Strengthening Rights Protection in Madagascar’s Disaster Law: A Multi-Method Legal Assessment
Human Rights Review, 2026 (ESCI, Scopus)
- Yayın Türü: Makale / Tam Makale
- Basım Tarihi: 2026
- Doi Numarası: 10.1007/s12142-026-00771-4
- Dergi Adı: Human Rights Review
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus, IBZ Online, EBSCO Legal Collection, EBSCO Legal Source, Index Islamicus, Philosopher's Index, Political Science Complete, Public Affairs Index, Philosopher's Index full-text, Political Science Abstract (IPSA), Academic Search Ultimate (EBSCO), Social Science Premium Collection (ProQuest), Legal Collection (EBSCO), Legal Source (EBSCO), Political Science Database (ProQuest), Sociology Source Ultimate (EBSCO)
- Anahtar Kelimeler: Cyclone, Disaster risk governance, Drought, Legal gap analysis, Madagascar
- Dokuz Eylül Üniversitesi Adresli: Evet
Özet
Madagascar is highly exposed to cyclones, floods, and drought, yet its disaster governance framework centered on Law No. 2015-031 and related decrees remains weakly aligned with international human rights standards. This study introduces three analytical tools to assess the rights-protective capacity of national disaster law: the Rights Protection Gap Mapping Method (RPGM), the Rights-Based Disaster Protection Index (RBDPI), and a Dual Hazard Legal Stress Test (DHLST). Applied to Madagascar, these methods evaluate rights recognition, operational guarantees, and institutional performance under both rapid-onset cyclones and slow-onset drought. The findings revealed pervasive normative and operational deficiencies. Disaster-affected people were not recognized as rights-holders, and the law contains no enforceable rights to assistance, food, water, shelter, health services, information, or protection from displacement. The RBDPI score of 4/12 indicated very weak rights-based protection. While cyclone response was hindered mainly by procedural and coordination gaps, drought conditions exposed deeper structural failures, including the legal invisibility of displacement and the absence of subsistence-related rights and anticipatory governance mechanisms. The analysis identifies targeted legal reforms to embed enforceable rights, operational standards, and accountability mechanisms capable of protecting dignity and equality across hazard types.