Law No. 2012-006 With The Code Of Ethics And Conduct Policies Actors Policy During The Transition

Original Language Title: Loi n°2012‐006 portant Code d’Ethique et de Bonne Conduite Politique des Acteurs Politiques pendant la Transition

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Read the untranslated law here: http://www.assemblee-nationale.mg/lois/2012-006.pdf

Microsoft Word - 2012-006.doc


ION 2012 - 006
with the Code of Ethics and Conduct Policies Actors Policy during the Transition
EXPLANATORY MEMORANDUM
Madagascar has experienced cyclical and become close political crises. The country has repeatedly brink of civil war and armed clashes. In this context, civil peace and national unity are constantly threatened and regaining international recognition is sometimes acquired after a lengthy and painful sacrifices. Political practices contributed largely to this degradation. Indeed, they have generated and continue to cause serious consequences such as distrust of the Malagasy in the place of politicians, the loss of confidence of the population towards the political class, the degradation of institutions and thus promote the emergence cyclic socio-political crises that we are currently facing. Also, is it necessary to proceed to the moralization of the Malagasy political practices in the resolution of the current crisis process. This overhaul must fit into the framework of a dialogue should lead to the appeasement policy and contributing to social welfare in accordance with the vision of the 3rd millennium. To do this, all forces, all political and state actors commit themselves to work for the preservation of peace, social harmony and national unity by accepting the diversity of political views, rejection violence in all its forms and mutual respect. To this end, the Malagasy political actors adhere to a Code of Ethics and Conduct Policy provisions of the Road Map. Announced in Article 21 of the Road Map as the urgency of emergency because to adopt without delay this Bill is an enabling act of a strong consensus between all political actors, stakeholders in the roadmap , which political actors arise in inter-productive actors of a commonly shared political ethics and mark their co-determination to act as guardians of orthodoxy of a neutral transition, inclusive and consensual in the service of promoting a new constitutional order. This Code, with three titles, chapters six and thirty an article which mainly the following objectives:

- Establish the governing guidelines and political practices during the transition - eradicate political excesses and negative discrimination, - improve the image of the institutions, - prevent any socio-political crises.

This is the purpose of this Act.
























ION 2012-006 with the Code of Ethics and Conduct Policies Actors Policy during the Transition
The High Council of the Transition and the Congress of the Transition adopted in their respective session dated 10 April 2012 and 13 April 2012, the law which reads as follows:
TITLE I DEFINITION, SCOPE AND APPLICATION

Article premier.- This Code applies to all political actors. Article 2: The Code of Ethics and Good Conduct Policy is not intended to regulate privacy when it has no impact on public life. However, the exemplary behavior of demand for all political actors is a priority for the entire Nation. Article 3. This Code of Ethics and Good Conduct sets all standards of behavior highlighting the values, duties and accountability that should govern the conduct of political actors during the transition.
TITLE II COMMON
GENERAL AND Article 4. Every political actor will:
- respect the Constitution, the Roadmap and the laws in force; - Strengthen, respect and uphold national unity, social peace and maintaining the
Fihavanana; - Respect democratic values, public freedoms and fundamental rights
of the human person. Article 5. In order to establish the confidence of the population and the international community, agrees political actor:

- To promote the culture of dialogue; - Maintain a frank collaboration between the various political entities; - To work for tolerance and diversity of political views.
Article 6. All political actors agree not to instrumentalize the administration and to respect the independence of the judiciary and the neutrality of the Administration, to refrain from any form of obstruction of administrative apparatus. Article 7. Political Actors undertake to adopt standards of behavior defined below: 1-
continuation of dialogue by respecting the principles of inclusiveness and consensuality; 2- respect of a non-discriminatory consensus, undogmatic, without exclusion, without loss of identity, without political transhumance; 3- the development and maintenance of a constructive and patriotic attitude to prevent obstruction of the crisis exit process; 4- rejection of violence in all its forms and from any destabilizing action 5- taking measures to treat and heal the individual and collective wounds of the past by a national solidarity fund; 6- the principle of utility, ie any political act is relevant only by its positive effect on the majority of the population; 7- taking corrective measures which adjust and continually compensate trends to deviate Ethics Code and Good Conduct Policy; 8- respect for the so-called reasonable clause whose commitment to resolve any difficulties or change course without the assumption or the dynamics of consensus as a whole; 9. the adoption of relevant legal instruments including the Amnesty Law, the creation of Filankevitry ny Fampihavanana Malagasy (Malagasy Reconciliation Council) and the High Council for the Defense of Democracy and the Rule of Law. TITLE III MISCELLANEOUS

CHAPTER 1: REQUIREMENTS FOR CITIZENS
Article 8. The citizen has the right and duty to vote. It can denounce the abuses committed by political actors within the means it considers appropriate and, in any case, in compliance with the law. Article 9.- The citizen applying for a Institutional Actor of the Transition to submit that the problems of collective or general interest. He refrains from requesting personal favors.

CHAPTER 2: PROVISIONS FOR POLITICAL PARTIES AND CANDIDATES

Article 10.- The Malagasy political parties must participate in good faith in the transition process. Article 11.- The political parties undertake to support the holding of fair elections, free, transparent and credible in accordance with democratic values ​​organized by the Independent National Electoral Commission for the Transition (CENIT). Article 12. Political parties and candidates undertake to respect the verdict of the ballot box and use when needed judicial procedure under the legislation in force. Article 13. Political parties and candidates are forbidden and are committed to their activists, supporters and sympathizers any attitude, any conduct likely to cause breach of security, dignity, privacy, to the physical or moral integrity of others, to public and private property.
CHAPTER 3: PROVISIONS FOR INSTITUTIONAL PLAYERS
Article 14. All the institutional actors of the Transition is committed to political freedom of all Malagasy citizens in the inclusive process leading to the holding of free, fair and credible elections. Article 15. While remaining Raiamandreny with the behavior of a neutral convener and the President of the Transition promotes cohesion and national solidarity in order to rebuild the social peace and security. Article 16. The Government of National Transition union agrees at all times to strengthen the culture of democracy. It promotes dialogue, consensus and mutual respect in decisions related to the implementation of the Road Map. It facilitates the participation of all Malagasy in the implementation of the Road Map and allows the establishment of trading platforms and communication at all levels. Article 17. Given the ethnic, cultural and religious identity of our country, any decision of the Government of National Unity must register and be conducted in the context of the general interest.
Every act is governed by the principles of collegiality, solidarity and self-governance, including accountability.

Article 18. Each minister is responsible for his department. It engages in all conscience, to assume its load and execute any mission that the Government of National Unity has entrusted to him, in the best interests of the nation. It is required to carry government decisions according to the rules of the obligation of result. He assumes the success and failure of his actions and missions according to the principle of responsibility and accountability. Article 19. All institutional actors must respect the principle of transparency in governance and are committed to fight against all forms of corruption. Article 20. Institutional actors must refrain from using the resources of the State, local authorities or other branches of the State for the purpose of election campaign or political propaganda or during political demonstrations .
CHAPTER 4: PROVISIONS APPLICABLE TO MEDIA
Article 21.- The provisions of this Code apply to both public and private media.
They are called to sensitize political actors to social peace and national solidarity. They are required to carry out equal treatment to all stakeholders and political parties. They are forbidden to sow unrest among the public. In case of failure, politicians and political parties can enter the High Council for the Defense of Democracy and the rule of law.
They must refrain from violating the human dignity and does not address the privacy and social belonging of others in a spirit of disparagement.

Article 22. In the election, the public media reserve an equal and balanced treatment to political parties and candidates for election. They must refrain from any partisan comment, denigration or malicious comments with regard to political parties, candidates and their programs.
FINAL PROVISIONS
Article 23. The High Council for the Defense of Democracy and the Rule of Law offers an assistance for the decision in the ethical dilemma or conflict situations of political values ​​Service. It may be seized by any political actor involved or not in the road map and by persons within civil society or by any authorized person. Its opinion on the ethical dilemma situations or value conflicts is requested.

Article 24. Without prejudice to criminal prosecution, if necessary, the High Council for the Defense of Democracy and the Rule of Law shall take all steps necessary to any breach of this Code. Article 25.- The regulations will be taken, as necessary, pursuant to the provisions of this Act. Article 26.- because of the urgency and in accordance with Article 4 of scheduling n ° 62-041 of 19 September 1962 on general provisions of internal law and private international law, this Act comes immediately into force once it has received a publication by radio and television broadcast, or display, regardless of its inclusion in the Official Gazette of the Republic. Article 27. This Act is published in the Official Journal of the Republic. It is executed as state law.
Antananarivo, 13 April 2012

THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION

Rasolosoa Dolin RAKOTOARIVELO Mamy