Relevé de Conclusions des Consultations Préparatoires a la mise en œuvre de l'Accord pour la Paix et la Reconciliation au Mali Issu du Procesus d'Alger

Country/entity
Mali
Azawad
Region
Africa (excl MENA)
Agreement name
Relevé de Conclusions des Consultations Préparatoires a la mise en œuvre de l'Accord pour la Paix et la Reconciliation au Mali Issu du Procesus d'Alger
Date
5 Jun 2015
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Mali-Azawad Inter-Azawad peace process
Parties
(Signed)
Pour le Gouvernement de la République du Mali
S.E.M. Abdoulaye DIOP,
Ministre des Affaires Etrangères,
de l'Intégration Africaine et de la Coopération Internationale

(Signed)
Pour la Coordination des Mouvement de l'Azawad (CMA)
M. Sidi Brahim Ould Sidatt
Third parties
Pour la Médiation

(Signed)
Pour la République Algérienne Démocratique et Populaire, Chef de file de la Médiation
S.E.M. Ramtane LAMAMRA,
Ministre d'Etat, Ministre des Affaires Etrangères et de la Coopération Internationale

(Signed)
Pour l'Organisation des Nations Unies/Mission Multidimensionnelle intégrée des Nations Unies pour la Stabilisation du Mali
S.E.M. Mongi HAMDI,
Représentant spécial du Secrétaire Général des Nations Unies
Chef de la MINUSMA

(Signed)
Pour l'Union Africaine
Dr Issaka Souaré

(Signed)
Pour l'Organisations de la Coopération Islamique
M. Djibril Bassolé
Envoyé spécial de l'OCC pour le Mali et le Sahel

(Signed)
Pour l'Union Européenne
M. Frédéric MATHIEU

(Signed)
Pour le Burkina Faso
M. Dominique DJINDJERE,
Ambassadeur du Burkina Faso en Algérie

(Signed)
Pour la République Islamique de Mauritanie
M. Ould Mogueya BOULLAH
Ambassadeur de la République Islamique de Mauritanie en Algérie

(Signed)
Pour la République du Niger
M. El Hadj Mahamidou Yahaya
Ambassadeur de la République du Niger en Algérie

(Signed)
Pour la République Fédérale de Nigeria
M. Iliya Ali Duniya Nuhu
Ambassadeur de la République Fédérale de Nigeria au Mali

(Signed)
Pour la République du Tchad
S.E.M. Saleh Hamid HEGUERA
Ambassadeur de la République du Tchad en Algérie

Etaient présents

(Signed)
La République Francaise
M. Jean Christophe BELLIARD
Directeur d'Afrique et de l'Océan Indien

(Signed)
Les Etats-Unis d'Amérique
Mme. Joan A. Polaschik
Ambassadeur des Etats-Unis en Algérie
Description
The agreement is the result of talks with the Coordination of Azawad Movements on their conditions for signing the Agreement. It deals with the questions of addressing the causes of their grievances, the creation of two regions, the ceasefire and insertion of combatants into the armed forces, and regional economic development.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons
Groups→Refugees/displaced persons→Rhetorical
Page 2, Article 7:
Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.
Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections
Page 2, Article 7:
Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.
Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration
Page 1-2, Article 5:
Concerning the representation of the populations of the North in the major public services, bodies and administrations of the Republic, in applying Article 6, bullets 1, 2, and 4 and 16.3, the Mediation Team undertakes to properly implement the provisions, and shall facilitate exchanges between the Parties as soon as possible in order to specify the content of these provisions.
Constitution

No specific mention.


Power sharing

Political power sharing

No specific mention.

Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, Article 6:
With regard to the regions of MENEKA and TAOUDENI, the Mediation Team recalls that that the Agreement foresees in Article 3 that the Malian State institutions will make the necessary provisions for the elaboration and adoption of regulatory and legislative measures, notably the decrees in application of Law No 2012-17 of March 2, 2012, on the creation of administrative areas in Mali, which are required to implement decisions on the creation of these Regions. The Mediation Team will ensure during implementation of the Agreement that the Government implements these decrees and measures as soon as possible.
Economic power sharing

No specific mention.

Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights
Human rights and equality→Civil and political rights→Liberty and security of person
Page 2, Article 8:
In terms of security, the Mediation Team recalls the need:
[...]
b. to ensure the security of persons and goods;
[...]
Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access

No specific mention.

Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources
Page 2-3, Article 10:
[...]
It [the Mediation Team] considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.
[...]
International funds
Page 2-3, Article 10:
[...]
Hence [the Mediation Team] shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.
In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

Page 3, Article 11:
Finally, on the question of guarantees, the Mediation Team considers that the provisions of the Agreement relating to these are sufficiently detailed and developed to meet the expectations and concerns which have been expressed. In addition, signature of the Agreement by all members of the Mediation Team, as well as all the indications of support provided by the international community, constitute in themselves a commitment to the Agreement and an exceptional guarantee for its effective implementation.
Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees
Page 2, Article 9:
Hence, the Mediation Team considers that:
- The questions concerning the security of localities subject to conflict or disorder shall be given priority, in accordance with former commitments and under the auspices of the Mediation Team, using the defence mechanisms foreseen in the Agreement;
[...]
Ceasefire
Security sector→Ceasefire→General commitments
[Summary: the parties reaffirm a ceasefire which was permanent. There are no indications as to the starting date and time in this agreement.]

Page 1, Article 1:
These meetings focused on the following three subjects:
[...]
b. reaffirmation of the Parties to the Algiers Process of their commitment to a complete and definitive cessation of hostilities;
[...]

Page 2, Article 8:
In terms of security, the Mediation Team recalls the need:
a. for all Parties concerned to respect their earlier commitment to a cessation of hostilities;
[...]
c. to cease all hostile activities under penalty of sanctions which may ensue.
Police

No specific mention.

Armed forces
Page 2, Article 9:
Hence, the Mediation Team considers that:
[...]

- Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

- The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.
DDR
Security sector→DDR→DDR programmes
Page 2, Article 9:
Hence, the Mediation Team considers that:
[...]

- Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

- The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 1, Article 2:
Within this framework and in order to establish the conditions needed to sign the Agreement as soon as possible, the enlarged Mediation Team held a series of meetings with the Coordination of Azawad Movements (la Coordination des Mouvements de l’Azawad, CMA) to determine the factors and arrangements which would enable it to sign the Agreement. In this regard, the CMA noted a certain number of concerns relating to implementation of the Agreement.

Page 2, Article 9:
Hence, the Mediation Team considers that:
[...]

- Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

- The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.

Page 2-3, Article 10:
With regard to development, the Mediation Team notes with satisfaction that the Coordination has emphasised that its expectations concerning economic and social development are largely covered by the provisions in the Agreement.
It considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.
Hence it shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.
In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

Page 3, Article 13:
The Mediation Team and the signatory Parties note with satisfaction CMA’s commitment to proceed to sign the Agreement for Peace and Reconciliation in Mali stemming from the Algiers Process. This shall be signed on June 20, 2015, at Bamako, on the understanding that the Government shall take all necessary steps to remove any judicial, administrative or practical obstacles, and that this event will be followed by a celebration in Timbuktu, in the presence of the Parties and of the Mediation Team.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory
Page 6 in original document:
Pour l'Organisation des Nations Unies/Mission Multidimensionnelle intégrée des Nations Unies pour la Stabilisation du Mali
S.E.M. Mongi HAMDI,
Représentant spécial du Secrétaire Général des Nations Unies
Chef de la MINUSMA
Other international signatory
Page 6-8 in original document:
Pour la Médiation

Pour la République Algérienne Démocratique et Populaire, Chef de file de la Médiation
S.E.M. Ramtane LAMAMRA,
Ministre d'Etat, Ministre des Affaires Etrangères et de la Coopération Internationale

Pour l'Union Africaine
Dr Issaka Souaré

Pour l'Organisations de la Coopération Islamique
M. Djibril Bassolé
Envoyé spécial de l'OCC pour le Mali et le Sahel

Pour l'Union Européenne
M. Frédéric MATHIEU

Pour le Burkina Faso
M. Dominique DJINDJERE,
Ambassadeur du Burkina Faso en Algérie

Pour la République Islamique de Mauritanie
M. Ould Mogueya BOULLAH
Ambassadeur de la République Islamique de Mauritanie en Algérie

Pour la République du Niger
M. El Hadj Mahamidou Yahaya
Ambassadeur de la République du Niger en Algérie

Pour la République Fédérale de Nigeria
M. Iliya Ali Duniya Nuhu
Ambassadeur de la République Fédérale de Nigeria au Mali

Pour la République du Tchad
S.E.M. Saleh Hamid HEGUERA
Ambassadeur de la République du Tchad en Algérie

Etaient présents

La République Francaise
M. Jean Christophe BELLIARD
Directeur d'Afrique et de l'Océan Indien

Les Etats-Unis d'Amérique
Mme. Joan A. Polaschik
Ambassadeur des Etats-Unis en Algérie
Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/Relevé%20de%20conclusions%20des%20consultations%20préparatoires%20à%20la%20mise%20en%20oeuvre%20de%20l%27Accord.pdf

SUMMARY OF CONCLUSIONS OF THE PREPARATORY CONSULTATIONS FOR IMPLEMENTATION OF THE AGREEMENT FOR PEACE AND RECONCILIATION IN MALI STEMMING FROM THE ALGIERS PROCESS

ALGIERS, JUNE 5, 2015

The enlarged Mediation Team held a series of meetings of the concerned Parties in Algiers from May 25, 2015, in order to identify the steps to be taken following the entry into force of the Agreement for Peace and Reconciliation in Mali.

1. These meetings focussed on the following three subjects:

a. establishing the conditions needed to sign the Agreement as soon as possible and clarifying the methods and arrangements for implementing the Agreement;

b. reaffirmation of the Parties to the Algiers Process of their commitment to a complete and definitive cessation of hostilities;

c. examination of the preparations made to set up the Monitoring Committee for the Agreement, and to hold the first meeting of the Committee in the timetable defined in the Agreement.

2. Within this framework and in order to establish the conditions needed to sign the Agreement as soon as possible, the enlarged Mediation Team held a series of meetings with the Coordination of Azawad Movements (la Coordination des Mouvements de l’Azawad, CMA) to determine the factors and arrangements which would enable it to sign the Agreement.

In this regard, the CMA noted a certain number of concerns relating to implementation of the Agreement.

3. After detailed examination of the points raised by CMA, the Mediation Team considers that all of the points are relevant to the Agreement.

Hence, they shall be taken into account by the Monitoring Committee in implementing the Agreement, in the knowledge that before signing the Agreement for Peace and Reconciliation in Mali, on May 15, 2015 at Bamako, the Government and the Platform also submitted a number of observations and commentaries, which shall be taken on board during the implementation process for the Agreement.

4. More specifically, regarding the Azawad problem, which is addressed in Article 5 of the Agreement, which underlines the need to address this politically and to organise a wide ranging national debate on the fundamental causes, the Mediation Team undertakes, within the implementation framework for this Article, to open discussions between the Parties in order to reach a mutually acceptable solution.

5. Concerning the representation of the populations of the North in the major public services, bodies and administrations of the Republic, in applying Article 6, bullets 1, 2, and 4 and 16.3, the Mediation Team undertakes to properly implement the provisions, and shall facilitate exchanges between the Parties as soon as possible in order to specify the content of these provisions.

6. With regard to the regions of MENEKA and TAOUDENI, the Mediation Team recalls that that the Agreement foresees in Article 3 that the Malian State institutions will make the necessary provisions for the elaboration and adoption of regulatory and legislative measures, notably the decrees in application of Law No 2012-17 of March 2, 2012, on the creation of administrative areas in Mali, which are required to implement decisions on the creation of these Regions.

The Mediation Team will ensure during implementation of the Agreement that the Government implements these decrees and measures as soon as possible.

7. Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.

8. In terms of security, the Mediation Team recalls the need:

a. for all Parties concerned to respect their earlier commitment to a cessation of hostilities;

b. to ensure the security of persons and goods;

c. to cease all hostile activities under penalty of sanctions which may ensue.

9. Hence, the Mediation Team considers that:

- The questions concerning the security of localities subject to conflict or disorder shall be given priority, in accordance with former commitments and under the auspices of the Mediation Team, using the defence mechanisms foreseen in the Agreement;

- Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement.

In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

- The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.

10. With regard to development, the Mediation Team notes with satisfaction that the Coordination has emphasised that its expectations concerning economic and social development are largely covered by the provisions in the Agreement.

It considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.

Hence it shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.

In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

11. Finally, on the question of guarantees, the Mediation Team considers that the provisions of the Agreement relating to these are sufficiently detailed and developed to meet the expectations and concerns which have been expressed.

In addition, signature of the Agreement by all members of the Mediation Team, as well as all the indications of support provided by the international community, constitute in themselves a commitment to the Agreement and an exceptional guarantee for its effective implementation.

12. An implementation timetable attached to the present document shall be submitted for approval to the Monitoring Committee.

13. The Mediation Team and the signatory Parties note with satisfaction CMA’s commitment to proceed to sign the Agreement for Peace and Reconciliation in Mali stemming from the Algiers Process.

This shall be signed on June 20, 2015, at Bamako, on the understanding that the Government shall take all necessary steps to remove any judicial, administrative or practical obstacles, and that this event will be followed by a celebration in Timbuktu, in the presence of the Parties and of the Mediation Team.

Signatures