Country Report on Human Rights Practices for 1989
MADAGASCAR
The Democratic Republic of Madagascar, the fourth largest
island in the world, is governed by a president and a
parliament (National Popular Assembly), both elected by direct
universal suffrage. The President selects the members of the
Supreme Revolutionary Council (SRC), the highest policymaking
body. President Didier Ratsiraka, in power since 1975, has
broad constitutional powers, and his position is further
strengthened by the influential role of his political party,
the Vanguard of the Malagasy Revolution (AREMA) , which holds
an overwhelming majority in the National Popular Assembly.
Prior to December 1989, only the eight parties making up the
National Front for the Defense of the Revolution were
permitted to engage in political activity. The Front,
established in 1976 by the Malagasy Constitution, was
conceived as a unifying framework—a form of single confederal
party—for building socialism and protecting the "Socialist
Revolution" in Madagascar while allowing for party diversity.
The political orientation of the eight parties in the National
Front ranges from moderate and pro-Western to radical and
pro-Soviet. The President and his party gained major
victories in bitter 1989 elections, which resulted in further
sharp divisions between party leaders of the Front and called
into question the future of this unusual institution. As a
result on December 20 the National Assembly amended the
Constitution to remove the Front's special status.
The Malagasy internal security system is composed of the urban
police force and the National Gendarmerie, the latter having
jurisdiction in the provinces. On occasion, the National
People's Army is also used for internal security purposes.
Agriculture dominates the Malagasy economy, employing some 85
percent of the population and providing about 80 percent of
the country's export earnings. Since 1982 the Government,
with the assistance of the International Monetary Fund, began
to introduce a long-term austerity reform program, inter alia,
to stimulate declining agricultural production in basic
commodities, especially rice. Despite some progress, economic
growth (1.8 percent in 1988) has not kept pace with population
growth (3 percent), real incomes have declined, and
unemployment remains high, especially among youth (60 percent
of the population is under age 25). As a result, the
Government's reform program became a major issue in the 1989
presidential and parliamentary elections.
Although a wide range of fundamental liberties and individual
rights are called for by the Constitution, there continued to
be human rights abuses including extrajudicial killings and
mistreatment of prisoners, significant restrictions on
freedoms of speech, press, and assembly, and questions as to
the ability of citizens to change their government through
free and fair elections. However, in February the President
did suspend censorship of the media. While there were
numerous charges of voting irregularities following the hotly
contested presidential race, which was won by the incumbent
President with 63 percent of the vote, these elections
probably were less subject to manipulation than earlier ones
due to the monitoring role played by several independent
organizations. Still, there were large demonstrations against
the outcome, which resulted in violent clashes with police.
Officially, 5 persons died, 70 were wounded, and 64 people
arrested. In 1989 the Government scaled back its rural
security campaign against bandits after extensive charges
emerged in 1988 of summary executions by security forces.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There have been recurring rumors of politically motivated
killings in recent years, but little evidence to substantiate
them. During a press conference in August 1989, the President
stated that there had been a bomb attempt on his life and that
there had been a plot to kill Monja Jaona, an aging opposition
leader, and cast blame on the President. However, there was
no known followup investigation of these charges.
In 1988 military and police forces undertook a major campaign
to eradicate the well-armed and burgeoning cattle rustling and
banditry endemic to the southern areas of Madagascar,
resulting in on-the-spot executions of captured bandits. In
July 1988, Interior Minister Ampy Portos announced that 205
bandits had been killed in government-directed security
operations. A number of human rights groups, such as Amnesty
International (AI), criticized the summary execution of
bandits by the security forces, but there appeared to be no
major domestic opposition to the government policy of taking
forceful actions against the bandits. However, in 1989 the
Government sharply reduced the scope of these operations,
although reports of banditry increased at the end of 1989. A
1989 trial brought to the surface allegations of military
involvement in cattle rustling operations and connected arms
trafficking (see Section I.e.).
b. Disappearance
There were no known cases of politically motivated
disappearance. However, press reports in August 1989 raised
questions about the whereabouts of a university student leader
arrested in June and detained at the prison of Tsiafahy.
Reportedly, he opposed a proposed Government reform plan for
the university. The student, Cyrille Rasambozafy, may have
escaped in a major prison break at Tsiafahy in July. The
student's parents claim that they have not heard from him
since his arrest and fear he may still be held by the
authorities. The Government has not responded in any way
regarding the missing student.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
While there were no documented cases of physical torture
occurring in Madagascar, some organizations in the security
apparatus, notably the state secret police, have a reputation
for ruthless methods. There have also been credible reports
that the armed forces used torture in the Government's
campaign against outlaw bandits in Madagascar's southwest.
Malagasy prisons are increasingly inhumane in terms of living
conditions. Some prisoners are not fed regularly, hygiene is
totally lacking, and medical care is not provided. As a
result, prisoners suffer a range of medical problems from
malnourishment and infections to malaria and tuberculosis.
The death toll rises significantly among prisoners during the
cold winter months. The Minister of Justice has appealed for
foreign assistance to ameliorate these conditions by making
prisons self-supporting agricultural and small industrial
units.
d. Arbitrary Arrest, Detention, or Exile
In a normal criminal case, the accused must be charged or
released within 3 days after arrest. Generally, defendants in
ordinary criminal cases are charged formally within the
specified time frame and, upon being charged, are allowed to
obtain an attorney. Counsel is readily available, and
court-appointed counsel is provided for indigents.
Under Malagasy 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. In particular, the Government has held detainees
in security cases for extended periods, as with 37 kung fu
adherents held from 1985 until their trial and eventual
release in 1988. (In 1984-85, these martial arts enthusiasts
had been involved in street fighting with a paramilitary youth
group and the army.) Also, certain defendants involved in
coup-plotting cases have been held in pretrial detention for
periods ranging from 20 months to over 5 years.
Since the release of the kung fu defendants, there has been no
evidence of other arbitrary political detentions. The
Government briefly detained a number of persons after massive
demonstrations held in April to protest the presidential
electoral outcome and government economic policies.
Exile has not been used as a means of control in the recent
past.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Malagasy Constitution provides for an independent
judiciary, and in practice the judiciary seems to function in
most cases vjithout outside influence from the executive. 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
bearing 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 totally
separate and autonomous status, may review the
constitutionality of laws, decrees, and ordinances and ensures
the legality of elections.
A Military Court has jurisdiction over all cases involving
national security. The definition of national security is
largely a matter of interpretation by the authorities but
includes acts constituting a threat to the nation and its
political leaders, invasion by foreign forces, and riots that
could lead to an overthrow of the Government. In exceptional
cases, civilians may be tried in the Military Court if they
are charged with having broken military laws.
Military courts, like civilian courts, provide for an appeals
process. Furthermore, military courts are presided over by a
civilian magistrate. The rank of the four military officers
comprising the court is determined by the rank of the accused.
In 1989 two bandits accused of the mass-murder of 11 persons
for the proceeds from a cattle sale were tried and sentenced
to death by a military court. While the death penalty is
legal in Madagascar, it has not been carried out since 1947.
The particular viciousness of this crime and the popular
outrage it evoked may result in these death sentences being
carried out. The trial, known as the "keliberano affair,"
also brought to the surface allegations of military
involvement in cattle rustling operations and connected arms
trafficking. The presiding judge called for an investigation
and a hearing on these charges. On November 15 the court of
Fianarantsoa rendered light sentences of 6 months to a year
for those involved in supplying the weapons used in the
keliberano killings.
There are currently no known political prisoners in Madagascar.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in nonpolitical aspects
of the lives of the people. The home is traditionally
inviolable under Malagasy law. However in December 1989,
Article 42 of the Constitution was amended to permit
authorities to enter the home in cases of persons caught in
the act or where the occupants explicitly consent to a
search. In their suppression of cattle rustlers and bandits
the military have entered some homes without court orders and
ransacked them.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms remain significantly restricted despite the
loosening of press censorship. Private citizens who criticize
government officials or policies must choose their words
carefully; direct criticism of the President or the "Socialist
Revolution" is not tolerated.
The broadcast media are under state control and provide
positive coverage of the Government's activities. While the
opposition received some coverage in the presidential and
legislative elections of 1989, many observers felt that it was
dwarfed by the nightly reports on the activities of the
President and his AREMA Party.
In past years, the Ministry of Interior has reviewed and
censored the content of newspapers prior to printing. On
February 19, 1989, the President suspended censorship
restrictions on the print media, and journalists have
cautiously been testing their newfound freedom. To become
permanent, this suspension still requires passage of a law by
the National Assembly. Thus, there is a moratorium on
censorship, and the President's ability to restore controls at
a moment's notice continues to moderate press criticism and
comment of Government policies. The press, in contrast to
television and radio, did give broad coverage to the election
campaigns and related demonstrations.
In 1988 the Government allowed previously barred journalists
from a foreign newspaper to visit Madagascar, and it lifted an
8-year-old ban on the Paris-based weekly Jeune Afrique. There
is one government-owned newspaper and two major independent
dailies. Several other dailies and weeklies are published by
party groups and independent publishers, including the
outspoken and candid Catholic newspaper, Lakroa.
Academic freedom is restricted by a constitutional prohibition
on any public lectures or teachings which condemn Madagascar's
Charter of the Socialist Revolution.
b. Freedom of Peaceful Assembly and Association
The rights of assembly and association are restricted.
Permits are required to hold public meetings and can be denied
by the Government if officials believe that the meeting poses
a threat to the State or endangers national security. Those
denied a permit can appeal these decisions before the
administrative chamber of the Supreme Court. Persons and
groups belonging to parties of the National Front are
permitted to organize and assemble. Nevertheless, since
political activity by groups outside the National Front was
prohibited, dissenting political opinion has been limited. In
1988 the Government banned an organization affiliated with the
Catholic Church (the CEADAM) from holding a national political
debate on the state and future of the nation.
Madagascar's campuses continue to constitute a major source of
instability for the Government. The range of problems runs
from inadequate finances and logistics to overcrowding, ethnic
tensions, and squatters. While the widespread student unrest
which took place in 1987 has not recurred, the University of
Antananarivo campus became the site for popular demonstrations
against President Ratsiraka's reelection in April 1989.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Government is secular, and there is ho official religion.
There is no discrimination on the basis of religious
affiliation, and people are free to follow the faith of their
choice. Over half of the population is Christian, with the
remainder following traditional Malagasy religious beliefs or
other faiths. Missionaries and clergy are generally permitted
to operate freely.
During the visit of Pope John Paul II to Madagascar in late
April, several days of violent political demonstrations,
protesting the presidential election results, were suspended
by the opposition to ensure a peaceful visit.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Officially there is no restriction on travel within the
country. However, since May 1988, the start of the campaign
to eradicate cattle rustling, villagers in the southwest
reportedly must get permission to leave their villages. For
all Malagasy, official approval must be obtained for trips
outside the country. Foreign travel is impeded by the
difficulty of obtaining foreign currency. The Malagasy franc
is not convertible abroad, and the Government limits the
amount of hard currency that can be obtained for foreign
travel. There is no refugee population in Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government was called
into question by widespread allegations of fraud in the•
presidential elections. Moreover, the electorate's choice had
been constrained by the nature of the political system since,
prior to December 20, 1989, the only political parties allowed
to operate had to be members of the National Front. The
situation is, however, expected to change when new
implementing decrees are elaborated to define political
activity outside the Front (see below). The electoral process
provides the voters a chance to choose among candidates
expressing differing views in local and regional elections, as
well as in the parliamentary and presidential campaigns. The
137 members of the National Popular Assembly are elected by
universal suffrage for 5-year terms. The President is elected
to a 7-year term. The President's party has total political
control of the apparatus of government. This is partly due to
political apathy and a sense of defeatism as expressed in
increasing voter absenteeism which reached over 50 percent in
the last round of local elections. The President controls all
major policy decisions. Most legislation is initiated by the
executive branch.
On March 12, 1989, some 4.7 million Malagasy went to the polls
to choose from among four presidential candidates. According
to the official results, pronounced a month later by the
Constitutional High Court, President Ratsiraka won a third
consecutive 7-year term with an absolute majority of 63
percent of the votes cast. There was widespread
dissatisfaction with this outcome. Opposition leaders claimed
fraud and organized rallies protesting the election results,
violent demonstrations erupted and claimed four or five
lives. The election results were subsequently contested in
the Constitutional High Court, which sustained voter
irregularity appeals in 43 cases of the several hundred
brought before it. Most of the challenges were denied on
technical grounds (e.g., improper filing procedures). The May
28 legislative elections reinforced the President's hand as
his AREMA Party consolidated its already preponderant hold on
the Assembly with a 120-seat victory. The legislative
elections were peaceful. However, due to widespread voter
dissatisfaction as evidenced in the earlier presidential
elections, there was a low voter turnout. In September local
government elections were marked by an even lower voter
turnout and led to further AREMA party consolidation.
On December 20, 1989, the National Assembly amended the
Constitution. Tt rescinded Articles 9 and 29 concerning the
Front which results in this institution no longer being an
official institution of the Malagasy Government but rather a
simple alliance of parties which support the President and his
Socialist policies. New parties may also now apply to join
the Front. Furthermore, an amendment to Article 8 allows for
opposition parties to exist outside the Front. However,
opposition parties must not have as their objective the
undermining of the unity of the nation or as their platform a
separatist ethnic, tribal, or religious character. Moreover,
a revised Articie 16 states that opposition parties cannot
oppose Malagasy socialism by illegal or violent means.
Section 4 Governmental Attitude Regarding International and
Nongoverrunental Investigation of Alleged Violations
of Human Rights
The Government has not officially cooperated with groups,
either externally or internally based, wishing to investigate
alleged human rights violations and has denied visas to AI
representatives. In 1989 the President ruled out the
suggestion that international observers be present at the
polls on March 12, saying that the Malagasy are quite capable
of managing their own electoral affairs. Originally, the
Union of Malagasy Opposition in Exile (based in Paris) made a
public call in 1988 for the presidential elections to be
overseen by U.N. observers.
Human rights organizations are considered to be political
groups under Malagasy law and must therefore be sponsored by
one of the parties belonging to the National Front. Under
these circumstances, only one human rights organization is
currently operating in Madagascar: The Malagasy National
Committee for the Defense of Human Rights which was founded in
1988 and is affiliated with the VITM Party, one of the smaller
parties. Some of its members are also on the National
Committee for Election Observation which monitored
electioneering in 1989.
The Christian churches in the country have taken the lead in
advocating human rights and play an important supplementary
role in monitoring human rights concerns. The Christian
Council of Churches in Madagascar (FFKM) is a major
organization in this regard. In February 1988, the FFKM
monitored the celebrated kung-fu trial to assure that due
process was provided to the 245 accused. It also provided
lodging and food for the defendants. In 1989 this
organization provided a monitoring role, where possible, in
the presidential and legislative elections. It also
publicized and condemned tho.se irregularities which it
witnessed.
Madagascar is a member of the United Nations Human P.ights
Commission.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Madagascar is inhabited by an estimated 10.3 million people of
both Malayo-Polynesian and African origin. While there
appears to be no customary practice of institutional or
systematic discrimination on the basis of ethnic grouping in
Madagascar, a serious outbreak of violence and plunder of
Indo-Pakistani-owned property occurred across Madagascar in
March 1987. This prosperous community, estimated at some
24,000 persons of Indo-Pakistani origin and referred to
locally as "karana," is primarily engaged in commerce. While
no Indo-Pakistanis died in these riots, several looters were
killed, many were wounded, and property damage was great. The
simultaneous outbreak of these riots in cities across the
island and the relative absence of damage outside the
Indo-Pakistani community gave rise to some speculation that
these incidents had been carefully coordinated and organized
by the Government. The Chinese and French communities also
have experienced some resentment from the Malagasy, mainly
because of their success in commerce.
Women have traditionally played a prominent 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. Education at all levels is
open to women. However, women in rural areas and among the
urban poor face a greater degree of hardship. In addition to
the responsibilities associated with raising a family, the
realities of subsistence agriculture force these women to
engage in farm labor and related activities.
While women are not discriminated against in the workplace,
discrimination does exist in marriage and property rights. In
the case of divorce or the death of the husband, the wife
inherits only one-third of their joint wealth. On the other
hand, the wife receives a pension if her husband dies, but the
reverse is not true. Women's rights groups do not exist, but
groups of professional women and women within the political
parties are working to change these aspects of family law. On
December 12, 1988, Madagascar became a signatory of the U.N.
Charter on Eliminating Discrimination Towards Women.
According to various sources, including magistrates,
journalists, and women doctors, violence against women, such
as wife beating, is not widespread, and neither the Government
nor party womens ' organizations have addressed this issue
specifically. The society frowns on marital confrontation.
Married couples generally prefer to avoid divorce and, if
necessary, to live separate lives under one roof. In very few
divorce cases is there an allegation of physical abuse that
could be construed as wife beating. In the rare cases where
this condition is detected, police and legal authorities do
intervene. However, there is no law dealing specifically with
violence against women. Female circumcision is not practiced
in Madagascar.
Section 6 Worker Rights
a. The Right of Association
The Malagasy have the right to establish and join labor
unions. However, the labor force of 4.9 million is mostly
agrarian (85 percent), and unionized labor accounts for less
than 5 percent of the total. Seven of the national labor
organizations in existence are affiliated with the eight
political parties within the National Front for the Defense of
the Revolution. Two independent unions in 1979 signed a
protocol of agreement with the dominant political union
belonging to the President's party, pledging support for the
Malagasy "Socialist Revolution." The primary focus of the
unions is party politics, and they are usually active only
during election campaigns. Overall, labor unions play an
insignificant role in national life.
Public servants may not form independent trade unions but may
join "Malagasy Revolutionary Organizations" (ORM's) under the
supervision of the Government. Under the Charter of Socialist
Undertakings of 1978 workers' committees are established, but
preferential access to these is extended to the members of
trade unions belonging to one of the ORM's of the National
Front for the Defense of the Revolution. In 1989 the
Committee of Experts of the International Labor Organization
(ILO) asked the Government to take appropriate measures to
ensure that public servants can establish organizations
without prior authorization or other restrictions. It also
asked the Government to introduce legislation explicitly
guaranteeing the trade union rights of seafarers.
Workers have the right to strike, but in reality, strikes in
Madagascar are a rarity because of the severe unemployment
problem and the politicization of the labor federations.
However, there are occasional wildcat strikes. In these, the
Government generally sides with management for the restoration
of order. The Labor Code, which covers all workers except
civil servants and merchant marine employees, prescribes an
arbitration procedure which must be followed inMAPACASCAR
labor/management disputes. Should this procedure not lead to
a settlement, workers individually, or as represented by a
union, may call a strike.
In 1989 the SECES, a labor union comprised of university
professors and researchers, went on a major strike over its
dissatisfaction with general working conditions at the
nation's six universities. It used the withholding of
examination results from students as leverage in its dealings
with Ministry of Higher Education officials. On August 26, a
communique issued by the SECES explained that the freeze on
examination results had been lifted because some of its
demands had been met.
Several of the unions are members of the Communist-controlled
World Federation of Trade Unions or of the World Confederation
of Labor. One union, the Confederation of Malagasy Workers,
has links with the International Confederation of Free Trade
Unions.
b. The Right to Organize and Bargain Collectively
Union activity is governed by the Malagasy Labor Code of May
18, 1975, which guarantees free unions and the right to
bargain collectively. Article 4 of the Labor Code formally
prohibits antiunion discrimination by employers against union
members and organizers. According to Article 132 of the Labor
Code, collective bargaining may be undertaken between
management and labor at either party's behest. When there is
failure to reach agreement, the Ministry of Labor convenes a
nonconciliation committee which attempts to resolve
differences. If this process fails, the committee refers the
matter to the chairman of the First Circuit Court for final
arbitration.
There are no export processing zones in Madagascar, although
legislation providing for such zones was approved by the
National Popular Assembly at the end of 1989.
c. Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by Article 2 of the
Malagasy Labor Code. There is no forced or compulsory labor
in Madagascar within the definition set forth by the ILO.
Madagascar is a signatory to ILO Convention 29 prohibiting
forced labor.
d. Minimum Age for Employment of Children
The Malagasy Labor Code describes a child as any person,
regardless of gender, under the age of 18. The minimum age
for employment is 14, but the use of child labor is prohibited
in those areas where there is apparent and imminent danger.
The Government enforces these child labor laws in the small
wage sector through the Ministry of Civil Service, Labor, and
Social Law. However, in the large subsistence agricultural
sector many young children work with their parents on family
farms at much earlier ages. Similarly, in the urban areas
many children earn a living as parking attendants, newspaper
vendors, etc.
e. Acceptable Conditions of Work
The Malagasy Labor Code and its enforcing legislation describe
the working conditions for employees. Malagasy 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 minimum
wage rates in Madagascar according to categories of work. The
lowest (for unskilled workers) is approximately $20 per month
and is inadequate to ensure a decent standard of living.
Accordingly, most workers must supplement their incomes
through subsistence agriculture or reliance on the extended
family structure.
The Labor Code has rules concerning building safety, machinery
and moving engines, operational safety, and sanitation
standards. It appears that, in practice, the rules and
regulations of the Code are adhered to by employers and are
enforced by the authorities. Labor inspectors from the
Ministry of Civil Service, Labor, and Social Law carry out
regular visits to industrial work sites. Violations of
safety, sanitary, operational, and other Work Code laws are
the subject of reports by these inspectors. If the violations
are not remedied within a specified time frame, the violators
are legally charged and subject to various penalties
