Madagascar
Madagascar has dedicated counterterrorism legislation from 2014. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
“Terrorist act” is defined in the 2014 counterterrorism law as
any act that constitutes an offence under the universal conventions and treaties on terrorism as well as any other act intended to cause death or serious bodily harm to a civilian or other a person who does not take a direct part in hostilities in a situation of armed conflict, when, by its nature or context, this act is intended to intimidate the population or compel the Government or an international organization to perform or refrain from performing any act.Art. 1, 2014 Counterterrorism Act.
The definition was reiterated in the 2018 Law on Terrorism Financing.
Adherence to Global and Regional Terrorism Treaties
Madagascar is a State Party to all of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
Madagascar is also a State Party to one regional treaty on terrorism.
Treaty | Adherence |
---|---|
1999 Algiers Convention | State Party |
2004 Protocol to the Algiers Convention | Signatory |
Laws and Penalties for Terrorist Offences
Hijacking is punishable by between five and twenty years of forced labour.Art. 2, 2014 Counterterrorism Act.A similar punishment is stipulated for hostage-taking.Art. 6, 2014 Counterterrorism Act.Also punishable with between five and twenty years of forced labour is terrorist financing.Art. 11(1), 2014 Counterterrorism Act.
Counterterrorism Capacities and Policies at Domestic Level
The Gendarmerie Nationale (Zandarimariam-pirenena) is the national police force of Madagascar.
A 2018 law addresses the financing of terrorism.