French authorities announced a controversial plan to amend the constitution to revoke “soil rights” citizenship on the French Indian Ocean island of Mayotte, which has been battling growing social unrest and a crippling migrant crisis. .
The French Minister of the Interior, Gerald Darmaninannounced on Sunday, February 11, that the Government seeks to annul the “right to land” on the Indian island of Mayotte, which is experiencing a growing situation of social unrest due to security problems associated with irregular immigration.
The fact that Mayotte is located very close to the Comoros archipelago, and not very far from Madagascar, has promoted the arrival of undocumented immigrants who seek to have children there so that the children can achieve French nationality through the “right of soil.” .
Since 2018, the nationality law no longer applies as is in Mayotte. The possibility of becoming French when you have two foreign parents (from the age of majority or from the age of 13, upon request) It is conditional on one of the parents having been regularly present, on the day of birth, for three months on French territory.
The Constitutional Council validated this difference in treatment based on article 73 of the Constitution, which authorizes adaptations of the law for overseas communities, taking into account the characteristics of the archipelago in the face of important migratory flows.
But, with a suppression of the right to land, “we would go from a simple repeal to a complete division of the right of nationality in France according to the place of birth,” commented in X, Jules Lepoutre, professor of Law at the University of Côte d'Azur.
Suppression du droit du sol à Mayotte, quelques éléments juridiques et historiques à ce stade, suite à l'annonce d'une révision constitutionnelle par Gérald Darmanin 1/n 🧵
— Jules Lepoutre (@JulesLptre) February 11, 2024
France currently grants citizenship by both lineage and place of birth and the government's announcement may further aggravate tensions in the country following the adoption of a tough new immigration law.
While the left denounces the new plan as another attack on French values, some local activists in Mayotte welcome it. Political leaders from the right and the far right quickly suggested that it be applied throughout France.
The initiative was announced by Interior Minister Gérald Darmanin on Sunday during a visit to the archipelago, the poorest area of the country, after three weeks of protests.
In Mamoudzou, the capital, several hundred protesters greeted Darmanin and his delegation with boos and shouts of “Mayotte is angry.”
Mayotte is made up of two islands that voted to remain part of France in 1973. The other islands of the archipelago, with a Muslim majority, asked for independence and became the Comoros.
“We are going to make a radical decision,” Darmanin said.
“It will no longer be possible to be French if you are not the child of a French father or mother,” said the French Minister of the Interior. The measure will reduce “the attractiveness” of the archipelago for future immigrants, he added.
“It is an extremely strong, clear and radical measure, which will obviously be limited to the Mayotte archipelago,” said Darmanin.
The left criticizes the measure, the right applauds it
Boris Vallaud, head of the socialists in the National Assembly, stated that they would oppose the revision of the Constitution. “Citizenship by birthright is not negotiable,” he told France 3 radio.
Fin du droit du sol à Mayotte: “La question migratoire est abordée de la façon la plus démagogique qui soit”, critique le député PS Boris Vallaudhttps://t.co/R68oWjTFIX
— franceinfo (@franceinfo) February 12, 2024
Manon Aubry, of the far-left party France Unbowed (LFI), denounced the decision.
The Administration of French President Emmanuel Macron was “attacking the very concept of nationality, the foundation of the Republic,” he wrote on X, formerly Twitter.
French campaign group SOS Racisme also denounced what it called a “particularly terrifying questioning of the principle of equality.”
The announcement of Gérald Darmanin visant à supprimer le droit du sol à #Mayotte renvoie à une légitimation d'un discours d'extrême droite & à une remise en cause spectaculaire du principe d'égalité pourtant au fondement de notre Constitution et de notre droit👇 https://t.co/HteyRf7aH0 pic.twitter.com/nyIr03DuQm
— SOS Racisme – #NonAuRacisme (@SOS_Racisme) February 11, 2024
While centrist deputy Aurelien Tache told BFMTV that “if this provision is enacted and (far-right) Marine Le Pen comes to power, it will be the end of birthright citizenship in France.”
However, Eric Ciotti, leader of the right-wing party The Republicans, welcomed Darmanin's proposed reform, but complained that it did not go far enough.
“What is happening in Mayotte risks affecting continental France tomorrow,” he posted on X, the former Twitter. The measure should apply throughout French territory, he added.
Sebastien Chenu, spokesman for Le Pen's far-right party, spoke in the same vein.
“A lot of time has been wasted in reaching the conclusion that abolishing land rights, not only in Mayotte but throughout France, is not only necessary but possible,” he told Europe 1 radio. That could be achieved with a referendum and a review of the Constitution, Chenu added.
Le Pen's niece Marion Marechal, of the far-right group “Reconquete”, also welcomed the announcement.
“Bravo for finally recognizing evidence that should have been on the table for more than ten years,” he declared on the BFMTV network. He also defended that the measure could be extended to all of France.
It won't change lives
Mayotte, located northwest of Madagascar, became a full-fledged French department in 2011.
Thousands of Comorians fleeing poverty and corruption travel to Mayotte every year in search of better living conditions.
The influx has caused great tensions, with many Mayotte residents complaining of crime and poverty. Weeks of protests against insecurity and the immigration crisis have passed. The water crisis, which has been going on for several months now, has exacerbated tensions.
According to the French National Institute of Statistics and Economic Studies (INSEE), about 310,000 people live on this 375 km2 island, but authorities say this figure is greatly underestimated.
According to INSEE, more than 40% of the islanders survive on less than 160 euros per month. Almost half of the residents on the island do not have French nationality.
Residence permits issued to foreigners in Mayotte are only valid for the island and cannot be used to travel to mainland France. The suppression of this system is one of the main demands of the protesters.
Darmanin declared that the authorities would abolish the measure as part of the reform, which some protesters welcomed.
France grants citizenship by both consanguinity and birth, although legislation on “ius soli” has been tightened over the years.
In December, the French Parliament passed a tough immigration bill under pressure from the right.
In January, France's highest constitutional authority censured controversial additions made at the behest of the right.
This article was adapted from its original in English
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