Constitution and Institutions of Governance

The Third Republic received its first expression of popular support and legitimacy on August 19, 1992, when the constitutional framework constructed by the National Conference was approved by more than 75 percent of those voting in a popular rÍÍÍÍeferendum (the constitution took effect on September 12). On this date, the people overwhelmingly approved a new constitution consisting of 149 articles that provided for the separation of powers among the executive, legislative, and judicial branches of government the creation of a multiparty political system and the protection of individual human rights and freedom of speech.

The power of the executive branch is divided between a president who is elected by universal suffrage and a prime minister from the parliament who is nominated by his/her peers but who must be approved by the president. If the nominee for prime minister does not achieve an absolute majority of support within the parliament, the president may choose a candidate from the parliament who will serve for one year. As captured in the Malagasy concept ray aman-dreny (father and mother of the nation), enshrined in Article 44 of the constitution, the president serves as the symbol of national unity. The president also is the recognized leader of foreign policy and constitutes by far the single most powerful political person within the country. All presidential decrees must be countersigned, however, and the president is bound by the constitutional reality that the prime minister is responsible for the functioning of the government.

The president is elected for a five-year period and is limited to two terms in office. In the event that no candidate wins a simple majority of the popular vote, a run-off election is held between the two leading candidates within a period of two months. The most important unwritten law regarding the executive branch revolves around the côtier/central highlands distinction. If a côtier is elected president, it is understood that a Merina will fill the position of prime minister, and vice versa. In the case of the first national elections held under the Third Republic, for example, the elected president--Zafy--who is a côtier, chose a prime minister-- Francisque Ravony--from the ranks of the Merina (although several of the Merina elite were not entirely happy with the choice because Ravony is only half Merina).

The constitution provides for a bicameral parliament composed of a Senate and a National Assembly (Assembleé Nationale). The Senate represents territorial groups and serves as the consultative chamber on social and economic issues. Two-thirds of its members are chosen by an Electoral College and the remaining one-third are chosen by the president. Envisioned elections for 1994 had not been held as of June 1994. The National Assembly consists of 138 deputies elected by universal suffrage using a proportional representation list-system. Both senators and deputies serve for four years. The June 16, 1993 elections resulted in about half the depu 100ties el elected being members of the Forces Vives. The rÍÍÍÍemainder belonged to six parties of which the largest had fifteen deputies and the smallest nine deputies. The parliament as a whole operates with a variety of classic parliamentary measures, such as a vote of no confidence, that enable it to serve as a check on the power of the executive.

A new system of local governance under the constitution is known as the Decentralized Territorial Authorities (Collectivités Territoriales Décentralisées). According to the decentralization law adopted by the National Assembly in March 1994, twenty-eight regions (faritra), more than 100 departments (fileovana), and a little less than 1,000 communes (faribohitra) have been created. Certain urban communes, such as the cities of Antananarivo, Nosy-Be, and Sainte Marie will function as departments. Envisioned as regional vehicles for popular input in which members are elected by universal suffrage, these authorities have yet to be implemented their exact role in the policy-making process remains ill-defined, but it is contemplated that the national government will handle such areas as foreign affairs, defense, public security, justice, currency, and broad economic planning and policy, leaving economic implementation to the decentralized bodies. However, the Zafy regime is confident that, once functioning, these regional boards will take the political initiative away from the so-called federalist opposition, which has been seeking to shift power away from the central government to the regions.

A strong, independent judiciary is also enshrined in the 1992 constitution. An eleven-member Supreme Court serves as the highest arbiter of the laws of the land. Other judicial bodies include the Administrative and Financial Constitutional Court, the Appeals Courts, tribunals, and the High Court of Justice. The creation of this complex system indicates the desire of the constitutional framers for a society built upon the rule of law. Indeed, the constitution explicitly outlines the fundamental rights of individual citizens and groups (most notably freedom of speech) and guarantees the existence of an independent press free from government control or censorship.

The creation of a truly free and fair multiparty system is the centerpiece of the new constitutional order. In sharp contrast to the Ratsiraka era, when political parties could only exist under the ideological umbrella of the FNDR, democratization of the political system has led to the proliferation of political parties of all ideological stripes. In the first legislative elections held under the Third Republic in 1993, for example, more than 120 political parties fielded at least 4,000 candidates for a total of 138 legislative seats. Despite constitutional guarantees concerning the rights of citizens to form political parties without fear of government retribution, parties that call for ethnic or religious segregation or demonstrably endanger national unity are subject to being banned.

The electoral system is designed to promote and facilitate widespread popular participation. In fact, it is argued that the proportional representation list-system (including the rule of the largest remainder) for electing deputies actually encourages large numbers of candidates to take part. All resident citizens eighteen years of age or older can vote in elections, but candidates must be at least twenty-one years of age to participate. Electoral registers are usually revised during a two-month period beginning in December, and the country is divided into sixty-eight constituencies for electoral purposes. Although there was a four-month gap between the end of the first presidential elections and the first legislative elections held under the Third Republic in 1993, legislative elections are supposed to be held no less than two months after the end of presidential elections. The next presidential elections are scheduled for 1998.

Data as of August 1994