A/HRC/43/2
3.
General comments made by other stakeholders
729. During the adoption of the outcome of the review of Madagascar, four other
stakeholders made statements.**
730. The Center for Global Nonkilling stated that it was with deep sadness that its
organization acknowledged the choice of Madagascar to note the recommendations made
towards the ratification of the Convention on the Prevention and Punishment of the Crime of
Genocide. It was asserted that the prevention of genocide was a matter pertaining to the
dignity of humanity and to its capacity to give a true and lively meaning to its universal and
common history. It reiterated its call for the universal ratification of the Convention on the
Prevention and Punishment of the Crime of Genocide, and called upon all States that have
not yet done so to discharge local considerations regarding the ratification of the Convention,
and to join all the other nations in its universal efforts towards making genocide a crime of
the past. It also called upon Madagascar to reconsider its position and ratify the Convention,
without further delay. It stated that the progress of humanity, for both present and future
generations, was in the hands of the present generation.
731. CIVICUS: World Alliance for Citizen Participation welcomed the acceptance by
Madagascar of 22 recommendations focusing on civic space. However, its submission to the
universal periodic review had documented that, since the last review, Madagascar had only
partially implemented two recommendations and had not taken concrete steps to implement
another 20 recommendations made in 2014, that also related to civic space. It welcomed the
acquittal of investigative journalist Fernand Cello by the Fianarantsoa Appeals Court nearly
two years after his arrest on charges with the theft of a chequebook. This acquittal was a
necessary step to respect the rights of journalists and media houses. However, concerns
remained over the media code that imposed heavy fines for offenses such as contempt,
defamation, and insults against government officials. In addition, flaws in the criminal justice
system allowed the judiciary to rule under the influence of the executive. Pre-trial detention,
including of human rights defenders and journalists, was prevalent and used as a strategy to
force them to self-censor. It asserted that freedom of assembly also continued to be restricted
as authorities used public order as a justification to ban protests by civil society groups. It
expressed concerns regarding the high levels of prosecution, intimidation and harassment of
human rights defenders, particularly those advocating for environmental and land rights. It
called upon the Government of Madagascar to take proactive measures to address these
concerns and implement recommendations to create and maintain, in law and in practice, an
enabling environment for civil society.
732. United Nations Watch expressed concerns about persistent corruption in Madagascar
that undermined all other improvements in the promotion of human rights and democracy. It
noted that, according to the report of the Working Group on the Universal Periodic Review,
Madagascar reaffirmed its fight against corruption, and its commitment to promoting
integrity, accountability and transparency. However, it stated that, according to the latest
Corruption Perception Index by Transparency International, Madagascar placed near the
bottom, ranking 158 out of 180 countries, and a 2017 report by the International Monetary
Fund had found that corruption in Madagascar led to reduced macroeconomic and political
stability, while Freedom House had noted that investigation and prosecutions of corruption
by the underfunded Anticorruption Bureau of Madagascar were infrequent and rarely
targeted high ranking officials. It recalled the zero tolerance stance on corruption announced
by the President of Madagascar in February 2020 and highlighted that, within the proposed
2020 fiscal budget, there were reportedly 196 million euros budgeted with no specified
** The statements of stakeholders 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
GE.
115
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