Madagascar’s Referendum Crisis: A Threat to Democracy

Introduction

Antananarivo, Madagascar - The Malagasy Republic is facing a constitutional crisis after the President of the Superior Council of the Magistrature, Andry Rajoelina, intervened in a motion of censure against his government. This move has raised concerns about the erosion of checks and balances in the country’s political system.

The Crisis Unfolds

On December 9, 2022, the National Assembly was set to vote on a motion of censure against the government, which accused it of failing to implement state policies, interfering with parliamentary affairs, and tolerating corruption. However, after a meeting convened by President Rajoelina on December 7, the President of the National Assembly declared the motion inadmissible on December 8.

Concerns about Institutional Independence

Critics argue that this move is a clear example of the personalization of power by successive presidents, which has undermined the independence of institutions and hampered the emergence of credible and accountable governance. The Malagasy judicial system, derived from the French tradition, has three levels of courts, including the Supreme Court and the High Constitutional Court. However:

Frequent allegations of corruption have raised concerns about the judiciary’s effectiveness.
A large backlog of cases has limited the judiciary’s ability to address citizens’ grievances.

Corruption and Human Rights Concerns

The current government has launched a campaign against corruption, but critics argue that it is marred by political pressure and intimidation. This includes:

Political appointees in anti-corruption institutions, raising questions about their independence.
Limited convictions despite high-profile cases being investigated and hearings held.

Madagascar’s human rights record is also under scrutiny. The country has seen a spike in:

Cases of torture, ill-treatment, and unlawful killings by security forces.
Life-threatening prison conditions and a lack of judicial independence.

The Malagasy people have faced discrimination based on:

Race
Gender
Disability
Language
Social status
The LGBTQ+ community faces social stigma and discrimination.
People with albinism have been targeted for murder and abduction in some regions.

Institutional Stability

The stability of Madagascar’s institutions is another area of concern. The country has a semi-presidential republic system, but the personalization of power has led to:

A concentration of authority in the hands of the president.
Limited ability of parliament to act as an effective check on executive power.

Conclusion and Recommendations

Madagascar’s referendum crisis highlights the need for urgent reforms to address the erosion of checks and balances, strengthen institutions, and promote accountability and transparency. The international community must also play a role in supporting democratic governance and human rights in the country.