Law No. 2012-010 Establishing, Mission, Mandate, Composition And Modalities Of Operation Of Filankevitry Ny Fampihavanana Malagasy (Ffm) Or Malagasy Reconciliation Council (Mrc)

Original Language Title: Loi n°2012-010 portant création, mission, attributions, composition,et modalités de fonctionnement du Filankevitry ny Fampihavanana Malagasy (FFM) ou Conseil de la Réconciliation Malagasy (CRM)

Read the untranslated law here: https://www.global-regulation.com/law/madagascar/5960945/loi-n2012-010-portant-cration%252c-mission%252c-attributions%252c-composition%252cet-modalits-de-fonctionnement-du-filankevitry-ny-fampihavanana-malagasy-%2528f.html

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ION 2012 ど 010 Wearing creation, mission, mandate, compo 1


ION 2012 ど 010
Wearing creation, mission, mandate, composition and modalities of operation of Filankevitry ny Fampihavanana Malagasy (FFM)
or Malagasy Reconciliation Council (MRC)
EXPLANATORY REASONS
Since independence in 1960, Madagascar has experienced crises generated by various socio ど political, economic and geo-strategic ど and have become cyclical, closer, more severe, complex and interwoven (1971, 1972, 1975, 1991 ど 1992 2002 and 2009) with their subsequent events. The causes are, among others, the imbalance in development and the inequitable distribution of national resources, external dependence, electoral fraud and bad governance. The consequences are that popular movements have spawned undemocratic alternations which escalated into armed confrontation verging on civil war. Especially after the 2002 crisis, backup and regaining civil peace, national unity and international recognition required a difficult process. Malagasy citizens have realized the need for a dialogue ど malagasy Malagasy for a return to constitutional order essential to lasting peace. It is through a process of "Fampihavanana Malagasy" to eradicate and prevent the cyclical crises, care and heal the individual and collective wounds of the past and establish sound foundations for the future and economic development the nation.
Indeed, it is universally accepted that a nation is formed by a human community that has awareness of belonging to the same past and to be engaged in the same or a future population that lived a long cohabitation and have a desire to live in a community for a common destiny. Thus, in accordance with Articles 25, 26 and 27 of the Road Map, inserted into the legal system by Law No. 2011 ど 014 of 28 December 2011 it was decided the establishment the Filankevitry ny Fampihavanana Malagasy (FFM), representing the diversity and sensibilities of the Malagasy population. And to institutionalize a process capable of promoting and strengthening the culture of dialogue, tolerance, solidarity and 2


Equity for sustainable peace and the rational exploitation of national wealth.
The "Fampihavanana Malagasy" includes any process and mechanism based on solidarity, aimed at restoring peace, equity, harmony and national unity, based on historical and sociopolitical facts Malagasy conflicting effects from past and present for perform:
• National Reconciliation policy based on the concept: "Truth, Justice, Amnesty and Reconciliation Atonement" outcome of political events since 2002. It establishes a serene political atmosphere by creating a favorable environment for the conduct of fair, free, transparent and credible and the restoration of constitutional order; • National Reconciliation leading to Atonement, to inform the Malagasy people on its past and for it to be able to take control of its future in the context of the evolution of the modern world.

Initiated during the transition in the context of the implementation of the road map, the National Reconciliation is to consolidate social peace, unity and cohesion within all components of the Malagasy nation for there has a harmonious and balanced development of the national territory and in consideration of cultural values ​​and mutual respect.

Furthermore, the FFM must:
• propose a Fatoram ど pihavanana that must accompany the Constitution of the Republic of Madagascar as well as legislation and regulations thereunder; • to establish and direct the tracking device - Evaluation - Regulation for peace and harmonious development of the country following the principles of Rariny sy Hitsiny and Fihavanana aiming establishing sound foundations of the nation.
This is the purpose of this Act which has five tracks composed of twenty six items:
ど the first title is the creation of Filankevitry ny Fampihavanana Malagasy;
ど Title II establishes the mission, objectives and functions of Filankevitry ny Fampihavanana Malagasy;
ど Title III defines its composition; 3


ど Title IV specifies Filankevitry operating modalities ny Fampihavanana Malagasy
ど Title V provides the various and final provisions. 4



ION 2012 ど 010
Wearing creation, mission, mandate, composition and modalities of operation of Filankevitry ny Fampihavanana Malagasy (FFM)
or Malagasy Reconciliation Council (MRC) Congress of the Transition adopted on final reading at its meeting of 29 June 2012, the law which reads as follows: PART I

CREATION oF FILANKEVITRY FAMPIHAVANANA NY MALAGASY (FFM)

Article ど Under the national reconciliation process, he established a Filankevitry ny Fampihavanana Malagasy, it ど 'the FFM, "whose creation, mission, functions, composition and operating procedures are defined by the this Act and in accordance with the provisions of the Road Map.

For the purposes of this Act, the "Fampihavanana Malagasy" is defined as a precept based on any solidarity mechanism intended to bring peace, harmony and national unity, based on historical, Malagasy economic and sociopolitical issues past and present conflicting effects.
The WFF is based in Antananarivo, capital of the Republic of Madagascar. Article 2 The FFM ど, as an Institution Nationale, enjoys administrative and financial autonomy and independence of action in relation to other institutions of the transition with which it maintains full cooperation. It has an autonomous budget. 5



TITLE II MISSION, OBJECTIVES AND FUNCTIONS OF
FILANKEVITRY NY MALAGASY FAMPIHAVANANA
Article 3 ど The MFF carries on throughout the national territory, the fullness of competence in fulfilling its mission to heal and begin to heal the individual and collective wounds of the past in order to establish sound foundations for future of Madagascar as stipulated in Articles 25, 26 and 27 of the Road Map. Article 4 The MFF ど Mission is to:
ど lead the process of national reconciliation as a whole and particularly the National Reconciliation linked to political developments since 2002;ど create a serene political atmosphere and an environment conducive to the conduct of fair, free, transparent and credible and to the restoration of constitutional order;

It formulates recommendations likely to achieve the peaceful resolution of any problem likely to constitute a blocking factor for the smooth running of the Transition.
Article 5 ど The MFF's main responsibilities:
a) creating a space for expression and dialogue between political, economic, social and cultural rights to promote and strengthen the culture of dialogue, tolerance and solidarity, including the need for national and regional conferences;
B) the establishment of the truth on the serious violations of human rights in relation to the political conflicts in which leaders and victims to express themselves;
C) restoring the dignity of victims and determining the measures of conciliation and compensation in accordance with Articles 26 and 27 of the Road Map;
D) the investigation of the amnesty request and the grant proposal to the Special Commission of the Supreme Court for those who have not been to the measures imposed by Articles 2 and 3 of law No. 007 of 2012 ど 3 May 2012 granting amnesty for national reconciliation;
E) national reconciliation of the major components of the nation whose political, economic and cultural ど the social actors in order to: - consolidate national unity and peace and social cohesion; 6


- Restore trust between the Malagasy; - Restore mutual respect between different
Malagasy communities.
F) resolution of conflicts that could endanger national unity and social peace in order to establish sound foundations for the future of Madagascar by: - ​​the implementation of the Fatoram ど pihavanana to accompany
the Constitution and the legislation and regulations; - The Monitoring Evaluation ど ど Regulation of Development Operations
following principles Rariny sy Hitsiny and Fihavanana to consolidate social peace, unity and cohesion within all components of the Malagasy nation and for development harmonious and balanced the country;
- The proposal and the monitoring of the implementation of any measures strengthening national political, economic, social and cultural reconciliation;
- Participation, as appropriate, to the development of all other legal instruments for the promotion of democracy and the development of Madagascar in the modern world;
G) cooperation with national and international organizations to consolidate peace and concord.
Article 6 ど All public authorities are called upon to support the FFM in fulfilling its mission.

PART III OF THE COMPOSITION OF FILANKEVITRY
FAMPIHAVANANA NY MALAGASY
Article 7 ど The MFF is composed of individuals chosen for their moral quality, integrity, sense of justice and their ability to transcend the divisions of all kinds. Article 8 ど The MFF includes forty five (45) members including the Chairman. The forty four (44) members are chosen by the Malagasy civil society in each region in accordance with Article 28 of the Road Map, with two (02) members by region. They carry the title "Mpanolotsain'ny Fampihavanam ど Pirenena". 7


The appointment of members, respecting gender representation criteria and those provided by section 7 above mentioned, is recognized by decree of the Council of Ministers. Article 9 ど The requirements to be a member of the Council are:
a) be of Malagasy nationality; b) be 40 years of age; c) does not participate in any institution of the Fourth Republic

During the first legislature nor in any political activity; d) never having been finally sentenced for a criminal offense.
Article 10 The function of Mpanolotsain'ny ど ど Fampihavanam Pirenena is incompatible with any elective public office, military and Quality Authority officials and any other function hit the incompatibility regime by law.ど Article 11 The members of the FFM is three (03) years. However, this term is renewable if necessary, after assent of both houses of the newly elected Parliament. Article 12 ど The MFF is governed by an office comprising
- one (1) President; - Six (6) Vice Presidents ど; - One (1) General Rapporteur; - One (1) Deputy General Rapporteur.
Article 13 ど It is provided to the position of President of the FFM by using an EOI process open to individuals recognized nationally or not a member of the FFM. Notwithstanding the provisions of Article 9 of this Act, any candidate for President must be at least 50 years old. If the candidate elected as President of the FFM is a member of the FFM, it has been replaced in the same conditions as those prescribed by the provisions of Rule 9 ど above. An interim board constituted by the oldest member and the lowest-old leads the FFM before the establishment of the office. The Provisional Committee says the opening of nominations for the post of President by publication of the offer. It is responsible for the successful completion of 8


Election of the President. The President of the FFM is appointed by consensus by the General Assembly. Otherwise, the procedure to his election by a secret ballot by a two-ballot system. Was elected in the first round the candidate with at least two thirds of the votes cast. Otherwise, the President of the FFM was elected in the second round with an absolute majority of the votes of the two candidates with the largest number of votes in the first round. In case two candidates ranked in second is a tie, there shall be a single ballot for the tie before the second round of the election itself. In any event, the election of the President of the FFM must be made no later than fifteen days after the delivery of the closing date of the call for applications.
It has a cabinet. Article 14 The President of the FFM ど enjoys a status in the light of the consideration due to his rank and the need to preserve and guarantee the dignity and security of the mission of the FFM. Vice ど MFF Presidents are elected by and among the members.ど Article 15 The General Assembly FFM of the final decision. MFF deliberations binding.
Article 16 ど The FFM has a Permanent Secretariat. In addition to the support staff, it is formed by a Committee of Experts whose composition will be determined by regulation. The Permanent Secretariat is headed by an Executive Secretary. He was recruited to call for applications launched by the Office of the President of the FFM according to the required skills criteria such as perfect knowledge of the functions and objectives of the FFM, respecting a transparent procedure by wide publication in the national press.ど Article 17 All members of the FFM, before taking office, shall take an oath before the Supreme Court in solemn audience, saying, right hand raised, "Mianiana aho fa:
ど hikaroka sy ny ny marina hanatanteraka andraikitro ao ny anatin'ny fanajana mahaolona sy ny zon'olombelona; 9



ど hiaro sy ny hitandro hatrany Firaisankinam ど pirenena sy ny fampihavanana samy Malagasy; - Hiasa amim ど pahaleovantena tanteraka, ka tsy misy mihitsy fijerena mitanila na fanavakavahana, mba ho fitandrovana ny fampizorana antsakany sy andavany ireo raharaha atao; - Hanaja antsakany sy ny andavany fepetra rehetra amin'ny maha ど mpikambana ahy ny ao amin'ny Filankevitry Fampihavanana Malagasy; - Hitana sy ny tsy hamboraka tsiambaratelon'ny diniky ny raharaha. "
ど Article 18 In exercising their duties, members of the FFM and the permanent secretariat are protected from any form of pressure or intimidation from anyone.
The President may withdraw from the relevant authorities, pressure or any kind of intimidation to undermine the achievement of the mission and independence of the FFM.
TITLE IV
OF OPERATING THE FILANKEVITRY NY MALAGASY FAMPIHAVANANA
Article 19 ど In fulfilling its mission, the FFM has committees whose composition and functioning shall be determined through internal regulations.ど Article 20 The competent authorities must take into account the proposals or recommendations or resolutions of FFM. Article 21 ど In order to ensure compliance with the provisions on professional secrecy, the President of the Council shall ensure that no reference to the identification of persons whose names have been revealed to him is made in papers published under its authority. Article 22 ど After each national reconciliation process mentioned in Article 4 of this, the MFF establishes a report addressed to the Presidents of the institutions of the Republic. This report is made public.
Article 23 ど The FFM has a Rules. Article 24 ど The implementing regulations will be taken, as necessary, for the implementation of the terms of this law.

10
TITLE V MISCELLANEOUS AND FINAL
Article 25 ど Because of the urgency and in accordance with Article 4 of Ordinance No. 62 ど 041 of 19 September 1962 on general provisions of internal law and private international law, this Act comes immediately force once it has been published by radio and television broadcast or posting, regardless of its inclusion in the Official Gazette of the Republic.ど Article 26 This law shall be published in the Official Journal of the Republic.
It will be enforced as a law of the state.
Antananarivo, June 29, 2012




THE PRESIDENT OF THE CONGRESS OF THE TRANSITION



RAZAFIANDRIAMBELO Njato Harinony