reasons for the establishment
of so many special
tribunals
and procedures,
notably
in the case of oEfences
such as the theft
of cattle,
the specific
character
and mode of operation
of each of these courts
and whether there were
possibilities
of appeal from their decision.
52G. With regard to these questions, the representative
of the State party
explained that decentralieed
communities were traditional
structures
which
had been embodied in the administrative,
legal and institutional
system
of Madagascar since 1975. These were assemblies of people practising
self-government
on a voluntary
basis, the members being elected by universal
suffrage in the case of the lower communities and by limited suffrage in the
case of higher assemblies, the structure
being pyramidal.
Although the
Constitution
gave them broad powers for the administration
or maintenance of
order it had not fully
defined them and it was therefore
proposed to review
their structure.
527. With regard to the organisation
and independence of the judiciary,
the
representative
explained that no decisions of the Constitutional
High Court or
the Supreme Court had made reference to the Covenant.
The independence of the
judiciary
was expressly enshrined in article
83 of the Constitution
and
guaranteed by the Supreme Court.
The Supreme Court had recently been
reorganieed and a supervisory
body of professional
judges elected by the
People’s National Assembly had been established.
The organization
of the
judiciary
and the separation between the executive and legislative
branches
was being redefined.
The constitutional
reform was intended to establish an
executive responsible to Parliament.
The Constitutional
High Court would
shortly be abolished.
Cases could be referred to it by the President of the
Republic, the People’s National Assembly and individuals,
Xt could also take
up issues on its own initiative
when it believed that the Constitution
had
been violated.
528. The special tribunals
had not been established by the Constitution.
Some
of them went back to colonial
times.
The theft of cattle was a menace to
society and a serious focus of criminal activity,
which had on occasion
In an effort
to control the
degenerated into tribal
and regional wars.
problem, the State had set up special tribunals
which unhappily had not been
able to bring the banditry
to an end. The creation of the special economic
tribunal
in response to the growth of the black market and corruption
had been
intended to serve an essentially
psychological
purpose.
The establishment of
other organs had not sufficed to resolve
major
economic and social problems,
and it was proposed to abolish them when the judiciary
was reorganised.
The
peripatetic
tribunals
were not special tribunals.
They were intended to
provide for the geographical decentralisation
of the justice system
necessitated by the size of the country and the few judges available.
529. With reference to measures taken in response to findings of the Committee
under the optional Protocol,
the representative
explained that all the persons
mentioned had been released and were leading a normal life in Madagascar or
had left the country..
One of the complainants was continuing to make
complaints to the Committee.
530. The commitments given by the Malagasy authorities
to the major
international
financial
and monetary institutions
had resulted in serious
difficulties.
Structural
adjustment, successive devaluations,
external
trade
-,130-
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