Acte Additionnel d’Addis Abéba, à la Charte de la Transition Malgache

Country/entity
Madagascar
Region
Africa (excl MENA)
Agreement name
Acte Additionnel d’Addis Abéba, à la Charte de la Transition Malgache
Date
6 Nov 2009
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Implementation/renegotiation
Conflict nature
Government
Peace process
Madagascar peace process
Parties
Ont signe:
Rajoelina, Andry;
Ratsiraka, Dider;
Ravalomanana, Marc;
Zafy, Albert;
Third parties
Ont signe comme témoins:
Pour l'Union Africaine
Ablasse Ouedraogo

Pour la SADC
Joaquim Chissano, chef de l'Equipe Conjointe de Médiation pour Madagascar

Pour l'Organisation Internationale de la Francophonie
Edem Kodjo

Pour les Nations Unies
Tiébilé Dramé
Description
An agreement focusing on the political composition of transitional structures created by the previous Maputo agreements.


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, I. TRANSITIONAL INSTITUTIONS, Article 1
In addition to the Transitional President, who shall exercise the functions of Head of State, designated by the Rajoelina Party, in the person of Mr Andry Rajoelina, a Presidential Council shall be established, made up of two Transitional Co-Presidents designated respectively by:
• the Zafy Party, in the person of Dr Emmanuel Rakotovahiny and;
• the Ravalomanana Party, in the person of Mr Fetison Rakoto Andrianirina.

Page 1, I. TRANSITIONAL INSTITUTIONS, Article 2
The remit of the Transitional President shall be as foreseen in the Transitional Charter. It shall be carried out by the Transitional President, assisted by the two Co-Presidents of the Presidential Council.

Page 2, I. TRANSITIONAL INSTITUTIONS, Article 3
The Transitional President and the two Co-Presidents shall meet weekly to evaluate the national situation, and implement any necessary measures, or have these implemented by the Council of Ministers.

Page 2, I. TRANSITIONAL INSTITUTIONS, Article 4
The two Transitional Co-Presidents shall countersign the acts of the Transitional President.
Elections
Page 2, III. ORGANISATION OF AND PARTICIPATION IN ELECTIONS, Article 6
- The political party leaders of Madagascar have reaffirmed that the principal objective of the Transition is to organise proper, transparent and credible elections for purposes of establishing the institutions of the Fourth Republic.
- They shall take all necessary measures, with the mobilisation and support of the international community, to organise presidential and legislative elections as soon as possible, and within the timescale established by the Transitional Charter.

Page 2-3, III. ORGANISATION OF AND PARTICIPATION IN ELECTIONS, Article 7
- Wishing to ensure neutrality in the forthcoming elections, the political party leaders of Madagascar reaffirm their commitment to Article 5 of the Maputo Political Agreement, which states that:
"The members of the Transitional Government shall not contest a presidential election organised by the Transition."
- In addition, they state that if the President and the Co-Presidents shall choose to participate in the next presidential election, they shall resign their functions, 60 days before the date of the presidential election.
- In the event of the situation described in line 2 of the present article, the older of the two Co-Presidents shall act as President.

Page 3, III. ORGANISATION OF AND PARTICIPATION IN ELECTIONS, Article 8
- To speed up preparations for the elections, party leaders request that the International Community organises as soon as possible the expert electoral advisory mission foreseen in article 6 of the Maputo Political Agreement and article 33 of the Transitional Charter.

Page 6, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
f. INDEPENDENT NATIONAL ELECTORAL COMMISSION
CENI shall be made up of experienced, credible, competent persons of substantial integrity. It shall be set up by the national conference during its first session, no later than December 2009.
Electoral commission
Page 6, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
f. INDEPENDENT NATIONAL ELECTORAL COMMISSION
CENI shall be made up of experienced, credible, competent persons of substantial integrity. It shall be set up by the national conference during its first session, no later than December 2009.
Political parties reform

No specific mention.

Civil society
Page 1, Untitled Preamble
The leaders of the Madagascar political parties, meeting in Addis Ababa from November 3 to 6, 2009, have solemnly reaffirmed their complete adherence to the Political Agreement, the Transitional Charter, and the subsequent agreements signed at Maputo in Mozambique on August 9, 2009.

Page 5, V. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
d. ECONOMIC AND SOCIAL COUNCIL
The President of the Economic and Social Council shall be designated by civil society. The 72 members of the Economic and Social Council shall be designated as follows:
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, I. TRANSITIONAL INSTITUTIONS, Article 1
In addition to the Transitional President, who shall exercise the functions of Head of State, designated by the Rajoelina Party, in the person of Mr Andry Rajoelina, a Presidential Council shall be established, made up of two Transitional Co-Presidents designated respectively by:
• the Zafy Party, in the person of Dr Emmanuel Rakotovahiny and;
• the Ravalomanana Party, in the person of Mr Fetison Rakoto Andrianirina.

Page 3, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 9
- The Malagasy political leaders shall nominate the following persons to the Transitional Institutions:
• President of the Transition, proposed by the Rajoelina Party, Andry Rajoelina;
• Co-President of the Transitional Presidential Council, proposed by the Ravalomanana Party, Fetison Rakoto Andrianirina;

Page 3, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 9
- Transitional Government:
• Prime Minister, Head of the National Unity Government, Mr Eugène Mangalaza
• Deputy Prime Minister, Mr/Mrs....
• Deputy Prime Minister, Mr/Mrs....
• Deputy Prime Minister proposed by the Ravalomanana Party.

Page 4, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
1. The Government - The 31 ministerial portfolios shall be distributed as follows:
• Rajoelina Party: 6 portfolios
• Ravalomanana Party: 6 portfolios
• Ratsiraka Party: 6 portfolios
• Zafy party: 6 portfolios
• Other movements*: 7 portfolios
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 3, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 9
- The Malagasy political leaders shall nominate the following persons to the Transitional Institutions:
... • President of the Transitional Superior Council, proposed by the Rajoelina Party...?;
• President of the Transitional Congress proposed by the Ravalomanana Party, Mamy Rakotoarivelo;

Page 4, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
a. TRANSITIONAL SUPERIOR COUNCIL
- The 65 senators shall be distributed as follows:
• Rajoelina Party: 13 senators
• Ravalomanana Party: 13 senators
• Ratsiraka party: 13 senators
• Zafy party: 13 senators
• Other movements*: 13 senators

Page 4-5, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
b. TRANSITIONAL CONGRESS
- The 258 deputies shall be distributed as follows:
• Rajoelina Party: 52 deputies
• Ravalomanana Party: 52 deputies
• Ratsiraka party: 52 deputies
• Zafy party: 52 deputies
• Other movements*: 52 deputies
Other movements: These responsibilities shall be given to Rajoelin a Party organisations. President Rajoelina shall decide the distribution in consultation with the co-Presidents of the Presidential Council and the Prime Minister.
Power sharing→Political power sharing→Other proportionality
State level
Page 3, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 9
- The Malagasy political leaders shall nominate the following persons to the Transitional Institutions:
... • President of the National Reconciliation Committee proposed by the Zafy party, Dr Albert Zafy.

Page 5, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
c. NATIONAL RECONCILIATION COMMITTEE
The 9 members of the National Reconciliation Committee shall be designated as follows:
• 2 by the Rajoelina Party
• 2 by the Ravalomanana Party
• 2 by the Ratsiraka Party
• 3 by the Zafy party

Page 5, V. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
d. ECONOMIC AND SOCIAL COUNCIL
The President of the Economic and Social Council shall be designated by civil society. The 72 members of the Economic and Social Council shall be designated as follows:
• Rajoelina Party: 10 members
• Ravalomanana Party: 10 members
• Ratsiraka party: 10 members
• Zafy party: 10 members
• Organisations of civil society: 32 members

Page 5-6, V. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
e. TRANSITONAL HIGH COURT
For a total of 11 members:
One member designated by the Transitional President;
One member designated by the Transitional Superior Council;
One member designated by the Transitional Congress;
One member designated by the National Reconciliation Committee;
Three members designate by the Magistracy Superior Council; and
Four members designated by the political parties (one member per party).
The President of the Transitional High court shall be elected by his peers.

Page 6, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
g. COMMITTEE FOR REFLECTION ON DEFENCE AND NATIONAL SECURITY
The Committee for Reflection on Defence and National Security shall be made up of 8 members designated by the political parties as follows:
2 by the Rajoelina Party
2 by the Ravalomanana Party
2 by the Ratsiraka Party
3 by the Zafy party
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 5-6, V. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
e. TRANSITIONAL HIGH COURT
For a total of 11 members:
One member designated by the Transitional President;
One member designated by the Transitional Superior Council;
One member designated by the Transitional Congress;
One member designated by the National Reconciliation Committee;
Three members designate by the Magistracy Superior Council; and
Four members designated by the political parties (one member per party).
The President of the Transitional High court shall be elected by his peers.
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 6, IV. NOMINATIONS TO THE TRANSITIONAL INSTITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
g. COMMITTEE FOR REFLECTION ON DEFENCE AND NATIONAL SECURITY
The Committee for Reflection on Defence and National Security shall be made up of 8 members designated by the political parties as follows:
2 by the Rajoelina Party
2 by the Ravalomanana Party
2 by the Ratsiraka Party
3 by the Zafy party
Ceasefire

No specific mention.

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
Page 3, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 9
- The Malagasy political leaders shall nominate the following persons to the Transitional Institutions:
... • President of the National Reconciliation Committee proposed by the Zafy party, Dr Albert Zafy.

Page 5, IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS, Article 10
- Responsibilities within the Transitional institutions shall be allocated as follows:
2. Other institutions
c. NATIONAL RECONCILIATION COMMITTEE
The 9 members of the National Reconciliation Committee shall be designated as follows:
• 2 by the Rajoelina Party
• 2 by the Ravalomanana Party
• 2 by the Ratsiraka Party
• 3 by the Zafy party

Implementation

UN signatory
UN Representative signed as witness - pour les Nations Unies : Tiébilé Dramé
Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar
Page 3, III. ORGANISATION OF AND PARTICIPATION IN ELECTIONS, Article 8
- To speed up preparations for the elections, party leaders request that the International Community organises as soon as possible the expert electoral advisory mission foreseen in article 6 of the Maputo Political Agreement and article 33 of the Transitional Charter.
Enforcement mechanism
Page 7, V. IMPLEMENTATION OF THE AGREEMENTS AND THE MONITORING MECHANISM, Article 12
They shall ask the UA, to together with SADC, OIF and the UN to set up a mechanism to monitor implementation of the Transitional Charter, the agreements and the present additional act.

Page 7, V. IMPLEMENTATION OF THE AGREEMENTS AND THE MONITORING MECHANISM, Article Article 13
- In accordance with articles 20 and 21 of the Maputo Political Agreement, and articles 36 and 37 of the Transitional Charter, the institutions represented by the members of the Joint Mediation Team are the guarantors of the effective implementation of the agreements.
- The institutions represented in the monitoring mechanism shall make appropriate provisions for evaluating the implementation of the agreements and managing any disputes which may arise.
Related cases

No specific mention.

Source
UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/MG_091107_Acte%20Additionnel%20a%20la%20Charte%20de%20la%20Transition.pdf

ADDIS ABABA ADDITIONAL ACT TO THE MALAGASY TRANSITIONAL CHARTER

The leaders of the Madagascar political parties, meeting in Addis Ababa from November 3 to 6, 2009, have solemnly reaffirmed their complete adherence to the Political Agreement, the Transitional Charter, and the subsequent agreements signed at Maputo in Mozambique on August 9, 2009.

They have undertaken to implement the Maputo agreements, in particular the Political Agreement and the Transitional Charter, which they consider to be the only framework for resolution of the Malagasy political crisis.

I. TRANSITIONAL INSTITUTIONS

The party leaders agree that:

Article 1

In addition to the Transitional President, who shall exercise the functions of Head of State, designated by the Rajoelina Party, in the person of Mr Andry Rajoelina, a Presidential Council shall be established, made up of two Transitional Co-Presidents designated respectively by:

the Zafy Party, in the person of Dr Emmanuel Rakotovahiny and;

the Ravalomanana Party, in the person of Mr Fetison Rakoto Andrianirina.

Article 2

The remit of the Transitional President shall be as foreseen in the Transitional Charter.

It shall be carried out by the Transitional President, assisted by the two Co-Presidents of the Presidential Council.

Article 3

The Transitional President and the two Co-Presidents shall meet weekly to evaluate the national situation, and implement any necessary measures, or have these implemented by the Council of Ministers.

Article 4

The two Transitional Co-Presidents shall countersign the acts of the Transitional President.

II. TRANSITION OBJECTIVES

Article 5

The Party Leaders have reaffirmed their attachment to the Transition objectives as defined in the Transitional Charter, without prejudicing the possibility of revision of national and international agreements by the Transitional Congress or the National Transitional Council

III. ORGANISATION OF AND PARTICIPATION IN ELECTIONS

Article 6

- The political party leaders of Madagascar have reaffirmed that the principal objective of the Transition is to organise proper, transparent and credible elections for purposes of establishing the institutions of the Fourth Republic.

- They shall take all necessary measures, with the mobilisation and support of the international community, to organise presidential and legislative elections as soon as possible, and within the timescale established by the Transitional Charter.

Article 7

- Wishing to ensure neutrality in the forthcoming elections, the political party leaders of Madagascar reaffirm their commitment to Article 5 of the Maputo Political Agreement, which states that:

" The members of the Transitional Government shall not contest a presidential election organised by the Transition."

- In addition, they state that if the President and the Co-Presidents shall choose to participate in the next presidential election, they shall resign their functions, 60 days before the date of the presidential election.

- In the event of the situation described in line 2 of the present article, the older of the two Co-Presidents shall act as President.

Article 8

- To speed up preparations for the elections, party leaders request that the International Community organises as soon as possible the expert electoral advisory mission foreseen in article 6 of the Maputo Political Agreement and article 33 of the Transitional Charter.

IV. NOMINAITONS TO THE TRANSITIONAL INSITUTIONS

Article 9

- The Malagasy political leaders shall nominate the following persons to the Transitional Institutions:

President of the Transition, proposed by the Rajoelina Party, Andry Rajoelina;

Co-President of the Transitional Presidential Council, proposed by the Ravalomanana Party, Fetison Rakoto Andrianirina;

President of the Transitional Congress proposed by the Ravalomanana Party, Mamy Rakotoarivelo;

President of the Transitional Superior Council, proposed by the Rajoelina Party...?;

President of the National Reconciliation Committee proposed by the Zafy party, Dr Albert Zafy.

- Transitional Government:

Prime Minister, Head of the National Unity Government, Mr Eugène Mangalaza

Deputy Prime Minister, Mr/Mrs....

Deputy Prime Minister, Mr/Mrs....

Deputy Prime Minister proposed by the Ravalomanana Party.

Article 10

- Responsibilities within the Transitional institutions shall be allocated as follows:

1. The Government - The 31 ministerial portfolios shall be distributed as follows:

Rajoelina Party:

6 portfolios

Ravalomanana Party:

6 portfolios

Ratsiraka Party:

6 portfolios

Zafy party:

6 portfolios

Other movements*:

7 portfolios

2. Other institutions

a. TRANSITIONAL SUPERIOR COUNCIL

- The 65 senators shall be distributed as follows:

Rajoelina Party:

13 senators

Ravalomanana Party:

13 senators

Ratsiraka party:

13 senators

Zafy party:

13 senators

Other movements*:

13 senators

b. TRANSITIONAL CONGRESS

- The 258 deputies shall be distributed as follows:

Rajoelina Party:

52 deputies

Ravalomanana Party:

52 deputies

Ratsiraka party:

52 deputies

Zafy party:

52 deputies

Other movements*:

52 deputies

Other movements:

These responsibilities shall be given to Rajoelin a Party organisations.

President Rajoelina shall decide the distribution in consultation with the co-Presidents of the Presidential Council and the Prime Minister.

c. NATIONAL RECONCILIATION COMMITTEE

The 9 members of the National Reconciliation Committee shall be designated as follows:

2 by the Rajoelina Party

2 by the Ravalomanana Party

2 by the Ratsiraka Party

3 by the Zafy party

d. ECONOMIC AND SOCIAL COUNCIL

The President of the Economic and Social Council shall be designated by civil society.

The 72 members of the Economic and Social Council shall be designated as follows:

Rajoelina Party:

10 members

Ravalomanana Party:

10 members

Ratsiraka party:

10 members

Zafy party:

10 members

Organisations of civil society:

32 members

e. TRANSITONAL HIGH COURT

For a total of 11 members:

One member designated by the Transitional President;

One member designated by the Transitional Superior Council;

One member designated by the Transitional Congress;

One member designated by the National Reconciliation Committee;

Three members designate by the Magistracy Superior Council;

and

Four members designated by the political parties (one member per party).

The President of the Transitional High court shall be elected by his peers.

f. INDEPENDENT NATIONAL ELECTORAL COMMISSION

CENI shall be made up of experienced, credible, competent persons of substantial integrity.

It shall be set up by the national conference during its first session, no later than December 2009.

g. COMMITTEE FOR REFLECTION ON DEFENCE AND NATIONAL SECURITY

The Committee for Reflection on Defence and National Security shall be made up of 8 members designated by the political parties as follows:

2 by the Rajoelina Party

2 by the Ravalomanana Party

2 by the Ratsiraka Party

3 by the Zafy party

V. IMPLEMENTATION OF THE AGREEMENTS AND THE MONITORING MECHANISM

Article 11

The leaders of the Madagascar political parties shall undertake to implement fully all the terms of each of the agreements signed at Maputo (Political Agreement, Transitional Charter and subsequent agreements), as well as the contents of this additional act.

Article 12

They shall ask the UA, to together with SADC, OIF and the UN to set up a mechanism to monitor implementation of the Transitional Charter, the agreements and the present additional act.

Article 13

- In accordance with articles 20 and 21 of the Maputo Political Agreement, and articles 36 and 37 of the Transitional Charter, the institutions represented by the members of the Joint Mediation Team are the guarantors of the effective implementation of the agreements.

- The institutions represented in the monitoring mechanism shall make appropriate provisions for evaluating the implementation of the agreements and managing any disputes which may arise.

Done at Addis Ababa, November 6, 2009

Signatures

Ont signe:

Rajoelina, Andry

Ratsiraka, Dider

Ravalomanana, Marc

Zafy, Albert

Ont signe comme témoins:

Pour l'Union Africaine

Ablasse Ouedraogo

Pour la SADC

Joaquim Chissano, chef de l'Equipe Conjointe de Médiation pour Madagascar

Pour l'Organisation Internationale de la Francophonie

edem Kodjo

Pour les Nations Unies

Tiébilé Dramé