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TITLE: MADAGASCAR HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
MADAGASCAR
Albert Zafy became President of Madagascar in March after
defeating incumbent President Didier Ratsiraka in a runoff
election determined by international observers to have been
generally free and democratic. Legislative elections followed
in June, and the new National Assembly, representing a spectrum
of political parties, convened in August to choose Francisque
Ravony, Vice Prime Minister of the previous unelected
transitional government, as Prime Minister. Ravony's
Government took over from the transitional government, led by
Guy Willy Razanamasy, which was formed in late 1991 following
mass protests against incumbent President Didier Ratsiraka who
had ruled for 16 years.
Like the political system, the security forces have been going
through a period of transition. Mixed commands of military,
gendarmerie, and the national police are now responsible for
internal security and are under civilian control. During the
year, the army slowly assimilated the 1,800-man Presidential
Security Guard, which had been loyal to ex-President Ratsiraka
and responsible for some violence aimed at upsetting the
electoral process in 1992. In April mixed commands, acting
under orders from President Zafy and then-Vice Prime Minister
Ravony, intervened in Antsiranana (Diego Suarez) to round up
more than 90 extremists, notably arresting several army
officers accused of involvement with "Federalists" (Ratsiraka's
supporters). On June 1, a similar group of combined security
forces successfully expelled Federalist militants who had taken
over provincial administration buildings in Toliara (Tulear).
There were no reports of physical mistreatment of detainees by
the security forces.
Despite some political and economic reforms, living standards
have deteriorated in recent years. The economy remains highly
dependent on agriculture, and the long-run prospects for
traditional export products such as vanilla and coffee are not
encouraging. The outlook for tourism, manufacturing, mining,
and fishing is more positive, but to date these activities have
played a relatively minor role in the economy. Smuggling of
vanilla, gold, precious stones, and cattle is of growing
concern. Unemployment and underemployment are serious problems
in Madagascar, especially among the young (about 60 percent of
the population is under age 25).
The human rights situation improved with the holding of two
free and fair elections and the installation of a new
President, a new National Assembly, and a new Government.
Citizens freely exercised freedoms of speech, press, and
assembly, although there remained some self-censorship by the
media. Despite this progress, there were a number of human
rights abuses, notably in the extrajudicial actions by the
pro-Ratsiraka militants in seizing administrative buildings in
Toliara, which resulted in at least two deaths. Other violence
between Federalists and pro-Zafy militants (Active Forces or
Forces Vives) in Diego Suarez Province in March and April also
left a small number dead. Other abuses centered on ineffective
law enforcement, which resulted in increased vigilante
extrajudicial actions, including summary executions, and on the
weak and overburdened judicial system in which the accused,
primarily because of long delays, often do not receive due
process.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political killings by government forces.
However, there were extrajudicial killings in the politically
motivated violence between Federalist and Active Force
supporters in the north (Antsiranana) and south (Toliara)
coastal areas. Tensions between these two groups were high in
the context of the presidential election campaign which pitted
Albert Zafy against Didier Ratsiraka. In these two areas
especially, the supply and availability of illegal firearms
helped spark violence and lawlessness. Victims of physical and
material damage were usually known political activists.
Political militants, thugs, and organized criminals no doubt
used the cover of political unrest to settle personal scores in
some cases. In restoring order in Antsiranana and Toliara
provinces, government forces did not use excessive force and
reportedly detained those arrested in humane conditions.
In March gendarmes killed two unarmed German scientists who
apparently were suspected of poaching at night in Garagantasy
Forest Reserve near Mahajanga. A gendarme was also killed in
the encounter, presumably accidently by his own men, and
another German was seriously wounded. Investigation into the
killings, while not conclusive, suggests the gendarmes used
excessive force.
Continued crime and inadequate law enforcement resulted in
increased instances of civilian vigilantes taking summary
retribution against alleged criminals. In an effort to cope
with rising insecurity in the countryside, the President and
transitional government officials encouraged the use of
village-level mutual security pacts, known as "dina," which are
administered by local traditional leaders (see Section 1.e.).
Officials attempted to conform dina punishments to codified law
but failed to prevent some extrajudicial executions of suspects
who were not allowed adequate defense or due process rights.
The Government's investigation into the killing of more than 30
demonstrators by guards at then-President Ratsiraka's Iavoloha
Palace on August 10, 1991, was still pending at year's end, and
no arrests or convictions had resulted. Nor had there been an
official report on the shooting by soldiers on March 31, 1992,
at the National Forum (Constitutional Convention) in
Antananarivo which left six pro-Ratsiraka supporters dead.
b. Disappearance
There were no permanent disappearances in 1993 and no
acknowledged cases of unsolved abductions or disappearances;
however, unsubstantiated rumors and accusations of
disappearances following the August 1991 confrontation at
Iavoloha Palace persist. The Government is not actively
investigating this case.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution provides for the inviolability of the person.
However, credible reports indicate that dina trials in remote
areas used various ordeals, even torture, in determining guilt.
Conditions in prisons are harsh and life threatening. The diet
provided is inadequate, and family members must augment
inmates' daily food rations, in some cases after bribing
guards. Those prisoners without relatives in the prison
vicinity sometimes go for days without food. Each prisoner has
on average less than one square meter of space. Prisoners,
estimated at 23,000, suffer a wide range of medical problems
that are not routinely treated, including malnutrition,
infections, malaria, and tuberculosis, which are exacerbated
during the winter months. There have been an unknown number of
deaths resulting from these conditions.
Women in prison have suffered abuses, including rape, as
inmates in unsegregated prison confinement. A number of
children live in the prisons with their mothers, suffering the
same deprivations, and some guards conspire with female inmates
to promote prostitution. The Government permits prison visits
by the International Committee of the Red Cross, the Malagasy
Red Cross, and religious and charitable organizations. On at
least one occasion, even the media were permitted access to
prisons.
d. Arbitrary Arrest, Detention, or Exile
Legal safeguards against arbitrary arrest and detention are not
always observed. According to the law, in a criminal case, the
detainee must be charged or released within 3 days of arrest.
An arrest warrant may be obtained but is not always required.
Generally, defendants in criminal cases are charged formally
within the specified time frame and, upon being charged, are
allowed to obtain an attorney. Counsel is available, and
court-appointed counsel is provided for indigents. Bail may be
requested by the accused or by his attorney immediately after
arrest, after being formally charged, or during the appeal
process. Denial of bail may be appealed. The Penal Code
provides for a determination of habeas corpus.
Despite these legal provisions, average pretrial detention time
exceeds 1 year, and 3 or 4 years of detention is common, even
for crimes for which the maximum penalty may be 2 years or
less. Prisoners may wait years in prison only to be found not
guilty, with no recourse. According to reliable estimates,
around 60 percent of the prison population is in pretrial
detention. By law, persons suspected of activity against the
State may be detained incommunicado for 15 days, subject to
indefinite extension if considered necessary by the Government.
The Government held more than a dozen political and security
detainees at year's end.
At his inauguration in March, President Albert Zafy announced a
general amnesty restoring all political and civil rights to
prisoners or exiles condemned for political reasons under the
regime of Didier Ratsiraka. The sole beneficiary of this
amnesty was Major Richard Andriamaholison who had been
condemned in 1981 for plotting against Ratsiraka and was exiled
to France in 1990. He returned to Madagascar in time to win a
seat in the National Assembly in June.
e. Denial of Fair Public Trial
The Constitution adopted in 1992 provides for an independent
judiciary, and, in practice, the judiciary seems to function
without undue influence from the executive. However, excessive
pretrial detention of the accused results in the denial of due
process. To deal with this problem and purportedly to assure
the independence of the judiciary from the executive and
legislative branches, Prime Minister Ravony appointed a new
Government in August which, for the first time since
independence, had no Ministry of Justice. Instead, he created
the position of a Minister responsible directly to him to act
as a liaison with the judiciary.
Trials are public, and defendants have the right to be present,
to confront witnesses, and to present evidence. Defendants
enjoy a presumption of innocence under the Penal Code.
The judiciary has three levels of courts: lower courts for
civil and criminal cases carrying limited fines and sentences;
a Court of Appeals which includes a criminal court for cases
carrying sentences of 5 years or more; and a Supreme Court.
The judiciary also has a number of special courts designed to
handle specific kinds of cases under the jurisdiction of the
higher courts. A Constitutional High Court, with a separate
and autonomous status, is a body for review of laws, decrees,
and ordinances and for certifying election results.
Traditional institutions, known as dina, technically handle
only civil matters within and between villages; in practice,
the dina are used increasingly in criminal cases because of the
practical inadequacies of the formal police and judicial
systems. Decisions by dina are not subject to procedural
protection of due process or to judicial review, and their
authority depends upon a customary consensus to abide by their
rulings. Punishments are severe, sometimes including capital
punishment.
Military courts have jurisdiction over most cases that the
authorities judge as involving national security. It includes
acts constituting a threat to the nation and its political
leaders, invasion by foreign forces, and riots that could lead
to overthrow of the Government. In exceptional cases,
civilians may be tried in the military courts if charged with
breaking military laws. Military courts, like civilian courts,
provide for an appeal process and are presided over by civilian
magistrates.
In September the Government prosecuted nearly 90 people,
arrested in April for rebellion and lawlessness in Antsiranana,
in civilian court in Antalaha (Antsiranana Province). As with
similar cases in 1992, the Government tried them under criminal
as opposed to security or treason statutes. The press
complained of lack of access and information, but the
authorities broadcast the proceedings over loudspeakers outside
the limited confines of the courtroom (except for testimony
involving 16 accused minors). Nine court-appointed lawyers
defended the accused, and the court acquitted nearly 50 of the
defendants and gave 19 others suspended sentences. The court
sentenced one minor to 30 months in prison for his part in the
killing and mutilation of an Active Forces activist. The court
sentenced 20 Federalist and Active Forces extremists to prison
terms ranging from 3 to 15 years. A dozen soldiers awaited
trial for their role in the Antsiranana lawlessness.
In the case of the 36 Federalists arrested in June when
government security forces freed government buildings under
Federalist occupation, they were charged with incitement to
rebellion against the Government, illegal entry into and
destruction of government and private properties, acts of
violence, and illegal possession of weapons. They were tried
in a civilian court in December in the town of Ihosy (Toliara
province), and the trial was open to the public. Five lawyers
defended the accused, and the court gave 1-year suspended
sentences to 16 defendants, sentenced 2 defendants in absentia
to 14 months' imprisonment, and acquitted 17. Eighty-year-old
Monja Jaona, the leader of the Federalists in Toliara, was
among those sentenced; he was promptly amnestied.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The home is inviolable by tradition and law, and the State does
not intervene in the private aspects of the lives of the
people. The law requires judicially issued warrants to search
houses, and there are reportedly few abuses. One case involved
the arrest in June of two minors by a gendarme who was acting
on behalf of a private individual without a court order. This
case received extensive publicity, and the minors were released.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression,
communication, and press and forbids press censorship; these
provisions were largely respected. People speak freely, and
debate in the National Assembly was open and lively. The print
media openly criticized both the Government and the
opposition. Opposition groups, trade unions, professional
associations, and others have regular access to the press.
There is still a legacy of self-censorship among journalists,
most of whom do not aggressively investigate stories or cite
names, in part because Malagasy culture aspires to be
nonconfrontational, and in part because they cannot count on
being backed effectively by their editors and publishers.
Journalists often use pen names to avoid identification. They
publicized complaints after the Minister of Culture in the
transitional government warned that it was not their business
to investigate the extent and nature of property owned by
government officials outside of Madagascar.
State-owned Radio-Television (RTM), the most important means of
reaching the public, continued to feature discussion programs
and debates on political and other public policy subjects, and
the political content of its newscasts was largely factual.
National television, however, was exhorted by the Presidency to
provide more complete and eulogistic coverage of President
Zafy's public appearances. Television also broadcasts French
network news live via satellite each evening. All films and
video tapes shown in public must first be approved by the
Interior Ministry, according to a law dating from the previous
republic.
Along with state radio, there are now at least five private
radio stations. The private stations also cover political
subjects and have sometimes been critical of the Government.
There have been no reports of threats to academic freedom.
b. Freedom of Peaceful Assembly and Association
Some legal restrictions remain on the right of assembly and
association. Municipal permits, usually granted, are required
before holding public meetings but may be denied if government
officials believe that the meeting poses a threat to the State
or endangers national security. Officially established
security zones are off limits to demonstrators. The
proliferation of political and nongovernmental organizations
(NGO's) indicates a more relaxed attitude toward freedom of
association. There are more than 60 political parties and 900
NGO's.
c. Freedom of Religion
The Constitution provides for freedom of religion. The
Government is secular, and there is no discrimination on the
basis of religious affiliation. Between 40 and 50 percent of
the population adheres to Christian beliefs, with the remainder
following traditional Malagasy beliefs, Islam, and other
faiths. Missionaries and clergy are permitted to operate
freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is no formal restriction on travel within the country;
however, domestic security concerns do effectively restrict
travel. All Malagasy must obtain official approval for trips
outside the country. All residents of Madagascar (Malagasy and
foreign) require exit visas issued by the Ministry of
Interior. There is no refugee population in Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Madagascar concluded more than 2 years of political transition,
which was initiated by largely peaceful mass demonstrations
against the previous regime of Didier Ratsiraka in 1991. In
February citizens elected a new President by direct universal
suffrage and secret ballot, and in March Albert Zafy began a
5-year term; he would be elgible to serve a second 5-year term,
if reelected. The new President's primary constitutional
responsibilities are national defense and foreign policy.
Citizens also voted in June for a 138-member National Assembly,
but despite strong media and other efforts to inform the public
about the election and the complicated distribution of seats,
voter turnout was only about 55 percent, considerably down from
earlier nationwide ballots (constitutional referendum and
presidential elections) held in the previous 10 months. The
Constitutional High Court, which rules on all elections,
nullified results for four assembly seats because of procedural
irregularities and fraud. Special elections filled these four
seats in September.
In its first order of business, the National Assembly elected
Francisque Ravony Prime Minister, who immediately formed a new
Government after consultations with President Zafy. The Active
Forces constitute a block of about 65 votes in the National
Assembly. Most of the remaining members of the 138-member body
have organized an alliance know as the group-of-6 (G-six).
The Prime Minister and his Cabinet, not the President, executes
legislation. The President and his Government, provided they
act in concert, may dissolve the National Assembly. The
National Assembly may pass a motion of censure and require the
Prime Minister and his Government to step down. The
Constitutional High Court must review the constitutionality of
every law before it is promulgated. The selection of the
Senate must await the formation of local governments in 1994
since two-thirds of the Senate will be elected by local
legislatures and one-third appointed by the President, all for
4-year terms.
There are no legal restrictions against women participating in
politics, but in practice men dominate. One cabinet position
is held by a woman, and women hold only 6 percent of the
legislative seats; in the judiciary they have somewhat higher
representation.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
By law, human rights groups are considered to be political
groups and must register with the Government. Nongovernmental
human rights groups exist but are largely inactive. Although
the new Constitution provides for the establishment of an
independent organization charged with promoting and protecting
human rights, none has yet been established. The Government
did not penalize or repress anyone for criticizing its human
rights record. It has been slow, however, to carry out
investigations of salient cases of violence, notably the August
1991 killings at Iavoloha Palace.
The Government is receptive to visits by international human
rights groups. The International Committee of the Red Cross
made periodic visits and was regularly granted access to
prisoners United Nations organizations, including the
International Labor Organization (ILO), operated freely and
extensively in Madagascar.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits all forms of discrimination and
groups that advocate ethnic or religious segregation.
Women
There is societal discrimination against women, less so in
urban areas where women have an important, if secondary, role
in the business and economic life of the country, with many of
them managing or owning business concerns or filling management
positions in state industries. However, women in rural areas
face greater hardship, bearing the responsibilities of raising
a family while also engaging in farm labor or other subsistence
activities. In education, women's participation in secondary
and higher studies is lower than that of men. Madagascar has a
high literacy rate (88 percent for men, 73 percent for women).
Under the law, wives have an equal say in choosing where a
married couple will reside, and they receive a more or less
equitable distribution of marital property in divorce cases.
In the case of the death of a husband, a wife inherits one-half
of the joint marital wealth. A widow receives a pension;
however, a widower does not.
According to various sources, including magistrates,
journalists, and women doctors, violence against women, such as
wife beating, is not widespread. In the rare cases where
physical abuse is detected, police and legal authorities do
intervene, although there is no law dealing specifically with
violence against women, except in cases of rape. Women have
been victims of rape in prisons.
Children
There is no pattern of official or societal abuse against
children. The Government's expenditures on children's welfare,
even as a proportion of total budgetary resources available, is
low. In a context of extreme poverty, schooling is often
sacrificed so that children might work in farming chores,
hawking newspapers, or begging. The U.N. Children's Fund and
other children's advocacy groups are active, and there are
Malagasy associations for the protection of children and youth
which raise very modest contributions for child welfare
projects.
National/Racial/Ethnic Minorities
Madagascar is inhabited by over 12 million people. The
Malagasy are of mixed Malayo-Polynesian and African origins and
are made up of 18 distinct groups based on regional and
ancestral affiliation and some linguistic differences. None of
these groups constitutes a majority of the population.
Long-term historical processes of military conquest, ethnic
domination, and political consolidation, however, have
traditionally favored the political and economic status of
highland ethnic groups of Asian origin over the coastal groups
of more African descent. The centralized planned economy of
the previous regime reinforced the concentration of economic
and political power in the highland, capital area. This
situation has contributed to ethnic tensions between the two
groups. Ethnic or regional solidarity can also be a
determining factor in hiring practices.
An Indo-Pakistani community of about 20,000, primarily engaged
in commerce, has been in Madagascar since the early part of
this century. Few, however, have been able to obtain Malagasy
citizenship, since it is customarily bestowed matrilineally
through native Malagasy women. Their shops have often been
targets for violent attack during civil disturbances. While
there were few such incidents in 1993, the Indo-Pakistanis
remained a frequent target of mistrust and criticism.
People with Disabilities
Physically disabled individuals are not subject to
discrimination in education and in the provision of other state
services, but nor are they the beneficiaries of special
enabling or protecting legislation. The Government has not
enacted legislation or otherwise provided for accessibility for
the disabled.
Section 6 Worker Rights
a. The Right of Association
The Malagasy in both the public and private sectors have the
right in law (the 1975 Labor Code and the 1992 Constitution)
and in practice to establish and join labor unions of their own
choosing without prior authorization. Unions are required to
register with the Government, and registration is routinely
granted. However, the labor force of 4.9 million is mostly
agrarian (80 percent), and unionized labor accounts for only
about 5 percent of the total.
There are a number of trade union federations, and many are
affiliated with political parties. In practice, however,
formal public and private sector unions have not played a major
role politically or economically in recent years. The
transitional government, in place for most of 1993, exercised
very limited control over organized labor.
The Labor Code and the new Constitution provide for the right
to strike, even in export processing ("free trade") zones.
Those providing essential services--police, firefighters,
hospital workers--have only a limited right to strike. There
were occasional strikes in 1993, but none was officially
declared illegal, and most were resolved by negotiations or by
informal arbitration by high government officials, including
the President. Laws and regulations prohibit retribution
against strikers who adhere to legal procedures for striking.
Unions and workers were not directly targeted for human rights
abuses, nor was there any apparent retribution against strikers
and leaders.
Unions may and do freely affiliate with and participate in
international bodies and may form federations or confederations.
b. The Right to Organize and Bargain Collectively
Both the 1975 Labor Code and the 1992 Constitution provide for
the right to bargain collectively. The Code states that
collective bargaining may be undertaken between management and
labor at either party's behest. Collective bargaining
agreements exist but are not common, and the Government is
often involved in the bargaining process, in part because of
the large number of public sector employees in organized
labor. The minimum wage is set by the Government. Other wages
are set by the employers with individual employees, sometimes
below the minimum wage. When there is a failure to reach
agreement, the Ministry of Labor convenes a committee of
employment inspectors who attempt to resolve the matter. If
this process fails, the committee refers the matter to the
chairman of the Court of Appeals for final arbitration. No
such cases reached the Appeals Court in 1993.
The Labor Code formally prohibits antiunion discrimination by
employers against union members and organizers. In the case of
antiunion activity, the union or its members may file a
petition in civil court challenging the employer.
Labor laws are applied uniformly throughout the country,
including in free trade zones. Labor inspectors visit
industrial work sites with some regularity but mostly in the
capital region.
c. Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by the Labor Code and is
not practiced.
d. Minimum Age for Employment of Children
The Labor Code describes a child as any person under the age of
18. The legal minimum age for employment is 14, and the use of
child labor is prohibited in those areas where there is
apparent and imminent danger. The Government tries to enforce
these child labor laws in the small wage sector through
inspectors from the Ministries of Civil Service, and Labor and
Social Security. However, in the large subsistence sector,
many young children work with their parents on family farms at
much earlier ages. Similarly, in the urban areas many children
earn money hawking parking spaces, newspapers or other wares,
and by carrying water and begging.
e. Acceptable Conditions of Work
The Labor Code and its enforcing legislation prescribe the
working conditions and wage scales for employees, which are
enforced by the Ministry of Labor and Social Security. The law
distinguishes between agricultural and nonagricultural work.
There is a 44-hour workweek in nonagricultural and service
industries. There are also provisions for holiday pay, sick
and maternity leave, and insurance.
There are several administratively determined minimum-wage
rates in Madagascar, depending upon employment skills, starting
with $23 a month (45,000 Malagasy francs) for unskilled
workers. This wage is inadequate to ensure a decent standard
of living, and such workers must supplement their incomes
through subsistence agriculture, petty trade, or reliance on
the extended family structure. Given insufficient enforcement
measures, official wage rates are sometimes ignored as high
unemployment and extreme poverty lead workers to accept
salaries below the legal wage.
The Labor Code has rules concerning building and operational
safety, machinery and moving engines, lifting weight limits,
and sanitation standards. Ministry of Labor and Social
Security inspectors visit industrial work sites, and violations
of Labor Code rules are subject to inspection reports. Lack of
resources effectively inhibit inspectors traveling regularly
beyond the capital region. If cited violations are not
remedied within the specified time frame, the violators may be
legally charged and subject to penalties. Nevertheless, in
some sectors protective measures are lacking due to the expense
of even minimal protective clothing and other protective
devices. To date, there have been no published reports on
occupational health hazards and accidents, although there is
clear evidence that these hazards exist. There is no explicit
right allowing workers to remove themselves from dangerous work
without jeopardizing their continued employment.
The ILO has cited the Government within the past year for
failure to observe ILO conventions and standards in workplace
safety.
[end of document]
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