Accord (Dakar I)

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Country/entity: Madagascar
Region: Africa (excl MENA)
Agreement name: Accord (Dakar I)
Date: 18 Apr 2002
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Malagasy Political Crisis (2009)
A conflict between Madagascar’s elected president, Marc Ravalomanana, and an opposition movement led by the Mayor of the capital city Antananarivo, Andry Rajoelina, escalated in early 2009 when street protests and an uprising of parts of the military forced Ravalomanana to resign and go into exile in South Africa. A 2009 agreement called for a transitional government, however, Rajoelina, despite protests from Ravalomanana supporters and foreign governments, appointed a cabinet loyal to himself. The tensions were mediated in 2011 by a SADC mediation effort, which proposed a transitional roadmap that was eventually signed by all major political forces. However, after June 2012, the open conflict broke out once again.
Stage: Framework/substantive - comprehensive
Conflict nature: Government
Peace process: Madagascar peace process
Parties: Didier Ratsiraka, President of the Republic, candidate for the presidency of the Republic of
Madagascar, on one side,
Marc Ravalomanana, candidate for the presidency of the Republic of Madagascar on the other
Third parties: Mr. Amara Essy, Secretary General of the OAU
Mr. Ibrahima Fall, Personal Representative of the Secretary General
Abdoulaye Wade, President of the Republic of Senegal, on behalf of the state leaders acting as
facilitators
Mathieu Kérékou (Benin), Laurent Gbagbo (Ivory Coast), Joaquim Alberto Chissano (Mozambique).
Description: Defines the terms under which a transitional government and new elections will take place

Agreement document: MG_020418_ Accord (Dakar I)_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MG_020418_ Accord (Dakar I)_FR.pdf (opens in new tab)| Download PDF

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: No specific mention.
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 1,
Considering Judgement n°4 of April 16th, 2002 of the Administrative Chamber of the Supreme Court,
whose implementation requires a different voting system.

Page 1, Article 1:
The parties agree that if no candidate has obtained the majority required to be elected in the first
ballot, a popular referendum on the choice between the two candidates will be organized with the
assistance of the United Nations, the OAU, the European Union, and the international community
within a maximum of six months.
Electoral commission: Page 1, Article 4.:

In place of the current National Electoral Committee (CNE), an independent Electoral Commission is
hereby established to prepare and organize the popular vote.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 1, Article 2:

Under these conditions, a transitional government will be set up according to the following principles:
- PM to be appointed by mutual agreement between Didier Ratsiraka and Marc Ravalomanana
- for each of the five ministries of sovereignty, Mr. Ravalomanana will propose two candidates to those of Interior and Finances,
- all the other members of the government will be appointed by mutual agreement, half by Didier Ratsiraka and the other half by Marc Ravalomanana.
Territorial power sharing: No specific mention.
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: No specific mention.
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: No specific mention.
International funds: No specific mention.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Article 5.
With the signing of this agreement, Messrs. Didier Ratsiraka and Marc Ravalomanana undertake to
enforce the freedom of movement of goods and persons, as well as the immediate cessation of all
threats and violence against persons and property, including the bombing of bridges and dams
throughout the national territory.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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 1,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Page 1, Article 1

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.
Other international signatory: Page 1,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Page 1, Article 1

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, Article 3:

The two parties agree, as soon as the results are announced, to set up a High Council for Transition,
whose mission is to ensure that the transition takes place smoothly. Mr Marc Ravalomanana is
appointed as the President of this institution, with the rank of second highest state official.
Related cases: No specific mention.
Source: http://www.madagate.org/politique-madagascar/dossier/1734-marc-ravalomanana-vit-dans-le-mensonge-bien-avant-2002-accords-de-dakar-i-et-ii.html

AGREEMENT

Didier Ratsiraka, President of the Republic, candidate for the presidency of the Republic of Madagascar, on one side,

Marc Ravalomanana, candidate for the presidency of the Republic of Madagascar on the other,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Have agreed to adopt the following:

Considering Judgement n°4 of April 16th, 2002 of the Administrative Chamber of the Supreme Court, whose implementation requires a different voting system.

Article 1.

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.

Article 2.

Under these conditions, a transitional government will be set up according to the following principles:

- PM to be appointed by mutual agreement between Didier Ratsiraka and Marc Ravalomanana

- for each of the five ministries of sovereignty, Mr. Ravalomanana will propose two candidates to those of Interior and Finances,

- all the other members of the government will be appointed by mutual agreement, half by Didier Ratsiraka and the other half by Marc Ravalomanana.

Article 3.

The two parties agree, as soon as the results are announced, to set up a High Council for Transition, whose mission is to ensure that the transition takes place smoothly.

Mr Marc Ravalomanana is appointed as the President of this institution, with the rank of second highest state official.

Article 4.

In place of the current National Electoral Committee (CNE), an independent Electoral Commission is hereby established to prepare and organize the popular vote.

Article 5.

With the signing of this agreement, Messrs. Didier Ratsiraka and Marc Ravalomanana undertake to enforce the freedom of movement of goods and persons, as well as the immediate cessation of all threats and violence against persons and property, including the bombing of bridges and dams throughout the national territory.

Signed in Dakar on 18 April 2002

See below the signatures of:

Mr Didier Ratsiraka

Mr Marc Ravalomanana

Mr. Amara Essy, Secretary General of the OAU

Mr. Ibrahima Fall, Personal Representative of the Secretary General

Abdoulaye Wade, President of the Republic of Senegal, on behalf of the state leaders acting as facilitators

Mathieu Kérékou (Benin), Laurent Gbagbo (Ivory Coast), Joaquim Alberto Chissano (Mozambique).