Accord de Dakar II

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Country/entity: Madagascar
Region: Africa (excl MENA)
Agreement name: Accord de Dakar II
Date: 9 Jun 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: M. Marc RAVALOMANANA;
M. Didier RATSIRAKA
Third parties: From the state leaders acting as facilitators:
HE Mr. Abdoulaye WADE, Coordinator
HE El Hadj Omar BONGO, HE Denis Sassou NGUESSO, HE Laurent GBAGBO, HE Blaise COMPAORE
Mr. Amara ESSY, Secretary-General of the OAU; Mr. Ibrahima FALL, Personal Representative of the Secretary-General of the United Nations.
Description: Agreement to arrange a new transitional government that will rule until after new elections.

Agreement document: MG_020609_Dakar II_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MG_020609_Dakar II_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,

1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections. These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance. The date of these elections is 22 September 2002.

Page 1,

5. In the event that Mr. Ravalomanana's coalition wins the legislative elections, Mr. Ratsiraka agrees to recognize Mr. Ravalomanana as President of the Republic of Madagascar, legitimized by the majority he has just won.
6. If, on the other hand, Mr. Ratsiraka's side wins the legislative elections, both parties agree that a referendum will be organized to ask the people to choose a President of the Republic between Mr. Ravalomanana and Mr. Ratsiraka.
7. Until the legislative elections, the Prime Minister herein designated represents the Malagasy State at an African level and international level, in particular at the forthcoming OAU summit.
Electoral commission: Page 1,

1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections. These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance. The date of these elections is 22 September 2002.
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,

2. A transitional government will be established until the final results of the legislative elections are declared. This government, which becomes effective upon signature of this Agreement, will be headed by a Prime Minister appointed by Mr. Ravalomanana, acting through .............., while the rest of the Government (see attached list of members) will be designated based on parity between the two main protagonists of the Malagasy political crisis: Messrs. Ratsiraka and 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: Page 2,

10. On the basis of this Political Agreement, the state leaders acting as facilitators and the OAU recommend to all development partners to unfreeze Madagascar's external assets in favour of the Government herein established. They also urge them to provide urgent financial support for the reconstruction of Madagascar.
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
Page 1,

8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1,

8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.
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: Page 1,

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

Implementation

UN signatory: Page 1,

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.
Other international signatory: Page 1,

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1,

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

Page 1 and 2,

9. This Agreement will be submitted to the United Nations Security Council. The two signatory Malagasy parties are required to scrupulously respect all the provisions, including the annexes. Any action or initiative contrary to this Agreement will be the subject of a request for international sanction by the Monitoring Committee.
Related cases: No specific mention.
Source: Madagate, 10 March 2011, http://www.madagate.org/politiquemadagascar/dossier/1734-marc-ravalomanana-vit-dans-le-mensonge-bien-avant-2002-accords-de-dakar-i-et-ii.html

DAKAR II AGREEMENT

1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections.

These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance.

The date of these elections is 22 September 2002.

2. A transitional government will be established until the final results of the legislative elections are declared.

This government, which becomes effective upon signature of this Agreement, will be headed by a Prime Minister appointed by Mr. Ravalomanana, acting through .............., while the rest of the Government (see attached list of members) will be designated based on parity between the two main protagonists of the Malagasy political crisis:

Messrs. Ratsiraka and Ravalomanana.

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement.

During this period, a Monitoring Committee will be set up.

It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

4. The governors of the six provinces are designated as follows:

- Province of Tulear:

Mr or Mrs

- Province of Fianarantsoa:

Mr or Mrs

- Province of Majunga:

Mr. or Mrs.

- Province of Antsiranana:

Mr. or Mrs.

- Toamasina Province:

Mr. or Mrs.

- Province of Antananarivo:

Mr or Mrs

5. In the event that Mr. Ravalomanana's coalition wins the legislative elections, Mr. Ratsiraka agrees to recognize Mr. Ravalomanana as President of the Republic of Madagascar, legitimized by the majority he has just won.

6. If, on the other hand, Mr. Ratsiraka's side wins the legislative elections, both parties agree that a referendum will be organized to ask the people to choose a President of the Republic between Mr. Ravalomanana and Mr. Ratsiraka.

7. Until the legislative elections, the Prime Minister herein designated represents the Malagasy State at an African level and international level, in particular at the forthcoming OAU summit.

8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.

9. This Agreement will be submitted to the United Nations Security Council.

The two signatory Malagasy parties are required to scrupulously respect all the provisions, including the annexes.

Any action or initiative contrary to this Agreement will be the subject of a request for international sanction by the Monitoring Committee.

10. On the basis of this Political Agreement, the state leaders acting as facilitators and the OAU recommend to all development partners to unfreeze Madagascar's external assets in favour of the Government herein established.

They also urge them to provide urgent financial support for the reconstruction of Madagascar.

Signed in Dakar on 9 June 2002

SIGNED

Mr Marc RAVALOMANANA - Mr Didier RATSIRAKA

IN THE PRESENCE OF

From the state leaders acting as facilitators:

HE Mr. Abdoulaye WADE, Coordinator

HE El Hadj Omar BONGO, HE Denis Sassou NGUESSO, HE Laurent GBAGBO, HE Blaise COMPAORE

Mr. Amara ESSY, Secretary-General of the OAU;

Mr. Ibrahima FALL, Personal Representative of the Secretary-General of the United Nations.