Constitution

Madagascar 2010 Constitution

Table of Contents

TITLE I. OF THE FUNDAMENTAL PRINCIPLES

Article 1

The Malagasy People constitute a nation organized as a sovereign, unitary, republican and secular State.

This State bears the name of « Republic of Madagascar »

Democracy and the principle of the State of law constitute the foundation of the Republic. Its sovereignty is exercised within the limits of its territory.

No one may infringe the territorial integrity of the Republic.

The national territory is inalienable.

The law determines the modalities and the conditions relative to the sale and to the perpetual lease of terrain to the profit of foreigners.

Article 2

The State affirms its neutrality concerning the different religions.

The secularism of the Republic is based on the principle of the separation of the affairs of the State and of the religious institutions and of their representatives.

The State and the religious institutions prohibit themselves from any infringement of their respective domains.

No Head of Institution nor any member of the Government may be part of the directing authority of a religious Institution, under penalty of being relieved by the High Constitutional Court or being removed, of office, from their mandate or their function.

Article 3

The Republic of Madagascar is a State based on a system of Decentralized Territorial Collectivities composed of Communes, of Regions, and of Provinces of which the competences and the principles of administrative and financial autonomy are guaranteed by the Constitution and defined by the Law.

Article 4

The Republic of Madagascar has as its motto: « Fitiavana – Tanindrazana – Fandrosoana ».

Its national emblem is the tricolor flag of white, red, and green, composed of three rectangular bands of equal dimensions, the first vertical of white color on the side of the pole, the other two horizontal, the superior red and the inferior green.

The national language is Malagasy.

The national anthem is « Ry Tanindrazanay malala ô ! »

The Capital of the Republic of Madagascar is Antananarivo.

The seals of the State and the coat-of-arms of the Republic are specified by the law.

The official languages are Malagasy and French.

Article 5

Sovereignty belongs to the People, source of all power, who exercise it by their representatives elected by universal direct or indirect suffrage, or by way of referendum. No faction of the People, and no individual may arrogate the exercise of the sovereignty.

The organization and the administration of all the electoral operations arise within the competence of an independent national structure.

The law organizes the modalities of functioning of that structure.

All nationals of the two sexes enjoying the exercise of their civil and political rights are electors within the conditions determined by the law. The quality of being elector is lost only by a decision of justice becoming definitive.

Article 6

The law is the expression of the general will. It is the same for all, whether it protects, it obligates or it punishes.

All individuals are equal before the law and enjoy the same fundamental freedoms protected by the law without discrimination founded on gender, the level of instruction, wealth, origin, religious belief or opinion.

The law favors the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economical and social life.