Malagasy constitution

Malagasy constitution
Name	Constitution of Madagascar
Orig lang code	fr
Date created	1958, 1992, 2007, 2010
Location of document	Antananarivo
Signers	Philibert Tsiranana, Didier Ratsiraka, Marc Ravalomanana, Andry Rajoelina
Supersedes	1958 Constitution

Malagasy constitution The Malagasy constitution is the supreme law that has structured political life in Madagascar through successive instruments promulgated in 1958, 1992, 2007 and 2010, shaping relations among the Presidency of Madagascar, the Prime Minister of Madagascar, the Parliament of Madagascar, and the Constitutional High Court (Madagascar). It has been central to crises involving figures such as Didier Ratsiraka, Marc Ravalomanana, Andry Rajoelina, and international actors like the African Union and the Southern African Development Community. Debates over the constitution intersect with events including the 2009 political crisis, the 2018 presidential election, and constitutional reform referendums influenced by institutions like the United Nations and the International Monetary Fund.

History

Constitutional development in Madagascar began with the 1958 statute that followed the French Fifth Republic transition and the decolonization processes involving Charles de Gaulle. The 1975 era of Didier Ratsiraka saw adoption of texts reflecting close ties to Soviet Union model states and alignment with the Non-Aligned Movement. The 1992 Constitution emerged after the 1991 Pan-European Conference on Human Rights-era democratization pressures and the downfall of Ratsiraka, bringing in institutions associated with the World Bank-era structural adjustment debates and figures such as Albert Zafy. The 2007 revision under Marc Ravalomanana and the 2010 charter following the 2009 crisis and Andry Rajoelina’s political ascendance were each shaped by interventions from the African Union, the International Criminal Court-adjacent norms, and comparative influence from constitutions like those of France, South Africa, and Tunisia.

Key Provisions

The constitution prescribes the framework for the Presidency of Madagascar with eligibility, term limits, and succession rules, addressing controversies similar to those in Russia and Burundi about presidential term renewal. It organizes a bicameral legislature, the Senate (Madagascar) and the National Assembly (Madagascar), specifying electoral modalities influenced by comparative models such as the French National Assembly and the Senate of France. Provisions cover the establishment of an independent judiciary including the Supreme Court of Madagascar and the Constitutional High Court (Madagascar), echoing judicial review practices seen in the Constitutional Court of South Africa and the Constitutional Council (France). The charter sets fiscal rules affecting relations with multilateral creditors like the International Monetary Fund and the World Bank and regulates decentralization aligning with reforms in Mozambique and Kenya.

Constitutional Institutions and Separation of Powers

The constitution delineates powers among the President of Madagascar, who serves as head of state, the Prime Minister of Madagascar, who leads the executive branch, and the bicameral legislature comprising the National Assembly (Madagascar) and the Senate (Madagascar). The judiciary, featuring the Supreme Court of Madagascar and the Constitutional High Court (Madagascar), is tasked with constitutional adjudication, with procedures reminiscent of rulings by the Constitutional Council (France) and the Judicial Committee of the Privy Council in other jurisdictions. Checks and balances incorporate impeachment and dissolution mechanisms comparable to those used in the United States impeachment precedent debates and parliamentary dissolution practices in France and Spain.

Rights and Freedoms

Fundamental rights in the constitution include guarantees of civil and political liberties, social and economic rights, and protections for indigenous customs such as those recognized for the Merina people and other ethnic groups. The charter affirms freedom of expression involving media institutions like Radio France Internationale-affiliated broadcasters and domestic outlets, and safeguards property and land tenure issues that resonate with disputes over land reform in Madagascar and land law controversies seen in Brazil and South Africa. Provisions on equality and non-discrimination reflect international norms from treaties like the International Covenant on Civil and Political Rights and engagements with bodies such as the United Nations Human Rights Council.

Amendment Procedures and Constitutional Review

Amendment procedures require legislative approval by the Parliament of Madagascar and, depending on the clause, ratification by referendum held under the supervision of electoral bodies like the Independent National Electoral Commission (CENI). Past amendments, including the 2007 and 2010 texts, were contested in contexts involving international mediators such as the African Union and the United Nations Development Programme (UNDP). Constitutional review is conducted by the Constitutional High Court (Madagascar), whose decisions during electoral disputes have involved litigants represented by legal figures and parties such as Tiako I Madagasikara and Isika rehetra miaraka amin’i Andry Rajoelina.

Impact and Controversies

The constitution has been at the center of political crises, including the 2002 electoral dispute between Marc Ravalomanana and Ratsiraka and the 2009 transition that brought Andry Rajoelina to power, prompting sanctions from the European Union and mediation by the Southern African Development Community. Controversies include debates over presidential term limits similar to disputes in Burundi and Côte d'Ivoire, land tenure clauses implicated in tensions with foreign investors from countries like China and France, and the role of the judiciary in election adjudication observed in cases in Kenya and Ivory Coast. International organizations such as the International Monetary Fund and the World Bank have conditioned assistance on constitutional stability and governance reforms, while civil society groups, trade unions, and youth movements in Antananarivo continue to press for further amendments and protections akin to movements seen in Tunisia and Egypt.

Category:Constitutions by country