The High Constitutional Court of Madagascar recently ordained a one-week delay of the presidential elections following protests that resulted in injuries of two presidential candidates. The use of tear gas by security forces during these protests was a significant factor. Initially scheduled for November 9, the first round of elections will now be conducted on November 16, with the second round set for December 20.
The candidate who filed the postponement request on October 6 was Andry Rajoelina. Rajoelina had sustained an eye injury after security forces utilised tear gas grenades. He subsequently sought medical treatment in Mauritius. Additionally, Marc Ravalomanana, Rajoelina’s opposing candidate and former President, also incurred a leg injury in the earlier week due to a similar tear gas attack by the police who were aiming to scatter his supporters. The High Constitutional Court highlighted that the use of tear gas and other projectiles was an extreme use of force against a peaceful demonstration.
The court passed this decision under Madagascar’s Constitution Article 47, which necessitates the High Constitutional Court to schedule a new date for elections in case of a candidate’s death or a force majeure scenario. Force majeure is characterised by the specifications of exteriority, unpredictability, and unavoidability. In this incident, the court considered Rajoelina’s physical incapacity as an extraordinary case of force majeure, making it challenging for him to run his electoral motions.
The court also referred to Article 1 and Article 5 of the Constitution, which stress that democracy and the principle of rule of law form the Republic’s foundation, and the sovereignty lies with the people and is exercised through universal suffrage, respectively.
Before the declaration, Rajoelina had relinquished his role as the president last month to present his candidacy for re-election, complying with the constitutional requirement. Eleven out of thirteen opposing candidates have collectively protested against Rajoelina’s candidature, deeming it an attempt to maintain his position of power. Rajoelina first ascended to power in 2009 after a coup that overthrew then President Ravalomanana.
An official spokesperson from the UN Human Rights Office expressed concern earlier this week regarding Madagascar’s deteriorating human rights situation ahead of the presidential elections. The official highlighted the issue of the unnecessary and excessive force used by security forces to break up peaceful protests.
For more detailed coverage, refer to the original article on JURIST – News.