Violations during tense electoral period; HRDs and whistleblowers continue to be intimidated, arrested and prosecuted

General

Presidential and legislative elections amid tense political climate, civic space violations

Controversial presidential elections were held on 16th November 2023, amid low voter turnout and an opposition boycott, in which incumbent president Andry Rajoelina was re-elected for another term in the first round of elections. Ten out of 13 candidates, cleared to run in the elections, called on voters to boycott the elections. The so-called ‘Collectif des 10’ (Collective of 10), the ten opposition candidates boycotting the elections, held unauthorised street protests almost on a daily basis in Antananarivo in the weeks leading up to the elections, several of which were met with tear gas, batons and arbitrary arrests of protesters and bystanders.

Opposition claim that Andry Rajoelina is not eligible to run for president as he acquired French citizenship in 2014, which they say would automatically revoke his Malagasy nationality while also creating unfair electoral conditions.

Ahead of the official campaign period, authorities restricted civic space, including the right to freedom of peaceful assembly. On 1st April 2023, authorities had already announced a blanket ban on political demonstrations in public places, mandating they could only take place in “enclosed spaces”.

While the voter turnout was historically low - 43.8 percent – the CSO Observatoire SAFIDY, who deployed 5,000 electoral observers in the country’s 23 regions, noted a “proliferation of bad electoral practices on a national scale” before and during the presidential poll, including vote-buying, practices denied by authorities. On 29th November 2023, during a press conference in Antananarivo, officials of Emmo – Nat, the entity that unites Madagascar’s security forces (the army, gendarmerie and police) said they would not tolerate ‘any destabilisation’ ahead of the announcement of official results of the presidential elections.

On 29th May 2024, Madagascar held legislative elections, to elect 163 members of parliament. Ahead of the announcement of official results, security forces again reportedly warned against any disturbance related to the electoral results, a warning strongly condemned by civil society platform Rohy.

The legislative elections were also marred by violations. For example, on 31st May 2024, dozens of Malagasy police officers forcibly removed member of parliament Marie Jeanne d’Arc Masy Goulamaly from her residence in Tsihombe district in southern Madagascar, without a search or arrest warrant. She was driven to Ambovombe, where she was kept under arbitrary house arrest. The MP was accused of orchestrating protests after she denounced voting irregularities in the district. Protests erupted on 31st May 2024, shortly after Marie Jeanne d’Arc Masy Goulamaly, together with another candidate, Vontsoa Christian, submitted an official complaint to relevant authorities.

Reprisals against, intimidation of opposition candidates for filing complaints about electoral irregularities

In a statement issued on 20th June 2024, UN Human Rights Office spokesperson Thameen Al-Kheetan said that several opposition members and independent candidates were reportedly subjected to reprisals, threats and other acts of intimidation after having queried the conduct of the legislative elections. A number of opposition members and leaders reported having received threatening calls ahead of and after the legislative elections. Furthermore, two independent candidates have been charged with ‘arson’ and ‘attacks against state security’ after they filed complaints about electoral irregularities. Before they were charged, they were reportedly placed under house arrest for a period of 17 days.

Peaceful Assembly

Arrests, excessive use of force during opposition protests surrounding elections; prosecution of protesters

Ahead of the presidential elections, the Collective of 10 organised several protests to denounce what they call ‘a institutional coup’ and to demand free and fair elections. Collective of 10, the ten opposition candidates boycotting the elections, held unauthorised street protests almost on a daily basis in Antananarivo in the weeks leading up to the elections, several of which were met with tear gas, batons and arbitrary arrests of protesters and bystanders.

For example, on 11th November 2024, security forces reportedly used tear gas, while protesters erected barricades and threw stones at security forces in an opposition protest by the Collective of 10 in Antananarivo to demand the postponement of the presidential elections. According to the gendarmerie, 11 protesters were arrested and four members of the security forces injured. On 6th November 2023, security forces dispersed protesters who attempted to gather and protest at the Place du 13-Mai in Antananarivo, despite a ban issued in October 2023 by the prefect of the city on gathering at that emblematic square. Opposition presidential candidate Jean-Jacques Ratsietison was briefly detained. Two days earlier, on 4th November 2023, security forces used tear gas against protesters attempting to reach the Place du 13-Mai. 11 protesters were reportedly arrested.

On 8th November 2023, Member of Parliament Fetra Ralambozafimbololona was arrested during another protest of the Collective of 10, along with ten other people. The MP is accused of incitement and participation in an unauthorised demonstration, and was provisionally released and placed under judicial control on 17th November 2023. The case was referred to the High Constitutional Court in February 2024. The ten other people arrested along with MP Ralambozafimbololona that day were sentenced on 6th February 2024 to a ten month suspended prison sentence and a suspended fine of 500,000 ariary (approximately 110 USD) for ‘unlawful assembly’ and ‘violence against security officers’.

In October 2023, UN Human Rights Office spokesperson Seif Magango had already issued a statement expressing his concerns on the use of “unnecessary and disproportionate force” against peaceful protesters by security forces ahead of the elections. Furthermore, he said that public order processes, such as obtaining authorisation for peaceful protests, should not be used to deny or discourage peaceful assemblies.

Protest against long power interruption in Tamatave

On 14th March 2024, people in Tamatave gathered to protest against a prolonged power outage. Protesters reportedly burnt tyres, threw stones and pieces of wood at security forces, who used tear gas. Four people were reportedly arrested.

Association

Environmental HRD detained for protesting against harmful mining project

On 27th August 2024, security forces arrested civil society activist Solonarivo Tsiazonaly for ‘unauthorised demonstration and disturbance of public order’. Tsiazonaly was involved in the organisation of a protest in Tuléar against a possible re-opening of the mining project Base Toliara that was recently bought by an international US mining company, which opponents say would have dire consequences for the ecosystem, the environment and the health of lives of local residents.

The organisers had submitted a request to demonstrate several days before the protest, which was banned by the prefect of Toliara. As the notice of the ban was only received on the evening before the protests, protesters from the area had already arrived. On 27th August 2024, security forces were reportedly deployed to the starting point of the demonstration, preventing protesters from gathering. Additionally, Solonarivo Tsiazonaly was arrested, and only released after reportedly being forced to sign an undertaking promising to stop participating in ‘strikes’ against Base Toliara.

In a statement issued by several CSOs, including Réseau des Jeues pour le Développement Durable (Youth Network for Rural Development) and Femmes en Action Rurale de Madagascar (Women in Rural Action of Madagascar), they condemned the intimidation and harassment of HRDs and the violation of the fundamental right to peacefully protest.

Whistleblowers, HRDs sentenced to prison

On 29th April 2024, the Court of Antalaha sentenced HRD and whistleblower Marie Natassa Razafiarisoa to a prison sentence of three years and two months – of which 20 months were suspended – and a fine of 200,000 ariary (approximately 44 USD) for ‘verbal death threat’, ‘destruction of fence and complicity in destruction of fence’ and ‘insulting a state agent’. Razafiarisoa, president of the CSO Tanora Tia Fivoarana SAVA, which works on youth empowerment and human rights in Sambava, was taken into custody on 22nd November 2023 after having been questioned by the Sambava Gendarmerie Brigade. This followed a complaint by an owner of land in Moratsiazo, Sambava, which is the subject of a land dispute with residents and blocks access. Two weeks before her detention, on 7th November 2023, Razafiarisoa had visited eight youth who had been placed under preventive detention at the Antalaha prison on accusations of having destroyed a fence and a partial wall erected on the land, in order to propose legal representation.

On 23rd November 2023, an investigating judge charged Razafiarisoa with ‘complicity in the destruction of a fence’ and provisionally released her, albeit under judicial supervision for a period of six months, with a trial date set for 26th January 2024. However, on 13th December 2023, the Sambava gendarmerie summononed Marie Natassa Razafiarisoa and placed her in custody again, in relation to a Facebook post in which she condemned the injustices being perpetrated against residents in Moratsiazo and the inaction of local police. Two days later she was brought before the Court of Antalaha, where she was charged with ‘making death threats’ and ‘insulting a law enforcement officer’ and sent to the Antalaha prison.

In another development, on 21st November 2023, the Antananarivo Criminal Court sentenced anti-corruption HRD Thomas Razafindremaka to a prison sentence of two years and a fine of 100,000 ariary (approximately 22 USD) after having found him guilty of fraud and usurpation of title. The sentence is considered by human rights organisations to be a reprisal for his work as a HRD. The sentencing reportedly follows a complaint from a third party, accusing Razafindremaka of “having interfered in functions assigned to bailiffs and lawyers, as well as to use fraudulent manoeuvres to persuade and defraud others”.

Razafindremaka is the president of the association Gny To tsy mba Zainy (GTZ) and works on anti-corruption and land grabbing of small farms in the region of Ihorombe. Lalaina Rakotonirina, general director of CSO Ilontsera commented to RFI:

Thomas Razafindremaka was previously arrested in February 2020 on similar charges after having filed a corruption complaint against the president of the District Electoral Commission and the deputy candidate of Ihosy in the context of the legislative elections in May 2019. The HRD’s lawyer has appealed the sentence, while the detention of Thomas Razafindremaka has not yet been ordered.

On 21st February 2024, the UN Special Rapporteur on Human Rights Defenders, Mary Lawlor, together with other UN Special Procedures, sent an official communiqué to the government of Madagascar expressing their concerns on the harassment, detention and prosecution of HRDs. The Malagasy authorities, however, failed to respond to these concerns within the 60-day deadline.

For years, civil society in Madagascar has been advocating for a law on the protection of human rights defenders and whistle blowers.

Electoral observers subjected to intimidation, threats

Since the start of the presidential electoral campaign, members of electoral observatory Observatoire SAFIDY have been subjected to intimidation, threats and reprisals - in particular at the regional level - in relation of their electoral observation work. Observatoire SAFIDY has been accredited to observe the elections.

Sorotombake Mbale, observer for SAFIDY in Ambovombe, Androy region, had been warned against reporting any electoral irregularities by elements of local authorities. On 18th November 2023, two days after having alerted SAFIDY of irregularities, Mbale was summoned to the Anti-Corruption Bureau in Antananarivo. After reportedly having been questioned on 24th November 2023, he was placed under preventive detention in Antanimora prison on accusations of forgery and false usage of public documents and taking bribes. Mbale was released pending trial, which is to take place in November 2024.

Expression

Attacks on journalists

In the weeks leading up to the presidential elections on 16th November 2023, a dozen journalists were physically attacked by police and supporters of incumbent president Andry Rajoelina. According to Reporters without Borders (RSF), nine reporters were injured on 4th November 2024 when a gendarme projected tear gas and stun grenades at the feet of reporters who were covering an opposition protest in Antananarivo. Video reporters Leonardjo Andriamparany of Real TV and Doph Rakotoniaina of Dream’in sustained leg and hip injuries as a result of an exploding stun grenade. Fréquence Plus reporter Finoana Razafijaonimanana had a minor injury in the leg from stun grenade shrapnel. RSF further said that video footage showed the gendarme deliberately kicked the grenade towards the journalists.

Weeks earlier, on 13th October 2024, individuals believed to be supporters of incumbent president Andry Rajoelina verbally attacked Kolo TV journalist Gaëtan Andriatsilavohery and Real TV reporter Mickaella Andrianjaka. Meanwhile, journalist Takinirina Rafalimanana’s phone was snatched out of his hands when he was covering the pro-Rajoelina rally that took place on that day.

Journalist summoned

On 11th December 2023, the criminal research section of the gendarmerie interrogated

journalist Fenosoa Gascar after he and politician Christian Tabera were summoned for questioning over a broadcast. According to media, Tabera is accused of having incited security forces to stage a military mutiny during an interview with the journalist on Real TV on 4th December 2023. The two were reportedly informed that the case had been transferred to the public prosecutor.