Madagascar

Draft is comprehensive, containing all rights and obligations in the Model Law, with similar text. The articles related to the Protection Mechanism are less comprehensive, with several aspects in the Model Law absent or incomplete.

Law on the Recognition and Protection of Human Rights Defenders

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
In Progress; Text with Minister of Justice.

Comments on the instrument:
The draft law is comprehensive, containing all the rights and obligations enshrined in the Model Law,  with a very similar text. The articles related to the Protection Mechanism are less comprehensive, with several aspects in the Model Law absent or incomplete (i.e., protective measures are granted but there is no specific requirement for a risk assessment). Ideally, these elements are elaborated in a revised draft or supporting regulations.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No


Comparison to the Model Law

Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Madagascar, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

2(1)

Right to promote and protect human rights and fundamental freedoms

FULL

1(a), 3

Right to Form Groups, Associations, and Organisations

FULL

4

Right to Solicit, Receive and Utilise Resources

FULL

7

Right to freedom of expression and to seek, receive and disseminate Information

FULL

8, 9, 11

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

5, 6, 12-14

Right to participate in public affairs

FULL

15, 16

Right to Peaceful Assembly

FULL

17, 18

Right to represent and advocate

FULL

19-21

Right to freedom of movement

FULL

22-24

Right to Privacy

FULL

25, 26, 44

Freedom from intimidation or reprisal

FULL

27

Freedom from defamation and stigmatisation

FULL

2(3), 28

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

33, 34, 40

Obligation to facilitate the activities and work of human rights defenders 

FULL

41-43, 50

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

FULL

45, 46, 51-53

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

30-32, 47, 48, 49, 60-63

Mechanism on the protection of human rights defenders established in the instrument?
Yes, in Part IV, section 34, article 54 and onwards.

Provision

Covered?

Articles

Cooperation with human rights defenders, civil society, and national and international human rights bodies

FULL

54, 55(d)

Training of mechanism’s personnel on human rights and fundamental freedoms

PART

54

Periodic reviews with independent experts and CSOs on the functioning of the Mechanism

NONE

 

Resources for adequate functioning of the Mechanism / transparency on resource usage 

FULL

57-59

Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)

FULL

55(e)

Disseminate information on protection programmes for human rights defenders, Mechanism’s work

NONE

 

Development of protocols and guidelines based on best practices to protect human rights defenders

NONE

 

Assist investigations for prosecuting offences against human rights defenders

FULL

55(c)

Granting of protective measures based off a specific risk assessment

PART

2(4)(d), 51, 55(a,b)

Review / appeal of Mechanism decision before courts or independent authority

NONE

 

Confidentiality and personal data protection

FULL

56

Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders) 

NONE

 

Quick access

Draft Law