UNCLAS SECTION 01 OF 02 ANTANANARIVO 000232

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/E, AF/FO, INR/AA, AND DRL
PARIS FOR D'ELIA

E.O. 12958: N/A
TAGS: PGOV PREL KDEM EAID PHUM PINR MA
SUBJECT: GOM PROPOSES CONSTITUTIONAL CHANGES

REF: (A) ANTANANARIVO 180 (B) ANTANANARIVO 60

ANTANANARI 00000232 001.2 OF 002



1. (U) SUMMARY: The Government of Madagascar (GOM) has publicly
proposed a number of constitutional changes to be voted on in a
referendum April 4, with the stated goal of driving forward the
Madagascar Action Plan (MAP), its signature development program (REF
A). Changes include eliminating the six-province structure in favor
of 22 regions and local government; adding French and English as
official languages; protecting intellectual property rights;
espousing the fight against corruption; increasing the Prime
Minister's authority over cabinet members; withholding
parliamentarians' salaries for unjustified absences; and shortening
the parliamentary session. It is difficult to assess how
effectively these subtle changes will facilitate the GOM's ambitious
development plan. Amendments that collectively strengthen the role
of the Presidency have most opposition figures suspecting a
power-grab by President Ravalomanana instead. The proposal also
clears the way for Madagascar's ratification of the Rome Statute.
END SUMMARY.


2. (U) Following much speculation, on March 2 the GOM published
proposed changes to 72 articles of Madagascar's constitution for the
April 4 referendum. As articulated by the drafters, the proposed
amendments seek to make the government more efficient and
accountable, attract international interest by adopting
western-friendly practices, and imbue all Malagasy citizens
(including political parties) with the responsibility for
Madagascar's development. The proposals boil down to four main
themes.

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MAKING GOVERNMENT EFFICIENT AND ACCOUNTABLE
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3. (U) In line with the results-oriented tone set by President
Ravalomanana for this administration, the amendments propose to
remove a layer of government by abolishing the six province
structure. Instead, responsibility for implementing develo

pment
plans and government administration will lie with the remaining 22
regions and 1,557 commune-level local governments. The President
hopes this change will remove a layer of "red tape" to make MAP
implementation more efficient. With his new emphasis on leadership
at the "fokontany" (neighborhood) level (REF B), this administrative
restructuring is also intended to facilitate more direct contact
with the grass-roots level of government.


4. (U) A number of the amended articles seek to decrease the power
of parliamentarians and make them more accountable -- changes with
which even some members of the ruling TIM party take issue. The
changes propose withholding salaries for unjustified absences;
cutting the parliamentary session down to a 60-day period to
expedite legislation and encourage legislators to spend more time at
home attending to their constituents; and shortening senators' terms
from six to five years to align with deputies' terms.


5. (U) Another change targeting greater efficiency gives the Prime
Minister increased authority over cabinet members in an effort to
rein in dissenting ministries who have in the past sometimes refused
to follow the Prime Minister's directives.

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LOOKING WEST
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6. (U) A number of the changes reflect the "Western-oriented"
Ravalomanana's desire for Madagascar to integrate into the
international community. As the GOM seeks stakeholders and donors
to move the MAP forward, the revised constitution is in part
designed to appeal to Western governments and foreign investors by
including a Preamble espousing good governance and the fight against
corruption, the protection of intellectual property rights, and the
adoption of French and English (an inclusion, no doubt, noted by the
French) as official languages. New requirements stipulating
presidential candidates must henceforth be born of a Malagasy mother
and father and must reside in Madagascar for six months preceding
their candidacy seek to further loosen French influence over
Malagasy policy -- a trend carried over from Ravalomanana's first
administration.

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EVERYONE IS RESPONSIBLE
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ANTANANARI 00000232 002.2 OF 002



7. (U) After a recent election period characterized by intense
criticism from civil society and politicians (but little action from
the latter), the GOM's changes call on all Malagasy citizens to take
a more active role in the country's development. Making the
Malagasy people ("fokonolona") the base of Madagascar's development,
the proposed constitution guarantees individuals, associations,
political parties, and all other groups their rights and liberties,
but also emphasizes their responsibilities and obligations toward
the nation.

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THE PRESIDENT'S CONSTITUTION?
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8. (SBU) While moving the MAP forward is the stated thrust of the
proposed changes, Post notes the increased power given to the
presidency. Until regions and communes are fully functional with
the appropriate legal authority, the President will have the power
to issue ordinances related to their activities. The Council of
Ministers (chaired by the President) will have the power to appoint
regional heads, nominate the Vice-Presidents of the Supreme Court,
and appoint Supreme Court judges -- the only people able to file
lawsuits against Madagascar's senior officials.


9. (U) Media sources have seized on the omission of a clause
guaranteeing the separation of church and state. The President has
been criticized repeatedly for mixing government issues with his
personal affiliation with the Christian churches, and this move is
seen by some as his way to avoid criticism of "unconstitutional"
behavior. With churches playing a strong political role in
Madagascar, others characterize the change as a pragmatic move to
promote the country's development by removing an obstacle to working
with one of its major stakeholders.

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ROME STATUTE NOW CONSTITUTIONAL
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10. (U) The proposed constitution contains a new article allowing
the ratification of the Rome Statute, previously rejected by the
High Constitutional Court in 2006 as "unconstitutional."

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COMMENT
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11. (SBU) All proposed changes will be considered together as a
single up or down vote. With few people expected to vote against
the revisions, which are presented as being "for the rapid and
sustainable development by region in order to improve the living
standard of the Malagasy," the referendum is widely expected to
pass. The process, rapid and non-transparent, has caught the
attention of Ravalomanana's critics. Most opposition figures
suspect a power-grab by the President. Many of the constitutional
changes are subtle and only their implementation will determine
whether they are benign and effective. Moreover, changes making the
government more "efficient" would also seem to diminish checks
against the Presidency. The stated intention, facilitating
implementation of the MAP, is difficult to assess given that the
GOM's ambitious development plan needs funding, expertise, and good
luck far more than it needs legislative lubrication in order to
succeed.


12. (SBU) COMMENT CONTINUED: Anticipating strong EU pressure on
the GOM to ratify the Rome Statute immediately following the
referendum, Post will need to work quickly with the Department to
secure a waiver for Madagascar, which has signed an Article 98
Agreement. END COMMENT.

MCGEE