LAW n ° 2011-013 wearing status of the opposition and the opposition parties explanatory democracy to Madagascar as for so many other countries in the context of the majority political systems, refers to the exercise of State power by the majority under the control of the opposition and the arbitration of the people. Yet, one finds that the true democratic alternation has been very rare in Madagascar and was actually at the stage of utopia. Moreover, the ruling parties tend to ignore the usefulness and the need for an opposition and the opposition parties. For its part, the opposition could truly play its role of counter-power. The result is that the nation has periodically experienced different cyclical crises.
A strengthening of the capacity of the actors of the political game around the definition of a legal and policy framework defining the rights and duties of the opposition action must take place in order to build and implement a true democracy. To do this, the opposition should be now placed in a standardized framework that can guarantee the effectiveness and enjoyment of his rights and obligations.
This Act finds its justification in the fact that it allows both the opposition and the opposition parties: to be legally recognized as key players in political life; to effectively play their role as holder of the critical power and counter-proposal. ensure their rights and determine their obligations.
This is the purpose of this Act.
Law No. 2011 - 013 wearing status of the opposition and the opposition parties the transitional Congress and the Superior Council of the Transition have adopted during their respective dated August 17, 2011 and August 18, 2011, the law whose content follows: title I General Article 1 this Act sets the status of the opposition and opposition parties which is defined as the set of legal rules allowing parties or groups of political parties of the opposition of the freedom space that they need to participate fully and without hindrance to the animation of national political life.
Art. 2 is opposition to the meaning of this Act, any legally constituted political party or group and develops for most of the positions and the different views from those of the Government. Belonging to the opposition must be the subject of a formal, public statement and must be registered at the Ministry of the Interior.
S.3 - Any opposition party recognized by this law, as any party political, has a fundamental program fixing his ideology, a plan of action governing its activities in the implementation of the decisions of the last Congress.
Art. 4 . the Constitution guarantees the right of democratic opposition.
Title II of the Organization and the functioning of the OPPOSITION art. 5 opposition is led by a leader of the official opposition. As such, it has a firm comprising a Chief of staff, four Councillors and a private Secretary.
Art. 6 after every legislative election, the political groups meet the conditions required by article 2 above and who declare themselves officially opposition designate by mutual agreement a leader of the official opposition.
Failing agreement, the leader of the political opposition group who obtained the largest number of votes cast in the vote is considered leader of the official opposition.
If the leader of the official opposition is not a parliamentarian, he benefits from office of the status of Member and sits right in the National Assembly.
Art. 7 in application of paragraph 6 of article 14 of the Constitution, the seat of the leader of the official opposition and his cabinet will be made available by the State.
Art. 8 the functioning of the Institution of opposition will be supported by the State budget.
Art. 9 − the official mandate of the leader of the opposition coincides with the term of the President of the National Assembly.
However, if the leader of the official opposition does not fully its role, he may face a dismissal at the request of three-quarters of the members of the opposition by the method of a secret ballot.
The appointment of a new leader of the opposition was taken once the leader of the opposition in-office is removed. For this purpose, the provisions of article 5 of this Act are applicable.
In case the leader of the official opposition joined the Government, he automatically loses his capacity as leader of the opposition, so it shall be an election of a new leader of the opposition.
Art.10 - The leader of the official opposition residing in Madagascar.
Title III of the powers of the OPPOSITION art. 11 the opposition's mission is to: − the role of counter-power and balance of power; propose laws to the National Assembly; activities of the regime; propose alternatives to the nation, work to the alternation of power by legal means while playing the role of the cabinet.
Art. 12 − the role of opposition is to express objective criticism and by providing citizens an alternative to the policy defined and applied by the decision maker political exercise.
Art. 13 opposition members must be represented in the various commissions established within the National Assembly, and President is at least a commission.
Art. 14 opposition control mission is to: − challenge the policy maker of the continuation of the implementation of the laws passed in the National Assembly;
questions written or oral to any policy maker affected by the application of the laws voted;
to report to citizens on the result of interpellations, written and oral questions do.
However, the opposition must especially refrain from any disparagement or defamation of the personalities which she criticizes the action or ideas. In this context, freedom of expression is assured for the opposition, it is limited only by the law and respect for the dignity of individuals and their physical and moral integrity.
Art. 15 procedures to conduct the inquiry and questions following - on will be fixed by a regulatory act.
Title IV of the rights and benefits and OBLIGATIONS of the OPPOSITION chapter first of rights and benefits Section of the leader of the opposition first official art. 16 the leader of the opposition official represents the opposition for the smooth running of the Affairs of the State and the democratic representation of the plan.
For the effectiveness of this function of representation, the following rights are recognized in the official opposition leader: 1. the right of belonging of right to the office of the National Assembly; 2. the right to media coverage of the events related to the accomplishment of its mission; 3. the right to take the floor first for a period of fifteen minute sessions reserved for questions to the Government; 4. the right of reply to messages and other interventions-profile of the President of the Republic or the head of Government; 5. the right to participate in the meeting of the Conference of Presidents of the National Assembly; 6. the right to have a ceremonial rank equivalent to that of Vice President of the National Assembly; 7. the right to receive or to be received by the diplomatic missions accredited to Madagascar and foreign personalities visiting Madagascar; 8. the right to be invited in all the official ceremonies of the Republic; 9. the right to participate in indoor and outdoor missions required Parliament's work; 10. the right to propose the appointment of: − two members within the High Council for the Defense of democracy and the rule of law, three members within the independent National Electoral Commission, a member of the National Council of Justice.
Art. 17 − in addition, he enjoys the formal and material benefits relating to its function, such as: − sufficient financial resources for an efficient management of its secretariat, its travel and research expenses. Security close; housing; a service vehicle; a diplomatic passport.
Art. 18 the leader of the opposition official has the same allowance system as the Vice President of the National Assembly.
Section 2 of the members of the opposition art. 19 opposition: is entitled to a post of Vice President in the National Assembly; has the right to propose the convening of an extraordinary session of the National Assembly; has the right to apply directly to the Government during the plenary sessions; is entitled to freedom of information on all important issues relating to the life of the Nation or discussed in Parliament. enjoys the rights conferred by the Act on political parties.
In addition, the Presidency of at least a commission in the National Assembly is attributed to a parliamentarian of the opposition.
Chapter II obligations Section first of the leader of the official opposition art. 20 the leader of the opposition official is required to: − ensure fully its functions; actually represent the opposition as well as his beliefs in all public bodies; account for his activities with the opposition and with citizens.
Section 2 of the members of the opposition art. 21 - It is the duty of the opposition of:-scrupulously respect the Constitution, the laws and regulations in force; -preserve the best interests of the nation; -contribute to the development of the democratic spirit. -cultivating nonviolence as a form of democratic expression; -promote the direct consultation in the context of a political dialogue on issues of national interest.
Art. 22 − to establish real alternating democratic and political, the opposition members lend their contest to the leader of the official opposition: to education of citizens; to education of members; to criticism objective measures of the Government, as well as useful suggestions; to respect for the obligations arising from the law on political parties.
However, the opposition must ensure does not unnecessarily impede the action of the Government or of the presidential team and strive instead to improve them in the general interest.
If the opposition members enjoy, either directly as their members of Parliament, either because of their membership in a group, a number of rights, they have to exercise their own mission, no special prerogative allowing them to escape from the law of the majority when it applies.
Title V of the debate democratic Art.23 there shall be established an official democratic debate between the opposition leader and the Prime Minister all the third Friday of the month of January and the first Friday of the month of July. In addition, a periodic debate is organized between the leader of the official opposition and members of the Government and which will be transmitted on the public media channels.
Title VI provisions final art. 24 - In the event the rights of opposition provided by this Act, the parties or political groups injured can enter the administrative Chamber for the restoration of their rights.
Art. 25 - All measures relating to the application of this Act will be taken by regulatory means.
Art. 26 - This Act shall be published in the Official Journal of the Republic. It will be run as a law of the State in Antananarivo, August 18, 2011. The PRESIDENT of the Council superior of the TRANSITION RASOLOSOA Dolin. The PRESIDENT of the Congress of the TRANSITION RAHARINAIVO Andrianantoandro