Country report and updates: Madagascar

Madagascar

29/07/1998

1 Conscription

conscription exists

Madagascar has conscription, which is enshrined in art. 19 of the constitution. [1] [3] [4]

According to the government in 1980, "Compulsory national service is organised to ensure the social and cultural development of the majority, in addition to the requirements of national defence" (arts. 19 and 20 of the constitution). [1]

The present legal basis of conscription is believed to be the 6 March 1978 Order No. 78-003 on national service. Conscription may consist of military service in the armed forces or service outside the armed forces. [3]

military service

It is not known who is liable for military service.

Military service in the armed forces lasts for 18 months. [6]

There is a possibility to perform national service outside the armed forces. According to art. 4, Order No. 78-003: "Military personnel assigned to the armed forces may be transferred outside the armed forces, and vice versa, either at their own request or on official orders, provided that those assigned outside the armed forces have been found medically fit for military service." The Ministry of Defence decides on these reassignments. [3]

postponement and exemption

No information about postponement is available.

Apparently those who are unfit for military service are not exempted, but - if they are fit for public service - they may be assigned to perform national service outside the armed forces. [3]

It is not known how many conscripts are serving outside the armed forces and what service they perform.

recruitment

It is not known how the actual recruitment and selection of conscripts takes place.

Given the size of the armed forces and the potential of conscripts, it is clear that the majority of youths is not recruited into the armed forces.

2 Conscientious objection

There is no legal provision for conscientious objection. [2] [3] [4]

In 1990 the government stated that there is no legal provision for conscientious objection and that the regulation that the medically unfit may be assigned to public service outside the armed forces cannot be used by conscientious objectors. [3]

3 Draft evasion and desertion

penalties

According to the government in 1980, "failure to comply with the terms of the legislation on enlistment for national service and insubordination are punishable by penalties ranging from imprisonment to capital punishment in accordance with articles 124 and 138 of the penal Code relating to national service (JORM No. 250 of 19 December 1962, p. 2,402 and incorporated in the Malagasy Code of Penal Procedure)." [1]

practice

No information available.

6 Annual statistics

The armed forces comprise approximately 21,000 troops - 0.15 percent of the population. It is not known how many of them are conscripts. [6]

Every year approximately 135,000 men reach conscription age. [6]

Sources

[1] UN Commission on Human Rights 1980. Report by the Secretary-General. United Nations, Geneva. [2] Eide, A., C. Mubanga-Chipoya 1985. Conscientious objection to military service, report prepared in pursuance of resolutions 14 (XXXIV) and 1982/30 of the Sub-Commission of Prevention of Discrimination and Protection of Minorities. United Nations, New York. [3] UN Commission on Human Rights 1991. Report of the Secretary-General prepared pursuant to Commission resolution 1989/59. United Nations, Geneva. [4] Gouault, J. 1995. Service National, quelle options? Serie POUR Avec. GREP Editions/UNESCO, Paris. [5] UN Commission on Human Rights 1997. The question of conscientious objection to military service, report of the Secretary-General prepared pursuant to Commission resolution 1995/83. United Nations, Geneva. [6] Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London, UK.