In this series of blog posts, we will be asking the students honoured in this year's UNHCR Award for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. Second in the series is Caroline McInerney, whose graduate level paper entitled "Citizenship Laws of
Madagascar: Future Challenges for a Developing Nation", University of Virginia School of Law in the United States, won Joint Best Research in the Graduate Category.
1.
Could
you summarise, in 2 or 3 sentences, what your research was about?
My research focused on the citizenship laws of
Madagascar, examining the ways in which specific provisions of the Nationality
Code as well as systemic issues in the administration of the laws have created
a growing problem of statelessness and access to citizenship in the country.
Specifically, my researched looked at the extent to which those who are Muslim
or of Indian/Pakistani decent, referred to as Karana, are disproportionately
affected by this problem of access to citizenship. I attempted to characterize
the impact not having Malagasy citizenship has on the
daily lives of these individuals and offer solutions for reforming the citizenship
system.
2.
What
first got you interested in the problem of statelessness?
During my undergraduate studies I became involved with
the migrant farmworker population in the United States, tutoring English to
immigrants from Latin America on diary farms in New York State. Observing
first-hand the way issues of citizenship impacted these individuals and forced
them to live in the shadows motivated me to pursue a legal degree. I wanted to better
understand the laws that dictated citizenship and nationality determinations as
well as different countries’ approaches to these problems. Within the field of
citizenship and nationality, the problem of statelessness raises particular
concerns because not only do these individuals not have legal status in their
country of residence, but also they are not legally citizens of any country.
3.
Why
did you choose this particular research topic?
Because of the political turmoil Madagascar has been
in since 2008 and the continued efforts to hold elections, I thought it was a
unique time to research issues of citizenship in Madagascar. There have been
concerted efforts to try and hold elections to restore legitimacy to the
government, but I was very curious to understand who among the people in
Madagascar actually had the right to vote in these elections. There are many
families who have lived in Madagascar for four or five generations that are not
able to naturalize as Malagasy citizens and thus will never be a part of the
participatory democracy the country is working to create. I wanted to
understand what was the cause of the issue of statelessness in the country and
what impact lack of access to Malagasy citizenship had on individuals in their
daily lives.
4.
Could
you briefly describe how you went about your research?
E.g. did you base it on existing sources
– and were they easy to find? Did you do fieldwork or interviews – and what was
that like?
Statelessness in Madagascar was relatively under
researched. Some sources have identified the issue, but there was a lack of
research concerning the scope of the problem or the root causes. My research
was driven in large part by the fieldwork I did in Madagascar as well as
sources I was able to find that provided some background history of the Karana
and Muslim communities in the country. Madagascar’s Nationality Code is rather
complex and one focus of mine was to understand to what extent the text of the
Code was the cause of the problem verses the administration of the system. I
did a thorough analysis of the language in the Code breaking down the different
pathways to citizenship and identifying possible gaps in protection. I coupled
this with interviews I had in country that explained how the Code was
implemented in practice. Madagascar has ratified several international
conventions that deal with issues of access to citizenship, gender rights,
children’s rights, and discrimination. I examined whether the Nationality Code
in its text and in its operation adheres to these standards. My fieldwork
helped me gain a better perspective of what impact not having citizenship has
on individuals’ daily lives. I also observed first-hand how the different
communities, Malagasy, Karana, and Muslim, intersect in Malagasy society. A
better understanding of the racial and ethnic divides in the country allowed me
to identify what barriers existed to reforming the citizenship system and some
potential avenues for change.
5.
What
was the greatest challenge you had to deal with in undertaking your research?
Individuals facing issues of citizenship or
statelessness are often unwillingly to speak openly about the problem. Sometimes
those most impacted are purposefully hidden in the shadows for their own safety.
Those who I did speak with in Madagascar were occasionally cautious of speaking
candidly about the situation because they did not want to be the instigator of
unrest or start conflict between the Karana, Muslim, and Malagasy communities. Moreover,
there is no existing institutional structure within the country that is working
with stateless individuals or looking at the issues of access to citizenship. My
approach was to focus on accessing the communities most impacted by these
issues, speaking with leaders in the Muslim and Karana communities.
6.
Could
you briefly summarise your main findings or conclusions – or what you think is
the most important outcome of your research?
Statelessness as well as access to Malagasy
citizenship is a significant problem in Madagascar. Many foreigners who have
been in the country for generations are still waiting to be naturalized. The
Karana, who are estimated to contribute close to one-third of the country’s
GDP, are disproportionately affected by this problem.
While some of these individuals have been able to acquire citizenship of
another country, precluding them from accessing Malagasy citizenship is a
problem from a development perspective. These indivdiuals may be less likely to
invest in the country if their legal status in Madagascar is uncertain. As the
country develops having Malagasy citizenship will become more important for
accessing social services and participating in the democratic life of the
country. Continuing to marginalize a significant portion of the population in
Madagascar could lead to civil unrest. The government has the opportunity now
to peacefully reform the citizenship system and build a strong foundation for a
vibrant participatory democracy in the future. There are deep racial tensions
underlying the issue of statlessness and access to citizenship, but Madagascar
can start by amending the Nationality Code to more closely align with the
international conventions it has ratified. The country can also do more to address
institutional barriers to accessing citizenship and work to promote integration
of the Muslim and Karana communities.
7.
Have
you found it rewarding to research statelessness – why / why not?
Researching statelessness is very rewarding because it
focuses on helping individuals who are deprived one of the most basic human
rights, the right to be a citizen of a country. It also gives a voice to people
who may not be able to speak out on their own behalf because they have well
founded fears for what might happen if they draw attention to themselves, their
communities, and their status.
8.
What
tips would you give to students who are getting involved in statelessness
research to help them? E.g. are there particular questions you think they
should be looking at or methodological issues they should consider?
I think it important to understand the cultural and
historical factors that may be contributing to the problem of statelessness. Being
able to spend time in the field is helpful in this regard. Even informal
conversations that take place while doing fieldwork, that may not directly deal
with the problem of statelessness, are helpful in framing the issue. Also, be
cognisant of what role you play in the conversation. Often your own gender,
race, and ethnicity can change the shape of the conversation. Be aware of this
and consider mechanisms for overcoming this while in the field.
Caroline McInerney will complete her J.D. degree at the University of Virginia School of Law (UVA) in May of 2014. She graduated with honors from Cornell University, School of Industrial and Labor Relations in 2011. As an undergraduate, McInerney worked with the immigrant farmworker population in upstate New York teaching English. Through field research she also developed a domestic fair trade proposal to improve migrant conditions. Her research has focused on the intersection of immigration and labor issues as well as refugee rights. McInerney’s honors thesis at Cornell explored the impact of extraterritorial border enforcement on refugees. Working at the United Nations International Labour Organization in Geneva, she contributed to a book titled Making Migration a Development Factor: The Case of North and West Africa and coauthored the working paper, Youth Employment in Crisis. At UVA McInerney volunteers with the Migrant Farmworker Project and the Capital Area Immigrants’ Rights Coalition. She is the Submissions Review Editor for the Virginia Journal of International Law. She spent the summer of 2012 working with asylum applicants at Sanctuary for Families in New York City. Most recently McInerney conducted fieldwork in Madagascar studying the issue of statelessness among the Muslim and Indo-Pakistani populations.
Caroline McInerney will complete her J.D. degree at the University of Virginia School of Law (UVA) in May of 2014. She graduated with honors from Cornell University, School of Industrial and Labor Relations in 2011. As an undergraduate, McInerney worked with the immigrant farmworker population in upstate New York teaching English. Through field research she also developed a domestic fair trade proposal to improve migrant conditions. Her research has focused on the intersection of immigration and labor issues as well as refugee rights. McInerney’s honors thesis at Cornell explored the impact of extraterritorial border enforcement on refugees. Working at the United Nations International Labour Organization in Geneva, she contributed to a book titled Making Migration a Development Factor: The Case of North and West Africa and coauthored the working paper, Youth Employment in Crisis. At UVA McInerney volunteers with the Migrant Farmworker Project and the Capital Area Immigrants’ Rights Coalition. She is the Submissions Review Editor for the Virginia Journal of International Law. She spent the summer of 2012 working with asylum applicants at Sanctuary for Families in New York City. Most recently McInerney conducted fieldwork in Madagascar studying the issue of statelessness among the Muslim and Indo-Pakistani populations.
