PDF generated: 26 Aug 2021, 16:38 constituteproject.org Madagascar's Constitution of 2010 English Translation © 2012 by William S. Hein & Co., Inc. All rights reserved. Translated by Maria del Carmen Gress Prepared for distribution on constituteproject.org with content generously provided by Hein Online. This document has been recompiled and reformatted using texts collected in Hein Online’s World Constitution’s Illustrated. constituteproject.org PDF generated: 26 Aug 2021, 16:38 Table of contents Preamble . 3 TITLE I: OF THE FUNDAMENTAL PRINCIPLES . 4 TITLE II: OF THE FREEDOMS, THE RIGHTS AND THE DUTIES OF THE CITIZENS . 5 SUB-TITLE I: OF THE CIVIL AND POLITICAL RIGHTS AND DUTIES . 5 SUB-TITLE II: OF THE ECONOMICAL, SOCIAL AND CULTURAL RIGHTS AND DUTIES . 7 TITLE III: OF THE ORGANIZATION OF THE STATE . 10 SUB-TITLE I: OF THE EXECUTIVE . 11 CHAPTER I: Of the President of the Republic . 11 CHAPTER II: Of the Government . 16 SUB-TITLE II: OF THE LEGISLATIVE MATTERS . 18 CHAPTER I: Of the National Assembly . 18 CHAPTER II: Of the Senate . 20 CHAPTER III: Of the Relations Between the Government and the Parliament . 21 SUB-TITLE III: OF THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL . 29 SUB-TITLE IV: OF THE JURISDICTIONAL MATTERS . 29 CHAPTER I: Of the Fundamental Principles . 29 CHAPTER II: Of the High Constitutional Court . 31 CHAPTER III: Of the Supreme Court . 33 CHAPTER IV: Of the High Court of Justice . 35 TITLE IV: OF THE INTERNATIONAL TREATIES AND AGREEMENTS . 37 TITLE V: OF THE TERRITORIAL ORGANIZATION OF THE STATE . 37 SUB-TITLE I: OF THE GENERAL PROVISIONS . 37 SUB-TITLE II: OF THE STRUCTURES . 39 CHAPTER I: Of the Communes . 39 CHAPTER II: Of the Regions . 40 CHAPTER III: Of the Provinces . 41 TITLE VI: OF THE REVISION OF THE CONSTITUTION . 42 TITLE VII: TRANSITIONAL AND DIVERSE PROVISIONS . 42 Madagascar 2010 Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:38 • Source of constitutional authority • Motives for writing constitution Preamble • Preamble The sovereign Malagasy People, Affirming its belief in Andriamanitra Andriananahary, Resolute to promote and to develop its heritage of society living in harmony and respectful of otherness, of the wealth and of the dynamism of its cultural and spiritual values through the « fanahy maha-olona », Convinced of the necessity of the Malagasy society to recover its originality, its authenticity and its Malagasy character, and to inscribe itself in the modernity of the millennium while conserving its traditional fundamental principles and values based on the Malagasy fanahy that includes « ny fitiavana, ny fihavanana, ny fifanajàna, ny fitandroana ny aina », and privileging a framework of life allowing a « living together » without distinction of region, of origin, of ethnicity, of religion, of political opinion, or of gender, Conscious that it is indispensable to implement a process of national reconciliation, Convinced that the Fokonolona, organized in Fokontany, constitutes a framework of life, of emancipation, of exchange and of participative dialog of the citizen, • Protection of environment Persuaded of the exceptional importance of the wealth of the fauna, of the flora and of the mining resources of high specificities with which nature has provided Madagascar, and that it is important to preserve it for the future generations, Declaring that the non-respect for the Constitution or its revision with a view to reinforce the power of those governing to the detriment of the interests of the population are the causes of the cyclical crises, • International human rights treaties Considering the geopolitical situation of Madagascar and its voluntarist participation in the dialog of nations, and making its own, notably: • The International Charter of the Rights of Man; • Rights of children • Protection of environment • The Conventions relative to the rights of the child, to the rights of women, to the protection of the environment, to the social, economical, political, civil and cultural rights, • Right to development of personality Considering that the development of the personality and of the identity of all Malagasies is the essential factor of the durable and full development of which the conditions are, notably: • Reference to fraternity/solidarity • the preservation of peace, the practice of solidarity and the duty of preserving the national unity in the implementation of a policy of balanced and harmonious development; • the respect for and protection of the fundamental freedoms and rights; • The establishment of a State of law by virtue of which those governing and those governed are submitted to the same juridical norms, under the control of an independent Justice; • the elimination of all forms of injustice, of corruption, of inequality and of discrimination; • the rational and equitable administration of the natural resources for the needs of the development of the human being; • the good governance in the conduct of public affairs, thanks to transparency in the administration and the accountability of the depositaries of the public power; • the separation and the equilibrium of power exercised through democratic procedures; • the implementation of effective decentralization, through the granting of the largest autonomy to the decentralized collectivities both at the level of Madagascar 2010 Page 3 constituteproject.org PDF generated: 26 Aug 2021, 16:38 the competences and level of financial means; • the preservation of human security. Declare: TITLE I: OF THE FUNDAMENTAL PRINCIPLES Article 1 • Official religion • Separation of church and state The Malagasy People constitute a nation organized as a sovereign, unitary, • Type of government envisioned republican and secular State. This State bears the name of « Republic of Madagascar » Democracy and the principle of the State of law constitute the foundation of the Republic. Its sovereignty is exercised within the limits of its territory. No one may infringe the territorial integrity of the Republic. The national territory is inalienable. The law determines the modalities and the conditions relative to the sale and to the perpetual lease of terrain to the profit of foreigners. • Official religion Article 2 • Separation of church and state The State affirms its neutrality concerning the different religions. The secularism of the Republic is based on the principle of the separation of the affairs of the State and of the religious institutions and of their representatives. The State and the religious institutions prohibit themselves from any infringement of their respective domains. • Constitutional court powers No Head of Institution nor any member of the Government may be part of the directing authority of a religious Institution, under penalty of being relieved by the High Constitutional Court or being removed, of office, from their mandate or their function. • Municipal government Article 3 • Subsidiary unit government The Republic of Madagascar is a State based on a system of Decentralized Territorial Collectivities composed of Communes, of Regions, and of Provinces of which the competences and the principles of administrative and financial autonomy are guaranteed by the Constitution and defined by the Law. Article 4 • National motto The Republic of Madagascar has as its motto: « Fitiavana – Tanindrazana – Fandrosoana ». • National flag Its national emblem is the tricolor flag of white, red, and green, composed of three rectangular bands of equal dimensions, the first vertical of white color on the side of the pole, the other two horizontal, the superior red and the inferior green. • Official or national languages The national language is Malagasy. Madagascar 2010 Page 4 constituteproject.org PDF generated: 26 Aug 2021, 16:38 • National anthem The national anthem is « Ry Tanindrazanay malala ô ! » • National capital The Capital of the Republic of Madagascar is Antananarivo. • Official or national languages The seals of the State and the coat-of-arms of the Republic are specified by the law. The official languages are Malagasy and French. Article 5 • Claim of universal suffrage Sovereignty belongs to the People, source of all power, who exercise it by their representatives elected by universal direct or indirect suffrage, or by way of referendum. No faction of the People, and no individual may arrogate the exercise of the sovereignty. The organization and the administration of all the electoral operations arise within the competence of an independent national structure. The law organizes the modalities of functioning of that structure. • Restrictions on voting All nationals of the two sexes enjoying the exercise of their civil and political rights are electors within the conditions determined by the law. The quality of being elector is lost only by a decision of justice becoming definitive. • General guarantee of equality Article 6 The law is the expression of the general will. It is the same for all, whether it protects, it obligates or it punishes. • Equality regardless of gender • Equality regardless of creed or belief All individuals are equal before the law and enjoy the same fundamental freedoms • Equality regardless of financial status protected by the law without discrimination founded on gender, the level of • Equality regardless of origin • Equality regardless of religion instruction, wealth, origin, religious belief or opinion. The law favors the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economical and social