and the question
of their
worked on foreign
vessels,
therefore
had to be considered
at the international
Protection
of the &a&v
trade
level.
union
right6
and chilw
members of the Committee asked what further
559. With regard to that issue,
progress
had been achieved,
if any, since the submission
of the report,
in
enacting
legislation
to ensure an equal share of responsibilitiec,
duties
and
rights
between spouses:
and, in that regard,
whether
any of the bills
mentioned
in paragraph
226 of the report
had been enacted.
Further
information
was also requested
on procedures
governing filiation
and the
grantinq of Malagasy nationality,
particularly
in the case of children born of
unknown parents, and it was asked whether Madagascar intended to ratify
the
Convention on the Rights of the Child.
560. In reply to the questions asked, the representative
of the State party
indicated that there would be no constitutional
changes in the law governing
which was based on customary
the protection
of the family and children,
specificities
and historical
facts.
The provisions
relating
to the sharing of
community property had been amended by an act of 20 July 1990, which
established equality
between the spouses. The idea of the husband as head of
household was also disappearing in Malagesy law. Madagascar, a country which
had a very young population and which therefore
attached a great deal of
importance to the rights of the child, had signed the Convention on the Rights
of the Child and the Convention relating
to the Status of Stateless Persons.
The criteria
used to determine the nationality
of a child born of unknown
parents might seem arbitrary,
but they were based on an old tradition
whereby
the members of grass-roots
communities were chosen by co-optationr
in such
cases, the judge requested the views of the community where the child lived
before deciding whether or not to give it Malaqasy nationality.
Madagascar, B
country of transit
for many Asian immigrants, could not consider the
possibility
of giving Malagasy nationality
to all children born on its soil.
5Gl. With reference to that issue, members of the Committee wished to receive
information
on minorities
that had not yet fully
succeeded in taking their
place in the Malagasy nation.
They also asked what the term “minority”
meant
in Malaqasy law: whether the authorities
of that country knew about the
“threshold of tolerance”
concept: and whether assistance was given to persons
in Madagascar who did not speak the official
language, particularly
in their
contacts with the administrative
or judicial
authorities.
562. In his reply, the representative
of the State party stressed that, since
had
Madagascar was a country settled by immigrants, many foreign minorities
been livinq
there for centuries.
Those minorities
had integrated
and had
formed the Malagasy nation.
The influence of the European, Arab/Muslim,
Asian, Chinese, African and Indonesian communities Varied from region to
region, but it was still
strong, particularly
in the economic field.
With
the exception of regrettable
incidents that had taken place against
Indian/Pakistanis
and the Comorian minority
in 1976, the number of foreigners
did not give rise to any real problems in Madagascar, and there was ti:xt- no
need for the “threshold of tolerance”
concept.
Any member of a minority who
had Malagasy nationality
was fully
integratea
into society.
The members of
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