A/HRC/14/13
9.
With regard to the normative framework, the Constitution states, in its preamble,
that the Universal Declaration of Human Rights, the African Charter on Human and
Peoples’ Rights and the conventions related to women’s and children’s rights are an
integral part of Malagasy positive law. The Constitution also acknowledges that
international conventions ratified by Madagascar, once published, have authority above that
of domestic legislation. Furthermore, in order to ensure the judicial implementation of
ratified international instruments, relevant actors and members of civil society recently
received training on human rights and the administration of justice, conducted in
partnership with the United Nations.
10.
At the institutional level, in the light of the observations of treaty bodies and in
conformity with the Paris Principles, a National Human Rights Council was created by law
in 2008. It includes nine members of Parliament and members of the Executive, the law
faculty, civil society, the Bar Association, journalist unions and trade unions. Owing to the
suspension of Parliament, it was not possible to establish this institution in an effective
way. However, a People’s Ombudsman (Médiateur de la République) protects the rights of
citizens in cases of conflict with the Administration.
11.
Within the framework of the implementation of the United Nations Convention
against Corruption and the United Nations Convention against Transnational Crime, ratified
by Madagascar in 2003 and 2005, respectively, four independent bodies entrusted with
combating corruption have been established.
12.
In order to guarantee the exercise and enjoyment of rights concerning electoral
procedures, a national electoral council was established in 2003. A draft bill aimed at the
creation of an independent national electoral council is in the process of being adopted,
following a broad inclusive and consultative process. The council will have the task of
managing, organizing and supervising electoral operations and referendums. It will also
ensure that electoral legislation is complied with in order to guarantee free, transparent,
democratic, fair and equitable elections. It will ensure that citizens are educated in that
regard, with the collaboration of civil society. The membership and the powers of the
committee will be in conformity with relevant international practice.
13.
The Constitution enshrines the independence of the judiciary and ensures that judges
cannot be removed. At present, the Supreme Council of the Judiciary comprises mainly lay
and non-judge members, whereas previously most of its members were appointed by the
Minister of Justice.
14.
Moreover, codes of conduct for judges, other judicial personnel and prison personnel
have been published in order to improve the equality of justice. Access to justice has been
improved through the following measures:
• The establishment of new courts and tribunals, thus enhancing the effectiveness of
the appeal process;
• The provision of judicial assistance for economically disadvantaged persons;
• The setting up of legal information and orientation kiosks;
• The provision of alternative means for dispute settlement in a community setting,
through “law houses” focusing on reconciliation.
15.
With regard to the protection of women’s rights, Madagascar adopted a National
Policy for the Promotion of Women in 2000 and has implemented a Gender and
Development Plan of Action for the period 2004-2008. In that connection, a number of
legislative measures have been taken:
• Provisions ensuring equality between men and women, in particular with regard to
marriage and inheritance rights;
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