Law No. 2011 - 012 relative to political parties explanatory statement the existence of constitutional provisions that give anyone the right to create political parties, brought more than 300 political parties in Madagascar. Yet, we see that the majority of these parties is involved in national life that moreover. Some don't exist in name, others were created to run for an elective mandate and disappear as a result of electoral chess. The multiparty system established by order No. 90-001 March 09, 1990, establishing the general system of political parties and organizations, made only worse conditions for the exercise of policy.
The Ordinance that allowed apolitical organizations and even individuals to candidates for elections thus appears to be overtaken by events. She is no longer able to contain the proliferation of political parties so that these don't play more truly functions assigned them in the political spectrum: civic education, supervision of its members, program, etc.
A new legislative framework inspired by principles of good governance and social accountability is required, if you want to master this frantic and unbridled multiparty system and thus an end to opportunistic political parties created the day after the announcement of holding a any election. Now, the "professionalization of politics" is needed, so as to reserve the exercise of activities only to legally constituted political parties, with real coverage territorial and enjoying an authentic representation Act is justified in more than one way, because it allows legally constituted political parties: to devote himself fully to political activities; to clean up political practices by the grouping of associations or political parties currently existing around a program or a similar ideal; establishing rules of ethics and professional conduct governing political parties.
It allows political parties to fully implement the rules of democratic change and to contribute to development of the nation.
Finally, as a transitional measure, a period of twelve months is scheduled to allow political parties to comply with all legal provisions in all its activities.
This is the purpose of this Act.
LAW n ° 2011-012 relative to political parties the Transition Congress adopted during its third and final reading in its session of August 18, 2011, the law whose content follows: Article first - this Act governs political parties in Madagascar. It defines the rules relating to the creation, organization, operation and financing of political parties. It is based on the principle of political pluralism.
It guarantees equality of opportunities and obligations in law of political parties to strengthen democracy and democratic alternation and promote permanent participation in the formation of the political will of the people.
Chapter I General art. 2. the political party refers to any group of people having in common a project for society, sharing the same ideology and pursuing the same objectives, for the purpose to defend and to implement a political program for the development socio-economic and cultural of the nation by the exercise of representation within the various institutions at the local, regional provincial and national.
He contributes to the formation of the political will, to the expression of universal suffrage and the exercise of power through democratic and peaceful means through participation in elections, the civic and political education, and encouraging the participation of citizens in public life and politics.
It expresses its objectives in a political agenda.
Art. 3. within the meaning of this Act, means: 1. Assembly, the meeting of the members of the provincial, regional or local party sections;
2 Congress, the General Assembly at the national level of the representatives of the provincial, regional or local branches.
Art.4 - citizen all Malagasy without distinction of sex, at eighteen years of age, enjoying his civil and political rights, may freely join a political party of his choice. It is also free to resign from the party. Courses and the courts, the military and authority officials, judges and magistrates may not be members of any political party for the duration of their activities.
Worship and the simple associations may not perform activities of political party under penalty of the provisions of the law governing their status.
The list of officials of authority is established by regulation.
No person shall be a member of more than one political party. At the request of any interested person or the Administration of the High Council for the Defense of democracy and the rule of law, abbreviated HCDDED, the Supreme Constitutional Court can sanction the simultaneous belonging to two different political parties by banning political activities for five years.
Any individual, no Member, which is presented under the color of a political party is considered to be ex officio member of that party.
Chapter II the creation of parties policies art. 5 - The creation of a political party must be a written statement to file or to address: in the Department responsible for the Interior, regarding the central body and affiliated; training
to the representative of the territorially competent State, with respect to the sections. .
A receipt is issued after the filing of the statement of creation with such schedules as provided in article 11 below.
Said receipt does not confer legal existence to the party.
Art. 6 - Order noting the creation and recognition of the legal personality of the political party must intervene within four months of receipt of the declaration of creation and of the documents annexed.
In case of refusal, the Ministry of the Interior in shall notify the declarant patterns before the expiry of the period of four months.
The refusal decision is subject to appeal before the competent court.
Art. 7 - The silence of Administration within the set is worth acceptance of the application. In this case, the Ministry of the Interior is required to regularize the situation at the latest within a period of fifteen days. For this purpose, it must make the order provided for in section 6 above.
The Administration may, as necessary, request additional information to reporters. In this case, the time limit is suspended up to the receipt of the response.
Art. 8 - Must be attached to the declaration of creation, a folder composed of originals and five respective copies: 1. of the statutes, which must specify: − the name of the party; the object; Headquarters, dedicated to the activities of the party, acquired for free or onerous or enjoyment, and located on the national territory; the emblems, colors and distinctive signs; the rules of constitution and functioning of its organs of management and administration; the conditions of admission and removal of its members; the terms of meeting congresses or meetings; the conditions of modification of the statutes; Heritage devolution dissolution.
2. the minutes of the constituent Assembly, consisting of two hundred members at least, supported emargee list of participants;
3. of the rules of procedure; 4. from the list of the members of the level of the central organ with their party: full name; date and place of birth (Fokontany, Commune, District, Region or Province); filiation; profession; Home; number, date and place of issue of the national identity card, card voter; function within the party political; legalized signature.
5. from the list of founding members including their: full name; date and place of birth (Fokontany, Commune, District, Region or Province); filiation; profession; Home; number, date and place of issue of the national identity card, voter card.
The list must include at least nine elected officers.
In all cases, a matching certificate must be attached to the record of statement for provincial, regional, and local sections.
These records must be filed or sent to the competent authority within a period of one month from the date of closing of the meeting during which the constitution of the central agency or affiliated training has been decided. This period is two months for sections.
In the case of mail, the postmark is valid.
Art. 9. a register of National political parties is required at the level of the Ministry of the Interior for the registration of legally constituted political parties. The form and this register are fixed by order of the Minister of the Interior.
Art. 10 - Any political party must have status, a seat, a program policy including a civic education component and development.
Art. 11 - Any political party must, through its objectives and activities, contribute to: 1. the defence of democracy and national sovereignty; 2. the consolidation of national independence; 3. the safeguarding of unity and national identity; 4. safeguarding national integrity without excluding any regional or local integration business that would not affect the national interests; 5. protection of the Republican form of the State; 6. to the rejection of violence and coercion as a means of expression, political action, access and maintenance in power; 7. in respect of the rule of law and human rights; 8. in respect of democratic alternation in power through the free choice of the people of malagasy; 9 to implement the gender approach.
Art. 12 - The creation of a political party should not undermine national unity, the national territorial integrity and democratic principles. It should in any way proceed of a discriminatory motivation based on sex, education, wealth, origin, race, physical ability or religious belief. Only individuals may be members of a political party.
Art. 13. the political party established in accordance with this Act is entitled to protection for their names, emblems, colors and other distinctive signs.
No political party can use a name, an emblem, an abbreviation or a slogan that coincides with those of a party legally creates. It is similarly those who are likely to create confusion, particularly, in the case of dissension or resignation, the new party possibly created by dissidents or the quitters shall in no case wear totally or partially the name, emblem, abbreviation or the slogan of the party of origin.
Chapter III of the Organization and the functioning of parties policies art. 14 - Any political party is formed by a central body and may include provincial, regional, and local sections.
Art. 15 - No person shall be elected a leading member of a political party or one of its sections, if it does not fulfill the following conditions: − be of Malagasy nationality; be 21 years unless at the date of his election; never been convicted for a crime or offence, with the exception of the cases provided for by articles 319 and 320 of the Penal Code; enjoy the fullness of his civic and political rights.
Art. 16 - The leading members of a political party must reside in the jurisdiction of the body to which they belong.
Art. 17 - The political party must have an Executive Board composed of leading members. The renewal of the members of bureau is regularly and must be clearly defined by the statutes of the party.
Art. 18. any political party must hold a national Congress every five years at least under penalty of cancellation of the national register of political parties.
The national Congress is the supreme decision-making body in: direction General of the party. program policy; ideology.
The Congress elects and renews the members of the Executive Board.
Art. 19 - The political party must have rules of procedure which specifies the enforcement of the statutes which disputes born within the party. Regulation inside copied to the Ministry of the Interior within four months of its adoption.
Chapter IV rights and OBLIGATIONS of the parties policies art. 20 - Parties have fair access to the public media by a person duly authorized by the party. The conditions of access to the public media are laid down and guaranteed by the HCDDED.
Access to the private media is free subject to comply with the laws and regulations in force.
Art. 21 - Political parties are entitled to be made aware of information about public life.
Art. 22 - Political parties can edit documents or periodicals in strict compliance with the legislation in force.
Art. 23 - Political parties must, under penalty of cancellation at the National Registry: 1. before the end of the month of April of each year a statement of existence including: − the headquarters of the political party, − the name and address members of the Executive Board;
2 notify the Administration of any change in the life of the party in four months.
Art. 24. the political parties participate, alone or with other political parties, national, provincial, regional and local elections.
Art. 25 - Under penalty of forfeiture, any elective public office holder cannot change party other than that in whose name he got elected during his tenure, except to sit as an independent throughout his mandate. The Member elected without party affiliation may adhere to the parliamentary group of his choice within the Assembly.
The revocation is pronounced by the Supreme Constitutional Court.
Members of Parties not presented as candidates have to resign the party before stand as independent candidates or be submitted by another party.
Art. 26 - Political parties have the duty to: 1 observe the Constitution, laws and regulations in force, 2 participate actively to the moralization of public life, 3 train its members, 4 educate citizens to participate in public and political life, 5 make account policy.
Art. 27. the political parties should refrain from all actions to promote racism, xenophobia, incitement, and/or the use of violence, under pain of radiation, without prejudice to any prosecutions against any author or accomplice of the reprehensible behaviour.
Art. 28 - Meetings and public demonstrations of political parties are free.
They remain subject to the laws in force concerning meetings and public events.
Art. 29 - No political party is allowed to create or maintain a military, paramilitary organization or another organization endangering national unity, the territorial integrity, order and public security, on pain of radiation.
Chapter V DISSOLUTION and merger of the party policy Art.30 - After decision of the State Council of the Supreme Court, the political party is dissolved in the event of: 1. no respect for such living conditions than expected to articles 18 and 26 of this Act;
2. application of articles 23, 27 and 29 of this Act; 3. merger of two or more political parties; 4. voluntary dissolution provided for by the articles.
Art. 31. in the case of a merger of two or more political parties, the old parties before the merger legally lose their existence and are removed from the National Register of registration of political parties. However, the merger remains subject to the approval of the authority in the concerned political parties and according to the procedure provided by the statutory provisions of each political party.
The financing of parties merged goes right to the new party.
Art. 32 - Dissolution of the political party, the devolution of the estate is set according to the provisions of the statutes.
Chapter VI financial art. 33 - The political parties fund their operations with own resources or external resources.
Art. 34 - The political party's own resources include: 1. membership fees and annual dues of the members; 2. donations and legacies allowed; 3. the products of the activities legally recognized political parties; 4. the subscriptions and the voluntary contributions of the members.
Art. 35 - External resources of the parties include: 1. loans made in accordance with the laws and regulations in force; 2. the donations and bequest allowed; 3. the financial support of partners; 4. the State subsidies.
Art. 35 bis the State subsidies are provided including:-as a participation; -in the results of elections; -in contributions to the civic education activities eligible expenses for a political party are among others:-operating expenditures; -investment spending; -election expenses; -expenses related to the execution of the political program of the party.
Art. 36 - The management of the funds must observe rules that will be defined by regulation.
However, it must clearly reflect the sources of funds, their destination and the management body.
Art. 37 - The value, origin and the use of the donations, loans and gifts from external sources should be transparent. As such, legally constituted political parties must open a bank account in their names.
In all cases, are prohibited all forms of funding from any State or public body, any domestic or foreign public company foreign, as well as those whose origin is likely to have a direct or indirect link with terrorist networks and/or money laundering.
Art. 38 - Transparency in the management of resources is required. The political party must keep simplified accounts and annual financial report.
Periodic inspections will be carried out on the management accounts of the parties and, through the financial jurisdictions.
The terms of the present article will be specified by regulation.
Chapter VII transitional provisions and final art. 39. the parties or political organizations have a transitional period of 12 months from the date of publication of this Act to comply and must comply with the obligation to seek a listing in the National Register of political parties, in accordance with the provisions of article 8 and following of this Act, under penalty of termination of office.
Art. 40 - Regulatory texts set as necessary the enforcement of this Act.
Art. 41 - All difficulties arising from the interpretation of this Act are the responsibility of the Executive Council of the Supreme Court.
Art. 42 - Are and remain repealed all previous provisions contrary to this Act, including the order No. 90-001 March 09, 1990, establishing the general system organizations or political parties.
Art. 43. because of the urgency and in accordance with the provisions of article 4 of Ordinance No. 62-041 of 19 September 1962 on the General provisions of domestic law and private international law, this Act comes immediately into force as soon as it receives a publication by radio and television broadcast or display.
Art. 44 - This Act shall be published in the official journal of the Republic. It will be run as State law.
Antananarivo, August 18, 2011, the PRESIDENT of the Congress of TRANSITION, RAHARINAIVO Andrianatoandro