Madagascar flag Madagascar: Business Environment

Business law in Madagascar

Legal Framework

Independence of Justice
Although Madagascar’s Constitution states the independency of judicial system to the executive branch, the latter often interferes with the former (also through the reassignment of judges). According to Freedom House, trial outcomes are frequently predetermined and corruption is widespread (especially in local tribunals). Furthermore, a lack of training, resources, and personnel hampers the effectiveness of the criminal justice system. The police and military are unable to assert authority over the entire country.
Hygienic and healthcare conditions for detainees are often harsh due to overcrowding in detention facilities.
Equal Treatment of Nationals and Foreigners
The law formally prohibits discrimination based on race, gender, disability, and social status. However, in practice foreigner may not always expect an equal trial (same as for minorities, like Muslims, or women).
The Language of Justice
French and Malagasy.
Recourse to an Interpreter
It is possible and easy to have recourse to an interpreter in Madagascar.
Sources of the Law and Legal Similarities
Madagascar's law is a mixture of the laws that already existed at time of the arrival of the French to the territory with the French law, ways and customs used to judge daily conflicts.
Checking National Laws Online
Library of the U.S. Congress - Laws of Madagascar
Droit Afrique - Madagascar

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Latest Update: May 2024