Accords d'Antananarivo

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Country/entity: Comoros
Anjouan
Region: Africa (excl MENA)
Agreement name: Accords d'Antananarivo
Date: 23 Apr 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Anjouan Crisis (1997 - 2008)
The two islands of Anjouan and Mohéli seceded from the Comoros in 1997, with Anjouan unilaterally declaring independence. In the aftermath of this declaration, political infighting emerged and several coup attempts in Anjouan took place. In 2001, a junta led my Mohamed Bacar was able to consolidate power and he began negotiations with the Comoros. These negotiations resulted in the establishment of a renewed Union of the Comoros with a peace agreement constitution. After the end of his formal term, Bacar launched another coup against his successor, declaring independence again in July 2007. In February 2008, the Comoros army, supported by France and members of the African Union, invaded the island and forced Bacar to leave and the declaration of independence to be withdrawn.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Comoros-Anjouan islands peace process
Parties: the Comoros parties signatories to the Addis Ababa Agreement of December 23, 1997 and of the Mohéli Communiqué of January 28, 1998, meeting in Antananarivo (Madagascar) from April 19 to 23, 1999

[Parties as stated in the Addis Ababa Agreement:

The Comorian parties (the Government, Anjouan, Moheli and Grande Comore, and the Opposition: Forum/Federation/PRC and National Union for Development/National Front for Justice)

For the delegation of Ndzuwani (Anjouan):
Ali MOUMINE

For the delegation of Mwali (Moheli):
Mohamed FAZUL

For the delegation of Ngazidja (Grande Comore):
Ali Abdou EL ANIOU

For the delegation of the Opposition
Forum/Federation/PRC:
Moustoifa Said CHEIKH Mohamed Said MCHANGAMA

For the delegation of the National Union for Development/
National Front for Justice:
Ahmed Elarif HAMIDI Tolbrane HOUMADI

For the delegation of the Government: Mouzaoir ABDALLAH]
Third parties: in the presence of official observers,

The OUA, ONU, and the League for Arab States will act as guarantors and oversee the implementation of the Conference decisions.
Description: The agreement provides for power-sharing arrangements in between the central Power and the Islands, commitment to good governance, as well as modalities of the transitional period.

Agreement document: KM_990423_Accords Antananarivo_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): KM_990423_AccordsAntananarivo.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: Page 1-2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
...
c. New name
Union of the Comoros Islands .
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
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)→General references
Page 1, Untitled Preamble:
We, the Comoros parties signatories to the Addis Ababa Agreement of December 23, 1997 and of the Mohéli Communiqué of January 28, 1998, meeting in Antananarivo (Madagascar) from April 19 to 23, 1999, in the presence of official observers, in order to define a new institutional framework which satisfies the legitimate aspirations of the Comorians;

Page 1-2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
...
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
National Executive
The National Executive consists of:
• The President of the Union, Head of State, elected by the National Assembly in turn from candidates from the same Island for a mandate of three years;
• The Government of the Union directed by a Head of Government nominated by the President of the Union and sworn in by the National Assembly. The Islands should be represented equally in the Government.
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
• Constitution of a Government of Transition
• The political parties propose to the interim President of the Republic the nomination of a consensus Prime Minister, of competence and integrity, charged with forming a Government of Transition and discharging his mandate during the period of transition as foreseen in the present Agreement ;
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Mandate
Management of current affairs:
• Establishment of new institutions;
• Establishment of a Commission tasked with preparing an inventory of the national estate;
• Preparing for a round table of donors and re-establishing relations with international financial institutions.
At the Island level:
The structures in place in the Islands will continue to function during the period of transition.
Elections: Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:

...
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.

Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
National Executive
The National Executive consists of:
• The President of the Union, Head of State, elected by the National Assembly in turn from candidates from the same Island for a mandate of three years;
• The Government of the Union directed by a Head of Government nominated by the President of the Union and sworn in by the National Assembly. The Islands should be represented equally in the Government.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.
Power sharing→Political power sharing→Other proportionality
State level
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.
Power sharing→Political power sharing→International involvement
State level
Page 3,

4. MECHANISM FOR MONITORING CONFERENCE DECISIONS
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.

The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.
Power sharing→Political power sharing→Other
State level
Pages 2-3, 3. TRANSITION
a. Institutions of the transition
At the national level:
• Constitution of a Government of Transition
• The political parties propose to the interim President of the Republic the nomination of a consensus Prime Minister, of competence and integrity, charged with forming a Government of Transition and discharging his mandate during the period of transition as foreseen in the present Agreement;
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE
. . .
a. Basic principles of organisation of the State:
• Equitable resource sharing between the Islands and the central Power such that the central Power has adequate resources to exercise its competences.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
...
• Guaranteed public and civil liberties and Human Rights

Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
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: Rights related issues→Citizenship→Citizen, general
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 3, Article 3. Transition:
...
b. Length of the transition period
...
All the Comorian parties undertake to cooperate in order to create a confident and secure climate in the Islands which will favour the free movement of goods and people and the implementation of the decisions of the Comorian Inter-Island Conference;
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, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
Mandate
Management of current affairs:
...
• Preparing for a round table of donors and re-establishing relations with international financial institutions.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
Banks: Socio-economic reconstruction→Banks→Central bank
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
Socio-economic reconstruction→Banks→International finance
Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
Mandate
Management of current affairs:
...
• Preparing for a round table of donors and re-establishing relations with international financial institutions.

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 3, Article 3. Transition:
...
b. Length of the transition period
...
All the Comorian parties undertake to cooperate in order to create a confident and secure climate in the Islands which will favour the free movement of goods and people and the implementation of the decisions of the Comorian Inter-Island Conference;
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
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: Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
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: UN signatory - Guarantor (se portent garantes) and observer; but no signatures on the document
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, Article 4. MECHANISM FOR MONITORING CONFERENCE DECISIONS:
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.
The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.

Page 3, Article 5. RESPONSIBILITY FOR IMPLEMENTATION OF COMORIAN INTER-ISLAND CONFERENCE DECISIONS:
The OUA, ONU, and the League for Arab States will act as guarantors and oversee the implementation of the Conference decisions.
Enforcement mechanism: Page 3, Article 4. MECHANISM FOR MONITORING CONFERENCE DECISIONS:
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.
The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.
Related cases: No specific mention.
Source: http://www.comores-online.com/home/

Text on Antwerp database in French https://www.uantwerpen.be/en/rg/law-and-development/research-topics/human-rights-peace-and-justice/african-peace-agreement-database/comoros/

Antananarivo Agreements

Antananarivo, April 23 1999

We, the Comoros parties signatories to the Addis Ababa Agreement of December 23, 1997 and of the Mohéli Communiqué of January 28, 1998, meeting in Antananarivo (Madagascar) from April 19 to 23, 1999, in the presence of official observers, in order to define a new institutional framework which satisfies the legitimate aspirations of the Comorians;

1. DEFINITION OF THE NEW COMORIAN ENSEMBLE

a. Basic principles of organisation of the State:

• Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference.

Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power.

All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

• Guaranteed sharing of competences between the central Power and the Islands

• Guaranteed public and civil liberties and Human Rights

• Equitable resource sharing between the Islands and the central Power such that the central

Power has adequate resources to exercise its competences.

• These principles will be enshrined in the Basic Law of the Comorian Ensemble and in the

Basic Law of each Island.

b. The institutions

Effective participation of the Islands in the organisation and functioning of the institutions.

i. – National institutions

National Executive

The National Executive consists of:

• The President of the Union, Head of State, elected by the National Assembly in turn from candidates from the same Island for a mandate of three years;

• The Government of the Union directed by a Head of Government nominated by the President of the Union and sworn in by the National Assembly.

The Islands should be represented equally in the Government.

Legislative power:

This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives.

For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives ii,iii.

The Supreme Court:

• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;

• Oversees the distribution of competences between the Comorian Ensemble and the

Islands.

i.i- The Island institutions

The Island Assembly:

Approves acts relating to the competences of the Islands;

The Island Government

This is the seat of decentralised power in each Island enabling the territorial units to discharge their

functions.

c. New name

Union of the Comoros Islands.

2. GOOD GOVERNANCE

The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.

Establishment of genuine rule of law, particularly through the publication of laws and regulations.

Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.

3. TRANSITION

a. Institutions of the transition

At the national level:

• Constitution of a Government of Transition

• The political parties propose to the interim President of the Republic the nomination of a consensus Prime Minister, of competence and integrity, charged with forming a Government of Transition and discharging his mandate during the period of transition as foreseen in the

present Agreement ;

• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.

Mandate Management of current affairs:

• Establishment of new institutions;

• Establishment of a Commission tasked with preparing an inventory of the national estate;

• Preparing for a round table of donors and re-establishing relations with international financial institutions.

At the Island level:

The structures in place in the Islands will continue to function during the period of transition.

b. Length of the transition period

A maximum of one year from signature of the present Agreement.

All the Comorian parties undertake to cooperate in order to create a confident and secure climate in the Islands which will favour the free movement of goods and people and the implementation of the decisions of the Comorian Inter-Island Conference;

4. MECHANISM FOR MONITORING CONFERENCE DECISIONS

The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.

The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.

5. RESPONSIBILITY FOR IMPLEMENTATION OF COMORIAN INTER-ISLAND CONFERENCE DECISIONS

The OUA, ONU, and the League for Arab States will act as guarantors and oversee the implementation of the Conference decisions.

Done in Antananarivo, Friday April 23, 1999, in the presence of official observers.

i Provision formulated by the Anjouan delegation, on the election by direct universal suffrage of half of the representatives in the National Assembly.

ii Provision formulated by the Mohéli delegation, which recommends equal representation of all the Islands in the Assembly.

iii Provision formulated by the Grand Comor delegation, on the minimum and maximum number of representatives per Island.

iv Provision formulated by the Grand Comor delegation, on the new name.