Madagascar: 2027 Constitutional Referendum Set, HCC Allows Multiple Models

• A constitutional referendum is now anticipated as the first electoral event for Madagascar in 2027.
• Recent consultations saw 95% of participants support holding this referendum before the presidential election.
• The Haute Cour Constitutionnelle has indicated that multiple constitutional models, including a federal option, could be presented, requiring legislative changes.
• Extensive reforms are under discussion, covering electoral lists, candidacy rules, and institutional structures.
• Nearly 199 billion ariary is budgeted for the CENI in the 2027 finance bill, with national consultation funding from domestic resources.

The Haute Cour Constitutionnelle has opened the door for voters to consider multiple constitutional models, including a federal system, a move that would necessitate significant prior adjustments to existing electoral legislation.

Madagascar is currently engaged in extensive consultations regarding the upcoming 2027 elections, with a constitutional referendum now emerging as the primary electoral event anticipated for that year. Recent discussions held at the Ivato International Conference Center revealed overwhelming support, with 95% of participants advocating for the organization of this referendum prior to the presidential election. These two-day meetings at Ivato follow earlier political consultations conducted in September at the Iavoloha State Palace, the findings of which were formally submitted to the Conseil des Églises chrétiennes de Madagascar (FFKM Madagascar).

The constitutional question remains central to these deliberations. While the principle of a constitutional referendum appears to have garnered widespread support, positioning it as the initial electoral event for 2027, the precise content of any proposed constitutional reform remains under active discussion. The ongoing dialogue aims to define the specific changes that would be put before the Malagasy electorate.

The legal framework for potential constitutional amendments has been clarified by an opinion issued on November 4 by the Haute Cour Constitutionnelle Madagascar (HCC). This ruling opens the possibility for voters to consider multiple constitutional models, including a federal system, a significant development in the Madagascar constitutional reform process. However, the HCC's opinion stipulates that such an approach would necessitate substantial prior adjustments to existing electoral legislation.

Ultimately, the decision on the future constitution will rest with a broader national consultation. Proposals requiring immediate arbitration are being addressed during the current Ivato meetings, while other recommendations will inform the ongoing work of the national consultation, which is tasked with determining the country's major institutional orientations. Political actors, such as the Antoka sy Dinan’ny Nosy (ADN) party, have been vocal in their advocacy for presenting diverse constitutional choices to the electorate.

The document submitted to the FFKM Madagascar compiles a wide array of recommendations for reform, touching upon various critical aspects of the electoral and governance systems. These include the revision of electoral lists, conditions for candidacy, civic rights, the age of eligibility, the overall election calendar, and comprehensive reform of electoral institutions. Both the CENI and the Haute Cour Constitutionnelle are among the key bodies whose operations and structures are subject to these proposed changes.

The ongoing consultations have brought together a diverse group of political and social stakeholders. Participants include former presidents Marc Ravalomanana and Hery Rajaonarimampianina, members of parliament, representatives from civil society organizations, youth groups, traditional and religious authorities, as well as international observers from the African Union, SADC, and the United Nations. This broad engagement underscores the national and international significance of the Madagascar constitutional referendum 2027 and the broader Madagascar elections 2027.

Financial provisions for the upcoming electoral cycle are already being established. The draft 2027 finance bill includes an allocation of nearly 199 billion ariary for the CENI, providing an initial budgetary framework for the preparation of the Madagascar elections 2027. Funding for the national consultation, which is crucial for shaping the référendum constitutionnel Madagascar, is expected to be primarily sourced from the country's own domestic resources.

Despite the significant progress made in these consultations, several critical steps remain before the definitive 2027 electoral calendar can be finalized. These include the arbitrations expected from the Ivato meetings, the continued work of the FFKM, and the necessary legislative modifications. Lawyers and compliance officers in Madagascar should closely monitor the ongoing consultations and potential constitutional referendum, as significant changes to the electoral framework and potentially the constitutional structure could impact political stability, regulatory certainty, and legal rights for businesses and individuals operating in the country.

Lawyers and compliance officers in Madagascar should closely monitor the ongoing consultations and potential constitutional referendum, as significant changes to the electoral framework and potentially the constitutional structure could impact political stability, regulatory certainty, and legal rights for businesses and individuals operating in the country.

Source: Original reporting via Malagasy press