Madagascar
Mine Ban Policy
The Republic of Madagascar signed the Mine Ban Treaty on 4 December 1997 and ratified it on 16 September 1999, becoming a State Party on 1 March 2000. Madagascar has never used, produced, or exported antipersonnel mines, and it does not have a stockpile, despite some indications that it may have had a stockpile of mines prior to becoming a State Party. Madagascar has not enacted new legislation specifically to implement the Mine Ban Treaty. Madagascar submitted its 10th Mine Ban Treaty Article 7 report on 3 August 2011.
Madagascar attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, but did not attend the intersessional Standing Committee meetings in Geneva in June 2011.
Madagascar is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war.
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
|
Convention on Cluster Munitions status |
Signatory |
|
Participation in Convention on Cluster Munitions meetings |
Attended Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014 |
|
Key Developments |
Political obstacles to ratification removed with new president and parliament in place |
Policy
The Republic of Madagascar signed the Convention on Cluster Munitions on 3 December 2008. In April 2014, Madagascar stated that it is determined to complete ratification of the Convention on Cluster Munitions at the earliest possible date now that its new president and parliament are in place.[1] The political crisis that followed a 2009 coup and subsequent transitional government arrangement had restricted Madagascar from undertaking long-term initiatives, such as ratification of the convention.[2]
Since 2011, Madagascar has provided regular updates on its prospects for ratification of the Convention on Cluster Munitions.[3] In September 2013, it informed States Parties that presidential and parliamentary elections meant a return to constitutional order that would allow ratification of the convention to move forward in 2014.[4] An official informed the CMC that ratification documents had been prepared in anticipation.[5]
Madagascar participated in the Oslo Process that created the Convention on Cluster Munitions and advocated for a strong and comprehensive convention text.[6] It continued to actively engage in the work of the convention in 2013 and the first half of 2014. Madagascar participated in the convention’s Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014. It also attended a workshop on the universalization of the convention for African diplomatic missions in Geneva in February 2014.
At the intersessional meetings in April 2014, Madagascar urged all countries that have not yet acceded to join the Convention on Cluster Munitions in solidarity with those who have suffered from the use of the weapons.[7]
Madagascar has strongly condemned the Syrian government’s use of cluster munitions. At the Fourth Meeting of States Parties in September 2013, Madagascar said it “forcefully condemns the use of these weapons that do nothing but make innocent civilians suffer, as is happening in Syria. It is our duty to condemn these barbaric acts in the spirit of all related conventions of International Humanitarian Law.”[8] At the convention’s intersessional meetings in April 2014, Madagascar stated that “some entities do not hesitate to resort to the use of these weapons. [Madagascar] strongly condemns these barbarous acts which go against the efforts of the international community. Therefore, we urge all states to respect the provisions of the Convention on Cluster Munitions.”[9]
Madagascar has also voted in favor of recent UN General Assembly (UNGA) resolutions condemning the cluster munition use, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[10]
Interpretive Issues
Madagascar has stated its views on a number of issues relating to interpretation and implementation of the Convention on Cluster Munitions. It has stated that any investment in cluster munitions should be prohibited because of the unacceptable suffering caused by these weapons.[11] Similarly, it has stated that it would not allow any transit or foreign stockpiling of cluster munitions on its territory.[12] In regard to the issue of “interoperability,” Madagascar has stated it would refuse to provide assistance in military operations with states not party to the convention who might use cluster munitions and that in its view “assistance to prohibited acts during joint military operations with non State Parties is not permitted by the Convention.”[13]
Madagascar is party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Madagascar has stated on several occasions that it has never used, produced, transferred, or stockpiled cluster munitions.[14]
[1] Statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014.
[2] Statement of Madagascar, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.
[3] Letter No. 361-13/RP/GNV/CCM to Mary Wareham, Human Rights Watch from Solofo Andrianjatovo Razafitrimo, Counsellor of Foreign Affairs, Permanent Mission of Madagascar to the UN in Geneva and Vienna, 24 April 2013; statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 17 April 2012; and statement of Madagascar, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.
[4] Statement of Madagascar, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.
[5] CMC meeting with Olivier Volatahiana Ranaivomanana, Head of Division of Political and Security Affairs, Ministry of Foreign Affairs, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.
[6] For details on Madagascar’s cluster munition policy and practice up to early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 114.
[7] Statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014; statement of Madagascar, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 13 September 2012; and statement of Madagascar, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by AOAV.
[8] Statement of Madagascar, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013. Unofficial translation by the Monitor.
[9] Statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014. Unofficial translation by the Monitor.
[10] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Madagascar voted in support of a similar resolution on 15 May 2013. It also endorsed the Lomé Strategy in 2013, which expresses grave concern over “the recent and on-going use of cluster munitions” and calls for the immediate end to the use of these weapons. “Lomé Strategy on the Universalization of the Convention on Cluster Munitions,” Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 23 May 2013.
[11] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; and letter from Amb. Rajemison Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010.
[12] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; statement by Gen. Marcel Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008; and letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010.
[13] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010. When signing the convention in 2008, the foreign minister said that the question of “interoperability” (joint military operations with states not party) should not constitute a barrier for countries to sign the convention. He stated that the goal is to encourage those outside of the convention not to resort to the use and transfer of cluster munitions. Statement by Gen. Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008.
[14] Statement of Madagascar, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by AOAV; statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010; and statement by Gen. Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008.