Freedom in the World 2024 - Madagascar

PARTLY FREE
58
/ 100
Political Rights 24 / 40
Civil Liberties 34 / 60
LAST YEAR'S SCORE & STATUS
61 / 100 Partly Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

Malagasy politics have been unstable since the return to electoral politics in 2013. While the 2018 election of President Andry Rajoelina brought some stability, the 2023 election was marred by low turnout and a significant opposition boycott. Government corruption and a lack of accountability persist. Defamation and other laws restrict press freedom. Authorities deny permits for demonstrations and disperse some that take place. Lawlessness and poverty are persistent, particularly in the south.

Key Developments in 2023

  • President Rajoelina easily won the November presidential election, which was affected by a boycott on the part of 10 opposition candidates. Opposition candidates objected to Rajoelina’s candidacy after he was revealed to have received French citizenship in 2014. Turnout stood at 46.4 percent, which the opposition said was a record low.
  • The electoral period was marred by the authorities’ efforts to restrict opposition rallies and by the conduct of individuals affiliated with the military. In late March, Interior Minister Justin Tokely issued a regulation banning political gatherings on open public spaces. Law enforcement violently responded to opposition-organized protests ahead of the poll. In mid-November, a retired general declared that “no tolerance will be accepted” for the candidates boycotting the race.
  • In August, President Rajoelina’s chief of staff, Romy Andrianarisoa, was arrested in London after allegedly soliciting a bribe from a mining firm. A court proceeding in the United Kingdom was ongoing at year’s end.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 2 / 4

Madagascar is a semipresidential republic, with a president elected for a five-year term and a prime minister nominated by the National Assembly and appointed by the president.

Incumbent Andry Rajoelina easily won reelection in November 2023, as 10 opposition candidates, known as the Collectif des 10, boycotted the poll. According to the official results, Rajoelina won 59 percent of the vote, lawmaker Siteny Randrianasoloniaiko won 14.4 percent, and former president Marc Ravalomanana won 12.1 percent. The High Constitutional Court (HCC) reported a turnout of 46.4 percent, with opposition groups calling turnout the lowest ever in a presidential race.

In June 2023, Rajoelina was revealed to have been naturalized in France in 2014. Opposition candidates objected to Rajoelina’s candidacy, saying that his naturalization should have led to the automatic loss of his Malagasy citizenship and disqualified him from running. A court rejected an opposition lawsuit aiming to remove Rajoelina from the ballot in September 2023.

A joint observation mission conducted by the African Union and the Common Market for Eastern and Southern Africa called the balloting orderly, but their observers noted that voters were unenthusiastic. The US State Department in December voiced concerns over the electoral process.

Score Change: The score declined from 3 to 2 because the November presidential election was marred by an opposition boycott, low turnout, and the incumbent’s candidacy, even though his status as a French national put his eligibility into question.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 3 / 4

The bicameral legislature consists of the 151-seat National Assembly and the 18-seat Senate. Members of the National Assembly are directly elected to five-year terms. The president appoints 6 senators and the other 12 are indirectly elected from an electoral college. Senators serve five-year terms.

A political alliance led by President Rajoelina won 84 National Assembly seats in the 2019 parliamentary elections, while former president Ravalomanana’s I Love Madagascar (TIM) party won 16; the remaining 51 were won by other parties and independent candidates. The contest was deemed free and fair by election observers, though some political parties claimed that the results were marred by fraud. The Senate elections in December 2020 were boycotted by nearly all opposition parties, and Rajoelina’s political alliance won 10 out of 12 seats; the vote was deemed free and fair by most election observers, despite the boycott.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

The Independent National Electoral Commission (CENI) is subject to some influence by the executive, which controls member nomination and budget allocation processes. The CENI’s independence and credibility has been seriously undermined by its lack of resources and expertise, particularly in database management and information technology. The CENI’s voter roll is regarded as incomplete.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4

Almost 200 political parties are registered in Madagascar. However, the law on political parties is widely viewed as a flawed document that places undue burdens on individual candidates, effectively instituting a high financial barrier for political candidacy. Political leaders frequently use religion, ethnicity, and caste as instruments to mobilize voters.

The government worked to restrict opposition activities in 2023. In late March, Interior Minister Tokely issued a regulation banning all political gatherings on open public spaces. Law enforcement used force to disperse anti-Rajoelina protests held in October and November.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 2 / 4

Opposition parties can increase their support through elections, but most political parties lack the financial resources to engage in vibrant competition.

The government has historically denied opposition parties permits to hold demonstrations. It banned all political gatherings on open public places in March 2023, meaning to undermine the opposition’s ability attract popular support ahead of the November election. Authorities used tear gas during opposition rallies in Antananarivo in early October, with former president Ravalomanana sustaining injuries during one of those events. Protests continued into November, with authorities using tear gas and beating protesters. Opposition candidates largely boycotted the election, giving Malagasy voters fewer choices. Despite the crackdown, Randrianasoloniaiko, who was almost unknown at the national level a year before, placed second.

Score Change: The score declined from 3 to 2 due to a ban on political gatherings, the forceful dispersal of opposition protests that did occur, and boycotts that limited choices for voters.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 2 / 4

Economic networks compete for power through strategic support of political candidates. In turn, a narrow group of political elites maintain their status by supporting the interests of their private-sector patrons. As a result, lines between public and private expenditures are blurry. The military has some influence over politics, having overthrown then president Ravalomanana in 2009 and threatening to intervene in a political crisis in 2018.

During the 2023 election campaign, the military declared its support for Malagasy institutions, which was generally viewed as a sign of support for Rajoelina. In mid-November Richard Ravalomanana, a retired army general who was appointed Senate president in October and is not related to former president Ravalomanana, declared that “no tolerance will be accepted” for candidates boycotting the presidential race, saying that they threatened to destabilize Madagascar.

Score Change: The score declined from 3 to 2 because the military and affiliated elements put pressure on opposition candidates or were otherwise seen to support the incumbent during the election period.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 2 / 4

The constitution guarantees political and electoral rights for all citizens, but in practice, discrimination impedes the political representation of some groups. The members of the Merina ethnic group are overrepresented in government institutions compared to the members of the other 17 official ethnic groups. While some LGBT+ people are active politically in the capital, they face social stigma that discourages political participation and open advocacy for their equal rights.

Cultural norms restrict the political participation of women. Muslims, who are mostly of Pakistani and Indian descent, are disproportionately affected by the nationality code, which can make it difficult for them to secure citizenship documents and thus voting rights. Ethnicity and caste are important political determinants, but generally do not affect political rights.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4

Since his 2018 election, President Rajoelina has brought some stability to government, which had experienced frequent replacements of the prime minister and cabinet members since the 2013 return to electoral politics. However, the current parliament lacks the strength to act as an effective check on executive power. Additionally, economic elites exert significant influence on elected officials.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 2 / 4

Corruption remains a serious problem in Madagascar despite the adoption of reforms and anticorruption strategies. Investigations and prosecutions of corruption by the Independent Anticorruption Office (BIANCO) are infrequent and rarely target high-profile individuals, though the agency has become more independent in recent years.

Justice Minister Imbiki Herilaza was forced to resign in early 2022 after a recording in which he allegedly solicited bribes surfaced. In August 2023, President Rajoelina’s chief of staff, Romy Andrianarisoa, was arrested in London for allegedly seeking a bribe from mining firm Gemfields in return for access to mining rights in Madagascar. A Malagasy court declined to prosecute Andrianarisoa in November but a UK proceeding against her continued at year’s end.

C3 0-4 pts
Does the government operate with openness and transparency? 2 / 4

The constitution provides for the right to information, but no law defines a formal procedure for requesting government information. However, ministers and officials often hold press briefings, and laws, decrees, and high court decisions are posted on the internet.

There is little oversight of procurement processes. Asset declarations are required for most government officials, and while many complied with these laws, there are few practical consequences for those who refuse.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 2 / 4

The constitution provides for freedom of the press. However, this guarantee has been undermined by criminal libel laws and other restrictions, as well as safety risks involved in the investigation of sensitive subjects such as cattle rustling and the illicit extraction and sale of natural resources. In November 2023, Reporters Without Borders (RSF) noted that nine journalists were injured by a gendarme as authorities forcefully dispersed an opposition demonstration in Antananarivo.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 3 / 4

Religious freedom is provided for in the constitution, though this right is upheld inconsistently. Religious leaders have noted that some workers have been forced to work on days of worship, in violation of labor law. The government has historically restricted the Muslim community’s access to education by threatening to close down Islamic schools. Several church facilities have been attacked by armed individuals in recent years.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

Academic freedom is generally respected. However, a lack of resources and frequent strikes hamper normal operations of public universities.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3 / 4

There were no official reports of the government monitoring online activity. However, a cybercrimes law prohibits online defamation and spreading “false information,” and has been used to prosecute social media users.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 2 / 4

The constitution guarantees freedom of assembly, but authorities at times decline requests for protests and rallies in the name of public security. Ahead of the November 2023 presidential election, the interior minister announced a ban on all political gatherings on open public spaces and law enforcement violently responded to opposition protests.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3 / 4

Freedom of association is provided for in the constitution and is generally respected. A wide variety of nongovernmental organizations (NGOs) are active, but many domestic human rights groups lack resources. Although no restrictions are placed on NGOs, the government is not always receptive to their opinions. Groups focused on the environment or human rights face pressure from powerful interests.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

Workers have the right to join unions, engage in collective bargaining, and strike. However, more than 80 percent of workers are engaged in agriculture, fishing, and forestry at a subsistence level, and therefore have no access to unions.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 2 / 4

The executive influences judicial decisions through the reassignment of judges. Trial outcomes are frequently predetermined, and the Malagasy people generally regard the judiciary as corrupt. Local tribunals are seen as overburdened and corrupt.

In recent years, key HCC rulings have reflected its growing independence from the executive. However, most HCC decisions rendered in 2023 were seen to favor Rajoelina. In September, the Collectif des 10 called for the HCC’s members to replaced or for the court to be superseded by a special election body, saying that the HCC was not impartial.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

Due process rights are poorly upheld. A lack of training, resources, and personnel hampers the effectiveness of the criminal justice system. Many people held in pretrial detention do not have access to lawyers, and the successful assertion of due process rights is often tied to the ability of family and friends to intercede on behalf of the accused.

The government has increased funding for the judiciary, launched capacity-building efforts, and pardoned individuals detained over minor offenses as part of a policy supported by the Office of the UN High Commissioner for Human Rights (OHCHR).

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

The police and military are unable to assert authority over the entire country, and areas in southern Madagascar are subjected to raids and violence by bandits and criminal groups. Security forces operate with little oversight or accountability for extrajudicial killings, particularly against cattle thieves known as dahalo.

Detainees and prisoners suffer from harsh and sometimes life-threatening conditions due to overcrowding in detention facilities, as well as substandard hygiene and health care. People convicted of serious crimes can be sentenced to hard labor.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2 / 4

Legal provisions prohibit discrimination based on race, gender, disability, and social status, but these are upheld inconsistently. Conservative cultural and social norms can prevent women from having the same opportunities as men. Some ethnic groups face discrimination outside of their home regions.

There are no legal protections against discrimination based on sexual orientation or gender identity; LGBT+ people face social stigma, particularly in rural areas, and experience employment discrimination and occasional acts of violence. The age of consent for same-sex relations is 21, but 14 for heterosexual relations.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 3 / 4

The government generally does not interfere in freedom of movement; individuals are allowed to move freely in the country and can travel internationally. However, bandit attacks in the south and west have made traveling across the island difficult.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2 / 4

Madagascar’s legal structure provides protections for private property rights, though enforcement of these protections is inconsistent, in part because most farmers do not hold official rights to their land. There is a history of competition between the state-recognized property rights system and customary land use practices, as well as attempts by the state to permit mining, commercial agriculture, and other economic pursuits on land where ownership is disputed.

In recent years, Madagascar has made it easier to start a business by reducing the number of registration procedures and simplifying the payment of registration fees.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4

Women and children have limited social freedoms in Madagascar, especially in rural areas. Forced child marriage and domestic abuse are common. Although sexual harassment is illegal, the law is not enforced and harassment is common. Abortion is illegal in Madagascar.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 1 / 4

Most people work in subsistence agriculture, making advancement in the local economy extremely challenging. Human trafficking remains a challenge according to the US State Department’s 2023 Trafficking in Persons Report. However, the department noted that the government had adopted an updated antitrafficking plan and offered support for migrant workers and trafficking survivors during the coverage period. Forced begging and the trafficking of children for sex remain significant problems that are not sufficiently addressed.