Take strict measures against the destabilizing is the reference given in Government Council on Tuesday. His vis-à-vis implementation of individual freedoms could debate. The firmness. Now, this could be the motto of the executive vis-à-vis the “acts of destabilization”. According to the press release relating to Tuesday’s government council at the State Palace Mahazoarivo, Solonandrasana Mahafaly Olivier, Prime Minister gave instructions to all members of the government, but especially to the three ministries in charge of security on taking strict measures against any sponsor and any destabilizing action actor. The proximity of the government council and the manifestation of the party Tiako i Madagasikara (Tim) would indicate a relationship of cause and effect.
The tenant Mahazoarivo has particularly said Monday that the State intends to take measures accordingly to the event on Saturday, calling it illegal. In an interview to be published in the newspaper L’Hebdo de Madagascar tomorrow, the head of government, however, says that its instructions are aimed any entity or individual. That these general measures. General Xavier Blessed Rasolofonirina, Minister of National Defense also claims that this is a general guideline to preserve public order.
According to the explanations of the member of the government, the prime minister’s instructions imply that now, officials at all levels of government should be uncompromising in applying texts concerning the safeguarding of public order. “This is an anticipation. So action will be taken against any threat to the public order and state security, “added the general officer. To hear his explanations, all those who, by their actions or their words tend to jeopardize these two concepts will be summoned to explain. If necessary, it will be Justice to decide. The Defense Minister reminded that besides parliamentarians, no one has immunity.
The scope of the Prime Minister instructions could however start the freedoms guaranteed by the Constitution. In response, the Defense Minister highlights the Article 10 of the Constitution. This provides that freedom of opinion and expression, communication, press, association, assembly, movement, conscience and religion are guaranteed to all and can not be limited by the respect of freedoms and rights of others and the need to safeguard public order, national dignity and state security.
Contactees lawyers concede that the assessment of risks to public order, in its decision making, belongs to the government. For this, the leaders are based on information. As pointed Solonandrasana Olivier Mahafaly in the interview, the risk level indicated by the information motivated the prohibition of the event organized by Tim party on Saturday. Only certain facts suggest that the maintenance of public order is often used to ban some of the rights provided for in Article 10 of the Constitution.
“In normal times, freedom is the rule and limited exception”, agree to affirm contacted lawyers. The exceptional situation, such as explained by the Basic Law allows the strict limitation of freedoms. We’re still not there yet, they add. The exceptional situation must be proclaimed by the President of the Republic under the Constitution. One of them, however, that when the perception of risk to public order is permanent, it can be perceived as a sign of acknowledgment that the state has difficulty managing the situation. Another lawyer said that such cases could be a sign of fallibility in preserving order and security.
Garry Fabrice Ranaivoson