In February 2024, France announced an amendment to the French constitution that would abolish the right of birth citizenship status to one of its territories which is technically a part of Africa. Now, if the amendment is approved, it would mean that this territory is the only one subjected to this rule. So, why is France making this decision, and is it justified? Let’s find out in this video.

Situated between Mozambique and Madagascar, off the coast of south-east Africa, is an Island known as Mayotte. Although Mayotte is some 7,500 kilometers from mainland France, it is actually a part of France and is referred to as French Overseas territory. Now, in case you are wondering whether or not this Island is supposed to be part of African territory just like Comoros Island or Madagascar. Technically it ought to be because Mayotte which is made up of two main islands form part of a chain known as the Comoro Islands, which France colonised in the 19th century. However, when most of the Islands voted to split off into an independent country named the Comoros in the 1970s, Mayotte alone voted to remain part of France. And, despite repeated objections from the United Nations and the African Union, urging France not to break up the archipelago, in line with international law, France refused and went on to claim Mayotte as part of its own. At first, it occupied a sort of provisional status for decades before becoming a full French overseas department in 2011, meaning that in theory, its legal and social system would be equal to the rest of France.

However, the reality is different. Mayotte Islands are poorer than any other part of mainland or overseas France, with smaller incomes, higher unemployment, lower literacy, and worse health outcomes. According to the National Statistics Office Insee, 77 percent of Mayotte’s 310,000 inhabitants live in poverty – five times the national average. At the same time, the population in Mayotte is growing faster than anywhere else, at least compared to the rest of France as a result of high birth rate and immigration from neighboring Comoros Island. Thousands of citizens from Comoros set sail every year to Mayotte, however, the number of immigrants has caused a strain on the economy and resources in Mayotte causing Mayotte citizens to be frustrated. The tension has led to frequent and sometimes violent unrest, much of it directed against immigrants. For weeks, Mayotte citizens took to the streets to stage strikes and erect roadblocks, protesting against insecurity and uncontrolled immigration. Among their demands is the dismantling of a refugee camp as well as an end to residence permits that prevent their holders from leaving the territory.

In response to the unrest, France through its Minister of the Interior Gérald Darmanin while visiting Mayotte in February announced the proposed amendment to the constitution which will address the irregular migration from the nearby Comorian islands. According to him, the amendment would abolish France’s droit du sol which means “right of the soil or birth citizenship in Mayotte. This birth citizenship entitles anyone born on French soil to become a French citizen, regardless of parentage. However, according to Darmanin, abolishing this right would reduce the attractiveness of Mayotte for prospective immigrants. He also noted that the authorities would abolish the residence permit granted to foreigners which is only valid for the island but cannot be used to travel to mainland France. So, this means that France believes that the reason some Comoros citizens are migrating to Mayotte is because they want to give birth on Mayotte soil, thereby obtaining French nationality for their children, which entitles them to stay there. But is this truly the case? Well, according to Lisa Carayon, a lecturer in law at Paris 13 University, the reasoning behind France’s decision to revoke birth citizenship is a misunderstanding of the situation and the law.

According to Lisa, Even if someone moved to Mayotte illegally with the idea of having a French child, their children would not be able to claim nationality until a very long time later, and in the meantime both they and their children are subject to arrest and deportation with no special rights by virtue of having given birth in Mayotte”. A 2023 report confirms this stating that “While a significant percentage of children born on Mayotte have two foreign parents most non-French mothers have already been living on the islands for two years or more before they give birth, according to the region’s health agency and only 11 percent of mothers arrive pregnant. So, this means that what makes Mayotte attractive to Comoros citizens has nothing to do with French papers but the difference in development. Mayotte Island has a minimum wage of one thousand three hundred and thirty-five euros monthly and although it’s way below that of the minimum wage in France, it’s still very much higher than that of Comoros Island, one of the poorest nations in the world with its minimum wage of a hundred and twelve euros monthly. As with every other migrant, immigrants from Comoros are simply looking for better opportunities.

Now, while some Mahorians welcomed the decision made by France, others have condemned as discriminatory and racist because it only applies to Mayotte. In France, the left denounced the measure as a racist attack on French values while the right, being anti-immigrant, welcomed it. Boris Vallaud, head of the Socialists in the National Assembly, said they would oppose the constitution’s revision because according to him “Birthright citizenship is not negotiable. French campaign group SOS Racisme also denounced what it called ‘a particularly spectacular calling into question of the principle of equality. However, Éric Ciotti, leader of the right-wing Republicans, welcomed Darmanin’s proposal and even went ahead to complain that it wasn’t enough. According to Eric “What is happening in Mayotte risks hitting mainland France tomorrow,’ hence the measure should be applied across the whole of French territory.

This seeming crackdown on immigrants is not the first time that France has employed such policies. In April 2023, the government launched “Operation Wuambushu” – a months-long police surge targeting slums, criminal gangs and undocumented immigrants in Mayotte, many of whom were deported to Comoros. The Comoran government refused to take them back in, however, ratcheting up tensions between the country and France. During the operation, the French government mobilized 000 troops and police to carry out mass expulsions, destroy slums and eradicate violent gangs. However, the operation raised concerns about human rights abuse and aggravated tensions between local residents and immigrants from the neighboring country of Comoros. It also laid bare entrenched poverty among both communities, tensions over the island’s status — and deep inequalities between Mayotte and the rest of Franc

France’s current decision has however, not calmed down the tension in Mayotte. Although the Interior Minister promised to abolish the residence permit which keeps immigrants from moving elsewhere to France, which is the priority of the people of Mayotte Island, the protesters have said that they have learned from their previous experience that they cannot rely on promises from Paris. One 28-year-old protester stated that “In Mayotte, we shout, we scream, we cry and we go on strike, but at the end of the day we always get swindled,” According to legal expert Carayon, “Time and again the French state has relegated Mayotte to second-tier status whether by setting the minimum wage and social benefits lower than in the rest of France or declining to guarantee the same rights. She also added that Mayotte’s biggest problem is possibly not immigration but the way that its people have for decades been marginalized by the French government. This brings us to the point that France’s decision to revoke birth citizenship in only Mayotte probably has little to do with controlling immigration and more with enforcing a form of control on the Island.

Prior to this time, the French government has already subjected Mayotte to tougher citizenship laws than the rest of France, introducing a rule in 2018 that at least one parent had to reside there legally for more than three months before their child’s birth for the child to qualify for French nationality. And guess what? No such condition applies elsewhere in France. So, in our opinion, this doesn’t have anything to do with controlling immigration, it’s simply an extension of the law made in 2018. The fact is, forcefully repatriating Comorans, as they tried to do last year was unacceptable and wouldn’t solve the issue of immigration, and neither would abolishing the birth citizenship. According to Aimée-Noël Mbiyozo, Senior Research Consultant for Institute for Security Studies “This decision will come with major costs, including putting people at risk of statelessness, creating a tiered citizenship system, deepening political divisions between Comoros and Mayotte, and costing some Mahorais their access to French citizenship. Some Mahorais may think it will be to their benefit, but the perceived political gains will prove short-sighted and don’t outweigh the costs.’

The best way to reduce irregular migration to Mayotte would be to de-territorialise’ residence permits ensuring that migrants would be able to reside anywhere in France instead of only in Mayotte. But, France intends to abolish that residence permit completely so that removes that option. So do you think France’s decision is justified? Let us know in the comment section below. Don’t forget to like, subscribe, and share this video.