After its confirmation of the first cases of COVID-19, in March 2020, the government cancelled all international flights and announced a lockdown in the capital, starting on 22 March. Authorities gradually relaxed these measures, allowing schools and stores to reopen and reducing curfews. This was followed by a surge in new COVID-19 cases across the […]
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DETENTION STATISTICS
Migration Detainee Entries
Not Available
2019
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2017
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2005
2017
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2015
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2005
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2005
2017
Ratio of relevant international treaties ratified
Ratio: 15/19
Relevant Recommendations or Observations Issued by Treaty Bodies
Treaty Body
Committee on Migrant Workers
Recommendation Year
2018
Recommendation Excerpt
§36. "The Committee recommends that the State party:
(a) Ensure that the detention of migrants is an exceptional measure of last resort applied for the shortest possible time, that grounds are specified in each case, giving the reasons why alternative measures cannot be implemented, and that the measure is reviewed in under 24 hours by an independent and impartial judicial authority; (b) Adopt alternatives to immigration detention for migrant workers and members of their families who have violated migration legislation and for those who are awaiting expulsion from the national territory; (c) Ensure that, in exceptional cases where detention cannot be avoided, migrant workers and members of their families are placed in special facilities, that they are held separately from ordinary prisoners and that conditions of detention comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), in accordance with the commitments made in 2014 as part of the universal periodic review process (A/HRC/28/13, para. 108.118); (d) Include, in its next periodic report, detailed information, disaggregated by age, sex, nationality or origin or both, on the number of migrant workers currently held in administrative detention for immigration offences and on the place, average duration and conditions of their detention."
(a) Ensure that the detention of migrants is an exceptional measure of last resort applied for the shortest possible time, that grounds are specified in each case, giving the reasons why alternative measures cannot be implemented, and that the measure is reviewed in under 24 hours by an independent and impartial judicial authority; (b) Adopt alternatives to immigration detention for migrant workers and members of their families who have violated migration legislation and for those who are awaiting expulsion from the national territory; (c) Ensure that, in exceptional cases where detention cannot be avoided, migrant workers and members of their families are placed in special facilities, that they are held separately from ordinary prisoners and that conditions of detention comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), in accordance with the commitments made in 2014 as part of the universal periodic review process (A/HRC/28/13, para. 108.118); (d) Include, in its next periodic report, detailed information, disaggregated by age, sex, nationality or origin or both, on the number of migrant workers currently held in administrative detention for immigration offences and on the place, average duration and conditions of their detention."
Sources
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, "Concluding Observations on the Initial Report of Madagascar," CMW/C/MDG/CO/1, 15 October 2018, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CMW%2fC%2fMDG%2fCO%2f1&Lang=en
> UN Special Procedures
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
Recommendation Issued
No
Year Issued
2010
Sources
Report of the Working Group on the Universal Periodic Review* Madagascar A/HRC/14/13, 26 March 2010 https://www.upr-info.org/sites/default/files/document/madagascar/session_7_-_february_2010/ahrc1413madagascar.pdf
Recommendation Issued
No
Year Issued
2014
Sources
Report of the Working Group on the Universal Periodic Review* Madagascar, A/HRC/28/13, 23 December 2014 https://www.upr-info.org/sites/default/files/document/madagascar/session_20_-_october_2014/a_hrc_28_13_e.pdf
Recommendation Issued
Yes
Year Issued
2019
Sources
Human Rights Council, "Report of the Working Group on the Universal Periodic Review: Madagascar," A/HRC/43/13, 17 December 2019, https://uhri.ohchr.org/Document/File/7755d2a2-5f4b-44c8-9eaf-daa997fbbe66/3EDB03C0-92A0-4B09-983C-F1E67C5C7620
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
After its confirmation of the first cases of COVID-19, in March 2020, the government cancelled all international flights and announced a lockdown in the capital, starting on 22 March. Authorities gradually relaxed these measures, allowing schools and stores to reopen and reducing curfews. This was followed by a surge in new COVID-19 cases across the country; authorities subsequently announced a new lockdown in July, including the closure of schools and universities and cancellation of all non-essential travel. As of mid-December 2020, Madagascar had recorded nearly 17,600 COVID-19 cases and 259 deaths.
In April, President Andry Rajoelina launched “Covid-Organics,” a tea based on the plant Artemisia annua containing antimalarial properties. According to the Telegraph, after only having conducted two weeks of trials, the president began promoting it to the Malagasy public.
According to the Malagasy Ministry of Foreign Affairs, some 2,400 nationals were stranded abroad in March 2020 as a consequence of the closure of national borders. On 12 November, the IOM reported that after being stranded for some nine months, 75 Malagasy women returned to the country from Saudi Arabia via a flight chartered by the IOM. In June, IOM supported the return of 177 Malagasy nationals from Kuwait and 54 Malagasy nationals from Lebanon in October.
The GDP has been unable to establish the extent to which detention facilities are used in Madagascar as part of immigration enforcement procedure or to obtain details on COVID-19 related measures taken to safeguard people in immigration custody. However, the use of detention in migration procedures has previously been reported. In its concluding observations in 2018, the Committee on Migrant Workers stated that it was concerned about: “(a) Detention for breach of migration legislation, without recourse to a supporting explanation appropriate to the individual case and based on necessity; (b) The lack of information on alternatives to the detention of migrant workers, including those in an irregular situation, especially for unaccompanied children and families with children; (c) The lack of information and the conditions and maximum period of administrative detention of migrants awaiting expulsion.” The Committee recommended that Madagascar: (a) Ensure that the detention of migrants is an exceptional measure of last resort applied for the shortest possible time … (b) Adopt alternatives to administrative detention for migrant workers and members of their families … (c) Ensure that, in exceptional cases where detention cannot be avoided, migrant workers and members of their families are placed in special facilities, that they are held separately from ordinary prisoners and that conditions of detention comply with the United Nations Minimum Rules for the Treatment of Prisoners.”
As regards the country’s prison system, on 27 June 2020, the president granted official pardons to all male prisoners over the age of 60, all female prisoners over the age of 55, and prisoners that have already served more than 10 years, including those sentenced to life in prison. In addition, all detainees whose prison sentence is less than three months and all minors having served half of their sentence were also released. In consequence, hundreds of prisoners were released on the same day. However, the measure only concerns sentenced prisoners (representing about 50% of the carceral population) and excludes any prisoners sentenced for corruption, money laundering, embezzlement, murder, damage to natural resources, and repeat offenders.
Government Agencies
Ministry of Foreign affairs - https://www.diplomatie.gov.mg/
Ministry of Justice - https://www.justice.mg/
International Organisations
UNHCR - https://www.unhcr.org/where-we-work/countries/madagascar
IOM - https://www.iom.int/countries/madagascar
NGO & Research Institutions
Caritas - https://www.caritas.org/where-caritas-work/africa/madagascar/
Amnesty - https://www.amnesty.org/en/location/africa/southern-africa/madagascar/report-madagascar/
