Madagascar: Effective implementation of the Convention against Torture
| Date: | 29-30 April 2008 |
| Place: |
Madagascar |
| Partners: |
Ministry of Justice ACAT-Madagascar |
| Purpose: | To support Madagascar in the effective implementation of the UN Convention against Torture (UNCAT) through the submission of its initial report to the UN Committee Against Torture (CAT). |
| Activities: | From 29 to 30 April 2008 the APT conducted a national workshop on the drafting and submission of the initial report of Madagascar to the CAT. This workshop, organised jointly with the Ministry of Justice in collaboration with ACAT-Madagascar, gathered about 30 national key actors including: members of the national Committee in charge of the drafting of all Madagascar's reports to international and regional treaty bodies as well as representatives from the Ministry of Justice, Ministry of Interior, Ministry of Foreign Affairs, Police, Parliament, Judiciary and Penitentiary Services as well as NGOs. Under the facilitation of the APT Africa Programme and the UN and Legal Programme Officers, the workshop considered a preliminary draft elaborated by the National Drafting Committee. The workshop was conducted as follows:
It is important to highlight that the new Minister of Justice, Mrs. Bakolalao RAMANANDRAIBE RANAIVOHARIVONY, participated in the opening and the closing of the workshop. This was encouraging for participants and perceived as a personal commitment. For the APT, it is a sign of the political will of Madagascar authorities to take concrete measures for the prohibition and prevention of torture. It is also important to mention that the APT delegation had met with the Minister of Justice a day before the workshop. She informed the delegation that the national anti-torture law drafted with the technical support of the APT in 2007 is due to be considered by the Parliament for adoption during its May 2008 session. |
| Next Steps: | The next stage of the process will be for the National Drafting Committee to finalise the draft and submit it to the Minister of Justice who will forward it to the CAT. The APT will continue to support Madagascar for an effective implementation of the UNCAT through implementation of the future national anti-torture law as well as CAT recommendations once the initial report is examined. |
| Contact Person: | Jean-Baptiste Niyizurugero, APT Africa Programme Officer |
Madagascar: Drafting a national anti-torture law
From 2 to 3 November 2007 the APT conducted a workshop to draft a national legislation against torture and other cruel, inhuman or degrading treatment or punishment (UNCAT) in Madagascar. This workshop was organised jointly by the Ministry of Justice and the UNDP – Madagascar in collaboration with the APT, which was invited as an expert to facilitate the drafting process. The event was a follow-up on a previous APT initiative when, in January 2007, it co-organised with the Ministry of Justice a national seminar on the domestication of the UNCAT provisions.
The seminar gathered about 30 national key actors including representatives from the Ministry of Justice, Ministry of Interior, Ministry of Foreign Affairs, Police, Parliament, Judiciary and Penitentiary Services as well as NGOs. Under the facilitation of the APT Africa Programme Officer, the workshop considered a preliminary draft elaborated by a Working Group put in place by the January 2007 Seminar. Thus, the drafting work was conducted as follow:
- First of all, the APT Africa Programme Officer presented an analysis of the Convention against torture, highlighting key elements that should contain any legislation aiming to domesticate the UNCAT provisions. He also recalled the usefulness of the Robben Island Guidelines for the prevention of torture in such a process on the drafting of an anti-torture legislation.
- The Working Group briefed participants on the process which led to the preliminary draft to be considered by the workshop. They stressed the importance of technical advice that APT provided through regular email communications. Then, participants were divided in three working groups each being assigned a specific part of the preliminary draft to review.
- Finally, comments and amendment proposals from the working groups were compiled and discussions in the plenary led to a final draft approved by participants.
This draft law contains measures on the prohibition, the prevention and the repression of torture and other cruel, inhuman or degrading treatment or punishment. It provides also with measures on reparation and protection of victims.
The next stage of the process will be for the Ministry of Justice to forward the draft law to appropriate State institutions including the parliament for adoption.
It is important to highlight that the new Minister of Justice, Mrs. Bakolalao RAMANANDRAIBE RANAIVOHARIVONY, who was in function for only three days, participated in the opening and the closing of the workshop. This was encouraging for participants and perceived as a personal commitment. For the APT, it is a sign of the political will of Madagascar authorities to take concrete measures for prohibition and prevention of torture.
Seminar on the domestication of the UNCAT in Madagascar
From 23 to 25 January 2007, the APT co-organised with the Ministry of Justice and in collaboration with the ACAT-Madagascar, a seminar on the implementation of the UN Convention against Torture in Madagascar. The seminar had the objective to reflect on ways and means domesticate the UNCAT provisions in Madagascar. The seminar reviewed national legislation and practices to identify gaps and areas that need improvement or reforms and came up with a plan of action which will guide the Ministry of Justice to undertake legal reforms and other preventive measures including the criminalisation of torture.