
to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the ILO
Convention No. 169 on Indigenous and Tribal Peoples, among others.
10
Ibid.
Ibid.
12 Ibid.
13 Ibid.
11
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