Statement on Transition in Madagascar

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Country/entity: Madagascar
Region: Africa (excl MENA)
Agreement name: Statement on Transition in Madagascar
Date: 22 May 2009
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Madagascar peace process
Parties: Not signed, but agreement mentions the negotiations included "the Rajoelina group, the Ratsiraka group, the Ravalomanana group and the Zafy group"
Third parties: Not signed, but agreement mentioned negotiations were conducted, "under the auspices of
international mediators from the African Union (AU), the Southern African
Development Community (SADC), the Organisation internationale de la Francophonie
(OIF) and the United Nations (UN)."
Description: A joint statement on negotiations on a transitional arrangement. Provisions discuss when elections should occur, an amnesty, and the different institutions that will be a part of the transition.

Agreement document: MG_090522_Statement on Transition in Madagascar.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): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1,

First, all parties have agreed on the following principles:
...
• A special statute ensuring the dignity and guaranteeing the security of former Heads
of State will be drafted. A Council of Wise Men regrouping all former Heads of State will also be established.

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
• The High Transitional Authority
• The Transitional Government of National Unity
• The Transitional Congress
• The National Reconciliation Council and the Truth and Reconciliation Commission,
mandated to review recent Malagasy history, promote national reconciliation and
assess issues of reparations and compensations.
• The Economic and Social Council of the Transition
• The High Court of the Transition
• The Reflection Committee on National Defense and Security
• The Independent Electoral Commission
Elections: Page 1:

Negotiations are ongoing in view of securing the endorsement of all groups for a Charter
of the Transition, which will provide a framework for the consensual management of
the transition leading to free, fair and transparent elections as soon as possible.

Page 1:

To date, the negotiations have succeeded in reaching agreement on a number of points.
First, all parties have agreed on the following principles:
...
• The participation of former Heads of State and the Head of State of the Transition in
the next presidential election. After a long debate, the Malagasy parties decided to
respect the right of former Heads of State and the Head of State of the Transition to run
in the election.
• The elections will take place at the earliest possible date within a period of 14
months based on an assessment by international and national experts of Madagascar’s
capacity to organize credible elections.
Electoral commission: Page 1,

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The Independent Electoral Commission
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,

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The Transitional Government of National Unity

Page 2,

The ongoing discussions are focused on the composition and formula for the
proportional distribution of seats among executive and legislative institutions.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2,

The ongoing discussions are focused on the composition and formula for the
proportional distribution of seats among executive and legislative institutions.
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: Page 1,

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The High Court of the Transition
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: Page 1,

First, all parties have agreed on the following principles:
• The need for a neutral, peaceful and consensual transition
...
• A special statute ensuring the dignity and guaranteeing the security of former Heads
of State will be drafted. A Council of Wise Men regrouping all former Heads of State will
also be established.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The Reflection Committee on National Defense and Security
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2,

A general amnesty, excluding gross violations of human rights, war crimes, crimes
against humanity and crimes of genocide, is also under discussion for infractions linked
to the events of a period yet to be specified.
Courts: No specific mention.
Mechanism: Page 1,

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The National Reconciliation Council and the Truth and Reconciliation Commission,
mandated to review recent Malagasy history, promote national reconciliation and
assess issues of reparations and compensations.
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,

Second, parties reached agreement on the establishment of all transitional institutions.
These are:
...
• The National Reconciliation Council and the Truth and Reconciliation Commission,
mandated to review recent Malagasy history, promote national reconciliation and
assess issues of reparations and compensations.

Implementation

UN signatory: Page 1,

The multilateral negotiations seeking to establish a neutral, peaceful and consensual
transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of
international mediators from the African Union (AU), the Southern African
Development Community (SADC), the Organisation internationale de la Francophonie
(OIF) and the United Nations (UN).

Page 2,
The international mediators call on all parties to make the concessions necessary to
reach agreement on all remaining questions and conclude the negotiations in order to
establish a concerted transition
Other international signatory: Page 1,

The multilateral negotiations seeking to establish a neutral, peaceful and consensual
transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of
international mediators from the African Union (AU), the Southern African
Development Community (SADC), the Organisation internationale de la Francophonie
(OIF) and the United Nations (UN).

Page 2,
The international mediators call on all parties to make the concessions necessary to
reach agreement on all remaining questions and conclude the negotiations in order to
establish a concerted transition
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Madagascar: Statement on Transition in Madagascar https://allafrica.com/stories/200905230009.html

Statement on Transition in Madagascar, 22 May 2009

The multilateral negotiations seeking to establish a neutral, peaceful and consensual transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of international mediators from the African Union (AU), the Southern African Development Community (SADC), the Organisation internationale de la Francophonie (OIF) and the United Nations (UN).

All political forces of Madagascar are represented at the negotiating table.

They are gathered around four enlarged political groups:

the Rajoelina group, the Ratsiraka group, the Ravalomanana group and the Zafy group.

Negotiations are ongoing in view of securing the endorsement of all groups for a Charter of the Transition, which will provide a framework for the consensual management of the transition leading to free, fair and transparent elections as soon as possible.

To date, the negotiations have succeeded in reaching agreement on a number of points.

First, all parties have agreed on the following principles:

• The need for a neutral, peaceful and consensual transition.

• The participation of former Heads of State and the Head of State of the Transition in the next presidential election.

After a long debate, the Malagasy parties decided to respect the right of former Heads of State and the Head of State of the Transition to run in the election.

• The elections will take place at the earliest possible date within a period of 14 months based on an assessment by international and national experts of Madagascar’s capacity to organize credible elections.

• A special statute ensuring the dignity and guaranteeing the security of former Heads of State will be drafted.

A Council of Wise Men regrouping all former Heads of State will also be established.

Second, parties reached agreement on the establishment of all transitional institutions.

These are:

• The High Transitional Authority

• The Transitional Government of National Unity

• The Transitional Congress

• The National Reconciliation Council and the Truth and Reconciliation Commission, mandated to review recent Malagasy history, promote national reconciliation and assess issues of reparations and compensations.

• The Economic and Social Council of the Transition

• The High Court of the Transition

• The Reflection Committee on National Defense and Security

• The Independent Electoral Commission

The ongoing discussions are focused on the composition and formula for the proportional distribution of seats among executive and legislative institutions.

A general amnesty, excluding gross violations of human rights, war crimes, crimes against humanity and crimes of genocide, is also under discussion for infractions linked to the events of a period yet to be specified.

The international mediators call on all parties to make the concessions necessary to reach agreement on all remaining questions and conclude the negotiations in order to establish a concerted transition.

Antananarivo, 22 May 2009.