REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana law n ° 2004-023 relative to the issuance of supplementary birth certificates of judgements, as part of "Operation national identity card" explanatory qualified elector and the exercise of the right to vote are still dependent on the possession of national card of identity whose acquisition is justified by acts of birth while many malagasy citizen have not yet.
This law is thus intended to allow: on the one hand, to consolidate the process of democratization in Madagascar; and on the other hand, all those who have acquired the quality of voters, to exercise the right to vote and to expand the electorate.
The issuance of birth certificates supplementary judgments will be made as part of a national identity, in the long term, starting this year and until January 31, 2007, by two months card, and coinciding with the annual period of the Census of the population and the revision of the electoral lists.
To be carried out during this operation, at the same time and for every citizen, the issuance of: supplementary judgment of birth certificate; national identity card; voter card.
This is the purpose of this Act.
REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana law n ° 2004-023 relative to the issuance of supplementary judgments of birth certificates, as part of 'Operation national identity card' the National Assembly and the Senate have adopted in their respective session dated June 17, 2004 and July 15, 2004, the law whose content follows: Article first - this Act sets the terms of issuance of supplementary judgments of birth records , as part of the national identity card operation.
Art 2 - The provisions of articles 68 to 71 of Act No. 61-025 of 09 October 1961 relating to the acts of civil status are applied mutatis mutandis under operation card, national identity, from the period of the enactment of this Act until January 31, 2007.
Art 3 - All the magistrates courts, as well as prefects, sub - prefects and their deputies exercise respectively the responsibilities defined in article 2 above, in the spring of their jurisdiction or in their administrative district.
Art 4 - Special mobile courts hearings for the issuance of birth certificates supplementary judgments can be held in the Chief places of Fivondronampokontany and places of Commons heads on the initiative of the land with the mayors and prefects.
Art 5 - By derogation to articles 6 to 15 of the Ordinance No. 60-107 September 27, 1960 with reform of the judicial organization, and article 39 bis of the Code of Civil Procedure, procedures for judgment supplementary purpose of birth records are not subject to discovery.
The presence of a magistrate of the Public Prosecutor to the special courts is not required.
2 art 6 - All magistrate sitting in special fair hearing can be assisted by an ad hoc clerk.
Art 7 - Prefects, the sous-préfets, their respective deputies, as well as ad-hoc clerks, sitting in special courts must take an oath in writing, "well and faithfully perform their duties and to observe all obligations which they impose on them".
The said oath is sent by the prefect or sub-prefect to the President of the Tribunal, whose jurisdiction is part of the concerned administrative district.
Art 8 - a brief minutes can replace the permanent record of the hearing provided for in article 182 of the Code of Civil Procedure.
An expedition of the judgment will be addressed to the Ministry of Justice.
Art 9 - Benefits package, whose rate will be set by the Government, will be allocated to judges, préfets and sous-préfets as well as agents and other personnel put in service, within the framework of execution of the grant of supplementary judgments.
Art 10 - Due to 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 has received a sufficient publication by radio or television broadcast, by way of kabary or display, regardless of its insertion in the Official Journal of the Republic.
3 art 11 - This Act shall be published in the Official Journal of the Republic.
It will be run as State law.
Antananarivo, July 15, 2004, the PRESIDENT of the National Assembly, the PRESIDENT of the Senate, LAHINIRIKO Jean RAJEMISON RAKOTOMAHARO 4 5