Local residents face suffering and injusticefrom presidential road rehabilitation and construction projects - Newsletter n°223 (ENG) - Collectif pour la Défense des Terres Malgaches

Several media outlets report that, during the month of October 2024, hundreds of households in the Atsinanana and Analanjirofo regions saw their homes and agricultural fields destroyed as a result of the application of the law on expropriation for public utility for the construction of roads.

It’s undeniable that improving road conditions is essential to everyone’s development. However, the lack of respect for the law and the violation of human rights, as well as the indifference shown by certain officials towards the local people, are both surprising and unacceptable. These actions must be denounced and brought to the attention of the general public and the highest authorities. We strongly fear that these activities, which are supposed to bring development, will lead to and increase the poverty of the majority of the population, and run counter to the public and national interest.

THE FACTS

The facts presented relate to the construction of National Road 5 (RN5), according to the victims’ complaints, but we know that the situation is similar in many places (1).

Due to the construction of the RN5, it is planned that the surrounding area will be designated to be in the public interest (Decree n°2022-628 declaring the public interest in the development and paving of the RN5 secondary national road and Order 15531/2023-MATS). A perimeter of 15 meters on either side of the road was initially identified as being in the public interest. But this was later changed: the 30 meters were taken from one side only, including the old road.

MOSS employees were in charge of the expropriations, negotiating with the residents to get them to leave, and the residents had to take care of the demolition of their homes themselves. They assured the residents that the state would pay compensation — not before they left, but when the state had the money. As the residents disagreed, the company brought a document showing the amount of compensation. The amount was not discussed with the concerned residents; it was a unilateral decision. The company asked them to sign a letter of acceptance and open a bank account for the Government to deposit the money when the Treasury gave it to them. To date, no compensation payments have been made.

Some residents disagreed and hired a lawyer to defend them and file a complaint in court. They also sent a letter to the Ministry of Public Works requesting that all procedures be reviewed to bring them in line with the provisions of the law. However, in response, the local government representative (Préfet) convened a meeting of the fokonolona (community) on Friday July 5, 2024, attended by representatives of Public Works, the Bureau d’Etudes, the security forces and the Soanierana-Ivongo Gendarmerie Brigade Commander. He publicly announced that the residents had to leave within 10 days. When the residents failed to leave, the District of Soanierana Ivongo sent a letter asking them to vacate their land. The letter stated that he had been ordered to do so by the Minister of Public Works.

ACTIONS TAKEN BY THE JUSTICE SYSTEM AND FOLLOW-UP

Some of the victims in this case filed a complaint with the administrative court to stop the execution of the order and demanded that the laws in force be respected. This angered District and Ministry officials, who asked that the complaint be withdrawn. When the plaintiffs refused to comply, a hearing was held on Friday October 25, and the request to halt enforcement was refused. The following day, a Saturday, the prefect, the district and the Fénérive-Est and Soanierana-Ivongo police arrived, armed with rifles. They forced the inhabitants off the land and demolished the houses. The people who had taken legal action were the first to be searched, to have their property demolished and to see their land ransacked. The house of a family which had not been one of the plaintiffs in court was also bulldozed (2).

The residents who lodged the complaint point out that one of the plots was titled and bound, and others had land certificates.

During the rather tense exchanges, officials stated that this was a presidential project that could not be prevented from moving ahead and that they had the right to destroy property. It was also said that the compensation money was not yet ready, but that the work was urgent and could wait no longer.

FLAGRANT FAILURE TO COMPLY WITH THE LAW

The facts are unacceptable for several reasons. But the urgent and important issue we wish to highlight is the failure to respect the laws of the Malagasy Republic.

Article 34 of the Malagasy Constitution stipulates that: “The State guarantees the right of individual ownership. No one may be deprived of this right except by expropriation in the public interest and with fair and prior compensation”.

In addition, many procedures have not been respected concerning the method of expulsion and expropriation of people from their land following a declaration of public utility in accordance with law 62-023.
The “commodo incommodo” survey, which should have been based on a complete study and identification of the land affected by the project, was not carried out properly, and was not preceded by a one-month posted notification to enable those concerned to be informed and express their opinion.
Residents have not been informed of the decree declaring that the properties concerned are covered by the declaration of public utility (Décret D.U.P.).
Nor have the residents been informed of the order issued by the President of the Fénérive-Est Court stating that the properties concerned are covered by the declaration of public utility.
Those in charge of various categories did not bring and present the order. Nor did those who came to demolish the house and destroy the land, nor did those who attended this action.
There was no prior consultation on the amount of compensation, which was decided unilaterally by the authorities and at a very low level. The law requires the creation of an administrative evaluation commission, which assesses the amount.
Compensation was not paid in advance, as required by law.

APPEAL TO THE PRESIDENT OF THE REPUBLIC, THE HEAD OF THE GOVERNMENT AND THE RELEVANT AUTHORITIES

Shouldn’t presidential projects be a model and an example to follow for the respect of current laws in the Malagasy Republic and for the respect of human rights?
The ability of citizens to take legal action before the courts, without being subject to punishment or retaliation, is a fundamental human right. Retaliation in this context only increases the population’s fear of and distrust toward the justice system.
Adequate compensation must be paid promptly to avoid increasing the losses suffered by the population, as people who have been promised compensation are obliged to open a bank account. Opening a checking account in a bank involves account maintenance fees and monthly debit if the account balance is insufficient and/or negative.
The civil society organizations which have signed this statement call on leaders at all levels to:
- recognize and value the efforts of local residents,
- respect the rights of Malagasy citizens in all regions of the country,
- refrain from any intentional act that shows contempt for or exacerbates the poverty of the population,
- be vigilant about the consequences of implementing every aspect of their projects, especially when these projects are intended to serve the public interest and the interests of the country.