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Madagascar GOVERNMENT AND POLITICS
Constitution and Institutions of Governance
The Third Republic received its first expression of
popular
support and legitimacy on August 19, 1992, when the
constitutional framework constructed by the National
Conference
was approved by more than 75 percent of those voting in a
popular
referendum (the constitution took effect on September 12).
On
this date, the people overwhelmingly approved a new
constitution
consisting of 149 articles that provided for the
separation of
powers among the executive, legislative, and judicial
branches of
government; the creation of a multiparty political system;
and
the protection of individual human rights and freedom of
speech.
The power of the executive branch is divided between a
president who is elected by universal suffrage and a prime
minister from the parliament who is nominated by his/her
peers
but who must be approved by the president. If the nominee
for
prime minister does not achieve an absolute majority of
support
within the parliament, the president may choose a
candidate from
the parliament who will serve for one year. As captured in
the
Malagasy concept ray aman-dreny (father and mother
of the
nation), enshrined in Article 44 of the constitution, the
president serves as the symbol of national unity. The
president
also is the recognized leader of foreign policy and
constitutes
by far the single most powerful political person within
the
country. All presidential decrees must be countersigned,
however,
and the president is bound by the constitutional reality
that the
prime minister is responsible for the functioning of the
government.
The president is elected for a five-year period and is
limited to two terms in office. In the event that no
candidate
wins a simple majority of the popular vote, a run-off
election is
held between the two leading candidates within a period of
two
months. The most important unwritten law regarding the
executive
branch revolves around the côtier/central highlands
distinction. If a côtier is elected president, it
is
understood that a Merina will fill the position of prime
minister, and vice versa. In the case of the first
national
elections held under the Third Republic, for example, the
elected
president--Zafy--who is a côtier, chose a prime
minister--
Francisque Ravony--from the ranks of the Merina (although
several
of the Merina elite were not entirely happy with the
choice
because Ravony is only half Merina).
The constitution provides for a bicameral parliament
composed
of a Senate and a National Assembly (Assembleé Nationale).
The
Senate represents territorial groups and serves as the
consultative chamber on social and economic issues.
Two-thirds of
its members are chosen by an Electoral College and the
remaining
one-third are chosen by the president. Envisioned
elections for
1994 had not been held as of June 1994. The National
Assembly
consists of 138 deputies elected by universal suffrage
using a
proportional representation list-system. Both senators and
deputies serve for four years. The June 16, 1993 elections
resulted in about half the deputies elected being members
of the
Forces Vives. The remainder belonged to six parties of
which the
largest had fifteen deputies and the smallest nine
deputies. The
parliament as a whole operates with a variety of classic
parliamentary measures, such as a vote of no confidence,
that
enable it to serve as a check on the power of the
executive.
A new system of local governance under the constitution
is
known as the Decentralized Territorial Authorities
(Collectivités
Territoriales Décentralisées). According to the
decentralization
law adopted by the National Assembly in March 1994,
twenty-eight
regions (faritra), more than 100 departments
(fileovana), and a little less than 1,000 communes
(faribohitra) have been created. Certain urban
communes,
such as the cities of Antananarivo, Nosy-Be, and Sainte
Marie
will function as departments. Envisioned as regional
vehicles for
popular input in which members are elected by universal
suffrage,
these authorities have yet to be implemented; their exact
role in
the policy-making process remains ill-defined, but it is
contemplated that the national government will handle such
areas
as foreign affairs, defense, public security, justice,
currency,
and broad economic planning and policy, leaving economic
implementation to the decentralized bodies. However, the
Zafy
regime is confident that, once functioning, these regional
boards
will take the political initiative away from the so-called
federalist opposition, which has been seeking to shift
power away
from the central government to the regions.
A strong, independent judiciary is also enshrined in
the 1992
constitution. An eleven-member Supreme Court serves as the
highest arbiter of the laws of the land. Other judicial
bodies
include the Administrative and Financial Constitutional
Court,
the Appeals Courts, tribunals, and the High Court of
Justice. The
creation of this complex system indicates the desire of
the
constitutional framers for a society built upon the rule
of law.
Indeed, the constitution explicitly outlines the
fundamental
rights of individual citizens and groups (most notably
freedom of
speech) and guarantees the existence of an independent
press free
from government control or censorship.
The creation of a truly free and fair multiparty system
is
the centerpiece of the new constitutional order. In sharp
contrast to the Ratsiraka era, when political parties
could only
exist under the ideological umbrella of the FNDR,
democratization
of the political system has led to the proliferation of
political
parties of all ideological stripes. In the first
legislative
elections held under the Third Republic in 1993, for
example,
more than 120 political parties fielded at least 4,000
candidates
for a total of 138 legislative seats. Despite
constitutional
guarantees concerning the rights of citizens to form
political
parties without fear of government retribution, parties
that call
for ethnic or religious segregation or demonstrably
endanger
national unity are subject to being banned.
The electoral system is designed to promote and
facilitate
widespread popular participation. In fact, it is argued
that the
proportional representation list-system (including the
rule of
the largest remainder) for electing deputies actually
encourages
large numbers of candidates to take part. All resident
citizens
eighteen years of age or older can vote in elections, but
candidates must be at least twenty-one years of age to
participate. Electoral registers are usually revised
during a
two-month period beginning in December, and the country is
divided into sixty-eight constituencies for electoral
purposes.
Although there was a four-month gap between the end of the
first
presidential elections and the first legislative elections
held
under the Third Republic in 1993, legislative elections
are
supposed to be held no less than two months after the end
of
presidential elections. The next presidential elections
are
scheduled for 1998.
Data as of August 1994
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