foreign minorities
did not take part in the political
life of the country,
but
they had their
own schools
and freedom
to practise their religion
and, in some
Csses, the State gave them subsidies for instruction
in their language.
563. Member6 of the Committee welcomed the quality
of the report, which,
although
it had been late, was in keeping with the general guidelines
concerning the form and contents of report6 (CCPR/C/20), and thanked the
Government for its observations
(CCPR/C(40) an the CoWnittae’S general
comment13 (21) relating
to article
14. They also stressed that the dialogue
between the Committee and the Malagasy delegation had been particularly
constructive,
since the delegation had endeavoured to reply frankly
to the
question6
asked by the member6 of the Committee without trying
to conceal
problems. The clemency that had been shown with regard to prison sentence6
8Iul the various legislative
reforms that had already been undertaken were
It was nevertheless
signs of progress in the protection
of human rights.
noted that structural
readjustment policies had had a considerable impact on
the implementation of the rights guarenteed by the Covenant.
5G4. It was pointed out that the current reform
of the Constitution
provided a
to give the Covenant a prominent place in Malagasy law and to
provide for effective
remedies so that citisens who considered that their
rights under the Covenant had been violated
iould invoke that instrument in
the courts,
Such a reform had also provided 8n opportunity
to reorganise the
judiciary
regulations
in order fully
to guarantee the independence of the
judiciary
in relation
to the other powers, to eliminate court5 of special
jurisdiction
and to bring before the ordinary courts cases which had been
referred to them. Some concerns were expressed with regard, for example, to
conditions of detention resulting
from prison overcrowding:
the local
authorities’
apparent lack of control over thefts of cattle and the resulting
desire for retaliations
the duration of pra-trial
detention:
the exercise of
trade union rights:
the granting of legislative
powers to the executive!
the
question of political
prisonersi
and, in general, the implementation of
articles 6, 7, 9, 10, 11 and 14 of the covenant,
good opportunity
585, The representative
of the State perty assured the members of the
Committee that the comments that had been made would be transmitted
to the
Government and stressed the importance his country
attached to the type of
technical assistance for training
that the United Nations Centre for Human
Rights had given it on a number of occasions,
566. In concluding the consideration
of the second periodic
report of
Msdegascar, the Chairman thanked the Malagasy delegation for its spirit
of
cooperation and its frank replies to the questions asked by the members of the
Committee. He expressed the hope that all the Committee’s comments and
suggestions could be transmitted
to the competent authorities
and, in
Particular,
to the legislative
body that was carrying out the reform of the
CoW3tftution.
In that connection,
he stressed that one way of removing
any
ambiguity about the primacy of the provisions of the Covenant over national
16~ would be to incorporate
the Covenant in netional legislation.
-139-
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