In Madagascar, the controversy over the French nationality of President Andry Rajoelina turns into a crisis of confidence

Can Andry Rajoelina still be considered the Malagasy head of state under the law? Can it be the “French President of the Republic of Madagascar”as wondered The Madagascar Tribune in its edition of Saturday, June 17? The question has arisen since the disclosure, on June 15, of his French naturalization by a decree signed by Prime Minister Manuel Valls and Interior Minister Bernard Cazeneuve on November 19, 2014. According to several testimonies, this nationality had been granted to him in exchange for his withdrawal – which was only temporary – from the political scene a year earlier, in 2013. Four years after the coup d’etat which had allowed him to access the head of Madagascar, this was to allow the country to turn the page on the transition regime.

Therefore, Andry Rajoelina should not have been allowed to stand in the 2018 presidential election since any suitor must prove Malagasy nationality, as required by article 46 of the Constitution. It is not the fact that the president can benefit from dual nationality – which is the case for thousands of Malagasy given the common past between the two countries – which poses a problem here, but that he is no longer Malagasy . The nationality code is clear on this point: “Loses Malagasy nationality, the adult Malagasy who voluntarily acquires a foreign nationality”according to article 42. Category in which enters the president, who was 40 years old at the time of his naturalization.

After the moment of amazement at the possible scope of the information, the president’s relatives have multiplied the counterfire in recent days to clear the bomb dropped by anonymous sources on several newspapers, including The world, a few months before the next presidential election, scheduled for November.

After an initial reaction from Andry Rajoelina’s chief of staff in The world, claiming that French nationality was granted to him by descent, government spokeswoman and communications minister Lalatiana Rakotondrazafy told national television that the head of state “has not yet lost his Malagasy nationality”, because he did not request authorization from the government as provided for in the nationality code, under certain conditions. Sunday evening, Andry Rajoelina, for his part, took advantage of the reopening to the public of the Rova, this set of royal residences which dominates Antananarivo, to try to minimize: “No one can erase the fact that we are Malagasy and no one can change the Malagasy blood that flows through our veins. »

“Moral fault”

Justifications deemed neither convincing nor sufficient. The opposition party MMM (Malagasy Miara-Miainga), whose president, Hajo Andrianainarivelo, left the government at the beginning of 2022 to denounce the impasse in which he believes the country is sinking, demanded explanations on “this subject which offends the sovereignty of the Malagasy who have been betrayed”.

Rivo Rakotovao, head of the HVM party, also denounces a ” treason “ and an “moral fault”. “There is a glaring legal problem, but what bothers me most is that he lied. He became French and, in doing so, he pledged allegiance to another country. What credibility does he have to defend Madagascar? »condemns the former president of the Senate, making particular reference to one of the points of disagreement between Paris and Antananarivo, the request for the restitution of the Scattered Islands.

This string of lands located in the Mozambique Channel was withdrawn by France from its former colony at the time of independence in 1960. Andry Rajoelina had promised the resolution of this territorial dispute, but the negotiations got bogged down; Malagasy press cartoonists have been quick to find the explanation in recent days by caricaturing the embarrassed president of two flags: that of the Big Island brandished high and that of France behind his back.

While discussions are continuing within the political staffs of the opposition, the appointment of a parliamentary commission of inquiry which could lead to a dismissal procedure is mentioned by the HVM. In France, the opponent in exile Fanirisoa Ernaivo announced Monday, June 19 that a complaint would be filed with the court of first instance of Antananarivo to rule on the unprecedented case of foreignness of the head of state. The former leader of the Syndicat de la magistrature de Madagascar, now head of the Association for Development and Democracy in Madagascar, calls on foreign governments and international financial institutions to suspend “any new commitment as long as the status of Mr. Rajoelina has not been decided”. A letter was sent to French parliamentarians to alert them.

Unfinished revision of the electoral list

The diplomatic representations have so far remained silent, but a new meeting was scheduled for Monday between several of them. “For the moment we are only observing, but it is clear that, if the law were to be applied, it would be up to the High Constitutional Court to find that Mr. Rajoelina is no longer Malagasy and to dismiss him”however loose one of them.

Once again, the attitude of foreign partners could be decisive. Their participation in the financing of the electoral process of the presidential election of November 9 was requested and an agreement in principle was granted lip service. The organization of the elections is the subject of strong criticism from the opposition, which sees in particular in the unfinished overhaul of the electoral list significant risks of fraud.

The ban on open-air public meetings imposed in early April as the president criss-crosses the country to defend his record has ratcheted up the tension in a country exhausted by economic difficulties and the restriction of freedoms. Clashes occurred in Antsirabe (Centre), Saturday, June 17, between supporters of former President Marc Ravalomanana and the police, who were trying to prevent him from accessing the place of his meeting. Four people were injured.