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Madagascar

Madagascar has dedicated counterterrorism legislation from 2014. There is no carve-out for the exercise of fundamental human rights.

Compliance with International Law:
Last updated: one year ago

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.

 

Adherence to Global Terrorism Treaties
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.

 

Adherence to Regional Terrorism Treaties
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.

Downloads

Code Pénal du Madagascar

2014 Law on Terrorism (French original)

Madagascar 2018 Law on Terrorism Financing (French original)