Accord N°2 de Maputo sur le Cas du Président Marc Ravalomanana

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Country/entity: Madagascar
Region: Africa (excl MENA)
Agreement name: Accord N°2 de Maputo sur le Cas du Président Marc Ravalomanana
Date: 8 Aug 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: 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 mandate 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 specifically to the annulment of charges against President Ravalomanana.

Agreement document: MG_090808_Accord de Maputo 2_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MG_090808_Accord de Maputo 2.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: Page 2, Article 5
The transitional authorities shall ensure the protection of President Ravalomanana’s family and property.

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: Page 2, Article 3
The leaders shall establish a climate of peace and security for all Malagasys. They shall call for an end to all demonstrations likely to create social and political tensions.

Page 2, Article 4
The party political leaders of Madagascar state that the return of President Ravalomanana to the country should not be considered until a favourable security and political environment has been established.

Page 2, Article 5
The transitional authorities shall ensure the protection of President Ravalomanana’s family and property.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, Article 1
We, the four party political leaders of Madagascar, meeting at the Joaquim Chissano International Conference Centre in Maputo, Mozambique, from August 5 to 8, 2009, demand that the legal conviction of Mr Marc Ravalomanana be annulled, in view of the conditions in which the trial took place.

Page 1, Article 2
The party leaders demand that current charges be dropped and that political prisoners involved in the events of 2009 be released immediately. The leaders shall implement this agreement in accordance with article 15 of the Maputo Political Agreement concerning any damages incurred during the political events of 2002, 2006, 2008 and 2009.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, Article 2
The party leaders demand that current charges be dropped and that political prisoners involved in the events of 2009 be released immediately. The leaders shall implement this agreement in accordance with article 15 of the Maputo Political Agreement concerning any damages incurred during the political events of 2002, 2006, 2008 and 2009.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
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/madagascar-accord2maputo2009

MAPUTO AGREEMENT No 2 ON THE CASE OF PRESIDENT RAVALOMANANA

Within the framework of the mandate 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 President Marc Ravalomanana,

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

Article 1

We, the four party political leaders of Madagascar, meeting at the Joaquim Chissano International Conference Centre in Maputo, Mozambique, from August 5 to 8, 2009, demand that the legal conviction of Mr Marc Ravalomanana be annulled, in view of the conditions in which the trial took place.

Article 2

The party leaders demand that current charges be dropped and that political prisoners involved in the events of 2009 be released immediately.

The leaders shall implement this agreement in accordance with article 15 of the Maputo Political Agreement concerning any damages incurred during the political events of 2002, 2006, 2008 and 2009.

Article 3

The leaders shall establish a climate of peace and security for all Malagasys.

They shall call for an end to all demonstrations likely to create social and political tensions.

Article 4

The party political leaders of Madagascar state that the return of President Ravalomanana to the country should not be considered until a favourable security and political environment has been established.

Article 5

The transitional authorities shall ensure the protection of President Ravalomanana’s family and property.

Signatures