Country Report on Human Rights Practices for 1991
MADAGASCAR
When 1991 began. President Didier Ratsiraka, who had been in
power since 1975, and his party, the Vanguard of the Malagasy
Revolution (AREMA) , dominated the Government. By midyear, the
nation's "Active Forces" (a group of opposition political
parties, church groups, workers' syndicates, and private sector
groups) were organizing almost daily demonstrations that
challenged the Ratsiraka regime to meet demands for fundamental
political change. Civil servants also began a widely observed
strike that crippled the Government's administrative
apparatus. The Government consequently agreed to negotiate,
and on October 31 a compromise convention established an
interim Government which reduced the powers of President
Ratsiraka. This Government, headed by Prime Minister
Razanamazy and including many opposition members, is tasked to
provide a new constitution and elections within 18 months. The
National Assembly suspended its activities according to the
October 31 compromise, and transitional institutions were
established, including a 31-member High Authority of State, a
transitional administration, and a 130-seat Council for
Economic and Social Recovery. After much debate, a
transitional cabinet with considerable opposition membership
was named in mid-December. Strikes and demonstrations
continued although to a far lesser extent.
The gendarmerie (rural police) and the national police (urban
police) are responsible for internal security. At the year's
end, the Directorate General of Internal and External
Investigations and Documentation (DGIDIE) remained under the
authority of President Ratsiraka, although the DGIDIE director
also reported to the Prime Minister. In the past, the DGIDIE
and the police employed physical mistreatment of detainees,
particularly during interrogation, but reports indicate the
DGIDIE stopped such practices by mid-1990. The presidential
security guard, a unit of 1,800 men, remains under the direct
command of the President. In an October 25 statement, senior
officers of the military and the gendarmerie called on all
political leaders to move urgently toward a compromise,
demonstrating a degree of neutrality on their part.
Agriculture, especially rice production, dominates the Malagasy
economy. About 85 percent of the working population (39.3
percent of the country's 12 million inhabitants) are employed
in this sector, accounting for 80 percent of Madagascar's
export earnings. Rich in minerals, Madagascar also has a small
industrial base which accounts for 15 percent of the gross
domestic product. Personal incomes remain very low, and
unemployment remains high, particularly among youth (60 percent
of the population is under 25) . The strikes in support of the
opposition have had a serious negative impact on an already
weak economy.
Serious human rights abuses occurred during 1991, despite the
Government's increased tolerance of the freedoms of speech,
press, and assembly, and popular pressures for a more rapid
pace of political reform. In particular, while attempting to
control and disperse crowds of demonstrators in Antsiranana,
Antananarivo, and Mahajanga, security forces used tear gas,
stun grenades, and other tactics which killed and injured
numerous demonstrators (see Section l.a.). An effective
government capable of performing basic functions was not in
place for much of the year.
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 reported incidents of targeted political killing
in 1991. However, on several occasions, security personnel
used force, sometimes excessive, to disperse demonstrators who
participated in marches. In some cases, the demonstrators
engaged in looting and other vandalizing activity. On August
10, opposition leaders led a crowd estimated at over 100,000 on
a march on the presidential palace of lavoloha, located about
13 kilometers outside the capital. The demonstrators passed
two security checkpoints without being hindered by security
forces. However, when the crowd began to pass a final
barricade approximately 1 kilometer from the presidential
palace, the army and presidential guard dispersed it, first
with teargas, then by dropping stun grenades from a helicopter
that had been positioned at the presidential palace and
reportedly firing rifles into the crowd. A group of civilians,
reportedly transported to Antananarivo from the south by the
Government, were interspersed among the soldiers and threw
stones at the retreating crowd. In the ensuing confusion, some
demonstrators spilled over from the road into bordering rice
paddies, which had been mined. Retreating demonstrators were
pursued, and medical personnel confirm that at least two were
shot in the back. At least 11 demonstrators were killed in
this incident, and over 200 injured. Another 20 died later of
their wounds.
Later on August 10 in the northwest city of Mahajanga, a group
of 12,000 to 15,000 demonstrators looted and burned private
businesses and government buildings. Reportedly, five were
killed and seven injured when security forces used tear gas and
stun grenades.
Again, on October 23, a group of demonstrators in the northern
city of Antsiranana attempted, despite verbal warnings and
warning shots, to enter a security zone. Subsequently, one
member of the security forces rolled an offensive fragmentary
grenade into the street. Reportedly, 2 demonstrators were
killed, and 76 injured, many as they fled through a
construction area.
In late July and early August, four persons were killed in the
port city of Toamasina during political demonstrations. Two of
the deaths allegedly occurred at the hands of vigilantes
belonging to the Militant Movement for Malagasy Socialism
(MMSM), the then governing political coalition; the third
victim was allegedly shot in the back by security forces. The
fourth victim, an MMSM supporter, was reportedly killed by
Active Forces' supporters.
With the weakening of the police and gendarmerie's ability to
keep order, mob action against suspected criminals became more
frequent in July and August. At least five alleged thieves
were chased, caught, beaten, and killed by angry crowds in four
separate incidents. Their bodies were burned, and no official
actions were taken to apprehend or punish those responsible.
b. Disappearance
Following the clash on August 10, opposition leaders claimed 57
persons who had participated in the march on lavoloha were
missing and had been killed and buried. Though requested to do
so, the opposition did not provide a list of names of those
said to be missing, and no relatives came forward in response
to an appeal by a local human rights group. The presidential
palace turned over two bodies to families of the deceased.
Prime Minister Guy Razanamasy set up a commission of inquiry to
formally investigate the events of August 10. Also, the
opposition-dominated High Authority of State announced an
investigation. By year's end, the Prime Minister's report had
been turned over to the Ministry of Justice, though its content
was not publicized.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
In the past, the DGIDIE (the intelligence unit) has beaten
prisoners in its custody, although there were no reports of
such abuses in 1991. The director of the DGIDIE, a judge
appointed in mid-1990, has attempted to reform the
organization, stating publicly in 1991 that the role of the
DGIDIE was to protect the rights of the individual.
Conditions in Malagasy prisons are harsh and life threatening.
The diet provided is inadequate, and family members must
augment inmates' daily food rations. Those prisoners without
relatives in the vicinity sometimes go for days without food
and some have starved in the past. Prison cells built for one
inmate are now housing up to eight. Each prisoner has on
average less than one square meter of space. Prisoners suffer
a wide range of medical problems that are not routinely
treated, including mainour ishment, infections, malaria, and
tuberculosis. The prison death toll rises significantly during
the winter months. A number of children live in the prisons
with their mothers, and there is prostitution by female inmates
in collusion with guards.
d. Arbitrary Arrest, Detention, or Exile
Legal safeguards against arbitrary arrest and detention are not
always followed. According to the law, in a normal criminal
case, the detainee must be charged or released within 3 days
after arrest. An arrest warrant may be obtained but is not
always required. 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. Bail may be requested by the accused
or his attorney immediately after arrest, after being formally
charged, or during the appeal process. Denial of bail may be
appealed. The Malagasy 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. The judicial process, always slow,
was mired down even further in 1991 by a magistrates' strike in
support of the political opposition. During July and August,
several hundred prisoners walked away from their places of
incarceration when prison guards joined the strike.
Under Malagasy law, persons suspected of activity against the
State may be detained incommunicado for 15 days, subject to
indefinite extension if deemed necessary by the Government.
Over the summer the opposition named a shadow government as
part of its strategy to contest power and instructed its shadow
ministers to ocfcupy government ministries. In July four of the
shadow ministers were detained by government security forces.
Two were detained while trying to enter ministry buildings; the
other two were taken into custody on the street . They were
held incommunicado and released several days later. While two
of the detentions were witnessed and one actually photographed,
the other two were not verified and were treated with some
skepticism in the press. The abductions were believed to have
been carried out by the Government's antiterrorist squad. None
of the incidents were ever investigated, and the guilty parties
remain unpunished. At the end of 1991, there were no persons
held under this provision.
In late July and early August, 57 arrests were made in the port
city of Toamasina during the demonstrations. The arrests were
authorized by the mayor and carried out by gendarmerie
"antigang" units who concealed their identities and security
affiliation. A Malagasy lawyer questioned whether these units
were legally empowered to make the arrests, stating that only
military police or gendarmes using proper arrest procedures
have that authority. It was reported that the detainees had
been denied access to counsel and to family members. All
detainees were confirmed released by late September.
e. Denial of Fair Public Trial
Malagasy 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 Malagasy
penal code.
The 1975 Constitution provides for an independent judiciary,
and, in practice, the judiciary seems to function largely
without influence from the executive. However, the judiciary,
unlike the executive and legislative branches, is not a
separate branch of government. One aim of the 1991
magistrates' strike was constitutional reform to raise the
judiciary to the level of a separate government branch.
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.
The Constitutional High Court, with a separate and autonomous
status, is a body for review of laws, decrees, and ordinances,
and for oversight of elections and certification of their
results. It is clearly separated from the judicial hierarchy.
Extralegal institutions known as "dina" also exist as a means
of conflict resolution. Dina are village-based pacts and exist
as specific agreements between villages. Technically, dina
handle only civil matters among villages; criminal cases are to
be turned over to the court system. In practice, the dina have
been used to settle cattle rustling cases, prevalent in the
south. Decisions by dina are not subject to procedural
protections of due process or to judicial review. Dina are
traditional means of conflict resolution. Decisions are
considered just as long as the parties involved accept this
traditional concept.
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 charged
with breaking military laws. Military courts, like civilian
courts, provide for an appeal process and are presided over by
civilian magistrates. The rank of the four military officers
comprising the court is determined by the rank of the accused.
There were no reports of political prisoners being held in
Madagascar at year's end.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in the private aspects
of the lives of the people. The home is inviolable under
Malagasy tradition and law, though the Constitution permits
authorities, to enter homes where a suspect is caught in a
criminal act or where the owner explicitly consents to a
search. There is no known monitoring of telephones or
correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Press censorship was suspended in 1989 and formally abolished
in December 1990. Beginning in 1989, the print media have
openly criticized both the Government and the opposition.
Opposition parties, independent trade unions, professional
associations and others have benefited from regular access to
the newspapers and journals and often have their statements
pxiblished. Following the temporary reimposition of censorship
under the State of Emergency in July, the press first printed
both censored and uncensored editions and then, within a few
days, decided to ignore the censor because the Government did
not enforce the emergency censorship regulation.
By mid-1991, the state-owned Malagasy Radio-Television (RTM)
had begun to broadcast a weekly discussion program, often
featuring prominent opposition figures, and to televise live
each evening the French Antenne 2 network news. However, the
Government kept close watch over these important media
outlets. During May and June, the RTM provided limited
coverage of opposition activities, and in late June RTM ceased
coverage of opposition activities altogether. RTM personnel
joined the general strike in part to protest this tight
government control. While a portion of the RTM strikers
returned following the installation of a new cabinet led by
Prime Minister Razanamasy in late August, some of the remaining
RTM strikers created a private radio station. Radio Active
Forces, without benefit of a license from the Government. In
October Prime Minister Razanamazy gained control of television
facilities which had been moved to the presidential palace.
Since then, television news has covered the full spectrum of
political activities. A Sunday program was inauguarated in
October featuring lively debate among political figures.
Academic freedom was in theory restricted by a constitutional
prohibition of any public lectures or teachings that condemn
the Socialist revolution. However, this provision was deleted
in the constitutional reform package presented by President
Ratsiraka to the National Assembly in June. In 1991 high
school students in Antananarivo were prevented from taking
their baccalaureate examinations by opposition demonstrators.
Teacher strikes which mingled opposition and union demands
largely paralyzed the public education sector during the second
half of the year.
b. Freedom of Peaceful Assembly and Association
Some legal restrictions remain on the right of assembly and
association. Municipal permits are required to hold public
meetings and may be denied by the Government on the grounds of
endangering national security. However, from the time the
protest movement began in May, Antananarivo municipal
authorities granted the opposition permission to hold their
rallies. Despite the State of Emergency, which technically
banned political meetings, municipal authorities continued to
permit opposition rallies to take place. However, in several
cities, the Government set up security zones which
demonstrators were not allowed to enter. The violent events
cited in Section l.a. took place as marchers crossed into these
security zones. Municipal authorization for rallies and
marches continued through year's end.
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 restriction on travel within the country. 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, but
these are seldom denied. There is no refugee population in
Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
At the end of the year, this right remained in question as
Madagascar had not yet undergone fully free and fair general
elections. However, a transitional process intended to bring
about a new constitution and new elections by 1993 was under
way. Under these interim arrangements brought about by popular
pressure, governmental power had shifted substantially from
President Ratsiraka and the institutions of the 1975
Constitution to Prime Minister Razanamazy and the transitional
institutions established under the October 31 convention. The
legislature and Supreme Revolutionary Council had been
suspended in accord with the convention, and the nonelected,
transitional institutions that replaced them provided for
significant opposition representation. A 36-member Cabinet for
the transitional Government was named in mid-December in which
the Active Forces held some key ministries and about 40 percent
of all seats; the Cabinet had no AREMA members.
Suffrage is universal, with no discrimination based on sex or
minority status. There is recognition among members of the
MMSM, the opposition parties, and civic organizations that the
electoral system must be reformed in order to prevent such
abuses as voter intimidation at the local level.
The electoral system is complex, with individual parties, not
the national Government, responsible for printing ballots and
distributing them to all voting sites. Costs associated with
ballots must be borne by the parties, and only those parties
garnering a minimum 10 percent of the vote are reimbursed for
those costs. A special legislative by-election was held on
February 3 to fill seats in three districts. The MMSM fielded
three candidates, while the the Active Forces chose to present
candidates from individual parties rather than the coalition.
In each case, the MMSM candidate won. Although there were
allegations of misuse of government assets in favor of the MMSM
candidates and voter intimidation, the widely respected
National Committee of Election Observers (CNOE) confirmed that
the MMSM candidates were in fact the winners. At year's end,
36 political parties were legally registered in Madagascar.
The Christian Council of Churches (FFKM) is at the forefront of
the constitutional reform movement and played a major role in
mediating the compromise solution of October 31 between the
Government and the Active Forces. The FFKM is composed of the
Anglican, Catholic, Lutheran, and Church of Jesus Christ
(Protestant reformed) Churches, representing about 50 percent
of the Christian churches operating in Madagascar.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Human rights groups are considered to be political groups under
Malagasy law and must register with the Government. At the
beginning of 1991, the National Committee of Election Observers
attempted to register as a nonpartisan, human rights group but
was denied registration by the Ministry of the Interior, which
insisted that CNOE should register as a political group. While
an appeal to the courts is pending, CNOE continues to function
and increasingly played a mediation role in 1991 during the
political crisis. In the last half of the year, a number of
new human rights organizations emerged, although in no instance
had the application process for their legal registration been
completed at year's end. Magistrates have been on strike for
several months, causing serious backlogs in the legal system.
The Government historically has not cooperated with groups
wishing to investigate alleged human rights violations. In
1991 it did permit visits by regional delegates of the
International Committee of the Red Cross (ICRC) to confer on
educational activities with regional representatives of the
Malagasy chapter of the Red Cross.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Madagascar is inhabited by approximately 12 million people,
mainly of mixed Malayo-Polynesian and African origins, and are
divided into 18 distinct groups based on regional and ancestral
affiliation. While legal discrimination does not exist.
favoritism based on regional origin is often a determining
factor in selecting personnel for positions in ministries and
the private sector. In addition, in 1991 supporters of the
President attempted to exploit ethnic tensions to counter the
oppos i t i on movement.
An Indo-Pakistani community of about 24,000, primarily engaged
in commerce, has been in Madagascar since the early part of
this century. Few have integrated into local society,
preferring to retain their language, religion, and culture, and
most have opted to retain French rather than Malagasy
citizenship. There were several incidents of looting and
burning of Indo-Pakistani enterprises in the port cities of
Toamasina and Mahajanga during the months of June, July, and
August in connection with the protest demonstrations.
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, but the participation of women in secondary and
higher studies is much lower than that of men. Women in rural
areas and among the urban poor face a greater degree of
hardship, bearing the traditional responsibilities of raising a
family and engaging in farm labor or other subsistence
activities. 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. Malagasy society tends to
resolve conflict through a combination of patience and
negotiation, and marital confrontation is not considered
acceptable; 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.
Section 6 Worker Rights
a. The Right of Association
The Malagasy in both the public and private sector have the
right in law 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 (85 percent), and unionized labor accounts for
less than 5 percent of the total. Many unions are affiliated
with political parties.
In organizing workers during opposition rallies this year, the
Active Forces bypassed the unions and organized "strike
committees." These committees made the decision to strike or
not to strike for the opposition throughout the period of
political turmoil. Civil servants, with the exception of those
providing "vital services to the nation," and private sector
workers have the right to strike as provided for in the Labor
Code, and many strikes occurred in 1991, including a civil f
servants' strike which lasted over several months and brought
the Government to a near stop. Opposition calls for general
strikes to exert pressure on the Government were very effective.
Unions may freely form federations or confederations and
affiliate with and participate in international bodies. There
are Malagasy members in all three trade union internationals.
b. The Right to Organize and Bargain Collectively
Both public and private sector union activity is governed by
the Labor Code of 1975, which provides for free unions and the
right to bargain collectively. The Code states that 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 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.
Collective bargaining agreements are not routinely negotiated
but do exist. In 1991 the strike at the port of Toamasina was
ended by collective bargaining.
Although export processing zones are authorized in Madagascar,
none is currently functioning.
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. While union
activity in this country of high unemployment had been minimal
in the past, much of the unionized population was on strike
during the latter half of 1991. In the case of the civil
service, salaries were paid, though sometimes late, during the
extended period of the strike, despite acute shortages of funds
due to the dire state of the economy.
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 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 enforces these child labor
laws relatively effectively in the small wage sector through
inspectors from 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, and through other street trading.
e. Acceptable Conditions of Work
The Labor Code and its enforcing legislation prescribe the
working conditions and wage scales for employees, to be
enforced by the Ministry of Labor and Social Law. 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 on employment skills. The lowest (for unskilled
workers) is inadequate to ensure a decent standard of living.
Accordingly, such workers must supplement their incomes through
subsistence agriculture or reliance on the extended family
structure. Given insufficient enforcement measures, official
wage rates are sometimes ignored as high unemployment leads
workers to accept salaries below the legal wage.
The Labor Code has rules concerning building safety, machinery
and moving engines, operational safety, and sanitation
ostensibly enforced by the Ministry of Civil Service and the
Ministry of Labor and Social Law. Labor inspectors do
regularly visit industrial sites, and violations of Labor Code
rules are subject to inspection reports. If cited violations
are not remedied within a specified time frame, violators may
be legally charged and subject to penalties. Nevertheless, in
several 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, although there is clear
evidence that they exist.
In any case, for 1991 discussions of enforcement of the Labor
Code were theoretical. Without a functioning government for
much of the year, and with the civil servants' strike, the
administrative apparatus was effectively out of operation.
