A/HRC/14/37
2.
Views expressed by Member and observer States of the Council on the review
outcome
541. The United States of America welcomed Madagascar’s acceptance of its
recommendation to define torture in its domestic legislation and to make it an offence with
specific sanctions, consistent with its obligations under the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. It also welcomed the
acceptance of its recommendation to enforce the law on human trafficking. It encouraged
Madagascar to accept the recommendations to restart the four-party Maputo process talks,
with the goal of establishing an inclusive transitional Government that would prepare the
country for free and fair elections and a return to democratic and constitutional rule; to put
in place the transitional institutions described in the Maputo agreement and hold credible
elections leading to the restoration of democracy and the rule of law; and to open a credible
and independent process for investigating the deaths and the events surrounding the March
2009 military coup.
542. Norway repeated its call for the establishment of the transitional institutions
described in the Maputo agreement and the holding of credible elections, leading to the
restoration of democracy. Norway would continue to follow the status of freedom of speech
and freedom of the media, stressing that the media were crucial for ensuring freedom of
expression. It regretted the fact that a number of journalists had been jailed the previous
month, recalling that Norway’s recommendation regarding the freedom of the media had
been accepted by Madagascar in February 2010. It considered these arrests to be
inconsistent with that acceptance. While acknowledging the action taken to reinstate a ban
on rosewood logging, Norway remained concerned about the lack of a practical impact on
the ongoing unchecked plunder of the biological treasures of Madagascar. It considered that
the universal periodic review recommendations, if implemented, would pave the way for
progress, peace and security in Madagascar.
3.
General comments made by other relevant stakeholders
543. Amnesty International welcomed Madagascar’s support for the recommendation to
release political detainees, to cease arbitrary detention and to ensure a fair trial for those
who were detained, and urged the Government to ensure its prompt implementation. It was
essential that Madagascar give effect to the important recommendation to open an
independent inquiry into the deaths and the excessive use of force during the peaceful
demonstrations held in 2009. Journalists and media outlets had been targeted both under
President Ravalomanana and since the High Transitional Authority came to power in
March 2009. It therefore called on Madagascar to swiftly implement the recommendations
to guarantee freedom of expression and assembly and to ensure that no one was arrested for
exercising those rights. Since Madagascar had not yet abolished the death penalty in law or
ratified the Second Optional Protocol to the International Covenant on Civil and Political
Rights, despite their de facto moratorium on executions, it also called on Madagascar to
introduce a de jure moratorium on executions and to abolish the death penalty.
544. The Indian Movement “Tupaj Amaru” stated that Madagascar was experiencing a
political crisis, which was having unprecedented and dramatic consequences for its people.
Approximately 500,000 people had become unemployed since the beginning of the crisis.
Unfortunately, the de facto authority was defying the international community and focusing
on a unilateral agenda. Since 26 January 2009, several hundred people had been killed,
disappeared or been victims of arbitrary arrest. Recently, FIS, the political police of the de
facto authority, which has no legal status, had stepped up arbitrary arrests, persecution of
political personalities, religious figures, soldiers and journalists. It called on the States
Members of the United Nations to support solutions and to align themselves with the
resolutions of the African Union. It called for the unconditional release of political
GE.12-17781
129
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents