years. This immediate aspect of birth registration also extends to the right to name of
the child, and hence naming should not take more than a month. Additionally,
acquiring a civil status is a precondition to acquire nationality in Madagascar.
Therefore, the Committee urges the State Party to encourage birth registration by
sensitizing the society to name children early and to register their birth immediately
after birth.
19. With regard to right to nationality, the State Party report indicates that the
Government has decided to adopt a nationality bill that amends and supplements
the Malagasy Nationality Cod and avoids any form of discrimination. However, the
Committee is concerned that the bill has not yet been adopted. The Committee
recommends for the State Party to fast-track the adoption of the bill amending and
supplementing the Malagasy Nationality Code and to include in it provisions that
vividly provide for Malagasy nationality for stateless children and avert any
discrimination against children born from stateless parents.
20. The Committee also encourages the State Party to refer to its General Comment No.
2 on Article 6 of the African Children’s Charter for additional guidance on the
implementation of the provision.
Freedom of expression, access to appropriate information, freedom of thought,
conscience and religion
21. The Committee, while appreciating that those children who are capable of
discernment have the right to express their opinion, is concerned how the State
Party differentiates capacity of discernments. The Committee recommends that the
State Party adopts clear and unequivocal standards that can be used to implement
Article 7 of Act No. 2007-023 on the rights and protection of children.
22. In relation to freedom of association, the Committee appreciates the fact that
children can freely join associations to express their views. But, the Committee also
notes that civil majority is required to register an association. Therefore, the
Committee encourages the Government of Madagascar to make sure that this
requirement does not impede children’s rights to association; and to formulate a
mechanism in which children can fully exercise their freedom of association as
enshrined in the African Children’s Charter.
23. Concerning freedom of thought, conscience and religion, the Committee
recommends for the State Party to balance parental responsibility and control with
the child’s freedom of religion. It is also important the State Party ensures the right to
privacy of children in the family, schools and in the community; and to extend this
protection to child witnesses, child victims and juvenile delinquents.
24. The Committee would also like to encourage the State Party to empower children
themselves in order to build their capacity to actively seize their freedoms.
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