A/HRC/43/2
conditions of detention continued to be dire, but at least the death of detainees due to poor
health caused by malnutrition had become exceptional, a result that should be welcomed.
This result remained tenuous, however, as long as prison overcrowding continued, fuelled by
pre-trial detention which is still widely practiced by judges. Just recently, a human rights
defender had been placed in pre-trial detention on charges of fraud. Regarding the
proliferation of acts of popular revenge, the Commission noted that, across the country,
especially in the case of homicide, overexcited crowds had demanded that the police or
gendarmerie forces who arrested the alleged perpetrators hand over the alleged culprit with
the purpose of lynching them. It was asserted that this situation was due to mistrust of the
judiciary, reinforced by the recent provisional release of a former member of parliament, after
being tried and sentenced to five years imprisonment without probation. The Commission
stated that, in this context, the sanctioning of 11 magistrates for corruption was not enough
to restore the lost confidence.
3.
Views expressed by Member and observer States of the Council on the outcome of the
review
715. During the adoption of the outcome of the review of Madagascar, 13 delegations made
statements.**
716. Egypt applauded the commitment of Madagascar to the Human Rights Council and
its mechanisms and welcomed its accession to the Convention on the Rights of Persons with
Disabilities as well as to the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families. Egypt also commended reinforcement of
the legislature with respect to human rights and reform of the justice system in combating
corruption. Egypt wished Madagascar success in implementing the accepted
recommendations and recommended the adoption of its report.
717. Ethiopia noted with appreciation the acceptance by Madagascar of the
recommendation offered by Ethiopia on the implementation of a strategic plan as aligned
with the Africa Programme on Accelerated Improvement of Civil Registration and Vital
Statistics Systems. Ethiopia stated that it was of the view that the universal periodic review
would remain to provide an opportunity for sharing best practices and as a platform where a
constructive exchange took place. Ethiopia wished Madagascar every success in
implementing the accepted recommendations from the third cycle.
718. Gabon noted with satisfaction that special attention had been paid to the rights of
vulnerable people, including women, children, migrants and prison inmates. In this context,
measures to eradicate trafficking in human beings, child labour and the slavery of migrant
workers were priorities for the achievement of the 2030 Sustainable Development Goals.
Other measures were also being taken to combat prison overcrowding, in particular the
creation of a one-stop shop at the level of the Court of Cassation, the increase of correctional
hearings, the increase in sessions of the Criminal Court, as well as the construction and
upgrading of prisons. In view of these tangible efforts, Gabon encouraged Madagascar to
continue along these lines and wished it every success in implementing the recommendations
from its universal periodic review in November 2019. Gabon recommended that the Council
adopt the report on Madagascar.
719. Haiti thanked the Government of Madagascar for having accepted two out of its three
recommendations. These were recommendation 121.24 on ensuring that mining activities
contribute to sustainable development as well as the social and economic development of the
country, and also recommendation 121.25 on the bilateral fishing agreements, which should
** The statements of the delegations that were unable to deliver them owing to time constraints which
were made available are posted on the extranet of the Human Rights Council, at
https://extranet.ohchr.org/sites/hrc/HRCSessions/RegularSessions/43session/Pages/default.aspx
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