International Covenant on Civil and Political Rights to abolish death penalty.
133.As part of the logical result of the signing of the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the
death penalty, Madagascar has subscribed to the Cotonou Declaration on the
Abolition Death penalty of 4 July 2014.
134.Article 46 of the Ordinance 62-038 of 19 September 1962 on Child Protection
provides that "In any case, death penalty shall not be pronounced against an
eighteen-year-old minor".
135.In any case, Madagascar is among the abolitionist states in practice for, since its
independence it has not carried out the execution of death penalty for prisoners
sentenced to death.
136.Currently, Madagascar embarked on a reform procedure of its legislation with a bill
to abolish death penalty. This bill is being considered in cabinet meeting and in the
Council of Ministers before its adoption by the National Assembly.
5. Civil rights and freedoms
a. Name and nationality
137.Every child has the right to a name at birth and to be registered at the registry office
within 12 days after his birth, pending criminal penalty, in accordance with Article 9 of
Act No. 61- 025 of 9 October 1961 relating to acts of civil status.
138.According to the MICS 2000 (Multiple Indicator Cluster Survey), it was noted that
2.5 million Malagasy children under 18 years had not been registered at the registry
office. There are significant disparities between the regions. In the capital, 95% of
births are reported. This percentage drops to 86% in urban areas and 72 % rural
areas. The lowest rate is in the Boeny region (60%).
139.As part of the 2012-2013 ENSOMD survey, it was found that birth registration of
children is not yet comprehensive, although there have been improvements over
previous years: 83% of children under five years against 75% according to the DHS
2003-2004, and 80% according to the DHS 2008-2009, and 88.1% of children aged
5 to 17 were reported to the civil registrar.
140.Cultural difficulties impede the effective implementation of the provisions of Article 6
of the Charter in some regions including the South East region, where members of
the community believe that the early naming at birth carries a curse against the child.
This belief contributes among others to the existence of unregistered children thus
deprived of birth certificate.
141.Other challenges revolve around:
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