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Law No. 2009-002 On Political Parties

Original Language Title: Loi n°2009-002 relative aux partis politiques

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REPOBLIKAN'I MADAGASIKARA REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana
ION 2009-002 on political parties

EXPLANATORY MEMORANDUM Madagascar currently has over one hundred and eighty registered political parties. However, everyone knows how many of them actually participate in public life. Some only exist in name only, others were created to run for any elective office and lost sight after their electoral defeat, others as a result of specific political circumstances to come forward a little more. Multiparty as enshrined in Ordinance No. 90-001 of 9 March 1990 on the general scheme of associations and political parties has only deteriorate the conditions of exercise of politics. The ordinance that allowed apolitical organizations and even ordinary citizens to stand as candidates in elections seems to be so overwhelmed. She is no longer able to contain the proliferation of political parties to the point that they no longer play the functions assigned to them in the political spectrum: civic education, supervision of its members ...
A new legislative framework which draws on the principles of good governance and social accountability is needed if we are to control this unbridled and unrestrained multiparty system and thus put an end to the opportunist formation of political parties on the day after the announcement of the holding of 'any election. Now, the "policy of professionalization" is required in order to reduce the number of parties and to reserve the political activities only to legally constituted political parties.
This Act is justified in many respects. It allows political parties legally constituted:
- to devote themselves to political activities; - To clean up the political practices by grouping associations
currently existing political parties by reducing the number of political parties in a considerable proportion and the moralization of public life.
It also offers the political parties the right to receive, under the conditions established by this Act, the state subsidies in the pursuit of their missions

2, besides the possibility to fully implement the rules of democratic change and to contribute to the nation's development actions.
Finally, temporarily, a twelve-month period is provided to allow the political parties to comply with the law.
This is the purpose of this Act.

3 REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana
ION 2009-002 on political parties
The National Assembly and the Senate have adopted in their respective session dated January 13 2009 and January 15, 2009, the Act which reads as follows: Article I
- this Act governs the political parties in Madagascar. It also defines the rules for the establishment, organization, operation and financing of political parties.
It guarantees equal opportunities and obligations right of political parties to strengthen democracy and democratic change.

CHAPTER I GENERAL PROVISIONS Art. 2 - The political party means any group of people, sharing the same ideology and the same objectives, in order to defend and implement a political program for the socio-economic development of the nation through the exercise of representation the different institutions at local, regional and national.
It contributes to the formation of the political will, the expression of universal suffrage and the exercise of power through democratic and peaceful means through participation in elections, civic education and political and encouragement the participation of citizens in public life.
It expresses its goals in a political program.
Art. 3 - For the purposes of this Act, the term:
1. Meeting, the meeting of members of regional or local party;
2. Congress, the General Assembly at the national level members or representatives of regional or local branches.
Art. 4 - Every political party must have articles of association, a seat, a political program including civic education and development component.
Art. 5 - Every political party shall, through its objectives and its activities contribute to: 4


1. the defense of democracy and national sovereignty; 2. the consolidation of national independence; 3. safeguarding national unity and identity; 4. safeguarding the national integrity without excluding any business
regional or local integration that would not harm the national interests;
5. the protection of the republican form of the state.
Art. 6 - The creation of a political party should not undermine national unity, integrity of the national territory and to democratic principles. It should not in any way make a discriminatory motivation based on gender, level of education, wealth, origin, race, physical ability or religious belief.
Only individuals can be members of a political party.
Art. 7 - All Malagasy citizens regardless of gender, aged 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.
However, no one can be a member of more than one political party.
Art. 8 - The creation of a political party must be a written statement to be filed or contact the Ministry of Interior.
A receipt is issued after the filing of the creation statement with the annexes as laid down in Article 11 below.
Said receipt does not give legal existence to the party.
Art. 9 - The decree declaring the creation and recognizing the legal personality to the political party must be made within three months of receipt of the declaration of creation and accompanying documents.
In case of refusal, the Ministry of the Interior shall notify the declarant reasons for the deadline of three months.
The refusal is subject to appeal before the competent court.
Art. 10 - The silence of the administration within the time limit implies acceptance of the dossier. In this case, the Ministry of the Interior is required to regularize the situation at the latest within fifteen days. It is for this purpose make an order under section 9 above. 5

The Authority may, as appropriate, request further information to the registrant. In this case, the time limit is suspended until receipt of the response.
Art. 11 - Must be attached to the creation of Declaration, a record containing the original and five copies respectively:
1. statutes which must specify:
- the name of the party; - The object; - The seat, especially affected, acquired free of charge or expensive or
in enjoyment, and located on the national territory; - Emblems, colors and markings; - The rules of constitution and functioning of its organs
management and administration; - Conditions of admission and delisting of its members; - The procedural rules congresses or meetings; - The conditions for amending the statutes; - Patrimonial devolution in case of dissolution.
2. the minutes of the constitutive general assembly, composed of two hundred members at least, endorsed the list of participants initialed; 3
. the rules of procedure; 4. the list of leading members of the party at the central body with their
:
- name; - Date and place of birth (Fokontany, City, District, Region
); - filiation ; - Profession; - Home; - Number, date and place of issuance of the national identity card; - Function within the political party; - Legalized signature.
List must include at least nine members elected leadership which half is representative of at least six regions.
In all cases, a certificate of kinship must accompany the declaration file for the regional and local sections.

6 Art. 12 - A National Register of Political Parties was held at the Ministry of Interior for registration of legally constituted political parties.
Art. 13 - The political party established under this Act has the right to protect its name, emblem, color and other distinguishing marks.

No political party can not use a name, emblem, logo or slogan that coincide with those of a legally established party. It is the same for those likely to create confusion, especially in the event of dissension or resignation, the new party possibly created by dissidents or resign should in no way be fully or partially the name, the emblem, logo or slogan of their original party.
CHAPTER II ORGANIZATION AND OPERATION
PARTY
Art. 14 - Every political party is formed by a central body, regional chapters and local sections.
Art. 15 - No person may be elected executive member of a political party or one of its sections, if it does not meet the following conditions:
- being of Malagasy nationality; - Be aged at least 21 years from the date of the creation of the party; - Have never been convicted of a criminal offense; - Enjoy the fullness of his civic and political rights.
However, any citizen aged 18 years can be charged as an internal management function.
Art. 16 - The leading members of political parties must reside within the jurisdiction of the body to which it belongs.
Art. 17 - The political party must have an executive office composed of the heads and members of an advisory body.
Art. 18 - Every political party must hold a national congress every three years at least under penalty of cancellation.
Art. 19 - The political party must have an internal regulations, containing the rules for the application of the statutes. Copy of the rules is addressed to the Ministry of Interior.

7 CHAPTER III RIGHTS AND OBLIGATIONS OF POLITICAL PARTIES

Art. 20 - The parties have equitable access to public media through a duly appointed by the political party person.
Access to private media is free subject to compliance with laws and regulations.
Art. 21 - Political parties are entitled to be made aware of information that may interest them.
Art. 22 - Political parties registered in the National Register benefit of public financing provided for in Articles 35 and 37 of this Act.
Art. 23 - Political parties can edit documents or periodicals in strict compliance with applicable laws.
Art. 24 - Political parties must, under penalty of cancellation of the National Registry:
1. annually make a declaration of existence; 2. notify the Administration of any change in the life of the party
; 3. establish regional and local branches at the level of at least twelve
Regions within thirty months from the date of creation of the party. The organ of the regional section is composed of at least seven senior members and the organ of local, at least five senior members.
Art. 25 - Political parties are required to participate in national, regional and local elections.
Every political party is removed from the National Registry if it does not, alone or with other political parties, candidates for three consecutive elections by direct universal suffrage, with the exception of the election of the President of the Republic. The radiation was established by order of the Minister of Interior.
In all cases, only a legally constituted political party can present a candidate for election.
Art. 26 - Political parties have the duty to:
1. scrupulously respect the Constitution, laws and regulations;
2. actively participate in the moralization of public life.
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Art. 27 - Political parties must refrain from any actions to promote racism, xenophobia, incitement and / or the use of violence under penalty of dissolution, without prejudice to any criminal proceedings against any author or accomplice of wrongdoing.
Art. 28 - The meetings and public demonstrations of political parties remain subject to the laws regarding public meetings.
Art. 29 - No political party is allowed to create or maintain a military organization, paramilitary or other organization seeking to jeopardize national unity, territorial integrity, order and public security, on pain of radiation.
CHAPTER IV TERMINATION OF POLITICAL PARTY
Art. 30 - The political party is dissolved if:
1. breach of living conditions as provided for in Articles 18 and 26 of this Act;

2. application of Articles 25 and 27 of this Act; 3. merger of two or more political parties; 4. voluntary dissolution provided by the statutes.
In the first two cases, the decision taken by the Administration is likely to annulment by the legislation.
Art. 31 - In case of merger of two or more political parties, the old parties before the merger legally lose their existence and were dropped from the national registration of political parties register. However, the merger remains subject to the approval of the authorized body and under the procedure provided by the statutes of each political party.
Art. 32 - In case of dissolution of the political party, the devolution is set according to statutory provisions. CHAPTER V FINANCIAL PROVISIONS

Art. 33 - Political parties finance their activities from own resources or from external resources.
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Art. 34 - The own resources of political parties include:
1. membership fees and annual dues of members; 2. authorized donations and bequests; 3. Products of legally recognized political parties activities; 4. voluntary contributions and subscriptions of members.
Art. 35 - External Resources parties include:
1. loans taken out in accordance with laws and regulations; 2. donations and bequests; 3. State subsidies; 4. Financial support from partners.
Art. 36 - The value, origin and the use of grants, loans and external source of donations must be transparency.
In all cases, are prohibited all forms of funding from any state or foreign public body and those whose origin is likely to have a direct or indirect link with terrorist networks and / or laundering 'money.
Art. 37 - Only receive financing from the state budget registered political parties in the National Register.
The amount of the allowance is based on the number of votes cast is set by regulation.
Art. 38 - The management of allocated funds must observe the management rules to be defined by regulation.
However, it must clearly show through the source of funds, their destination, and the management body.
Art. 39 - Transparency in the management of resources is required. The political party has an annual financial report.
The implementing rules of this Article shall be specified by regulation.
CHAPTER VI TRANSITIONAL AND FINAL
Art. 40 - The existing political parties or organizations have a transitional period of twelve months from the date of publication of this Act

10 to comply with Articles 8 and following above under penalty dissolution of office.
Art. 41 - Political parties must comply with the obligation to apply for registration in the National Register of Political Parties, in accordance with Article 8 and following of this law.
Art. 42 - The conditions for granting subsidies provided for in Articles 35 and 37 above shall apply only after publication of the results of the upcoming elections.
The first public funding allocations to parties legally constituted under this Act shall be fixed by regulation.
Art. 43 - The regulations establish the system of political parties that do not meet the registration on the National Register under this Act.
Art. 44 - The regulations will set as necessary rules for the application of this Act.
Art. 45 - are and shall remain abrogated all previous provisions contrary to this law, including Ordinance No. 90-001 of 9 March 1990 on the general scheme of political parties or organizations.
Art. 46 - Because of the urgency and in accordance with Article 4 of Ordinance No. 62-041 of 19 September 1962 on general provisions of internal law and private international law, this Act shall take effect immediately once it has received a publication by radio broadcast and television or display regardless of its inclusion in the Official Gazette of the Republic.
Art. 47 - This Law shall be published in the Official Journal of the Republic. It shall be enforced as State law.
Antananarivo, January 15, 2009
THE PRESIDENT OF THE NATIONAL ASSEMBLY, THE PRESIDENT OF THE SENATE,

Jacques Sylla Yvan Randriasandratriniony