CMW Concluding Observations: Madagascar, 2018
Published: 15/Oct/2018
Source: UN Committee on the Rights of Migrant Workers
Concluding observations on the initial report of Madagascar
CMW/C/MDG/CO/1
Birth registration and nationality
39.The Committee notes the legislative measures taken by the State party to reduce statelessness. However, it is concerned about the high number of stateless persons in the State party, and:
(a)The lack of information on the conditions under which the children of Malagasy migrant workers abroad and migrant workers in Madagascar may be registered at birth or at a later time and have their nationality of origin recognized;
(b)The demanding requirements for naturalization in the State party;
(c)The delays in the establishment of a committee to decide on cases of statelessness, in accordance with Decree No. 1236 of 1 July 1961.
40. The Committee recommends that the State party:
(a) Guarantee that all children of Malagasy migrant workers abroad and of migrant workers in Madagascar are registered at birth, facilitate late registration, guarantee that such children receive identification documents, in accordance with target 16.9 of the Sustainable Development Goals and the commitments made as part of the universal periodic review process (A/HRC/28/13, para. 108.62), cooperate with States of origin and migrant workers in the State party, including those in an irregular situation, stateless persons and those without identity documents, in ensuring recognition of their nationality and raise awareness among migrant workers and members of their families of the importance of registering children at birth;
(b) Simplify naturalization procedures for children born in Madagascar to foreign or stateless parents or parents who do not have the right to transmit their nationality to their children abroad;
(c) Allocate adequate human, technical and financial resources for the implementation of Act No. 61-025 and the establishment of a committee to decide on cases of statelessness;
(d) Accede to the Convention on the Reduction of Statelessness.