Background
In March, Cyclone Gamane caused flooding and heavy rains, particularly in the northern Sava region, including in Vohemar city. The cyclone resulted in 18 deaths, displaced 20,737 people and damaged vital infrastructure including roads and bridges connecting the area to other regions of the country. Funding from the international community following the government’s calls for international support remained inadequate.
Legislative and municipal elections took place in May and December, respectively.
Detainees’ rights
Detainees continued to suffer overcrowded conditions, with cells often holding more than double their intended capacity, including at the Maison Centrale d’Antanimora prison where a unit built for 30 held at least 60 detainees.
The government failed to reform the practice of harsh custodial sentencing, which disproportionately affected the most vulnerable members of society, including people accused of stealing basic necessities like food or a toothbrush, thereby exacerbating the overcrowding crisis. Between 1 January and 29 November, the Tribunal of Mahajanga – one of 22 main tribunals – found 639 people guilty of petty theft, an offence that could result in a maximum prison sentence of five years. In July the Ministry of Justice’s chief of staff justified the practice as a measure to “protect” accused people from mob justice.
Torture and other ill-treatment
In February the government amended the Penal Code to allow surgical castration as punishment for the rape of a child, a practice that violates the absolute prohibition of torture and other cruel, inhuman and degrading treatment.
Freedom of association and assembly
The rights to freedom of association and peaceful assembly remained heavily restricted. In Mananjary district, during legislative election campaigning in April, the chief of staff of the Ministry of National Education threatened to transfer a civil servant to another duty station for supporting an opposition party.
Authorities continued to use Order 60-082 of 13 August 1960, which violated regional and international human rights standards by unduly limiting the rights to freedom of peaceful assembly and association, particularly against protesters. For example, on 3 September, four people were each given a six-month suspended prison term for participating in unauthorized demonstrations after they attended protests demanding the release of the MP for Vangaindrano district, Sylvestre Mahavitara.
On 27 August, security forces violently repressed a peaceful protest by local communities opposing the Base Toliara mining project in Toliara II district.
Freedom of expression
The right to freedom of expression continued to be severely restricted, particularly for journalists and opposition party members and supporters. Authorities used Predator spyware to monitor the phones of political opposition members.
On 31 May, MP Marie Jeanne d’Arc Masy Goulamaly was arbitrarily detained for several days for questioning the fairness of legislative elections in her district.
Authorities continued to use the 2016 Communication Code against journalists. For example, Mickaelys Kamy Ndiamahazo was imprisoned after being convicted in September for reporting on local government influence over legislative election outcomes in Toamasina, and for posting a call for civic action on Facebook.
On 17 September, journalist and blogger Patrick Raharimanana was sentenced under the 2016 Communication Code to five years in prison and fined for “interception of computer data” and “publishing documents compromising national security” after he posted the president’s travel itinerary on social media during the legislative election period.
Internally displaced people’s rights
The government failed to guarantee the rights of hundreds of people internally displaced from southern Madagascar by severe drought. Despite worsening living conditions, the government did not provide protection or support for displaced people, many of whom continued to suffer violations of their rights to freedom of movement and residence, and to adequate housing. Instead, authorities forcibly evicted displaced people who had settled in protected areas of Ankarafantsika National Park in the Boeny region in northern Madagascar and failed to provide them with adequate alternative housing. No genuine consultation to identify feasible alternatives was conducted, and they were not compensated for losses and damages. The government failed to detail how it would address the needs and interests of those internally displaced by the drought or assess the loss and damage they faced prior to, during, and after displacement.
Boeny’s governor reported in July that around 100 people were arriving in the region each week, often after arduous journeys of around 1,500km. Some travelled on foot and/or by bus, without support from the government or international community.
Women’s and girls’ rights
Parliament continued to reject a bill drafted in 2021 that sought to decriminalize abortion, which remained illegal under all circumstances, despite the alarmingly high incidence of rape against girls, including instances involving incest. The government failed to adopt a survivor-centered approach for those affected by sexual violence, implement measures to allow survivors to report rape safely without fear of stigma or retaliation, ensure perpetrators were held accountable, or to provide survivors with prompt access to justice and reparation.
Gender-based discrimination remained pervasive and disproportionately affected women, particularly those displaced by drought, for whom crucial protections were not available. Preconceived ideas rooted in social and cultural norms led to inequalities that reduced the ability of women living in regions including Androy in the south to seek better living conditions. For example, compared to men, women were far less free to sell their resources, including cattle and land, to aid their departure to areas unaffected by the worsening drought. As a result, women and children were increasingly vulnerable to the adverse living conditions.
Discrimination
There were 23 cases of abductions of persons with albinism. Nine of those abducted were later found dead. Abductions and murders of persons with albinism are driven by dangerous superstitious misconceptions about the condition.
