Madagascar

On 12 February, the parliament of Madagascar passed a law establishing chemical or surgical castration as punishments for those convicted of raping a child. President Andry Rajoelina referred the law to the High Constitutional Court (Haute Cour Constitutionnelle, HCC) for constitutional review prior to promulgation the following day. The Court ruled on 23 February that the law was in conformity with the constitution, and mandated surgical castration for those convicted of raping a child under the age of 10. In the case of older children, judges are given some discretion regarding sentences. Human rights activists have argued that the new law violates Madagascar’s commitments under several international human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture.

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Madagascar’s presidential election was held on 16 November, resulting in a victory on the first ballot for incumbent President Andry Rajoelina. Ten of the twelve other candidates decided to boycott the election late the process, thus leaving their names on the ballots. Several legal challenges to the provisional results of the election were filed, but these were dismissed by the courts and on 2 December the High Constitutional Court declared Rajoelina the winner. The national election commission (Commission électorale nationale indépendante, CENI) reported turnout to be 46 per cent of the registered voters, down from 53 per cent in 2018. Rajoelina received almost 59 per cent of the votes, while the two leading opposition candidates, Siteny Randrianasoloniaiko and Marc Ravalomanana, received 14 and 12 per cent, respectively.  There were no female candidates. An observer mission from the African Union noted that the election took place in a fraught political atmosphere ‘characterized by acts of violence,’ following a month of demonstrations, and that turnout was lower among women than men.

Elections Andry Rajoelina

The High Constitutional Court of Madagascar ruled on 12 October that the first round of the presidential election would be delayed by one week (from 9 November to 16 November). The court did not provide a reason for the delay, but the capital city was the scene of regular clashes between opposition supporters and the police in the weeks before, as unauthorized marches broadly supporting 11 opposition candidates were met with tear gas. Outdoor demonstrations have been banned in Madagascar since April. During one of these incidents, former president (and current presidential candidate) Marc Ravalomanana sustained a minor injury. Incumbent President Andry Rajoelina is running for re-election, and opposition politicians interpret the restriction on demonstrations as favouring his campaign.

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On 31 March, Madagascar’s Interior Minister announced a ban on political demonstrations in open public places, ordering that they be limited to enclosed spaces. This ban comes seven months before the next presidential election and is seen by critics of the government as part of a broader crackdown on dissent. Current President Andry Rajoelina is widely expected to run for re-election, and the ban has been interpreted by opposition parties as favouring him. On 4 April, an opposition party (Malagasy Miara-Miainga - MMM) was denied permission to hold a rally at a small stadium in Imito. The MMM party challenged the denial of permission for the rally at an administrative court, which then referred the case to the High Constitutional Court. No ruling on the case had yet been issued by the end of April.

Protests Constitutional Court