146.Three regions conducted a Census Birth: Anosy, Androy and Analamanga. The
Anosy Region recorded the highest number of children without birth certificates at a
rate of 44,041 against 2,259 for Analamanga. 33,659 court orders for birth
certificates were issued in Anosy and 840 Analamanga.
147.Ordinance No. 60-064 of 22 July 1960 on the code of Malagasy nationality
determines the conditions under which the Malagasy nationality is assigned or may
be acquired.
148.The legitimate child born to a Malagasy father is considered Malagasy.
149.The child born to a Malagasy mother and a father of a foreign nationality, shall use
at his/her majority, a naturalisation procedure if he/she wishes to acquire Malagasy
nationality.
150.A bill amending and supplementing certain provisions of Ordinance No. 60-064 of
22 July 1960 on the Malagasy Nationality Code is being developed in order to follow
the recommendation of the CERD Committee, which asked Madagascar to revise its
law on nationality and ensure Malagasy nationality to children of mixed marriages, as
well as children born to a father of Malagasy nationality and a mother of foreign
nationality.
151.This bill in its Article 9 provides that::
"Is Malagasy:
1 – The child whose parentage is established with regard to a father and a mother
of Malagasy nationality regardless of domicile or residence.
2 –The child whose parentage is established with regard to one parent of Malagasy
nationality".
152.This article of the bill is consistent with the principle of non-discrimination in the
sense that the Malagasy nationality of one parent is sufficient for the child to
automatically access the Malagasy nationality.
153.The newborn child found in Madagascar is presumed to be born there, until proven
otherwise in accordance with Article 11 of Ordinance No. 60-064 of 22 July 1960 on
the code of Malagasy nationality. The person who finds the child gives him/her a
name via a birth court order.
b. Freedom of expression
154.Article 10 of the Constitution states that "freedom of opinion and expression, (...)
are guaranteed to all and can only be limited by respect for the freedoms and rights
of others and the imperative to safeguard public order. "
155.In its article 7, Act No. 2007-023 on the rights and protection of children enshrines
the recognition of the child's views in these terms: "Every child capable of
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