LEGAL FRAMEWORK

The constitution provides for freedom of religious thought and expression and prohibits religious discrimination in the workplace. Other laws protect individual religious beliefs against abuses by government or private actors. The constitution states that such rights may be limited by the need to protect the rights of others or to preserve public order, national dignity, or state security. The labor code prohibits religious discrimination in labor unions and professional associations.

The law requires religious groups to register with the Ministry of the Interior. By registering, a religious group attains the legal status necessary to receive direct bequests and other donations. Once registered, the group may apply for a tax exemption each time it receives a donation, including from abroad. Registered religious groups also have the right to acquire land from individuals to build places of worship; however, the law states landowners should first cede the land back to the state, after which the state will then transfer it to the religious group. To qualify for registration, a group must have at least 100 members and an elected administrative council of no more than nine members, all of whom must be citizens.

Groups failing to meet registration requirements may instead register as “simple associations.” Simple associations may not receive tax-free donations but may hold religious services as well as conduct various types of community and social projects. Associations engaging in dangerous or destabilizing activities may be disbanded or have their registration withdrawn. Simple associations must apply for a tax exemption each time they receive a donation from abroad. If an association has foreign leadership and/or members of the board, it may form an association “reputed to be foreign.” An association is reputed to be foreign only if the leader or members of the board include foreign nationals. Such associations may only obtain temporary authorizations, subject to periodic renewal and other conditions. The law does not prohibit national associations from having foreign nationals as members.

While public schools do not offer religious education, there is no law prohibiting or limiting religious education in public or private schools.

The government requires a permit for all public demonstrations, including religious events such as outdoor worship services.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

Individual Muslim leaders reiterated that the existing nationality law affected some members of the Muslim community disproportionately, since it prevented these descendants of immigrants, many of whom were Muslim, from acquiring citizenship, even after generations of residence in the country. Because religion and ethnicity are often closely linked, it was difficult to categorize citizenship discrimination based solely on Muslim identity. The leaders said that Muslim children of ethnic Indian, Pakistani, and Comorian descent had the most difficulty obtaining citizenship. Some members of the Muslim community continued to face challenges in the country because of their statelessness. Under the law, for example, only Malagasy citizens could own land or property. In addition, some members of the Muslim community faced difficulties accessing education, healthcare, and employment.

Three Jehovah’s Witnesses students remained out of school after having been expelled in November 2022 by the headmaster of a public school in Alakamisin’Itenina for refusing to sing the national anthem in front of him and other teachers. The headmaster also reportedly sexually harassed two of the students. The students’ parents and Jehovah’s Witnesses representatives met with school and Ministry of Education officials on several occasions to find a way to reinstate the students. When no consensus was reached, the Church took the case to the Administrative Court of Fianarantsoa, which ruled to cancel the students’ expulsion in February. The Ministry of Education appealed to the State Council (the appellate body of the Supreme Court) in March, which rejected the administrative court’s ruling, and the students were prevented from returning to school.

Jehovah’s Witnesses church representatives responded by taking the case to the High Constitutional Court, which ruled that while the requirement to sing the national anthem at flag raisings did not infringe on religious freedom, the students’ expulsion was a form of religious discrimination because it took place outside of the context of civic education classes or the raising of the flag, contexts in which students are required to sing the national anthem by law. As of the end of the year, however, the students had not been allowed to return to school. According to Jehovah’s Witnesses representatives, the case was awaiting a ruling by the Administrative Court of Fianarantsoa on the conditions for the students to re-enter school.

The leadership of the Fikambanan’ny Silamo Malagasy (Association of Malagasy Muslims) continued to report that some Muslims encountered difficulty obtaining official documents (e.g., national identity cards and passports) and services from public administration offices because of their non-Malagasy-sounding names. The leaders again said that government officials harassed and mocked Muslims and considered them to be foreigners, even when they possessed national identity cards. A Muslim community leader in Mahajanga, a major western port city with a large Muslim population, however, stated that Muslims in his region did not encounter discrimination and were not denied official documents on account of their faith. He also said Muslim women and girls could decide whether to wear head coverings at school and at work without state interference.

The government continued to include Eid al-Fitr and Eid al-Adha in the list of national holidays and consulted the Muslim community when setting the appropriate dates.

Public universities often scheduled mandatory examinations on Saturdays, disadvantaging students affiliated with religions that observed a Saturday Sabbath, according to the leader of the Jewish community and lecturer at the University of Antananarivo. The Adventist church communication manager reported some Adventist students had to repeat a year of school for having missed exams and others had to choose to miss religious services. Leaders of the Apokalipsy Church, a local evangelical church that is also observing a Saturday Sabbath, said they were less affected because their Church permitted adherents to attend nonchurch events on Saturdays even if they had to miss religious services.

Leadership disputes within the evangelical group Jesosy Mamonjy remained unresolved this year. In September, a group of pastors within the church told the press that regional-level government authorities continued to interfere in its internal affairs by supporting a board elected in 2022 that most church members did not recognize. They said that local authorities supported the board’s decisions to replace local pastors and would sometimes overrule parishioners if they contested the new pastors, sometimes providing armed security to new pastors when they thought church members might protest. The Jesosy Mamonjy pastors said they believed a member of parliament representing a former president’s opposition political party was influencing ministry authorities and preventing a thorough investigation by the Ministry of the Interior into the board elected in 2022.

Religious groups stated the government did not always enforce registration requirements and did not deny requests for church registration. All the large religious groups were registered. As of mid-November (the most recent information available), the Ministry of Interior reported 400 officially registered religious groups, compared with 399 at the end of 2022. Between January and November 2023, the ministry registered six new religious groups and did not deny any requests for registration. In September, the government granted official recognition to three religious groups as churches: the New Protestant Church of Madagascar, the Orthodox Church of Madagascar, and the Baptist Church of Madagascar. According to the Ministry of the Interior, the designation of “church” conferred the benefit of determining the Church’s internal policies and structure without needing to abide by the conditions listed in the legal framework for religious groups, allowing them to freely apply their own regulations.

The government acknowledged that some registered groups may have become inactive or dissolved without informing the government.

State-run Malagasy National Television continued to provide free broadcasting to Seventh-day Adventists, Lutherans, Anglicans, and Presbyterians from Mondays to Thursdays, to Catholics on Mondays, and to the Muslim community on Fridays. During Ramadan, it provided additional broadcast time to the Muslim community to issue the call to prayer. Members of the Federation of Evangelical Churches continued to receive free airtime to broadcast religious services every morning on public television. State-run Malagasy National Radio continued to provide free broadcasting only to the four members of the Council of Christian Churches (Catholics, Presbyterians, Lutherans, and Anglicans) every Sunday.

Leaders of the Apokalipsy Church said that the government had denied their request for free airtime on national radio and television channels, however the government permitted the church to operate several private radio and television channels without restriction.

Some Adventist civil servants reported receiving warnings for professional mistakes or suspension of some allowances for having missed work-related events scheduled on Saturdays.

In April, President Andry Rajoelina attended the celebration of Eid-al-Fitr in Antananarivo. This was the first time a President attended a Muslim holy celebration, and many Muslims expressed gratitude for his support.