A/HRC/43/13/Add.1 1. Madagascar submitted its third report under the universal periodic review mechanism in November 2019. 2. Following the review, it received 203 recommendations, of which 163 were accepted immediately, 11 were not accepted, and 29 were partly accepted. 3. The Government of Madagascar held consultations with stakeholders in order to prepare the present addendum. Its replies reflect the views of the ministries responsible for implementing the recommendations. 4. The present document sets out the Government’s position with regard to the recommendations contained in paragraph 122 of the report of the Human Rights Council working group. The Government would like its replies to be published as an annex to that report. 5. Madagascar supports the following recommendations: 7, 8, 11, 13, 15, 16, 18, 19, 21, 23 and 28. 6. Madagascar does not support recommendations 1 to 6, 9 and 10, on the ratification of the Convention on the Prevention and Punishment of the Crime of Genocide, the Protocol relating to the Status of Refugees of 1967, the statelessness conventions, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Government is currently studying the application and implementation of the international human rights instruments that the country has already ratified. 7. Madagascar does not support recommendation 12, on the enactment of comprehensive legislation that provides full and effective protection against discrimination in all forms, and which contains a comprehensive list of prohibited offences that constitute grounds of discrimination. The Constitution of Madagascar prohibits all forms of discrimination and, furthermore, the country is a party to the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. 8. Madagascar does not support recommendation 14, on the establishment of an independent mechanism to investigate reports of acts of torture and ill-treatment committed by the security forces, in particular during operations to combat cattle rustling. The necessary structures are already in place within the defence and security forces. Cases involving acts of torture committed by staff of the National Gendarmerie fall within the competence of the special crimes department of the Criminal Police Directorate and its subdivisions, which include criminal investigation units and investigative support teams. Gendarmes are trained to carry out their mission within the law and not to close ranks. In 2019, the National Gendarmerie issued 140 authorizations to prosecute, and 81 gendarmes of various ranks were placed in custody. Since the beginning of 2020, 15 authorizations to prosecute have been issued, and 8 gendarmes of various ranks have been placed in custody. The State Secretary under the Ministry of Defence responsible for the gendarmerie may order an investigation to be opened if a gendarme is suspected of having committed such acts. 9. Madagascar does not support recommendation 17 on the cessation of the harassment, arbitrary detention and intimidation of human rights defenders exercising their right to freedom of expression, including environmental activists. Madagascar has a nonnegotiable policy against impunity. In addition, as Madagascar is a State governed by the rule of law, the commission within the country of any act that violates the law gives rise to prosecution. Regardless of the status an individual may have, offences committed outside his or her capacity as a human rights defender will be prosecuted. It is not a question of intimidation, but of observing the legal rules in force. However, it should be noted that a bill on the protection of human rights defenders is currently under consideration. 10. Madagascar does not support recommendation 20 on repealing the offence of insulting public officials. Insults, which are considered to be attacks on an individual’s honour, are categorically not accepted in Malagasy society. The repeal of such an offence cannot be envisaged at present. 2 GE.20-03667