Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law provide for the inviolability of the person and prohibit such practices, but security forces subjected prisoners and criminal suspects to physical and mental abuse, including torture, according to media reports.
Security personnel used beatings as punishment for alleged crimes or as a means of coercion. Off-duty and sometimes intoxicated members of the armed forces assaulted civilians. In most cases, investigations announced by security officials did not result in prosecutions.
Media outlets reported on August 25 that police took two presumed thieves to Antananarivo’s main public hospital August 23. One of the suspects was dead upon arrival at the hospital and the second one was very weak and died the next day. Both presented injuries including bruises, suggesting they had been the victims of battery. The suspects had been arrested the previous day for alleged involvement in an armed attack in Ankadindramamy that resulted in the death of a police officer.
Prison and Detention Center Conditions
Prison conditions were harsh and life threatening due to inadequate food, overcrowding, poor sanitation, and insufficient medical care.
Physical Conditions: Severe overcrowding due to weaknesses in the judicial system and inadequate prison infrastructure was a serious problem. One penitentiary surpassed its official capacity by nearly eightfold. As of August the country’s 84 prisons and detention centers held an estimated 24,590 inmates, of whom 1,729 were female and 22,861 male. The total number of inmates included 785 minors. This figure represented well over twice the official capacity of 10,360 inmates.
Lengthy pretrial detention was pervasive, contributing significantly to overcrowding. On April 25, the National Human Rights Commission (CNIDH) noted that two-thirds of detainees in the country were in pretrial detention, resulting in as many as 180 detainees sleeping in one room. The largest rooms were dormitory-style rooms designed to hold many detainees. Authorities sometimes held pretrial detainees with convicted prisoners.
Authorities did not always hold juveniles separately from adults, and some children under school age shared cells with their incarcerated mothers. According to the Ministry of Justice, 53 percent of the 43 prisons holding juvenile detainees had separate areas for minors.
During the second quarter of 2017, Grandir Dignement (Grow Up with Dignity), a nongovernmental organization (NGO) dedicated to the rights of imprisoned youth, identified 828 minors held in the country’s 41 prisons, 39 jails, and two juvenile detention centers. The NGO estimated that 20 percent of the minor prisoners were collocated with adult prisoners during the day, and 5 percent shared dormitories with adults. Girls were always held together with adult female prisoners.
According to the International Committee of the Red Cross (ICRC), almost one in two prisoners nationwide suffered from moderate or severe malnutrition. Each inmate received approximately 10.5 ounces of cassava per day, compared with the recommended 26 ounces. The ICRC, in collaboration with the Catholic Chaplaincy for Prisons, treated almost 7,500 prisoners in 14 detention centers for malnutrition during the year, in addition to approximately 2,000 sick prisoners and breastfeeding women.
A deteriorating prison infrastructure that often lacked sanitation facilities and potable water resulted in disease and insect and rodent infestations, although prison officials carried out extermination efforts against insects and rats, minor renovations, and small construction projects with financial support from the ICRC. Access to medical care was limited. Ventilation, lighting, and temperature control were inadequate or nonexistent in many of the smaller facilities hosting fewer than 300 inmates; larger facilities were renovated during the year to address these issues.
The Ministry of Justice recorded 129 deaths in prisons in 2017, none of which were attributed to actions by guards or other staff. The most frequent causes of death were tuberculosis, high blood pressure, and gastrointestinal issues.
Fifteen prisoners tried to escape Antalaha Prison in the northern Sava Region on July 15. During the confrontation between the prisoners and penitentiary agents, two prisoners died and one was seriously injured.
Administration: While a formal process exists to submit complaints to judicial authorities, few detainees used it due to fear of reprisal. Officials authorized weekly visits from relatives and permitted religious observance. Visits outside scheduled days were reportedly possible by bribing guards and penitentiary agents. NGOs reported bribes could purchase small privileges, such as allowing family members to bring food for prisoners.
Independent Monitoring: Authorities generally permitted independent monitoring of prison conditions by the ICRC, several local NGOs, and some diplomatic missions. Authorities permitted the ICRC to conduct visits to all main penitentiary facilities and to hold private consultations in accordance with its standard modalities. Authorities also permitted ICRC representatives to visit detainees in pretrial or temporary detention.
Improvements: As of October, 22 of the country’s 41 prisons had established separate areas for boys and men, an increase from 2014 when only 17 prisons had such areas.
Humanity and Inclusion (HI), an NGO that collaborated with the Ministry of Justice penitentiary administration, completed a project called “Prison for a Better Future: From Detention to Reinsertion.” The project addressed the mental well-being of detainees in five detention centers. The project also promoted protection of detainees’ human rights and developed a method for psychosocial support for penitentiary agents, civil society organizations, local communities, and detainees.
Some regional directorates of the penitentiary administration undertook independent initiatives to improve detainees’ well-being. The Antalaha directorate, for example, established agreements with local farmers by which the prisons provided workers from among detainees to farmers, who then allocated part of their harvest to the prison food supply. During the year the administration concluded five such agreements that brought approximately 60 tons of dried foodstuffs including rice, corn, and cassava, to the prisons.
The government allocated an additional two billion ariary ($560,000) to the Ministry of Justice during the year to increase the pace of hearings and conduct a pilot project to improve detainees’ diet. In the pilot project, detainees in two prisons (Toliara and Miarinarivo) benefitted from a new diet providing three kinds of food to detainees and two meals per day, and the ministry stated its intent to expand this to the remaining prisons. The 2019 budget, approved in November, doubled the amount allocated to the penitentiary administration compared with the reporting year.
e. Denial of Fair Public Trial
Although the constitution and law provide for an independent judiciary, the judiciary was susceptible to executive influence at all levels, and corruption remained a serious problem. There were instances in which the outcome of trials appeared predetermined, and authorities did not always enforce court orders. Lack of training, resources, and personnel hampered judicial effectiveness, and case backlogs were “prodigious,” according to Freedom House. Judges reported instructions from the executive to release accused sex offenders who were often, but not always, foreign citizens from donor countries.
The law reserves military courts for trials of military personnel, and they generally follow the procedures of the civil judicial system, except that military jury members must be officers. Defendants in military cases have access to an appeals process and generally benefit from the same rights available to civilians, although their trials are not public. A civilian magistrate, usually joined by a panel of military officers, presides over military trials.
The law provides for the right to a fair and public trial, but the courts have the authority to direct that a trial be closed to protect the victim or to maintain public order. Trials were often delayed. Prolonged incarceration without charge, denial of bail, and postponed hearings were common. The law provides for a presumption of innocence, but authorities often ignored this right. Defendants have the right to be informed promptly and in detail of the charges against them, and the law provides free interpretation as necessary, from the moment charged through all appeals.
Defendants have the right to legal counsel at every stage of proceedings. Many citizens were unaware of their right to counsel, however, and authorities did not systematically inform them of it. Defendants who did not request or could not afford counsel generally received very limited time to prepare their cases. Defendants have the right to be present at their trials, to present and confront witnesses, and to present evidence. Authorities generally respected such rights if defendants had legal representation. The law provides the right to an interpreter for the judicial police, examining magistrate, and the defendant’s legal advisor but does not mention any such right for the defendant, nor whether it is a free service. The law stipulates that the defendant has the right to refuse an interpreter. In practice, if an external interpreter must be hired, it is at the defendant’s expense. Legislation outlining defendants’ rights does not specifically refer to the right not to be compelled to testify or not to confess guilt. It does include the right to assistance by another person during the investigation and trial. Defendants have the right to appeal convictions.
By law, the above rights apply to all defendants, and there were no reports that any groups were denied these rights.
POLITICAL PRISONERS AND DETAINEES
Alain Ramaroson remained in jail at years end. The leader of an opposition party, Ramaroson was arrested in August 2016 and accused of forgery in a land dispute with one of his family members. After several refusals of his attorneys’ requests for temporary release and after several postponements, a first trial was held in July 2017, and he was sentenced to one year in prison and a 900 million ariary ($252,000) fine. In August 2017 the court rendered a judgement related to another charge and sentenced him to 30 months in prison and a 200 million ariary fine ($56,000). The media reported that persons seeking to visit him were required to obtain prior approval from the ministry.
There were no reports of any other cases of politically motivated arrests or detentions.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The judiciary deals with all civil matters, including human rights cases, and individuals or organizations may seek civil remedies for human rights violations through domestic courts. Courts lacked independence, were subject to influence, and often encountered difficulty in enforcing civil judgments. There is no prohibition against appealing to regional human rights bodies, but there was no known case of an appeal. The legal system does not recognize the jurisdiction of the African Court on Human and Peoples’ Rights.
During the year, media reported several similar cases of forced evictions of entire communities in various parts of the country, supported by security forces, to the benefit of foreign investors. There were no reports that the evicted persons in any of these cases received any restitution.
There was no report of government action to seize private properties for public use during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape but does not address spousal rape. Penalties range from five years to life in prison. Rape of a pregnant woman is punishable by hard labor. Authorities may add an additional two to five years’ imprisonment if the rape involves assault and battery. Authorities rarely enforced the law.
The law prohibits domestic violence, but it remained a widespread problem. Domestic violence is punishable by two to five years in prison and a fine of four million ariary ($1,120), depending on the severity of injuries and whether the victim was pregnant. There were few shelters for battered women in the country, and many returned to the home of their parents, who often pressured victims to return to their abusers.
Victims of domestic violence from vulnerable populations could receive assistance from advisory centers, called Centers for Listening and Legal Advice, set up in several regions by the Ministry of Population, Social Protection, and Promotion of Women with the support of the UN Population Fund. These centers counseled survivors on where to go for medical care, provided psychological assistance, and helped them start legal procedures to receive alimony from their abusers.
In April a one-stop center for victims of rape and sexual abuse in the public maternity section of Befelatanana hospital in Antananarivo reported that it received an average of 60 cases of sexual abuse per month, including four or five involving boy victims. They reported half of those cases as incestuous, perpetrated by fathers, stepfathers, uncles, cousins, and grandfathers. Family members generally tried to conceal cases of incest and avoided lodging complaints even though legal assistance for victims was available through the center.
Media reported in April that a 12-year-old girl living in Tolagnaro gave birth after being raped by a religious leader in the town. Her parents lodged a complaint; the girl’s father agreed to accept financial compensation from the presumed offender in exchange for withdrawal of the complaint. The clergyman reportedly withdrew from the agreement and instead lodged a complaint against the victim’s parents for defamation. Moreover, he reportedly threatened the parents and said that he had high-level protection. There was no report of any further legal action against the offender.
Sexual Harassment: Sexual harassment is against the law, and penalties range from one to three years’ imprisonment and a fine of one to four million ariary ($280 to $1,120). The penalty increases to two to five years’ imprisonment plus a fine of two to 10 million ariary ($560 to $2,800) if criminals forced or pressured the victim into sexual acts or punished the victim for refusing such advances. Authorities did not enforce the law, and sexual harassment was widespread.
On June 6, a 40-year-old woman in Antananarivo was injured by a 50-year-old neighbor who, she alleged, had regularly tried to force her to have sexual intercourse. When she refused, the man beat her, forcing her to run to a public place and defend herself. The woman filed suit against the man for the beating; the man filed a counter-suit. According to the media, the woman continued to be the object of regular reprisals by the man. The woman took no known legal action for the sexual harassment.
BIANCO, in collaboration with the UN Development Program (UNDP), conducted a study on sexual corruption. The results of the study published in August revealed that sexual harassment qualified as gender-based corruption and prevailed not only in all professional sectors, including in universities. Victims of harassment, however, generally did not complain out of fear or shame. At a workshop connected to the study, students testified that dissertation supervisors compelled them to provide sexual services in exchange for validation of their theses.
The collaboration between BIANCO and UNDP led to the development of a strategy to combat sexual harassment, including setting up a prevention committee to receive anonymous complaints, protecting the confidentiality of victims’ identities and conducting public awareness campaigns.
During the year, local NGO Capacity-building for Communities conducted awareness campaigns targeting men in some private universities to combat the culture of impunity for men who sexually harassed women.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: While women enjoyed the same legal status and rights as men in some areas, there were significant differences. Women experienced discrimination in employment and transfer of inheritance. While widows with children inherit half of joint marital property, a husband’s surviving kin have priority over widows without children, leaving the widow eighth in line for inheritance if there is no prior agreement. Families at times gave women a more favored position in the areas of employment and inheritance transfer, but there were no reports of women taking legal action in cases of alleged discrimination.
Birth Registration: Under the new nationality code, citizenship derives from one’s parents. The new law does not confer Malagasy nationality on children born in Madagascar if both parents are noncitizens. It does provide for a minor’s right to obtain Malagasy citizenship if one of his or her parents, regardless of their marital status, obtains Malagasy citizenship.
The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. For additional information, see Appendix C.
Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Nevertheless, parents were increasingly required to pay registration and various fees to subsidize teacher salaries and other costs. As a result, education became inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence.
Child Abuse: Child abuse, including rape, was a problem. The press reported more than 20 cases of child rape, with most victims younger than 12; the youngest was three years old. In June the Ministry of Population, in partnership with UNICEF, published a study on violence against children in the country. The study revealed that violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and working places. According to the study, abuse was rarely reported due to a lack of confidence in the justice system, precarious economic conditions, and a desire to avoid social discord in the community. Only 4 percent of respondents to the survey said they had reported cases of child abuse to the police, while 19 percent had reported sexual abuse to the police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.
In some towns and cities, particularly in Antananarivo, homeless women raise small children in dangerous conditions and environments, and will force children to beg on the streets at ages as young as three years old. Sometimes babies are “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.
Government efforts to combat child rape were limited, focusing primarily on child protection networks, which addressed the needs of victims and helped raise public awareness.
With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, and Nosy Be hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. Apart from the medical care, these centers provided psychological support through social workers assigned by NGOs. Police officials from the minors and child protection brigade recorded their complaints, and volunteer lawyers provided free legal assistance.
In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials reported that victims of child abuse were returned to the home where the abuse occurred due to a lack of options.
Early and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the south.
The practice of “moletry,” in which girls are married off at a younger age in exchange for oxen received as a dowry, reportedly continued. The parents of a boy (usually around age 15) look for a spouse for their son (girls may be as young as 12), after which the parents of both children organize the wedding. (For additional information, see Appendix C.)
The government announced initial implementation of the National Strategy to Fight against Child Marriage (SNMLE) in May. Implementation by the Ministry of Population, with the support of UNICEF, was planned for 2018 to 2024. The SNMLE aims to reduce child marriage prevalence–defined as “percentage of women age 20-24 who were married or in a union prior to the age of 18”–from 41 percent to 31 percent by 2024. The main elements of the strategy are to build the capacity of authorities and communities to better protect children and strengthen the ability of children to protect themselves against early marriage and early pregnancy.
Sexual Exploitation of Children: Antitrafficking legislation provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial exploitation of a child younger than 18. Both the penal code and antitrafficking laws address, specify penalties of two to five years’ imprisonment and fines up to 10 million ariary ($2,800) for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex.
Sexual exploitation of children, sometimes with the involvement of parents, remained a significant problem.
Employers often abused and raped young rural girls working as housekeepers in the capital. If they left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic labor sector.
In September 2017 the national gendarmerie officially launched its new morals and minors protection unit with responsibility for protecting children, including rape victims in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, implemented a website called “Arozaza” (protect the child) that is intended to combat online sexual exploitation of minors and warn potential abusers. The website includes a form to report child endangerment or online pornography.
The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. In collaboration with the gendarmerie, the Ministry of Justice, the Ministry of Population, and UNICEF trained local law enforcement officials and other stakeholders in targeted regions on the rights of children.
Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast against giving birth to twins also contributed to the problem.
Displaced Children: Although child abandonment is against the law, it remained a significant problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the regulated system.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community consisted of approximately 360 members; there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities and defines persons with disabilities as those presenting congenital or acquired deficiency in their physical, mental, or sensory capacities (without mentioning intellectual disability). The law also provides for a national commission and regional subcommissions to promote their rights. By law persons with disabilities are entitled to receive health care, education, facilitated access to public transportation, and have the right to training and employment; the law does not address access to the judicial system, information, and communications. Educational institutions are “encouraged” to make necessary infrastructure adjustments to accommodate students with disabilities. The law also specifies the state “must facilitate, to the extent possible, access to its facilities, public spaces, and public transportation to accommodate persons with disabilities.”
Authorities rarely enforced the rights of persons with disabilities, and the legal framework for promoting accessibility remained perfunctory.
Access to education and health care for persons with disabilities also was limited due to lack of adequate infrastructure, specialized institutions, and personnel.
Persons with disabilities encountered discrimination in employment. They were also more likely to become victims of various types of abuse, sometimes perpetrated by their own relatives.
The electoral code provides that individuals with disabilities should be assisted in casting their ballots, but it contains no other provisions to accommodate voters with disabilities.
In Antananarivo, persons with disabilities were often seen begging for money, sometimes accompanied by someone who was not disabled to call attention to the disabled person’s condition. Security force members did not intervene, even when disabled persons sat between moving lanes of traffic, making it difficult for those in cars to see them.
In June the NGO Humanity and Inclusion, formerly known as Handicap International, with financial support from the French government, launched two 48-month projects called “Inclusive Education and Vocational Training” and “Mental Health.” The first project aimed to give equal educational and vocational education opportunity to minors with disabilities; the second was a community-based strategy to promote mental health.
None of the 18 tribes in the country constituted a majority. There were also minorities of Indian, Pakistani, Comorian, and Chinese heritage. Ethnicity, caste, and regional solidarity often were considered in hiring and exploited in politics. A long history of military conquest and political dominance by highland ethnic groups of Asian origin, particularly the Merina, over coastal groups of African ancestry contributed to tension between citizens of highland and coastal descent, particularly in politics.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law provides for a prison sentence of two to five years and a fine of two to 10 million ariary ($560 to $2,800) for acts that are “indecent or against nature with an individual of the same sex younger than 21,” which is understood to include sexual relations. There is no law prohibiting same-sex sexual conduct for those older than 21. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reportedly were unaware of the risk of arrest for “corruption of a minor,” and arrests occurred for such acts, although there were no official statistics.
There are no specific antidiscrimination provisions that apply to LGBTI persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying with their chosen gender.
There were no reports of police or other government agents inciting, perpetrating, or condoning violence against LGBTI individuals.
As evidenced by comments in occasional news items involving well-known LGBTI personalities, members of the LGBTI community often continued to face considerable social stigma and discrimination within their own families, particularly in rural areas.
HIV and AIDS Social Stigma
Health care providers subjected persons with HIV/AIDS to stigma and discrimination. HIV/AIDS patients have the right to free health care, and the law specifies sanctions against persons who discriminate against or marginalize persons with HIV/AIDS. Apart from the National Committee for the Fight against AIDS in Madagascar, national institutions–including the Ministries of Health and Justice–did not effectively enforce the law.
Other Societal Violence or Discrimination
Mob violence occurred in both urban and rural areas, in large part due to crime and lack of public confidence in police and the judiciary. The local office of the United Nations Commission on Human Rights (OHCHR) presented a report on mob violence on September 17, stating that between July 2016 and August 2018 it registered 108 cases of mob violence involving 152 deaths and 62 injuries. Crowds killed, beat, burned, or otherwise injured suspected criminals or accomplices, and the media reported 97 deaths resulting from mob violence between January and September. At least 15 of those incidents occurred in the Sava Region, where villagers caught and killed vanilla thieves caught stealing. Villagers also resorted to mob violence to take revenge on residents of other villages for previous alleged attacks. Authorities sometimes arrested the perpetrators, but fear of creating renewed anger hindered prosecution. Media and observers believed that the law was more likely to be enforced against perpetrators when it was in the interests of authorities or security forces.
In June local consulting firm Afrobarometer Madagascar published survey results on mob violence indicating that 41 percent of respondents considered mob violence acceptable for rape and cattle theft. The same study stated that 80 percent of rural inhabitants and 55 percent of urban residents resorted to dinas when handling cases of cattle theft and other social issues. In a September report, the local office of the OHCHR published a report stating that the dina system was effective in some regions but dangerous in others.
A mayor in the district of Mananjary went on trial on February 17, accused of involvement in the killing of a presumed thief beaten to death by villagers the previous month. Fellow mayors and members of the mayors association of Nosy Varika and Mananjary demonstrated against the detention of their colleague.
In August the Ministry of Justice, with the support of the UNDP, organized a two-day workshop in Sambava, capital of the Sava region, to mobilize local authorities, other public figures, and locally elected parliamentarians to prevent mob violence and popular revenge in the region. The second day was an open house exhibition during which different ministries shared information to promote civic behavior among the local population. The minister of justice and the minister of public security as well as the state secretary for the gendarmerie were present.
On June 4, in Belanana, villagers of Ambatotsihy killed a 54-year-old suspected thief to enforce a local dina ruling. The gendarmes had previously arrested the thief and were holding him in the office of the district chief. A group of villagers estimated at a thousand came to the district office to seize the thief and took him to his home village, Ambatotsihy, where his fellow villagers killed him as required by the dina. Media reported a few days later that gendarmes came to make an assessment but did not make any arrests, supposedly to avoid causing social unrest.