Mayotte — May 10, 2024 —
A controversial law in Mayotte has significantly restricted access to French nationality, raising concerns about discrimination. The law, which targets children born to foreign parents, has ignited a firestorm of criticism, with some alleging it’s a part of broader colonial policies. This has garnered strong reactions, leading to calls for action in the wake of the new nationality regulation. Stay tuned for further developments.
New Law Tightens Nationality Access in Mayotte, Critics Allege colonial Undertones
A controversial law, recently validated, has considerably tightened access to French nationality for children born in Mayotte to foreign parents, sparking widespread debate and accusations of discriminatory practices. The Constitutional Council’s decision has ignited concerns over the future of Comorian and immigrant youth on the island.
Legislative Background and Political Reactions
The law, spearheaded by a member of the Republicans party, Philippe Gosselin, was passed amid heightened security measures during Cyclone Chido. Its passage was marked by what some observers describe as a large racist consensus of the political class.
Debates surrounding the law reportedly featured xenophobic rhetoric, with some politicians even calling for the end of birthright citizenship across all of France.
Key Provisions of the New Law
The new legislation imposes stricter requirements for children born in Mayotte to acquire French nationality. These include:
- Parents must demonstrate legal residency for at least one year before the child’s birth, a important increase from the previous requirement of three months.
- A biometric passport is now mandatory to prove residency, a condition critics argue is deliberately difficult to meet for many young people born and raised in Mayotte.
Accusations of Colonial Policy and Repression
Critics argue that the law is part of a broader pattern of xenophobic and colonial policies
that exacerbate the challenges faced by Comorian and immigrant populations in Mayotte. They point to administrative hurdles, such as restrictions on residency permits and the absence of a Comorian consulate on the island, as factors that make it exceedingly difficult for individuals to comply with the new requirements.
Government Response and “Iron Wall” Operation
The law coincides with increased government efforts to control immigration in Mayotte. French President Emmanuel macron announced a new military-political operation called iron wall,
wich aims to increase border enforcement and strengthen police presence. This operation includes plans for 35,000 renewed on the border per year
and has been described as a real war plan for the Comorian and immigrant population of the island.
Constitutional council’s Role and Justification
The Constitutional Council, under the leadership of Richard Ferrand, validated the law, citing the high proportion of people of foreign nationality
and those in an irregular situation
in Mayotte as justification for adapting nationality rules. The council referenced Article 73 of the French Constitution, which allows for differentiated legal treatment in overseas territories due to their specific characteristics and constraints.
These circumstances constitute,within the meaning of article 73 of the Constitution,particular characteristics and constraints likely to allow the legislator to adapt,to a certain extent,the rules relating to the acquisition of French nationality.
Constitutional Council
Criticism of the Constitutional Council
critics argue that the constitutional Council’s decision reinforces discriminatory practices and serves the government’s agenda. Some view the council as an institution at the service of power,whose decisions are weighed to serve the regime and its leaders.
They contend that Article 73 of the Constitution is used to justify discriminatory measures against ultramarine populations.
The population of mayotte includes, compared to the entire population residing in France, a high proportion of people of foreign nationality, many of whom are in an irregular situation, as well as a high number of children born of foreign parents.
Constitutional Council
Call for Action
In response to the new law, there are calls for organizations, student movements, and workers to denounce the strengthening of the colonial regime in Mayotte.
Advocates are urging for the end of colonial legal regimes, the dismantling of reactionary institutions, and the cessation of military-political operations in the colonies. They are also demanding the regularization of all undocumented individuals.
