An open mission
A delegation of the National Chamber of French Enforcement Agents (CNHJ), led by Bernard Menut, secretary of the UIHJ, and the Departmental Chamber of Réunion, in the persons of Jean-Pierre Michel, delegate, and Olivier Brenier, enforcement agent in Saint-Pierre, Réunion, was in Antananarivo on the 27th of July to participate in the International Symposium organised by the National Chamber of Enforcement Agents and Auctioneers of Madagascar (CNHJCPM).
This mission also permitted discussions with the committee of the Madagascan National Chamber with a view to developing the status, the training and the means of action of the Madagascan enforcement agents. It also provided the opportunity to arrange meetings with the political authorities from the legal sector of Madagascar to discuss the status of enforcement agents and the prospects of development.
An event that received a lot of media coverage
The general assembly of the CNHJCPM and the international symposium had previously been announced on the national radio. The written press, which is very present in Madagascar, as well as the national television, covered both events. The television broadcast a report on the subject. These events mobilised two thirds of the country's enforcement agents. This figure is even more remarkable if we bear in mind the Madagascan road network. Certain colleagues had to drive for 24 hours to attend!!
A Francophile legal context
Madagascar is an island in the Indian Ocean that had a very strong French presence up until its independence. Therefore French culture remains very present, as does French law, and French codes of law continue to be applied. The Code of civil procedure was the object of a reform passed on the 9th of April 2003, which is in force as from February 2004. It is the French code which has been only slightly adapted to take local specificities into account.
The methods of enforcement are due to be introduced into the model of the law of the 9th of July 1991 in the course of the year 2005 and are likely to take effect in 2006. There is already close contact between the legal and technical authorities of the French representation on the Island (the attaché of the France embassy, the technical assistant, French magistrate) and the CNHJ for the implementation of these methods of enforcement, adapted to the context of the country. Close collaboration between the local Madagascan authorities, the Madagascan enforcement agents, the CNHJ, the UIHJ and the French enforcement agents is highly desired and envisaged by our interlocutors.
The project for reforming the methods of enforcement will be incorporated in a programme financed by the European Union, and the French enforcement agents who will be working on the project will also be financed by this budget.
A growing community of enforcement agents
The delegation participated in the general assembly of the CNHJCPM held on the 29th of July in Antananarivo. We were able to note that our counterparts are very aware of the increase in the number of professionals (which is likely to double within one or two years) to cover the entire territory. The community of enforcement agents should rise to 140 enforcement agents by 2006, after a competitive examination launched by the Ministry of Justice.
The status of the enforcement agent has been the subject of intense discussion and many proposals have been put forward, while the question of tariffs has also been raised. Paradoxically the new Code of civil procedure has not been questioned. The issue of training (strongly supported by the Madagascan enforcement agents) has been a major topic of discussion, which is evidence that it is seen as the basis of their development. The request is for modules of continued training as well as the means to be implemented given the specificity of the country.
Multiple contacts
The delegation was able to develop the different themes resulting from the objectives pursued with the country's political and legal authorities, during a head-to-head meeting with the Minister of Justice herself, at a reception held at the Ministry of Justice, the Head of the National School of Magistracy of Madagascar (ENMG), who is also Head of the Anti-Corruption Department, the public prosecutor of the Antananarivo court of appeal, the technical assistant responsible for training at the ENMG, who is also in charge of the project for the reform of the methods of enforcement, a company director established in Madagascar, with a view to the development of debt recovery, as well as the Madagascan magistrates.
A major international symposium
The international symposium was opened by the Madam the Minister of Justice, with the participation of the Head of the National School of Magistracy, the counsel for the prosecution of the Antananarivo court of appeal, the Head of the National School of Administration of Madagascar, the police authorities, the president of the counsel prosecution of Madagascar, as well as the two thirds of the country's enforcement agents.
The themes dealt with by both the members of the delegation, but also the local magistrates and their colleagues were the status of the Madagascan, French and European enforcement agents, the social, economic and legal role of the enforcement agent, debt recovery, the enforcement agent as an actor in the constitutional state, training of enforcement agents, the enforcement agent and cross-border exchange, and cross-border notification and enforcement in Europe.
An appropriate twinning
A twinning charter linking the Madagascan national chamber and the departmental chamber of Réunion was signed by Mr Ravelo Q.C., president of the Madagascan national chamber, and Mr Michel Q.C., president of the departmental chamber of Réunion, in the presence of the Minister of Justice and the country's legal authorities. The purpose of this charter is to develop the relationship between the two islands, with Réunion closely supporting its Madagascan colleagues. The actions that are already led by the association of jurists of the Indian Ocean (in which Jean Pierre Michel is a very active participant) will be reinforced by the partnership with Réunion.
An atmosphere conducive to reform
The Madagascan national chamber was modernised last year and the new president and his team of young and well-trained colleagues have an extraordinary amount of drive and enthusiasm. Despite limited financial means, they succeeded in organising a two-day event that will have large repercussions throughout the country, in terms of both the political and legal authorities.
The status of the future enforcement agent should take into account the need to increase the number of professionals, but also a consolidation of their initial training and a continued training that is greatly desired. The development of the enforcement agents in Madagascar can only go to strengthen the presence of an independent status enforcement agent in the sub-region, since it should not be forgotten that East Africa is highly influenced by the Anglo-Saxon or equivalent status of the enforcement agent.
The Madagascan chamber of enforcement agents is very conscious of what is at stake, and appears to be keen to rise to the challenge. Indeed the Madagascan national chamber has realised that it must extend its activities to increase its prosperity and resources, by consolidating the auctions and by developing debt recovery procedures. An event at a national scale is to be organised by the Madagascan chamber in 2005 upon this subject with the participation of the major figures in the Madagascan economy.
