Madagascar: How Madagascar's New Foreign Investment Law Will Perpetuate the Colonial Dispossession of the People

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Analysis - The new law gives foreign investors equal rights to land as ordinary Malagasy, some who are still demanding the return of ancestral lands seized by the French in the 19th century.

after being caught red-handed in a racketeering case involving hundreds of millions of Malagasy Ariary, the national currency.

Malagasy feel powerless in the face of high-level corruption within the justice system. Monique Raharimalala, who owns a plot of land in Mahajanga, has been trying to regularize her land and obtain a title since 2017. However, the administrative procedures have been slow, and by 2023, she still hasn't received a title. Monique shares her frustration:"People have told me that I won't receive anything unless I give money.

Monique's family also faces land-related issues. Her mother acquired a plot of land in 1993 when land registration was not a common practice. Despite having a document from the fokontany attesting to her mother's ownership, their neighbour found a way to demarcate and obtain titles for the land, including her mother's plot. Portions of the land were sold to a lady married to a foreigner, while another part was offered to Monique's mother.

The case was brought before the courts with the support of a lawyer who represents her gratis. It is still ongoing to this day. Monique expressed their fear and despair:"The case went through the Court of First Instance, the Court of Appeal, and the Administrative Court... We, her children, are no longer convinced to fight for this land. We are being told to give up the land because she receives threats. Mom perseveres thanks to the support of the lawyer who refuses to let go of the case.

 

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