Accord N°3 de Maputo sur l’Annulation des Poursuites et des Condamnations Prononcées contre des Personnalités Politiques, Civiles ou Militaires durant le Regime Ravalomanana

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Country/entity: Madagascar
Region: Africa (excl MENA)
Agreement name: Accord N°3 de Maputo sur l’Annulation des Poursuites et des Condamnations Prononcées contre des Personnalités Politiques, Civiles ou Militaires durant le Regime Ravalomanana
Date: 8 Aug 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: Implementation/renegotiation
Conflict nature: Government
Peace process: Madagascar peace process
Parties: Rajoelina, Andry
Ratsiraka, Didier
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

Page 1, Untitled Preamble
Within the framework of the Joint Mediation Team for Madagascar, under the auspices of the African Union, SADC, OIF and the United Nations,
Description: A short agreement relating to the annulment of charges against civilian and military politicians under the Ravalomanana regime.

Agreement document: MG_090808_Accord de Maputo 3_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MG_090808_Accord de Maputo 3.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: No specific mention.
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: No specific mention.

Power sharing

Political power sharing: No specific mention.
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: No specific mention.
Police: No specific mention.
Armed forces: Page 1, Untitled Preamble
... Having considered in particular the case of civilian and military politicians under the Ravalomanana regime.

Page 1, Article 1
We the four political party leaders of Madagascar meeting at the Joaquim Chissano International Conference Centre in Maputo, Mozambique, from August 5 to 8, 2009, declare null and void with immediate effect all the administrative sanctions and all the legal convictions pronounced during the period December 2002 to August 2009 against civilian and military politicians, for offences or political activities presented as offences in common law, or for attacks on the internal security of the State.
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 1, Article 1
We the four political party leaders of Madagascar meeting at the Joaquim Chissano International Conference Centre in Maputo, Mozambique, from August 5 to 8, 2009, declare null and void with immediate effect all the administrative sanctions and all the legal convictions pronounced during the period December 2002 to August 2009 against civilian and military politicians, for offences or political activities presented as offences in common law, or for attacks on the internal security of the State.
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: Transitional justice→Reparations→Material reparations
Page 1, Article 2
The four political party leaders shall take all appropriate measures to implement the present agreement, in particular compensation for civilians, professional reinsertion, and taking into account any damages incurred.
Reconciliation: Page 1, Untitled Preamble
... Determined and willing to put the national interest above that of individuals, in a spirit of reconciliation,

Implementation

UN signatory: UN Representative signed as witness - pour les Nations Unies - Tiebile Drame
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/MG_090808_Accord%20de%20Maputo%203.pdf

MAPUTO AGREEMENT No 3 ON THE ANNULMENT OF CHARGES AND SENTENCES PRONOUNCED AGAINST CIVILIAN AND MILITARY POLITICIANS DURING THE RAVALOMANANA REGIME

Within the framework of the Joint Mediation Team for Madagascar, under the auspices of the African Union, SADC, OIF and the United Nations,

Having exchanged views on a number of questions relating to finding a lasting resolution to the crisis in Madagascar,

Having considered in particular the case of civilian and military politicians under the Ravalomanana regime.

Determined and willing to put the national interest above that of individuals, in a spirit of reconciliation,

Article 1

We the four political party leaders of Madagascar meeting at the Joaquim Chissano International Conference Centre in Maputo, Mozambique, from August 5 to 8, 2009, declare null and void with immediate effect all the administrative sanctions and all the legal convictions pronounced during the period December 2002 to August 2009 against civilian and military politicians, for offences or political activities presented as offences in common law, or for attacks on the internal security of the State.

Article 2

The four political party leaders shall take all appropriate measures to implement the present agreement, in particular compensation for civilians, professional reinsertion, and taking into account any damages incurred.

Signatures