Madagascar is a fairly sizeable island nation located in the Indian Ocean off the coast of East Africa and it is quite well known for its unique wildlife, some of which is found nowhere else on Earth. Madagascar is directly across from Mozambique, separated by the aptly named Mozambique Channel, other nearby island nations include Comoros, Seychelles, and Mauritius, which can be paradises in their own right. Madagascar’s capital city, Antananarivo, is located in the central highlands of the island nation.
Mayotte and Reunion are also close by, both territorial islands of France, being remnants of their colonial empire, of course we know that Mayotte is strongly claimed by Comoros, but the island prefers to remain under French rule. Madagascar itself has a history within the French colonial Empire as we shall find out.
The earliest settlers to Madagascar were Austronesian peoples who arrived from modern-day Indonesia’s Southern Kalimantan province using outrigger canoes, estimated between 350-550 CE, although the exact date period is still debated. They used slash and burn agriculture to remove coastal rainforests to make room for land to cultivate on. These brave first settlers would have encountered a number of now extinct megafauna during this early period, such as giant lemurs (not the cute funny ones from the Madagascar movies), elephant birds, and the Malagasy hippo, among others. Hunting and habitat destruction led to the extinction of these animals.
The forests of the central highlands begun being cleared by the settlers around 600 CE. Bantu-speaking migrants arrived from southeastern Africa around 1,000 CE, and traders from the Arabic world and South Tamil Indian merchants made contact, in the 7th, 9th, and 11th Centuries respectively, with the Tamil merchants introducing Zebu to the inhabitants. The peoples formed a number of Kingdoms on the island of Madagascar. The appearance of rice paddies, the need for more cultivation land, and pasture for Zebu transformed much of the central highlands from rainforest to grassland by the 17th Century.
The Merina peoples, who are thought to have arrived in the central highland around 600-1,000 years ago spoke of an existing population there known as the Vazimba, who were more primitive and thought to have descended from an earlier wave of Austronesian peoples, the Vazimba were either assimilated or expelled from the highlands by the Merina monarchs in the 16th and early 17th Centuries. Now a days the spirits of the Vazimba are seen as the ancestral masters of the land by many traditional communities.
Madagascar became an important transoceanic trading hub in the Indian Ocean region during the early centuries after settlement. Written history was introduced by the Arabs who established trading posts on the northwest coast of the island by around the 10th Century at least, introducing Islam, Arabic astrology and other cultural elements, as well as the Arabic script used to transcribe the Malagasy language into a form of writing called Sorabe.
Europeans made first contact in 1500, with the Portuguese sighting the island during the 2nd Armada of the Portuguese India Armadas, Matatana became the first Portuguese settlement there, and further colonization and conversion efforts were ordered by the Portuguese King Joao III as well as by the Viceroy of Portuguese India. One such of these missions it is said emissaries reached inland via rivers and bays, exchanged goods and apparently converted one of the Kings in Madagascar.
The French arrived and first established trade posts in along the islands east coast in the late 17th Century, and by this time Madagascar had gained much prominence from European traders and also pirates, especially those a part of the trans-Atlantic slave trade. European shipwrecks on the island were also not uncommon.
The maritime trade brought wealth to Madagascar and enabled organised Kingdoms to form, a number of which had grown fairly powerful by the 17th Century, with two major ones being the Betsimisaraka alliance along the east coast and the Sakalava chiefdoms of Menabe and Boina along the west coast, the Kingdom of Imerina also emerged in the central highlands.
The Kingdom of Imerina would become the most dominant and take over most of the island of Madagascar forming the Kingdom of Madagascar. It had initially begun as a rather minor power compared to the larger coastal Kingdoms, and also became weaker in the 18th Century when the Kingdom was split between the four sons of King Andriamasinavalona. After a century of warring and famine, the Kingdom was reunited in 1793 by King Andrianampoinimerina who rapidly expanded his rule over neighboring principalities, with an ambition to bring the entire island under his control, which would largely be achieved by his son King Radama I.
The British recognised Radama as King of Madagascar and the British imperial Governor of Mauritius signed a treaty with him in 1817 to abolish the lucrative slave trade in return for British military and financial assistance. The office Chief Minister was established in 1828 which would become the office of Prime Minister, although the Monarch retained absolute power. This period saw British figures arriving to the island who established schools, transcribed the Malagasy language using the Roman alphabet, translated the Bible, and also introduced new technologies to the island. Nonetheless worry grew over increasing political and cultural influence in the region by the British and French.
The worry led to Radama’s successor, Queen Ranavalona I, to prohibit the practice of Christianity on the island and pressured most foreigners to leave the territory. The Queen also made heavy use of the traditional practice of fanompoana to force labour as tax payment to complete public works projects and develop a standing army of 20-30k, this army was used to further expand the Kingdom into most of Madagascar. A period known as the Tangena Ordeal also came about, where poisonous seeds from the trees were used to determine someone’s guilt, such as for the illegal practice of Christianity or witchcraft, or even theft, some estimates say as many as 100k were killed from this, roughly 20% of the population, until it was outlawed by King Radama II.
On top of regular warfare, disease, forced labour, and methods of harsh justice, a high mortality rate became common place on the island under Queen Ranavalona I’s 33-year reign.
When Radama II succeeded the Queen, he made concessions to the French and also approved the Lambert Charter which conceded significant tracts of ancestral land to Lambert, who was a French adventurer, businessman and diplomat residing in the court, the King also attempted to relax many of the former Queen’s harsh policies but within two years he was overthrown by the Prime Minister Rainivoninahitriniony with the support of Andriana and Hova courtiers in 1863, they wanted to end the absolute power of the monarchy.
After the coup, the Prime Minister offered Radama II’s Queen, Rasoherina, a deal to rule, only as long as she accepted a power sharing agreement with the Prime Minister, sealed by political marriage between them, which the Queen accepted. The Queen later deposed Prime Minister Rainivoninahitriniony, and married his brother Rainilaiarivony who became Prime Minister, he would go on to marry her successors, Queen Ranavalona II and then Queen Ranavalona III. During Rainilaiarivony’s 31-years as Prime Minister, he adopted policies that modernized and consolidated the power of the central government, more schools were also constructed and attendance to them made mandatory.
He also improved the organisation of the army and used British consultants to help make the army more professional and better trained; he outlawed Polygamy and made Christianity the official religion of the court, and legal codes were reformed on the basis of British common law, with three European-style courts established. He also successfully defended against several attempted colonial incursions by the French.
The French invaded Madagascar in 1883 on the primary basis of the Lambert Charter not being respected starting the Franco-Hova War, which led to the ceding of land and the British accepting Madagascar as a French Protectorate in 1890. To exercise its control of the island, France brought over workers, ambassadors, and soldiers to their trading posts. But the ethnic peoples of Madagascar and its government were not in the mood to submit to foreign rulers and chose to resist, leading to a second invasion and continuation of the war.
Queen Ranavalona III was forced to surrender, with France annexing Madagascar and declaring it a French colony, and dissolved the Merina monarchy forcing the royal family into exile. A further resistance movement to the French was put down in 1897.
French colonial rule saw the establishment of plantations to produce export crops, slavery was abolished with the freeing of as many as 500k slaves, although many chose to remain with their masters as servants or sharecroppers. Infrastructure was also improved and even more schools were built, including in rural and coastal areas. Education focused on the teaching of the French language and practical skill.
Although slavery was abolished the old Merina royal tradition was still used by the French to pay taxes in the form of forced labour, used to construct railways and roads. During World War I Malagasy troops fought for the Allied powers as a part of the French colonial Empire. And during the rise of the Nazis and World War II, Nazi thinkers came up with the Madagascar Plan, a plan to deport Jews to the island. Also, during the Second World War when France was occupied and the puppet state of Vichy France was created, its forces fought against the Allies in the Battle of Madagascar, which was won by the Allies who established administration by Free France, which was France’s government-in-exile.
The occupation of France during WW2 damaged the islands colonial administration and caused the growing independence movement to galvanize, causing the Malagasy Uprising in 1947. This caused the French to establish reforms via the Overseas Reform Act in 1956, and enabled Madagascar to more peacefully move towards independence. The Malagasy Republic was established in 1958, as an autonomous state a part of the French Community. A provisional government existed until a constitution was adopted in 1959 and full independence was achieved in 1960.
Onwards from Independence the nation would go through four Republics, the first being the Malagasy Republic lead by the French-appointed President Philibert Tsiranana, where strong economic and political ties were kept with France, curricula were also kept overly French, and this led to growing resentment and protests by farmers and students of such neo-colonial ways which eventually ended the administration in 1972.
Major-General Gabriel Ramanantsoa was appointed as interim President but he stepped down in 1975 due to low approval rating, he was replaced by Colonel Richard Ratsimandrava, who was assassinated only six days into his stint. Two more military appointees ruled with Vice Admiral Didier Ratsiraka bringing about a Socialist-Marxist Second Republic called the Democratic Republic of Madagascar in 1975. It closely aligned with the Eastern Bloc and shifted towards economic insularity, but such policies, alongside the effects of the 1973 oil crisis, caused a rapid collapse of the nation’s economy and living standards sharply declined, with the country becoming entirely bankrupt in 1979.
By accepting conditions of transparency, anti-corruption, and the introduction of free market policies, the Ratsiraka administration received a bailout from the IMF, World Bank, and other donors. Despite this, Ratsiraka’s popularity continued to plummet during the late 1980s, and in 1991 hit a boiling point when presidential guards opened fire on unarmed protesters, leading to his administration’s collapse and the establishment of a transitional government under Albert Zafy who went on to win the 1992 presidential elections and create a Third Republic called the Republic of Madagascar.
A new constitution established multi-party democracy and a separation of powers that gifted the National Assembly much more power to check the central government. Human rights, social, and political freedoms were also introduced and improved, as well as greater free trade. Nonetheless economic issues remained a problem, and allegations of corruption also came against Zafy, especially when he introduced legislation to give himself more power. This led to his impeachment in 1996 and the appointment of an interim President for three months until presidential elections reelected Ratsiraka who promised decentralization and economic reform.
Ratsiraka failed to be reelected in the 2001 election, causing a standoff between his supporters and Ravalomanana’s supporters that lasted seven months. Ravalomanana improved the economy but was also later accused of increasing authoritarianism and corruption by international observers. A political crisis developed in 2009 when the opposition leader Andry Rajoelina led a movement against Ravalomanana that forced him out of power, which was widely seen as unconstitutional and an effective coup.
Nonetheless the country’s Supreme Court declared Rajoelina as President of the High Transitional Authority and a new constitution was adopted in 2010, creating a Fourth Republic which remains in place today, and which has retained multiparty democracy. Rajoelina later became President again in 2019 and remains President today.
Madagascar is made up of a range of ethnic groups, the largest being the Merina, followed by the Betsimisaraka, and Betsileo as the three largest ethnic groups. Protestant Christianity is the largest religion, with Catholicism not too far behind. The official languages are Malagasy and French, and the official currency is the Ariary.
Government Type
Madagascar is a semi-presidential representative democratic republic where it has a President who is Head of State and a Prime Minister who is Head of Government. There is also a bicameral legislature including the National Assembly as the lower house and the Senate as the upper house. Multiple parties are allowed to be created and take part in elections.
Associations and political parties determined to be jeopardizing the unity of the nation and the republican principles, and that advocate totalitarianism or segregation of ethnic, tribal or religious character, are constitutionally prohibited.
The constitution guarantees democratic opposition and that there be an overall Head of the Opposition chosen after each legislative election appointed by agreement of the opposition parties and groupings. In default of an agreement, the head shall be of the political group of the opposition having obtained the greatest number of the suffrage expressed.
Its government type is typical of many young democratic countries that exist today, especially those of Africa or those that are formerly French colonies. For Madagascar its system is one of decentralized territorial collectivities made up of communes, regions, and provinces which are constitutionally guaranteed the competences and principles of administrative and financial autonomy, which is defined by law.
By the constitution any citizen has the right to be a candidate to elections, under reserve of the conditions established by law.
The court of the State is the High Constitutional Court. There is also a Supreme Court, Courts of Appeal, and a High Court of Justice.
The Executive Government
The central Government and President of the Republic (who is Head of State) exercises the executive function. The President must guarantee regular and continuous functioning of the public powers, of national independence and territorial integrity. The President must see to the safeguard and respect of national sovereignty within the interior and exterior. The President must guarantee national unity.
The President meets their obligations through the framework of powers conferred to them by the country’s constitution.
The office of President cannot be exercised alongside any other elective public function, any other professional activity, any activity within a political party, a political group, or an association, or the exercise of responsibility within a religious institution. This also applies to the Prime Minister and all members of Government.
Presidential Absence/Vacancy
If the President resigns, abandons power, dies, permanently incapacitated, or declared forfeiture, such a vacancy is confirmed by the High Constitutional Court and made official. After this the powers of the presidency are held by the President of the Senate.
If the President of the Senate is not available to perform this duty for whatever reason, then the powers are held by the Government.
A new presidential election must be held within 30-60 days
Presidential Powers and Duties
The President appoints the Prime Minister following legislative elections, the individual for Prime Minister is presented by the majority party or group of parties of the National Assembly (lower chamber).
The President terminates the Prime Minister, either by presentation to the President of the Government’s resignation, or in the case of grave fault or manifest failure.
The President presides over the Council of Ministers, and signs the ordinances that are taken within it, in cases and conditions specified by the constitution. The President also signs the decrees deliberated in the Council of Ministers.
Within the Council of Ministers, the President proceeds to the appointments to the high offices of state, of which the list is established by decree taken in the Council of Ministers.
On any important issue of national character, the President may decide in the Council of Ministers, on direct recourse to the expression of the will of the people by way of referendum.
The President determines and orders the general policy of the State in the Council of Ministers. The President controls implementation of the general policy so defined and the action of the Government.
The President has at their disposal the organs of control of the administration.
The President may delegate certain of their powers to the Prime Minister.
The President is the Supreme Head of the Armed Forces, of which the President guarantees unity. In this role he is assisted by the High Council of the National Defense. This council is under the authority of the President, and has a mission to coordinate actions entrusted to the Armed Forces to preserve the social peace. The organisation of this council and its attributions are established by law.
In the role, the President decides in the Council of Ministers on the engagement of the forces and of the military means for external intervention, after opinion of the High Council of National Defense and of the Parliament.
The President also in this role, orders in the Council of Ministers the provision for national defense under all its military, economic, social, cultural, territorial, and environmental aspects.
The President also appoints the military officers called to represent the State before international organs.
The President appoints and recalls ambassadors and envoys before other States and international organisations. The President receives letter of credentials and of recall of the representatives of the States and international organisations recognised by Madagascar.
The President exercises the right of pardon.
The President also promulgates laws passed by Parliament within three weeks, but before this expiration the President can demand a new deliberation of the passed law or some of its articles from the Parliament, which cannot be refused.
The President, after briefing with the Prime Minister, and consulting with the Presidents of the Assemblies, dissolve the National Assembly, with fresh elections held within 60-90 days. In the two years following this election, the National Assembly cannot be dissolved in this way again.
The President negotiates and ratifies treaties. Before ratification they must be approved by the High Constitutional Court. Treaties of alliance, commerce, those relative to international organisation, those that engage the finances of the State including foreign loans, those that modify provisions of a legislative nature, those relative to the status of persons, treaties of peace, and those that include modification of the territory, must also be authorized by law.
Another important job of the President is to guarantee the independence of justice, in which the President is assisted by a Superior Council of the Magistrature, of which he is also President of, and the Minister of Justice is Vice-President of. Members of the Government, the Parliament, the High Council of the Defense of the Democracy and the State of Law, the Heads of Court, as well as the associations legally constituted, may refer matters to this council.
There is a General Inspection of Justice, composed of representatives of Parliament, of Government, of the High Council for the Defense of Democracy and the State of Law, and of the Magistrature, who are in charge of controlling the respect for the ethical rules particular to the Magistrates, as well as actions of the personnel of Justice. This organ is attached to the Presidency of the Republic. The President, the Heads of Court, the Government, the Parliament, the legally constituted associations, and any person justifying an interest can refer matters to the General Inspection of Justice.
There is also a National Council of Justice, a consultative organ composed of the First President of the Supreme Court, President of the Procurator-General of the Supreme Court, the Heads of Court, representatives of the executive power, of the legislative power, of the High Constitutional Court, of the Superior Council of the Magistrature, of the High Council of the Defense of Democracy and the State of Law, and of the auxiliaries of justice in general. It may propose to the Government measures of legislative or regulatory order relative to the organisation and to the functioning of the jurisdictions, to the status of the Magistrates and the status of the auxiliries of justice.
The High Constitutional Court is composed of nine members, serving 7-years non-renewable terms. Three appointed by the President, two elected by the National Assembly, two by the Senate, and two by the Supreme Council of the Magistrature. Its President is elected among its own members.
There is a Supreme Court, made up of the Court of Cassation, the Council of the State, and the Court of Accounts. The First President and the Procurator-General are heads of this high jurisdiction, appointed by decree taken in the Council of Ministers in accordance with proposals by the Superior Council of the Magistrature, preferably from among the oldest within the highest degree of the Magistrates respectively of the judicial, administrative, and financial orders.
There are also three Vice-Presidents of the Supreme Court, assigned respectively to the presidency of the Court of Cassation, the Council of the State, and the Court of Accounts. They are appointed in the Council of Ministers by decree of the President of the Republic also in accordance with proposals by the Superior Council of the Magistrature along the same procedure lines.
There is a High Court of Justice specialised to try and prosecute high-up officials such as the President of the Republic, Presidents of the Parliamentary Assemblies, the Prime Minister, other members of Government, and the President of the High Constitutional Court, for crimes committed related to their tenure of office, but no other crimes outside of that which are instead dealt with by other courts.
The High Court of Justice is composed of eleven members, the First President of the Supreme Court (who can be substituted by the President of the Court of Cassation), two Presidents of the Chamber of the Court of Cassation (who also have two substitutes proposed by the General Assembly of that Court), the two First Presidents of the Court of Appeal (who have two substitutes proposed by the First President of the Supreme Court), two titular Deputies (who also have two substitutes) elected by the National Assembly at the beginning of the legislature, two titular Senators (who also have two substitutes) elected by the Senate at the beginning of the legislature, and two titular members (who also have two substitutes) from the High Council for the Defense of Democracy and the State of Law.
IMPORTANT – Most acts of the President must be counter-signed by the Prime Minister or Minister concerned, to have any affect. This does not include appointment or termination of the Prime Minister, the right of Pardon, promulgations of laws or legislative vetoes, dissolving of the National Assembly, Senators appointed by the President, communication with Parliament by messages, appointments to the High Constitutional Court, submitting of laws by the President to the High Constitutional Court for their conformity with the constitution, or consultation with the High Constitutional Court, all of which the President can perform without needing a counter-signature.
Emergency Provisions
Under extraordinary circumstances stated by the constitution the President may proclaim in all or of the national territory, the situation of exception, to wit the state of urgency, the state of necessity, or martial law. The decision is made by the President in the Council of Ministers, after the opinions of the Presidents of the Assemblies and of the High Constitutional Court.
The proclamation of the situation of exception confers special powers on the President of which the extent and duration are determined by an organic law. The President can also legislate by way of ordinance on matters that arise within the domain of law.
Presidential Removal/Suspension
The President may be temporarily suspended from exercising the powers of their office. This can be called for by the National Assembly voting by a two-thirds majority either for reason of physical or mental incapacity.
The High Constitutional Court will then make a decision on how long a temporary suspension of the President will last; such cannot last longer than three months. Afterwards the High Constitutional Court refers back to the whole Parliament, where each chamber votes separately on whether the President should be suspended permanently from office, this requires a two-thirds majority in each chamber.
While the President is temporarily suspended from office, the powers of the presidency are held by the President of the Senate.
Prime Minister and Government
The Prime Minister is the Head of Government, appointed by the President following legislative elections, having been presented by the largest party or coalition. The Government is also made up of other Ministers that perform specific roles in Government by heading departments. The Government, through the Council of Ministers which is the highest executive decision-making body, implements the general policy of the State.
The Prime Minister and Government and responsible to the National Assembly and must maintain confidence with them to remain in power.
It is the job of the Prime Minister to conduct the general policy of the State. The Prime Minister has authority over members of the Government and directs their action, the Prime Minister is responsible for the coordination of activities of the ministerial departments and for the implementation of any national program of development.
The Prime Minister orders bills of laws to be submitted to the deliberation of the Council of Ministers and to be presented to the Bureau of one of the two legislative Assemblies. The Prime Minister assures the execution of laws and sees the executions of the decisions of justice.
The Prime Minister must refer matters, as needed, to the General Inspection of the State and the other organs of control of the Administration and assure the good functioning of public services, of the good administration of the finances of the public collectivities and of the public organs of the State.
The Prime Minister assures the security, peace, and stability on all the extent of national territory within respect for the national unity. For this job the Prime Minister has at their disposal all the forces in charge of the police, of the maintenance of order, of interior security and of defense.
The Prime Minister must assure the harmonious and balanced development of all the decentralized territorial collectivities.
The Prime Minister can delegate certain of their powers to members of Government. Under exceptional circumstances, without prejudice to provisions of Article 55 in the constitution, with consent from the President of the Republic and on a determined agenda, preside over the Council of Ministers.
There is a Council of the Government that the Prime Minister presides over. In this council the Prime Minister establishes the program for the implementation of general policy of the State and orders the measures to be taken in execution of it; the Prime Minister exercises the other attributions for which the consultation of the Government is obligatory by virtue of the Constitution and of particular laws; and the Prime Minister decides on measures of implementation of the national programs of economic and social development, in collaboration with the decentralized territorial collectivities.
Acts of the Prime Minister, as need be, are counter-signed by Ministers in charge of their execution for them to have effect.
The Legislative Government
The Parliament is made up of the National Assembly (the lower House and the one that determines the makeup of Government and Prime Minister via the largest party/coalition) and the Senate (the upper House). The job of the parliament is to have legislation introduced, have it debated, possibly amended and either passed or rejected. It also provides Government oversight and holds the Prime Minister and other Government members to account.
In this regard Parliament can gain information via oral question, written question, interpellation, and also has the power of a commission of inquiry. At least one session per fortnight is reserved for the questions of the Parliament and to the responses of Government.
Three days of sittings per month are also reserved for an agenda ordered by each Assembly on the initiative of the groups of the opposition of the interested Assembly as well as on that of the minority groups.
Initiative of laws belongs concurrently to the Prime Minister, and the members of the National Assembly and Senate. Bills of law are deliberated in the Council of Ministers and is then presented to one of the Bureau’s, either of the National Assembly or Senate, by the Prime Minister.
Bills must pass both the National Assembly and Senate in-order to be presented to the President to be promulgated into law. If there is disagreement between both Houses that cannot be resolved, or a bill or proposal could not be adopted after two readings in each Assembly, or if the Government has declared urgency this will be instead after a sole reading in each Assembly, the Prime Minister will have the power to create a joint-commission to try and come to a compromise on the bill in question.
When the joint-commission decides on a text of the bill they think will be acceptable, it may then be submitted to the Government to be put up for approval in the two Assemblies. If the joint-commission is unable to agree on the text of a bill, or if they do but it still does not pass Parliament, then the National Assembly gets the final say on said bill via making a definitive decision with an absolute majority of members.
Law bills and amendments presented by members of Parliament themselves must first be brought to the cognizance of the Government, who will have 30-days for bills or 15-days for amendments to formulate its observations, after this the bills will then be presented to their respective chamber for potential adoption.
Proposals and amendments are not receivable if their adoption would have a consequence on the framework of the current budgetary year, either on diminution of public resources or aggravations of the charges of the State, except if it is the matter of the law of finance.
If, in the course of legislative procedure, a proposal or amendment is not of the domain of law, the Government may oppose its receivability. If there is disagreement on this between the Government and either chamber of Parliament, either the Prime Minister or one of the Presidents of the Assemblies, can demand the High Constitutional Court to make a decision within 8-days on whether the proposal or amendment is receivable within the domain of law.
A number of areas are reserved to Organic Law, which includes rules relative to the election of the President of the Republic; the modalities of the ballot relative to the election of the Deputies and Senators, the conditions of eligibility, the regime of incompatibility and forfeiture, the rules of replacement in case of vacancy, the organisation and functioning of the National Assembly and Senate; the rules governing the competences and modalities of the functioning and organisation of decentralized territorial collectivities and administration of their own affairs; the same for the Supreme Court and three Courts that compose it, relative to their appointment and procedure.
Organic law also includes the status of Magistrates; organisation, functioning, and attributes of the Superiour Council of the Magistrate; also, of the High Court of Justice as well as its referral and procedure; and the same for the High Constitutional Court; the Electoral Code; general provisions relative to the laws of finance; the same for Public Markets concerning the mining of resources; the situations of exception as well as the limitations of the public, individual and collective freedoms during those situations; and the provisions for adjustment destined to favour the equality between the territorial collectivities.
For all of these things that come under Organic Law, they can only be voted and modified in ways specified by the Constitution, for this both Assemblies must pass Organic Laws via an absolute majority. If after two readings, there is no agreement between the two Assemblies on an Organic Law, the National Assembly can decide definitively by a two-thirds majority of its members.
If the National Assembly has not adopted the Organic Law before the closure of the session, the provisions of the bill may enter into force via ordinance, including, the case arising, one or several amendments adopted by one Assembly.
Organic Laws passed can only be promulgated after declaration of their conformity to the Constitution by the High Constitutional Court.
The Bill of the Law of Finance for a fiscal year (so, the annual budget), is examined by Parliament after the Ministers of charge of finance and of the budget prepare the bill of the law of finance under the authority of the Prime Minister.
Parliament as a whole has 60-days to examine the law of finance, for the National Assembly, if it has not pronounced itself within a set procedure determined by the constitution then it is deemed to have adopted it. This also goes for the Senate as well. If Parliament has not adopted the law of finance by the time of the closure of the second session, then the provisions of the bill may enter into force by way of ordinance including one or several of the amendments adopted by Parliament, if any.
Any amendment to the above bill that causes increase in the expenditures or a diminution of the public resources must be accompanied by a proposal of augmentation of receipts or of equivalent economies.
There is a Court of Accounts that assists Parliament in the control of the action of Government. It will assist the Parliament and Government in control of the execution of the laws of finance and also in the evaluation of public policies. It informs citizens with public reports in this area.
After 30-days of being appointed, the Prime Minister presents their program for implementing general policy to Parliament. The Prime Minister may modify this program dependent on how it is received by Parliament. The Government will give regular reports to Parliament on the execution of its program, which will give way to debate and evaluation of public policies.
The Prime Minister, after deliberating with the Council of Ministers, may pose a question of confidence within his/her Government to the National Assembly, which if they vote two-thirds against the Prime Minister and his/her government, they will be deemed to have lost the confidence of the National Assembly, and the Government will remit its resignation to the President of the Republic. The President will then look to appoint a new Prime Minister through the usual procedure, creating a new Government.
Parliament itself can also choose to vote on confidence in the Government by vote of a motion of censure, only receivable if it is signed by at least half of the members composing the National Assembly, and only adopted if it gets a two-thirds majority. If adopted, the Government must resign.
Finally, and quite interestingly, Parliament can vote by an absolute majority in both Assemblies to delegate to the President of the Republic the power to legislate for a limited time and on a determined object. This authorizes the President to take, by ordinance in the Council of Ministers, measures of general impact on matters arising in the domain of law.
There exists and Economic, Social and Cultural Council, which the Government can refer bills to, including ordinances, decrees, and proposals of law, for this council to give its opinion. Of course, it is competent to bills that with an economic, social, and cultural character excluding the laws of finance. It has the power to initiate studies and enquiries related to economic, social, and cultural questions. Its reports go to the President of the Republic. The make-up of the council is determined by an organic law.
National Assembly
The National Assembly puts its confidence within the Prime Minister and Government, loss of confidence can lead to the Prime Minister and Government losing power.
The National Assembly currently has 151 members elected by the people, this number can be changed via decree taken in the Council of Ministers, as well as the distribution of seats across the national territory and the divisions of the electoral circumscriptions.
Members of National Assembly may not change their political group to affiliate with another group, other than the one in which they were elected, doing so can be grounds for removal of the legislator from their seat, which would be declared by the High Constitutional Court. Legislators can also be removed from the National Assembly by the High Constitutional Court for deviating from the line of conduct of their parliamentary group.
The President of the National Assembly and its Bureau are elected by the members of the National Assembly following their legislative elections. The President of the National Assembly or members of the Bureau can be removed via a secret vote of at least two-thirds majority for grave reasons. The President of the National Assembly is an impartial figure who ensures order and following of rules and conduction of agenda, of which members of the Bureau help within the administration of National Assembly duties and activities.
Commissions are also formed soon after legislative elections for the handling of various legislative agendas. The opposition has the right to vice-president and to preside over at least one of the commissions.
And extraordinary session of the National Assembly can be called by decree of the President of the Republic taken in the Council of Ministers, either by the initiative of the Prime Minister or at the demand of an absolute majority of the National Assembly itself. Such a session may not go beyond 12-days and focuses on a specific determined agenda of importance.
Senate
The Senate’s purpose is to represent the Decentralized Territorial Collectivities and the economic and social organisations. Some of its members are indirectly elected by officials while others are appointed by the President. The Senate was recently reestablished in 2016 following the 2015 Senatorial election.
The Senate had 63-seats but was recently ordered by the President Rajoelina in 2020 to have only 18 seats for its next election, which angered opposition parties who declared they would boycott those Senate elections.
As the number of seats for the Senate are not constitutionally fixed it is much easier to change its number of members on a more frequent basis. Members of the Senate must though be spread equally across the provinces and regions without a bias towards population sizes. It is also constitutionally fixed that two-thirds of the number of members must be indirectly elected while the other one-third must be appointed by the President of the Republic.
The Government must consult with the Senate to give its opinion on economic, and social questions and questions on the organisation of the decentralized territorial collectivities.
Special sessions of the Senate can be called by convocation of the Government, with its agenda limited to the decree of convocation taken within the Council of Ministers.
When the National Assembly is not sitting, the Senate can only discuss issues referred to it by the Government for its opinion, excluding legislative bills.
The President of the Senate and its Bureau are elected the same way as the National Assembly and perform the same roles, although the President of the Senate is seen as a senior position to President of the National Assembly. Commissions are also formed in the same way, with the opposition able to preside over at least one of them.
The Electoral System
Presidential elections take place every 5-years unless held sooner. The President is directly elected via an absolute majority, if no candidates receive an absolute majority the top two candidates advance to a second round and the winner is determined by simple majority. A single person may hold the presidency for only two terms and no more.
To run for President, one must be a Malagasy national with all of their civil and political rights, and be at least 35-years-old. The candidate must also have resided within the nation for at least six-months prior to the election.
When an existing president in office stands as a candidate in the next presidential election, they must resign their office 60-days before the election, during this time the President of the Senate will act as the President of the Republic until the Presidential Election is completed. If the President of the Senate is also running for the presidency, then the powers of the presidency are exercised by the Government until a President is elected.
Legislative elections for the National Assembly or lower House of Parliament take place every 5-years unless held sooner. Its currently 151 members are elected, 87 of the members are elected from single-seat constituencies using a first-past-the-post system, while the other 64 are elected from multi-seat constituencies via closed-list proportional representation, so in this parties can guarantee a proportional share of these 64 seats via reaching a certain threshold of the vote.
Legislative elections for the Senate or upper House of Parliament also take place every 5-years, where 42 of its members are indirectly elected by an electoral college of municipal, communal, regional, and provincial leaders, and 21 appointed by the President.
But now with President Roejalina having ordered the Senate to only have 18-seats, that would have 12 seats indirectly elected by the aforementioned electoral college, and the remaining 6-seats appointed by the President of the Republic.
Voting in Madagascar is not mandatory, to vote one must be a citizen of Madagascar and be at least 18-years-old.
Sources
My source comes from Madagascar’s 2010 Constitution (constituteproject.org) and so should be as up to date as possible, but there is a chance I may have missed some things and possibly misinterpreted other things and the constitution can be amended, and so cross-research is encouraged if using this seriously.
Amendments to the constitution are proposed by the President of the Republic in consultation with the Governing Cabinet or supported by at least two-thirds of both the National Assembly and Senate. Passage requires at least three-fourths approval of both the Senate and National Assembly and approval in a referendum.
Articles on the republican form of the State, the principle of the integrity of national territory, the principle of the separation of powers, the principle of autonomy of the Decentralized Territorial Collectivities, and the duration and number of the mandate of the President of the Republic, cannot be amended.
Next up will be the government system of Malawi.
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