Illegal practices fuelled by poor forest governance, abuse of power and corruption are a constant threat to Madagascar’s protected areas. One of the best-known and most recent cases is the seizure of 75 rosewood planks involving a member of the National Assembly Standing Bureau, Lanto Rakotomanga.
“Madame does not wish to speak with you at the moment ! These were the responses of Lanto Rakotomanga’s assistant to journalists’ request for an interview in his office in Tsimbazaza, in November 2022. An unusual response from the quaestor in charge of legislation and public relations at the National Assembly, who is fond of media appearances. This elected representative of the Republic is refusing to speak out because she is embroiled in a scandal involving the trafficking of precious wood, which came to light at the beginning of October 2022. This is yet another scandal for which she seems to be totally immune. She was not heard from again until 16 February 2023, when, questioned by a colleague during a television report, she replied laconically: “This matter is in the hands of those responsible. Let those responsible deal with it”. In the meantime, the MP is going about her ‘political business’ of distributing basic necessities to poor families, without the public, who will soon be called upon to vote in the elections, having any scrap of information about the outcome of this environmental scandal, which smacks of corruption.
In her capacity as an MP and member of the National Assembly’s Permanent Bureau, Rakotomanga ‘authorised’ the driver of a van to transport rosewood from Amparafaravola to Antananarivo for an ‘indeterminate period’. However, it turns out that granting such authorisation is not one of his prerogatives as a member of parliament.
On the evening of 5 October 2022, an elected representative from the Amparafaravola district reportedly noticed a vehicle parked by the side of the road. He noticed that the van was transporting rosewood planks. This elected official informed the Amparafaravola district chief, who in turn ordered the head of the forestry cantonment to take action. The suspect car was apprehended at the Vohitraivo economic dam, in the commune of Vohimena, with 75 rosewood planks on board. The driver presented a ‘letter of authorisation’ with the stamp and seal of the Quaestor of the National Assembly, signed by Lantoarivola Sedera Rakotomanga. The document ‘orders’ all civilian and military authorities to ‘allow (his goods) to circulate freely for an indefinite period’ and to ‘lend him a hand if necessary’.
The carrier was presented to the public prosecutor on Friday 7 October 2022, but due to the clerks’ strike, he was returned to police custody. His fate was decided on Monday 10 October. The driver was remanded in custody until his hearing on 11 November at the Ambatondrazaka Court of First Instance, with the Ministry of the Environment and Sustainable Development as the civil party. On 16 November, the driver of the vehicle was sentenced to one year’s imprisonment and fined five million ariary for transporting forest products without the required documents, according to Stéphan Tsirimanana, the Public Prosecutor.
Environmental crime ?
Lanto Rakotomanga claims to be the ‘owner’ of the wood seized. According to the Tanambe gendarmerie, the seized rosewood planks are 24 cm square. A scientific study conducted in 20141 explains that a rosewood tree needs 67 years to reach a diameter of 30 cm. In the face of the frantic pace of illegal logging, this slow growth places this species on the red list of threatened species published by the International Union for Conservation of Nature (IUCN) in July 2019. In addition, the notes-instructions2 issued by the Ministry of the Environment and Sustainable Development (MEDD) since 2019 prohibit the cutting, exploitation, transport and export of precious woods including rosewood. These provisions are still in force and applied by the forestry administration.
The public prosecutor said that an in-depth investigation was needed into the origin of the rosewood. We are unable to determine where the wood was cut. So the case was dealt with on the basis of the place where it was seized, i.e. Vohitraivo”, he regretted. When questioned by MALINA journalists, Chief Warrant Officer François Rajaonarivelo, Brigade Commander of the National Gendarmerie in Tanambe, stated that the products came from Andrebakely Nord. This assertion was corroborated by Toussaint Razafinandraina, the head of the Amparafaravola forestry unit and the judicial police officer in charge of the investigation.
According to satellite images, the nearest wooded area to Andrebakely is the commune of Tanandava. This is the north-western boundary of Zahamena National Park. ”Andrebakely Nord is simply a collection point for illegal forest products. It is likely that the seized rosewood was extracted in the national park”, continues the head of the Amparafaravola forest cantonment. In this case, the MP’s actions violate the Protected Areas Code (COAP) : ‘Illegal logging is an offence under the Penal Code, but when it concerns protected areas, it is a crime’, explains Stéphan Tsirimanana.
Entitlement ?
The MP at the centre of the scandal has not commented on the authenticity of the document. According to the information received, she lodged a complaint against the driver with the Ambatondrazaka gendarmerie, but later withdrew it. During his hearing at the Ambatondrazaka court, the driver clearly admitted that the rosewood belonged to Lanto Rakotomanga under a transport contract with her. The illegal permit had indeed been issued by her. The local press reports that the MP was summoned by the Independent Anti-Corruption Bureau (BIANCO) on 17 October but did not appear until 24 November. The case of ‘illegally granting an authorisation to transport precious wood involving MP Lanto Rakotomanga’ has been referred to the Antananarivo Anti-Corruption Pole (PAC) prosecutor’s office (…) but her fate will await authorisation to proceed from the National Assembly”, BIANCO announced on its website.
Lanto Rakotomanga enjoys parliamentary immunity under article 73 of the Constitution. In 2015, after a chase with the police, this MP was apprehended in Namontana with 200 million ariary in her vehicle. A few ‘honourable men’ came to her rescue, claiming parliamentary immunity, and cut the ground from under the feet of the elements of the joint force for maintaining order (EMMOREG). A wave of condemnations from the political headquarters following the media lynching provoked by the scandal stifled the rest of the affair.
Misinterpreted, the privilege of immunity is perverted outside the exercise of the functions attached to it. Members of parliament abuse their title to engage in influence peddling, corruption and usurpation of office. “Non-accountability protects MPs from prosecution for opinions expressed or votes cast in the performance of their duties. Inviolability means that deputies and senators can be prosecuted when they are not in session, but authorisation for prosecution or arrest must be obtained from the Bureau of the National Assembly or the Senate”, explains Honoré Rakotomanana, former President of the Senate.
A reading of the Finance Acts reveals that each year, 3.5 billion ariary are allocated to the High Court of Justice (HCJ). Almost three-quarters of these funds are spent on the allowances of the 11 members of this court. Since taking up its duties in 2018, the HCJ has cost the State, and therefore taxpayers, 15 billion ariary. However, the HCJ is ‘technically unemployed’ because the cases it has to deal with are blocked at the level of the National Assembly. Parliamentary committees of enquiry have been set up, but not a single indictment has been passed in five years. This perpetuates the kleptocracy.
Beyond these structural failings, the unpunished attitude of MPs is encouraged by the corporatism of parliamentarians. Christine Razanamahasoa, President of the National Assembly, used a Bible verse to rationalise the Lanto Rakotomanga scandal. ‘Let he who is without sin among you cast the first stone’, she declared, referring to John 8 :7 on 17 October 2022, before the press at the Carlton during a workshop on plastics in the Indian Ocean. This sentence is in stark contrast to her speech at the opening of the second ordinary session of the National Assembly, delivered on 19 October 2022. On that occasion, she reminded members that they should not use or abuse their parliamentary immunity to commit offences. She reminded the members of the Lower House of their obligation to respect the principle of the separation of powers. This speech should be translated into action, as MPs, even when not in session, can only be prosecuted with the authorisation of the Permanent Bureau of the National Assembly. However, it so happens that Lanto Rakotomanga is one of those who authorise or refuse to waive an MP’s immunity. So, in the name of equality before the law, courage and will are required to overturn the sad reputation of this institution as a haven for criminals.
What is parliamentary immunity ?
Parliamentary immunity” is a provision from which deputies and senators benefit in the exercise of their legislative functions. Its purpose is to protect them from intimidation by political or other powers, and to guarantee their independence during parliamentary sessions. This is the principle of non-accountability or substantive/functional immunity. A Member of Parliament or Senator cannot be prosecuted if he or she fails to follow a party’s voting instructions or is strongly critical of the executive during a parliamentary session.
Outside sessions, MPs may be prosecuted, but authorisation for prosecution or arrest from the Bureau of the National Assembly or Senate is required. This is the principle of inviolability (or procedural immunity). Any offence outside their parliamentary duties is subject to ordinary law.
Inviolability is not the protection of quality, but that of function: it is not the protection of men or women, but that of the institution. To put it plainly, it is a matter of prohibiting the judiciary from interfering with the normal functioning of the legislature ; the judiciary cannot deprive the legislature of its members before conviction, but neither can the legislature interfere with the judiciary’s exercise of public action.
1 Analyse de la croissance en épaisseur de Dalbergia baronii (palissandre) et de Dalbergia monticola (bois de rose) dans la forêt classée d’Ambohilero sous transfert de gestion, Felana Niaina Rakoto Joseph, Bako Harisoa Ravaomanalina, Fenonirina Rakotoarison, Edmond Roger, Bakolimalala Rakouth, CIRAD (2014), available at http://hal.cirad.fr/cirad-00933719
2 Note-instruction n°01/19/MEDD/Mi of 29 January 2019 ; Note-instruction n° 003-21/MEDD of 29 January 2021.
