Madagascar's Justice Minister Fanirisoa Ernaivo has responded to the Groupement des entreprises de Madagascar's (GEM) decision to suspend participation in public-private dialogue, calling it blackmail and pressure on the judiciary.

According to Minister Ernaivo, a GEM member "in flight" is among the principal accused in the CNAPS-SMGD case. Speaking to the press at the launch of Madagascar's corruption-fighting evaluation at the Novotel in Alarobia, the Justice Minister qualified the GEM's decision to "suspend all forms of public-private dialogue" as "blackmail" and "pressure on the Justice system."

On June 24, the GEM issued a statement denouncing what it called "prolonged denial of justice" affecting its five representatives on the board of the Caisse nationale de prévoyance sociale (CNAPS). These five administrators are implicated in the CNAPS-SMGD judicial case, which dates back to 2021 and has been under investigation for several months.

In the same June 24 statement, the GEM announced the immediate suspension of its representatives' participation in the CNAPS board and "any other committee, body, or governance structure of a state institution, including any public-private dialogue framework."

In response, Minister Ernaivo stated: "It is a privilege granted to participate in decision-making within these entities and must not be used as a means of blackmail against Justice." She added that "the GEM is not the only private sector player in Madagascar. If it is not ready to assume its role within these bodies, others are ready to do so."

The Justice Minister questioned whether this constitutes "a way to pressure the Justice system." The GEM maintains its position "until conditions for an effective rule of law and equal treatment are restored."

In its statement, the employers' group indicated that in March it "had approached authorities requesting a non-suit order within three months. Despite multiple follow-ups at all levels of Malagasy public authorities, the request remains unanswered."

However, Minister Ernaivo indicated that suspending the ongoing judicial procedure is not planned. "Already, the persons concerned have not been detained. I believe this demonstrates there is no intention to prevent them from continuing their professional activities. Nevertheless, the asset investigation and judicial supervision will continue until trial. This is a procedure applied without distinction whether you are GEM members or not, and whether you are from the private sector or not," she stated, emphasizing judicial independence and the principle that no one is above the law.

Ernaivo also noted that "a GEM member who is in flight is among the principal perpetrators in this case," suggesting that this member's flight abroad is delaying case processing. "If they want to help us, they can bring back the people who fled abroad to accelerate case handling," she added.

The GEM contends that its five CNAPS board representatives "are the only ones targeted among the twenty-four board members." It therefore argues: "It is unacceptable that its representatives be the only ones sanctioned for an offense they did not commit and for facts not attributable to them."

In conclusion, Madagascar's leading employers' organization stated: "Yes to strong justice and respect for judicial independence, provided this commitment is fully realized in practice and fosters a peaceful climate, free from any stigmatization or score-settling."