state of civil and political rights: Partly free
constitution: passed by referendum 17 November 2010; promulgated 11 December 2010
legal system: based on French civil law system and traditional Malagasy law
legislative system: bicameral legislature consists of a National Assembly and a Senate
judicial system: Supreme Court and High Constitutional Court
religion: indigenous beliefs 52%, Christian 41%, Muslim 7%
year of last executions: 0-0-1958
death sentences: 0
international treaties on human rights and the death penalty:
International Covenant on Civil and Political Rights
1st Optional Protocol to the Covenant
Second Optional Protocol to the International Covenant on Civil and Political Rights (aiming to the abolition of the death penalty)
Convention on the Rights of the Child
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Statute of the International Criminal Court (which excludes the death penalty) (only signed)
Several offences are capital crimes under the Penal Code. However, no executions had been carried out in Madagascar since independence in 1960, as the death penalty was substituted with other forms of punishments. The last executions were carried out under French colonial rule in 1958.
Andry Rajoelina became President of Madagascar in March 2009, after the twice-elected President, Marc Ravalomanana, transferred his power to a military council and fled into exile. On 21 March 2009, Andry Rajoelina was officially declared the President of the High Transitional Authority of Madagascar. However, for the international community, Rajoelina’s legitimacy was conditional to free and fair elections to be organized shortly.
On 24 September 2012, on the sidelines of the ongoing 67th UN General Assembly in New York, Madagascar President Andry Rajoelina signed the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), concerning the abolition of the death penalty. Government officials, including Justice Minister Christine Razanamahasoa and Foreign Affairs Minister Pierrot Jocelyn Rajaonarivelo, witnessed the signing ceremony.
On 19 December 2016, Madagascar, as in previous years, voted in favour, but did not co-sposored as previously, of the Resolution on a Moratorium on the use of death penalty at the UN General Assembly.