A/HRC/28/13
6.
With regard to recommendations that had been accepted and implemented,
Madagascar noted in particular the return to constitutional order following the holding of
peaceful presidential and legislative elections; the enactment of Act No. 2014-007
establishing the Independent National Human Rights Commission in accordance with the
Principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles); the accession to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families by
Parliament in November 2013, and the consideration by the Government Council and
Council of Ministers of draft legislation authorizing the ratification of the Convention on
the Rights of Persons with Disabilities and the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty.
7.
Other recommendations that had been implemented included wider referral to the
Constitutional Court of cases involving violations of fundamental rights recognized in the
Constitution; consideration by the Government Council and Council of Ministers prior to
submission to Parliament of the bill establishing the Parliamentary Court of Justice with
jurisdiction to try the President of the Republic, the Prime Minister, members of the
Government, the two Presidents of the two chambers of Parliament and the President of the
Constitutional Court; and the inclusion of human rights modules in training programmes for
law enforcement officials in the major professional training establishments for the legal
profession, the police, the gendarmerie, the prison administration and the armed forces,
with the aim of preventing the excessive use of force and promoting respect for human
rights in the performance of daily duties.
8.
In response to questions prepared in advance, Madagascar indicated that, with regard
to special procedures, it had formalized the standing invitation to special procedures
mandate holders, on 26 August 2011, and had received the successive visits of three special
rapporteurs since 2011. Following the elections held in 2013, the visit by the Special
Rapporteur on extrajudicial, summary or arbitrary executions had been postponed.
Regarding the acceptance of the individual complaints procedure for all ratified
conventions, given that the admissibility of such complaints was dependent upon the
exhaustion of domestic remedies, Madagascar considered that the public should be made
aware beforehand of the rights protected by the ratified conventions, which may be invoked
before the courts that were bound to uphold them.
9.
Regarding the overdue periodic reports to the Committee on Economic, Social and
Cultural Rights and the Committee on the Elimination of Racial Discrimination, those were
currently being drafted and would be submitted to the bodies concerned before the end of
2014.
10.
With regard to violence against women, Madagascar intended to devise a national
action plan to combat such violence involving all stakeholders. Furthermore, measures had
already been taken to establish a national office under the Ministry of Population to monitor
gender-based violence.
11.
Regarding women’s access to landownership and customary practices preventing
women from inheriting land, awareness-raising workshops had been organized in the areas
affected, such as the south-east. These efforts would be maintained and strengthened
through the effective implementation of the landownership law in order to eliminate the de
facto discrimination faced by women.
12.
Regarding freedom of expression and the press, consultations had been held with all
stakeholders since July 2014, at the initiative of the Ministry of Communication and with
the support of the Office of the High Commissioner for Human Rights, with a view to
finalizing the draft code of communication due to be submitted to the National Assembly in
4
GE.14-24933
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