AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
but are stateless despite having been in the country for multiple generations. Most
are Muslim. When Madagascar gained independence from France in 1960, the
nationality laws distinguished between those who were automatically Malagasy at
birth and those required to apply. Non-French foreigners in the country were not
granted citizenship and were left stateless.14
The Karana were not considered ethnically Malagasy so were generally not
given citizenship. Most of the estimated 20,000 Karana are believed to be stateless
despite being born in Madagascar and never knowing any other homes.15 The US
Department of State indicated that up to 5% of the country’s two million Muslims are
stateless. In 2021, Madagascar had a total population of approximately 28.4 million.16
Other ethnic and religious minorities are similarly affected, including people
of Chinese, Comorian, and mixed descent.17 Many have attempted to gain citizenship
but have been denied or have faced discriminatory administrative practices. Even
those who legally qualify, in practice face many obstacles in accessing nationality and
are not considered nationals. Reports have emerged that Muslim-sounding names
have been sufficient to deny a citizen application. People have claimed that officials
will arbitrarily request non-existent proof that an individual is Malagasy, despite
the presentation of all required documents if their names ‘sound’ foreign or if they
suspect a person of not being Malagasy.
Statelessness has been passed on through generations among the Karana.
Karana living in Madagascar are forced to pay for, obtain, and maintain residency
permits that describe their nationality as ‘undetermined’. People have also cited high
levels of corruption, a lack of access, a lack of awareness, and limited judicial oversight
as barriers to gaining documents, even if they qualify. While a lack of documentation
has led to exclusion, hardship, and poverty for some, the Karana are still considered
wealthy and powerful and contribute substantially to Madagascar — close to onethird of GDP.18 Preventing them from citizenship stymies economic development
for the whole country as it discourages these same people from investing in growth.
Until 2017, only children born to Malagasy fathers were granted citizenship.
Mothers were unable to confer citizenship to their children. Children born in marriage
to Malagasy mothers and non-Malagasy fathers were not granted citizenship and
had to apply, unless statelessness could be proven, which was exceptionally difficult
to prove. Married women were only allowed to pass on nationality in very limited
circumstances. As a result, many couples have avoided marriage as a means of
Focus Development Association ‘Global campaign for equal nationality rights and institute on statelessness and
inclusion’ Joint Submission to the Human Rights Council at the 34th Session of the Universal Periodic Review (2019),
available at https://files.institutesi.org/ UPR34_Madagascar.pdf
15
Markku Aikomus ‘Madagascar’s Karana people still awaiting nationality’ UNHCR (2017), available at www.unhcr.org/
news/stories/2017/11/5a018ff44/%20madagascars-karana-people-still-awaiting-nationality.html
16
World Bank ‘Madagascar’, available at https://data.worldbank.org/country/madagascar, accessed on 28 November 2022.
17
Equal Rights Trust ‘My children’s future: Ending discrimination in nationality laws’ (2015), available at www.
equalrightstrust.org/resources/my-childrens-future-ending-gender-discrimination-nationality-laws
18
Caroline McInerney ‘Accessing Malagasy citizenship: The nationality code and its impact on the Karana’ (2014) Tillburg
Law Review.
14
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