Accord Pour la Paix et la Reconciliation au Mali - Issu du Processus d'Alger

• Country/entity

  Mali
  Azawad
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Accord Pour la Paix et la Reconciliation au Mali - Issu du Processus d'Alger
• Date

  20 Jun 2015
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Tuareg Wars (1962 - ) )
• Stage

  Framework/substantive - comprehensive
• Conflict nature

  Government
• Peace process

  Mali-Azawad Inter-Azawad peace process
• Parties

  The Government of Mali and le Mouvement national de libération de l'Azawad (MNLA), le Haut Conseil pour l'unité de l'Azawad (HCUA) et le Mouvement arabe de l'Azawad (MAA), le Mouvement arabe de l'Azawad-dissident (MAA-dissident), la Coordination pour le peuple de l'Azawad (CPA) et la coordination des mouvements et fronts patriotiques de résistance (CMFPR).
• Third parties

  -
• Description

  This is a comprehensive agreement covering state principles; governance reform; defence and security issues; development; reconciliation, justice and humanitarian issues; international involvement and transitional arrangements.

• Agreement document

  ML_150620_Accord pour la paix et la reconciliation au Mali _Issu du Processus d'Alger_EN.pdf | Download PDF
• Agreement document (original language)

  ML_150620_Accord pour la Paix et la Réconciliation au Mali - Issu du Processus d'Alger_FR.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

AGREEMENT FOR PEACE AND RECONCILIATION IN MALI

RESULTING FROM THE ALGIERS PROCESS

Preamble

We, the Government of the Republic of Mali and the signatory movements of the road map at Algiers on July 24, 2014, hereinafter known as the Parties;

Meeting at Algiers within the framework of the negotiations defined by the roadmap to reach an Agreement for a global and durable peace, in order to guarantee a definitive solution to the crisis in Northern Mali, known by some as Azawad;

Expressing our deep gratitude to Algeria, as leader of the Mediation Team, as well as the Economic Community of West African States (la Communauté Economique des Etats de l’Afrique de Ouest, CEDEAO), the African Union (l’Union Africaine, UA), the United Nations, the European Union (EU), and the Organisation for Islamic Cooperation (l’Organisation pour la Coopération Islamique, OCI), Burkina Faso, Mauritania, Niger, Nigeria and Chad, members of the Mediation Team;

Having carried out an in-depth analysis of the situation in Mali, in general, and in particular of the nature of the crises which periodically affect the regions of Northern Mali;

Determined to deal definitively with the basic causes of the present situation, and to bring about genuine national reconciliation by reappropriating history through national unity, while respecting the human diversity which characterises the nation of Mali;

Convinced of the need to create a new base to rebuild unity in the country, while respecting its territorial integrity, taking into account its ethnic and cultural diversity, as well as its specific geographical and socio-economic characteristics;

Recognising the need to accelerate economic, social and cultural development in northern Mali using an appropriate system;

Recognising the need for governance which recognises the geo-historical and socio-cultural specificities of the North, whose history has been marked by challenges which have deeply affected the living conditions of its populations;

Recognising the need to restore security immediately, promote a durable peace and stability in our country, and to make real the rules of good governance, transparent management, respect for human rights, justice and the fight against impunity;

Recognising the need to fight against terrorism and international organised crime;

Reiterating our attachment to the relevant African and international instruments;

In the spirit of earlier Agreements, as well as the difficulties encountered in implementing and monitoring these;

Agree the following:

SECTION I:

PRINCIPLES, COMMITMENTS AND FOUNDATIONS FOR A SUSTAINABLE RESOLUTION OF THE CONFLICT

Chapter 1:

Principles and Commitments

Article 1:

In the spirit of the roadmap, the Parties reiterate their attachment to the following principles:

a) respect for the national unity, territorial integrity and sovereignty of the State of Mali, as well as its republican form and secular character;

b) recognition and promotion of cultural diversity and appreciation of the contribution made by all the people of Mali, particularly women and young people, in building the nation;

c) effective management by the population of their own affairs, in a system of governance which takes into accounts their aspirations and specific needs;

d) promotion of balanced development throughout the regions of Mali taking into account their respective potential;

e) rejection of violence as a means of political expression, and the use of dialogue and consultation to resolve differences;

f) respect for Human Rights, human dignity and fundamental and religious freedoms;

g) the fight against corruption and impunity;

h) the fight against terrorism, drug trafficking and other forms of international organised crime.

Article 2:

The Parties shall implement in their entirety and in good faith, the provisions of the present Agreement, recognising their primary responsibility in this regard.

Article 3:

The Malian State institutions shall take the necessary measures to adopt the regulatory, legislative and constitutional measures needed to implement the provisions of the present Agreement, in close consultation with the Parties and with the support of the Monitoring Committee foreseen in the present Agreement.

Article 4:

The provisions of national relevance decreed in the present Agreement shall be implemented first in the regions of Northern Mali, without prejudice to the specific provisions for this part of the country.

These provisions shall be applied in other parts of the country.

Chapter 2:

Foundations for a sustainable resolution of the conflict

Article 5:

The present Agreement aims to establish the conditions needed for a just and durable peace in Mali, contributing to sub-regional stability, as well as international security.

It formally establishes the agreed regulation of the conflict based on the following elements:

The Azawad denomination

The Azawad denomination refers to a socio-cultural reality, both commemorative and symbolic, shared by the different populations of Northern Mali, which are constituent components of the national community.

The necessary consensus shall be based on a common understanding of this denomination, which reflects a human reality, while respecting the unitary character of the Malian state and its territorial integrity.

Measures designed to establish peace and national reconciliation

The socio-political dimension of the cyclical crises which have buffeted Northern Mali requires a political solution.

To this end, a Conference of National Consensus shall be organised during the interim period, with the support of the Monitoring Committee and with equal representation of the Parties, to enable a detailed debate between the components of the Malian nation on the underlying causes of the conflict.

This debate shall address, among other things, the Azawad problem.

It shall identify the elements of a solution which should enable Mali to transcend its painful ordeal, to value the contribution of its different components to the country’s identity, and to promote true national reconciliation.

A Charter for Peace, Unity and National Reconciliation shall be formulated, by consensus, in order to take on board the commemorative, identity and historical dimensions of the Malian crisis, and confirm its national unity and national integrity.

Measures designed to improve governance

Apart from the measures envisaged above, governance which takes into account local characteristics is needed for a definitive resolution of the conflict, including the following elements:

Implementation of an institutional architecture based on territorial collectivities, with organs elected by universal suffrage and with extended powers;

effective management by populations of their own affairs based on the principle of free administration;

greater representation of the populations of the North within national institutions;

reinforcement of the rule of law by bringing the justice system closer to the litigants;

implementation of a defence and security system based on principles of uniqueness, inclusivity and representativeness;

active and meaningful participation of populations, particularly those from the North, in managing local security;

progressive redeployment of the reconstituted armed and security forces of Mali;

establishment of a Development Zone in the Northern Regions, with an Interregional Consultative Council and a specific development strategy based on prevailing socio-cultural geographical and climate conditions.

The Strategy shall be funded principally by a Sustainable Development Fund, financed by national state sources and international contributions;

engagement by the international community to ensure active implementation of and respect for the provisions of the recent Agreement, and diplomatic, financial, technical, and logistical, support for this work;

an interim period shall commence when the Agreement is signed.

SECTION II:

POLITICAL AND INSTITUTIONAL QUESTIONS

Chapter 3:

Institutional framework and territorial reorganisation

Article 6:

The Parties shall put in place an institutional architecture enabling the populations of the North to manage their own affairs in a spirit of participative citizenship, based on the principle of free administration and enabling wider representation of these populations within national institutions.

To this end, the following provisions shall be made:

At the local level

a Regional Assembly shall be set up in the Region elected by direct universal suffrage, to which a large number of competences shall be transferred, as well as resources and appropriate judicial, administrative and financial powers;

within this framework the Malian populations and particularly those of the Northern Regions shall manage their own affairs, based on the principle of free administration;

the President of the Assembly shall be elected by direct universal suffrage.

He shall also be the Chief Executive of the Regional Administration;

the cercles and communes shall have debating organs (a Cercle Council and a Communal Council) elected by universal direct suffrage and managed by offices with an executive function with a President of a Cercle Council and an elected Mayor at their head;

each region shall have the right to choose its own official name within the framework of the provisions relating to the judicial status and functioning of the regions.

At the national level

the process of setting up a second chamber of Parliament known as a Senate, National Council or any other name which emphasises its nature and role, shall be reactivated and speeded up;

it shall be developed as an institution whose remit and composition support the objectives of the present Agreement;

the representation of the populations in the National Assembly shall be enhanced by increasing the number of electoral constituencies and/or other appropriate measures;

in the short term, measures to open the High Council of Collectivities in particular to representatives of the traditional elites, and of women and young people;

there shall be better representation of the populations of northern Mali in the institutions and main public services, bodies and administrations of the Republic.

Chapter 4:

Distribution of powers and competences

Article 7:

The Parties acknowledge the need to share remit and responsibilities between the State and territorial collectivities, to ensure that the latter are effective and able to meet the needs and demands of local communities and citizens.

Article 8:

The regions shall be competent, within the framework defined by legislation and provisions, in the following areas:

a) planning and programming economic, social and cultural development;

b) territorial management;

c) creation and management of public infrastructure and basic social services (basic education and professional training, health, environment, culture, regional road and communication infrastructure, water and sanitation);

d) agriculture, livestock, fishing, forestry management, transport, commerce, industry, handicrafts, tourism, interregional transport;

e) regional administrative budgets and accounts;

f) setting up and collecting local taxes and revenues using parameters specified by the State;

g) fee collection institutions;

h) accepting and refusing donations, subsidies and legacies;

i) disbursement of subsidies;

j) acquisition of holdings;

k) decentralised cooperation and twinning;

l) territorial police and civil protection.

Article 9:

Following publication and transmission to the State representative, deliberations of the territorial collectivities shall be binding.

The distribution of competences between the different territorial collectivities shall be determined by law, based on the principle of subsidiarity.

Chapter 5:

Representation of the State and monitoring legislation

Article 10:

The State shall appoint a Representative for the territorial collectivities, to safeguard the general interest.

To this end, he shall keep them informed of Government policy for major projects and facilitate economic and social development policy and territorial management.

Article 11:

The State, through its Representative, shall monitor a posteori the legality of the administrative laws of the territorial collectivities.

The measures to do this shall be defined by law.

Article 12:

Without prejudice to the State’s prerogatives within the framework of its sovereign powers, the Parties agree that the State and the regions shall consult each other on:

carrying out development projects decided by the State and public and private organisations relevant to these entities;

exploitation of natural resources, in particular mineral resources;

any other questions relating to implementation of this Agreement.

Chapter 6:

Finance and resources

Article 13:

In addition to setting the rates for taxes, fees and local taxes, as stipulated in Article 8 of the present Agreement, each region shall be free to set taxes appropriate for its economic situation and its development objectives, within the framework of the law.

Article 14:

The State shall set up a mechanism between now and the year 2018 to transfer 30% of its budgetary income to the territorial collectivities, based on a system of equalisation, focussed in particular in the Northern Regions, using criteria to be specified.

Article 15:

The state shall transfer a percentage of the revenues from exploitation of natural resources, particular mineral resources, to the territorial collectivities using mutually agreed criteria.

Article 16:

The State undertakes to:

transfer to the territorial collectivities those decentralised services which are relevant to their areas of competence;

make public service more attractive in in the regions of Northern Mali;

give priority to the territorial collectivities in recruitment to public services, whose staff shall come mainly from the Northern Regions.

SECTION III:

QUESTIONS OF DEFENCE AND SECURITY

Chapter 7:

Overall principles

Article 17:

The questions of defence and security addressed below shall be guided by the following principles:

Inclusivity and substantial representation of all the populations of Mali within the armed and security forces.

Uniqueness of the Malian armed and security forces, which shall report organically and hierarchically to the central State;

Progressive redeployment of the reconstituted armed and security forces of Mali.

Chapter 8:

Cantonment, integration and disarmament, demobilisation, and reinsertion (DDR)

Article 18:

The cantonment process for combatants seeks to identify those combatants eligible for integration or the DDR programme.

This process shall be completed according to the standards and professional practices established by the United Nations Multidimensional Integrated Stabilisation Mission in Mali (la Mission Multidimensionnelle Intégrée des Nations Unies pour la Stabilisation en Mali, MINUSMA).

Article 19:

The Parties shall set up a national committee for DDR, including representatives of the Government and the signatory movements.

This Committee shall work closely with the Monitoring Committee for this Agreement.

Article 20:

Integration shall take place as and when the combatants are cantoned, either by integration in the units formed by the State, including in the armed and security forces, or in civilian life.

Cantoned ex-combatants who are not integrated shall be subject to DDR.

Chapter 9:

Redeployment of the Armed and Security Forces

Article 21:

The reconstituted armed and security forces shall be progressively redeployed following signature of the Agreement, throughout the Northern Regions.

This redeployment shall be led by the Operational Coordination Mechanism (Méchanisme de Coordination Opérationnel, MCR) with the support of MINUSMA.

Article 22:

The redeployed force shall include a substantial number of persons from the Northern Regions, including in positions of command, in order to facilitate the return of confidence and of security in these regions.

Chapter 10:

Reorganisation of the Armed and Security Forces

Article 23:

The Parties agree on the need to undertake a fundamental Reform of the Security Sector (Réforme du Secteur de Sécurité, RSS), learning from past experience and based on the relevant documents of the African Union and the United Nations.

Article 24:

The Government shall, with the help of its international partners, take all necessary measures to set up institutions of defence and security, able to respond to the country’s needs and to contribute to enhancing regional security.

Article 25:

The Parties shall set up an RSS National Council, sufficiently representative and bringing together the capacities of the different communities, in order to carry out an in-depth reflection on a new vision for national security, taking into account relevant local, regional, national and international factors.

Article 26:

The RSS National Council shall make recommendations on new mechanisms for appointments to the senior positions of command and of services, in order to strengthen national cohesion and improve the professionalism and efficacy of these posts.

Article 27:

In the context of reform of the Armed and Security Forces, a police force shall be created, under the authority of territorial collectivities, within the framework of their police powers.

Article 28:

Local consultative security committees shall be established bringing together representatives of the State, of local and regional authorities, of communities and of traditional leaders, under the authority of the local chief executive.

Chapter 11:

The fight against terrorism

Article 29:

The Parties reiterate their commitment to combatting terrorism and its many connections with organised crime and drug trafficking, including by means of existing strategies and regional mechanisms.

Article 30:

The Parties shall set up special units as needed, in order to combat terrorism and organised international crime.

SECTION IV:

SOCIO-ECONOMIC AND CULTURAL DEVELOPMENT

Chapter 12:

Specific Development Strategy

Article 32:

The Parties agree that the State needs to reposition its local development strategy in favour of greater involvement of local collectivities in formulating their own development strategies based on solidarity, and which are participative and adapted to the socio-cultural and geographic local realities, while ensuring transparency and proper accounting at all levels.

Article 33:

A Development Zone for the Northern Regions shall be created, with an Interregional Consultative Council made up of representatives of the relevant Regional Assemblies and tasked exclusively with coordinating efforts and resources in order to accelerate local socio-economic development and related questions.

Article 34:

A Specific Development Strategy shall be prepared for the Zone by the Parties with the support of international partners and financed in particular by a Sustainable Development Fund.

Article 35:

The Strategy aims to raise the Northern Regions to the same level as the rest of the country in terms of development indicators, within the next 10 to 15 years.

The Consultative Council for the Development Zone shall monitor its implementation supported by the competent authorities and institutions.

Article 36:

The Parties shall set up, under the auspices of the Monitoring Committee for the present Agreement (Comité du Suivi du present Accord, CSA), a “Joint Evaluation Committee for Northern Mali” (“Mission d’Evaluation Conjointe au Nord du Mali, MIEC/NordMali”) in order to identify needs in terms of rapid recovery, reducing poverty and development in the Zone.

The mission shall take place no later than three months following signature of the Agreement.

The World Bank, the African Development Bank (Banque Africaine de Développement, BAD), and the Islamic Development Bank (Banque Islamique de Développement, BID), shall be invited to lead the mission, together with the Government, other competent international institutions, and representatives of the Zone.

Article 37:

A Conference to appeal for funds shall be convened within two months of developing the Specific Development Strategy.

The Conference shall institute a Sustainable Development Fund which shall serve as a financing mechanism for the Specific Development Strategy.

Chapter 13:

Mobilisation to promote development in the Northern Regions

Article 38:

The Development Zone of the Northern Regions shall be prioritised in terms of the provisions for State support in the present Agreement.

To this end, the Parties shall take all short, medium and long-term measures listed in Annex, relating to socio-economic and cultural development.

The Government shall submit a document following the first meetings of the CSA, specifying its commitments in this area, the resources which it plans to mobilise, and the timetable for implementation of the commitments made, in particular in the following areas:

basic social services;

development of human resources;

food security;

rural development (agriculture, livestock farming and pastoral activities);

structural infrastructure to open up the Northern Regions;

mining and solar energy;

employment, particularly for women, young people and former combatants;

creation of local enterprises;

reinsertion and rehabilitation of repatriated and displaced persons and other vulnerable groups;

handicrafts, tourism, commerce and communications;

and

education and culture.

Article 39:

The Parties shall take the following measures in the areas of education and culture:

adaptation of teaching programmes to the socio-cultural situation in the regions;

promotion of local languages and scripts;

strengthening the primary and secondary education system paying particular attention to education for all;

creating higher education institutions;

creating cultural centres and museums;

and

promoting the culture of these regions at local, national and international levels.

The Agency shall be part of the regional administration under the authority of the President of the Regional Assembly, to which it shall be responsible.

Article 41:

Conventions for region/State programmes shall be concluded in order to set up structural multiannual investment programmes, and to regulate state obligations in the areas of social and economic development.

Article 42:

The State shall facilitate greater involvement of the territorial collectivities in raising and using revenues and subsidies from the exploration and exploitation of local natural resources, as well as the dividends generated by decentralised cooperation, and in the relevant Economic Agreements concluded by the State.

Article 43:

The State shall promote projects for cross border cooperation arising from local initiatives.

Provision will be made for territorial collectivities to be sufficiently involved in the development, agreement, implementation and monitoring of the Aid and Development Agreements which concern them.

Article 44:

A periodic review of the development programmes shall be carried out by the technical and financial partners under the auspices of the Monitoring Committee.

Article 45:

All the international stakeholders who have developed strategies or initiatives in the Sahel shall be invited to give the necessary priority to the needs of the regions of Northern Mali, and the importance of their rapid stabilisation for peace and regional security.

SECTION V:

RECONCILIATION, JUSTICE AND HUMANITARIAN QUESTIONS

Chapter 14:

Reconciliation and justice

Article 47:

The Parties shall promote genuine national reconciliation based on the following elements:

development of a National Charter for peace, unity and national reconciliation;

creation of transitional justice mechanisms in particular by operationalising the Truth, Justice and Reconciliation Council (Commission Vérité, Justice et Réconciliation, CVJR);

creation of a Committee to fight corruption and financial mismanagement;

creation of an International Committee of Enquiry tasked with investigating all war crimes, crimes against humanity, genocide, sexual crimes and other serious violations of International Law, Human Rights and International Humanitarian Law throughout Malian territory;

reaffirmation of the inalienable character of war crimes and crimes against humanity and the commitment of the Parties to cooperate with the International Committee of Enquiry;

no amnesty for the authors of war crimes, crimes against humanity and serious violations of Human Rights, including violence against women, girls and infants, related to the conflict;

consolidation of judicial power in order to ensure the Rule of Law throughout the country;

commitment to carry out an in-depth review of the justice system to bring it closer to the litigants, improve its performance, end impunity and integrate traditional and customary regulations without prejudice in the sovereign law of the State;

extension of legal and regulatory assistance, and information on citizens’ rights;

promotion of high quality training for all stakeholders and related personnel in the justice system, including the Cadis;

reassessment of the role of Cadis in administering justice, particularly concerning civil mediation, taking into account cultural, religious and traditional characteristics;

acknowledgement of the status of traditional authorities within the regulations on protocol and precedence.

Chapter 15:

Humanitarian questions

Article 47:

The Parties shall create the conditions needed to facilitate the rapid return, repatriation, reintegration and reinsertion of all displaced persons and refugees, and to set up mechanisms to take care of them, in accordance with the relevant African and international instruments, including the UA Convention of 1969 regulating aspects specific to the problems of refugees in Africa, and the 2009 Convention (Kampala Convention) on protection and assistance for displaced persons in Africa.

Article 48:

The Parties shall invite humanitarian agencies and organisations to support their efforts to ensure the rapid return repatriation, reintegration and reinsertion of all displaced persons and refugees.

Article 49:

The Parties shall promote and respect the principles of humanity, neutrality, impartiality and independence which guide humanitarian action.

They shall also prevent any use of humanitarian aid for political, economic or military ends, and facilitate access for humanitarian agencies and guarantee the security of their personnel.

SECTION VI:

INTERNATIONAL GUARANTEES AND SUPPORT

Chapter 16:

Responsibility of the Parties

Article 50:

The Parties recognise that the primary guarantee of the outcome of the Agreement rests in their sincerity, good faith and commitment to take on the contents of the Agreement and to work to implement all of its provisions in the interests of achieving reconciliation in their country, as well as peace, security and stability in Mali and the overall region.

Article 51:

The Parties request that the political class, as well as civil society, particularly women and young people, the media, traditional communicators and the traditional and religious authorities, extend their full support to achieving the objectives of the Agreement.

Chapter 17:

Role of the Mediation Team

Article 52:

The Mediation Team, guided by Algeria as Leader, shall be the political guarantor of the Agreement and of the Parties respect for its provisions:

To this end, it shall:

continue to provide its good offices to the Parties;

advise the Parties, as needed during the implementation process, and;

play the role of last resort both politically and morally where serious problems arise which might compromise the objectives and goals of the present Agreement.

Article 53:

The Mediation Team shall contribute actively to an international appeal for an optimal implementation of the Agreement and the mobilisation of any support needed for Mali.

Chapter 18:

Role of the international community

Article 54:

The international community is the guarantor of the scrupulous implementation of the present Agreement and shall support the efforts invested for this purpose.

More specifically:

the United Nations, UA, CEDEAO, EU, OCI, as well as other international partners, are committed to providing their full political support for the Agreement;

the Peace and Security Council of the African Union and the United Nations Security Council are invited to fully support the Agreement, and to follow its implementation closely, and to take any necessary measures against all those who hinder the implementation of those commitments and the realisation of its objectives;

the international community is called on to support implementation of the Agreement, by providing the financial, technical and logistical support needed for the different mechanisms foreseen in the Agreement to operate, the DDR and the RSS, and the efforts to combat terrorism and organised crime, as well as to contribute generously and promptly to the planned Trust Fund, by using the planned Conference to appeal for funds foreseen in the Agreement, in order to make a substantial contribution to the development of the Northern Regions.

Article 55:

The Parties shall set up an evaluation and monitoring mechanism, involving all of the Malian stakeholders concerned and the international partners.

Article 56:

The defining role and important contributions expected from MINUSMA, the Agencies and programmes of the United Nations and all other international structures and organisations to achieve the objective of the present Agreement relate to the mandates granted by their competent bodies.

Chapter 19:

The Agreement Monitoring Committee

Article 57:

After signing the Agreement, the Parties shall establish a Committee to monitor implementation of the Agreement for Peace and Reconciliation in Mali (CSA).

Article 58:

The CSA shall be made up as follows:

the Government of Mali, the signatory movements of the present Agreement and the Mediation Team (Algeria, as Leader, Burkina Faso, Mauritania, Niger, Chad, CEDEAO, United Nations, OCI, UA, and the EU).

The permanent members of the United Nations Security Council are invited to participate in the work of the Committee.

The CSA may invite as necessary, other stakeholders and international financial institutions, to participate in its work.

Article 59:

The CSA shall be chaired by Algeria, Mediation Team Leader, assisted by Burkina Faso, Mauritania, Niger and Chad, as Vice-Chairs.

The Committee’s headquarters shall be at Bamako;

it may occasionally meet elsewhere, as necessary.

It shall meet in plenary session at least once a month, and may hold extraordinary meetings as needed.

Article 60:

the CSA shall fulfil the following remit:

ensure the monitoring, supervision, coordination and active implementation by the Parties of all the provisions of the present Agreement, without prejudice to MINUSMA’s mandate from the Security Council;

prepare a detailed timetable for implementation of the relevant provisions and monitor this;

assist with interpretation of the relevant provisions in case of disagreement between the Parties;

where necessary, reconcile the Parties’ positions;

and

encourage the Government to take all necessary measures for the effective implementation of the present Agreement, including:

i. the location of dispersed and decentralised public services in the North;

ii. the careful adoption of constitutional, legislative and regulatory texts to enable implementation of the provisions of the Agreement;

iii. the transfer of the resources and funds needed to enable the territorial collectivities to function effectively and exercise their competences;

iv. taking measures to enable the new democratic mechanisms convened in the Agreement to be developed locally, particularly by updating electoral registers, encouraging enrolment and participation in local elections, and supporting the creation of new institutions and procedures.

Article 61:

Subject to its mandate and in the limit of its capacities, MINUSMA shall manage the CSA Secretariat.

MINUSMA, together with UA (MISAHEL), OCI, EU and CEDEAO, shall assist CSA to monitor implementation of the Agreement.

Article 62:

To accomplish its mandate, CSA shall establish four sub-committees covering the following themes:

”political and institutional questions;

“defence and security”;

“economic, social and cultural development”;

and “reconciliation, justice and humanitarian questions”.

Chapter 20:

Independent observation

Article 63:

The Parties shall appoint an independent observer for the CSA, tasked with objectively evaluating the implementation status of the present Agreement.

It shall publish a detailed report every four months reporting on achievement of the commitments made in the Agreement, identifying any blockages and responsibility for these, and making recommendations on the measures to be taken.

Article 64:

The Independent Observer shall be provided with the technical support needed to carry out his mandate.

SECTION VII:

FINAL PROVISIONS

Article 65:

The provisions of the present Agreement may only be modified with the explicit consent of all the signatories to the present Agreement and after advice from the Monitoring Committee.

Article 66:

The annexe as well as the Declaration of the Parties to the Algiers Process signed at Algiers on February 19, 2015, form an integral part of the Agreement and have the same legal status as the other provisions in the body of the text.

Article 67:

The Coordination and the Platform are understood to include all of the entities party to it on the date of signature of the present Agreement.

The signatures in the name of the Coordination and the Platform are done in the name of each of the entities.

Article 68:

The present Agreement enters into force upon signing by the Parties and the Mediation Team.

ANNEX 1:

Interim period

While awaiting implementation of the measures foreseen in the present Agreement, the following interim measures have been agreed.

They shall be carried out during an interim period which shall begin immediately after signature of the Agreement for Peace and Reconciliation in Mali resulting from the Algiers Process, for a period between eighteen and twenty-four months.

The purpose of this period shall be to establish conditions favouring the reconciliation of the people of Mali, and to lay the foundations of a new, democratic and united Mali, thanks in part to the promotion of peace, democracy and the acceptance of cultural diversity.

It shall also ensure the return, reinstallation and reinsertion of those Malians living outside the country, as well as the rehabilitation of its victims.

Objectives of the interim period

An interim period shall begin immediately after signing the present Agreement.

During this period, while awaiting the adoption and entry into force of the legal and governance provisions of the present Agreement, exceptional measures concerning the administration of the northern regions of Mali shall be implemented.

The objectives of these provisions shall be:

To guarantee the adoption of the legislative and regulatory texts, including constitutional texts, enabling a new institutional and political, security and defence, economic, social and cultural, and justice and national reconciliation, framework to be established and rendered operational;

To revise electoral legislation to enable local, regional and national elections to be held during the interim period, in order to put in place the organs foreseen in the present Agreement;

To implement the measures and arrangements relating to reestablishment of peace, the cessation of hostilities and reform of the forces of defence and security, in order to increase their professionalism and their republican character;

To monitor the adoption of the agreed measures to combat terrorism and extremism and to avoid any further exclusion, marginalisation and impunity.

To apply the Agreement according to the implementation timetable.

In order to ensure the continuity of the State, existing institutions shall continue to exercise their remit until the new organs foreseen in the present Agreement are established.

Creation, when necessary and at the latest within three months of signature of the present Agreement, of the authorities charged with administering the Northern communes, cercles and regions during the interim period.

Their appointment, competences and operational procedures shall be mutually agreed by the Parties;

Careful adoption of the constitutional, legislative and regulatory texts to enable implementation of the provisions of the Agreement;

The Government take all necessary measures to have a new electoral law adopted by the National Assembly, within 12 months;

The regional and local elections for the organs concerned by the provisions of the present Agreement shall take place during the interim period and no later than 18 months hence.

Annex 2:

Defence and Security

I. Interim security measures

Under the auspices of the Sub-Committee for Defence and Security of the Monitoring Committee, a Technical Security Committee (Commission Technique de Sécurité, CTS) shall be created which shall assume the remit of the Joint Technical Security Committee (CTMS) resulting from the Algiers Agreement and enlarged on September 16, 2014, at Algiers:

a. Effective participation of Government representatives and of the Coordination and the Platform in the CTS and in the enlarged Mixed Observation and Verification Teams (Equipes Mixtes d’Observation et de Vérification, EMOVs), including outposts.

The enlarged CTMS shall pursue its missions until the active implementation of the CTS;

the CTS shall include six representatives of the armed and security forces of Mali;

three representatives of the Coordination and three representatives of the Platform.

It shall include two representatives of MINUSMA (including the Chair of CTS) and a representative of each member of the Mediation Team and the international forces in attendance.

the CTS is tasked in particular with:

observing the ceasefire between the Parties;

investigating any violations of the ceasefire;

updating and verifying the security arrangements;

identifying and validating the cantonment sites;

and

providing technical support for the integration process of ex-combatants.

b. Creation of the Operational Coordination Mechanism (Méchanisme Opérationnel de Coordination, MOC) and mixed patrols

Within 60 days of signing the Agreement, an MOC and mixed patrols shall be set up under the auspices of the CTS;

the CTS shall propose detailed terms of reference for the MOC, including its composition and remit.

The terms of reference shall specify on an inclusive and consensual basis, the number of representatives of the armed and security forces and the Coordination and the Platform within the MOC;

This mechanism shall be coordinated by an officer of the armed and security forces, seconded by a representative of the Coordination and of the Platform;

the MOC shall work closely with the international forces in attendance;

The MOC shall be tasked with planning and carrying out the mixed patrols including elements of the Malian armed and security forces and elements of the Coordination and of the Platform, with, if necessary and possible, the support of MINUSMA and the international forces in attendance (procedures and timetable for patrols by zone to be defined by MOC).

The first joint patrol shall take place no later than 60 days after signing the Agreement;

The MOC shall also be tasked with planning and coordinating all the actions and movements of the combatants throughout the cantonment process;

Within 60 days of signing the Agreement, the CTS and MOC shall present an implementation plan for security arrangements in Northern Mali, in which mixed patrols shall have a key role in providing security for the cantonment/regroupment and demobilisation process.

This plan shall aim to prevent/reduce any security lacunae before, during and after the process of cantonment, integration and DDR.

c. Cantonment

Within 30 days of signing the Agreement, the CTS shall complete its identification and validation of the sites for cantonment/regroupment and demobilisation of combatants.

MINUSMA shall begin preparation of these sites which shall be ready within a maximum of 120 days, and shall be delivered as and when they are ready.

Within 30 days of signing the Agreement, CTS shall implement the operational procedures of February 18, 2014, for the cantonment process, in accordance with the provisions in the present Agreement, and shall establish the start date for the process.

Within 30 days of signing the Agreement, the movements shall provide CTS with a definitive and certified list of their combatants and arms, based on the principles defined in the updated operational procedures of February 18, 2014.

II. Integration of ex-combatants

Within 60 days of signing the Agreement, an Integration Committee shall be established

The Integration Committee, which shall consist of representatives of the armed and security forces, of the Coordination and of the Platform, shall work in close collaboration with the Monitoring Committee for the present Agreement;

A Decree shall define the composition, remit and working methods of the Integration Committee under the authority of the President of the Republic, who shall appoint a competent and consensual individual as its Chair;

Within 90 days of signing the Agreement, the Integration Committee, in coordination with the National Council for RSS, shall establish the criteria, quotas and methods for the integration of combatants in the units constituted by the State, including in the armed and security forces, and will harmonise the ranks;

On this basis, the movements will submit a list of their combatants as candidates for integration, and the Government shall take any necessary measures to integrate them, no later than six months after signing the Agreement, supervised by the Integration Committee and the National Council for RSS;

The Integration Committee, in coordination with the National Council for RSS, shall make proposals for methods to allocate and reclassify ranks.

Members of the movements who were formerly officers in the armed and security forces shall be reintegrated in at least the same ranks.

Those not fulfilling the conditions and those who do not choose to be integrated shall be granted a retirement pension proportional to an invalidity pension or any other similar arrangement.

III. Disarmament, Demobilisation and Reinsertion Process (DDR)

Within 60 days of signing the Agreement, a National Committee for DDR shall be established

This DDR National Committee shall work closely with the Monitoring Committee for the present Agreement;

A Decree shall specify the composition, remit and working methods of the DDR National Committee under the authority of the President of the Republic, who shall appoint a competent and consensual individual as its Chair;

The DDR National Committee shall consist of a high-level political organ, and technical sub-committees which shall work cooperatively in parallel, as well as operational outposts at the regional level;

The technical sub-committees shall be made up of experts and representatives of the armed and security forces, of the Coordination and the Platform, and of the competent ministries, and of community representatives.

Within 120 days of signing the Agreement, the DDR National Committee in collaboration with the Monitoring Committee for the present Agreement, shall adopt a national and coherent programme for inclusive DDR, which shall be accepted by all, and shall detail the resources needed.

The DDR National Committee shall be set up with the support of all subdivisions of the Malian State and its partners.

IV. Redeployment of the armed and security forces

Within 60 days of signing the Agreement, the MOC, through the CTS, shall propose a plan and a detailed timetable for the redeployment of the reconstituted Armed and Security Forces in Northern Mali.

This plan and redeployment timetable shall be based on the implementation plan for security arrangements in Northern Mali and shall take into account the environment, threats and security needs;

The reconstituted and deployed units shall be entirely equipped and in the charge of the Malian State;

The redeployment of the reconstituted armed and security forces shall take into account the requirement to protect the populations and the need for interior security, to secure the frontiers and to fight against terrorism.

V. Reform of the defence and security sector

a. Within 60 days of signing the Agreement, the decree on creation of the National Council for RSS shall be revised in order to increase the representation of the signatory movements for the Agreement and the different communities, and to agree reforms and plan for implementation.

Within 90 days of signing the Agreement, the CN-RSS shall carry out a detailed evaluation of the system of defence and security, with the support of its partners and in consultation with the populations, in order to determine the main directions of reform of the sector.

CN-RSS shall also specify the responsibilities and remit of the different stakeholders in the security sector, taking into account the diverse geography (towns, villages, brush land, desert areas, transport routes, checkpoints and border areas) and in line with the objectives being pursued (population protection, justice, imprisonment and execution of judicial sentences, combatting natural disasters, offensive actions, demonstrations, inquiries, defence of the territory, border control, surveillance, management and supervision of security institutions, etc.).

CN-RSS shall ensure greater monitoring and supervision of the armed and security forces at the national and local level and promote respect for the rule of law.

b. Establishment of the territorial police

Within 12 months of signing the Agreement, a law establishing and defining the competences of the new territorial police shall be adopted.

It shall specify the relationship between the territorial institutions and the other security structures, its composition and training and recruitment, as well as the hierarchical organisation and the methods of command and control.

c. Establishment of Local Consultative Security Committees (Comités Consultatifs de Sécurité, CCLS)

Within 60 days of signing the Agreement, CCLS shall be established by decree, first at the regional level, and then at the communal level (one CCLS for each region based in the regional capital, and one CCLS in each commune).

CCLS shall include the stakeholders in justice and security at the local level, including representatives of the new territorial police, of communities and traditional authorities, and members of civil society including associations for women and young people.

CCLS shall provide advice and recommendations at the level of the local executive and to security stakeholders, and shall assist with information exchange, awareness-raising and taking greater account of the concerns of the population.

CCLS shall meet at least once a month to evaluate the security situation and to make recommendations.

ANNEXE 3:

Economic, social and cultural development projects and actions to undertake in the Northern regions of Mali over the short, medium and long term

Interim measures

In accordance with the provisions in Section VI of the Agreement concerning the Interim Period, the following actions andprojects identified by the Parties shall be completed as a matter of urgency and in order of priority to benefit the populations affected by the security situation in the Northern regions of Mali:

Education and training

Organising the start of the school year 2015 across the regions of Gao, Timbuktu and Kidal.

Upgrading the school facilities in these regions.

Upgrade the catering facilities in 314 schools from the date of reopening with respect to food and appropriate preparation equipment.

Upgrading the operation of the schools by:

Repairing damaged buildings;

Supply of educational (and recreational) materials and learning kits;

and

The rapid return of teachers deployed in other regions of Mali to the regions of Gao, Timbuktu and Kidal, by means of incentives.

Preparing the students admitted to the DEF in the academies of Timbuktu and Gao;

Recruiting temporary teachers for the duration of the intervention;

Constructing and equipping the Temporary Apprenticeship Spaces (EAT);

Organising the registration and acceptance of the students admitted to the Bac in the educational establishments;

Mobilising the support and engagement of the community to encourage the return of children, particularly girls, to school within the affected areas;

Constructing and equip agro-pastoral professional training centres at Kidal and Timbuktu;

Rehabilitate the Saharan Agricultural Promotion training centre at Gao.

Health:

Upgrading the operation of the health organisations (CSCom, CSRef.,

and regional hospitals) by:

The provision of technical material and equipment and health products to supply the different levels of health provision

The rehabilitation and equipment of the non-operational health organisations in the regions of Gao (3), Timbuktu (3) and Kidal (5).

Organising the return of displaced health staff to the affected areas, by putting in place incentives (payments, practical moving help….)

and security measures;

Recruiting and organising temporary medical personnel to reinforce health provision and increase the coverage of services during the period of intervention;

Organising specialist training days in regional hospitals, provided by national hospital practitioners, for certain specialties (cardiology, ophthalmology, surgery);

Improving the population’s financial access to health by covering the medical costs of the indigent and repatriated persons;

Upgrading strategic activities to increase preventative and curative health by mobile teams;

Setting up screening programmes to measure, detect and take charge of children suffering from acute malnourishment;

Undertaking epidemiological surveillance across the three regions and creating the capacity to react;

Beginning the construction and equipment of three local health and social assistance centres respectively at Kidal, Gao and Timbuktu.

Water resources

Rehabilitation of water sources (boreholes, local wells);

Drilling of a borehole at Kidal;

Drilling of a borehole at Gao;

Construction of a storage-well at Timbuktu

Reactivation of the local economy

Supplying the means to reactivate agricultural and livestock production by:

Relaunching family and community agriculture;

Distributing agricultural inputs;

Organising vaccination and treatment campaigns for livestock;

Repairing mechanical pumps in managed zones;

Setting up revenue-generating programmes for women and young people within the sectors of agriculture, stock-breeding, small business, fishing and crafts.

Implementation methods:

The government shall implement the above actions and projects with transparency, in consultation with the Algiers Process and with the involvement of local communities;

The Government shall mobilise the required financial and human resources for the implementation of the above projects, including possible financing by technical or financial partners;

The Sub-Committee on “Socio-Economic Development Questions” of the Monitoring Committee shall be charged with the monitoring and periodic evaluation of the project implementation.

The joint committee shall be composed of the Parties and the Mediation Team, consisting of one representative of each Party.

The Committee shall have recourse to anybody whose advice it considers useful.

It will conduct its evaluation meetings as necessary, at the request of the Mediation Team;

The international community shall be invited to be strongly involved in supporting the projects referred to in this Annex;

The Government shall pay special attention to the protection, assistance and promotion of vulnerable social groups, notably, orphans, child or female heads of families, traumatised children, widows, young delinquents, physically and mentally disabled persons, etc.;

Project implementation shall take place within a framework that assures a synergy between activities that address urgent humanitarian needs and those that stimulate long term economic regeneration, sustainable growth, poverty reduction and the achievement of the Millennium Development goals;

The Parties shall abstain from any activity that disrupts or hinders project implementation;

The Parties shall ensure free access and security for State employees, service providers and humanitarian agencies.

II. Medium and long term measures

Within the framework of the Specific Development Strategy described in Section IV of the Agreement on socio-economic andcultural development of the northern Regions, multi-annual special plans for the Development Zone for the Northern regions of Mali will be set up and comprise principally of the following projects andactions:

In the area of rural development, food security and the environment, the following shall be progressed:

Support for producers with seeds, fertilisers and other inputs;

Support for technical services for the reconstruction of vegetable and animal genetic resources;

Strengthening of animal health by the rehabilitation of regional and local veterinary centres;

Improvement of health coverage for livestock of each region

Setting-up supply and logistical services, and technical expertise and the support for return of technical personnel;

The promotion of small scale fishing ponds, floating cages and fish introduction in lakes;

Food distribution to the populations most vulnerable to food scarcity;

Strengthening of national capacity to ensure food security;

Improving the efficiency of early warning systems against famine;

Improving the capacity of the National Security Stock (Stock National de Sécurité) and communal cereal stores;

Supplying foodstuffs to the most vulnerable populations;

Improving cereal exchanges between deficit and surplus zones;

Supporting the production and marketing of local livestock;

Combatting the silting of the River Niger, tributaries and principal lakes, and supply channels;

Supporting the planting of riverbanks to supply firewood and timber;

Protecting local wildlife and habitats with a view to developing eco-tourism;

Combatting acidification;

Assisting research in agro-pastoral matters.

Within the framework of the relaunch of the local economy, the following shall be progressed:

Reintegration of women and young people and their organisations into private collective initiatives;

Promotion of income-generating activities for women or young people grouped in social enterprises (economic or cooperative associations or collectives);

Support for the creation of micro-enterprises within the community in order to revitalise the local economy and promote employment opportunities;

Improvement in the skills of women and young people aligned to the real requirements of local economies and their active participation;

Support to cooperatives and businesses which may generate employment, through financial or non-financial aid adapted to their needs;

Training and management support, directed primarily towards entrepreneurs, start-ups of income generating activities;

Better organisation of handicraft workers;

Creation of Craft Villages within the Northern regions of Mali;

Access to credit and other production inputs;

Creation of markets and centres of exchange for greater sub-regional integration;

Setting up a business support programme for qualified young people and women, training programmes and support for the inclusion of children withdrawn from school or not educated;

Improvement in the productivity and competitiveness of craft businesses through professional development;

Establishment of income-generating activities;

Access to inputs and implementation of commercial frameworks;

Promotion of economic activities linked to the cultural sector including cultural tourism, events and artistic and cultural products;

Development of micro-finance services;

Promotion of extractive industries (research, exploitation and exploitation) in the Northern regions.

Within the framework of infrastructure development, the following shall be progressed:

Construction of main roads:

link Kidal, Gao and Timbuktu to the Transaharan highway;

Gao – Bourem Taoussa;

Bourem – Kidal;

Kidal – Timiaouine (Algerian frontier);

Anefis – Tessalit – BordjBajiMoctar;

Kidal – Menaka;

Ansongo – Menaka – Anderamboukane – Niger border;

Goma Coura – Timbuktu;

Douentza – Timbiktu;

Douentza – Gao (improvement;)

Gossi – Gourma – Rharous;

Piste Bore – Korientze-Aka;

Piste Mounia – Diafarabe – Dia – Tenenkou – Youwarou;

Piste Indelimane – Niger border;

Piste Ansongo – Tessit – Burkina Faso border;

Lere – Fassala.

Construction of airports at Kidal, Tessalit, Taoudeni, Menaka, Gao (improvement), and Goundam.

Construction of diesel and solar power stations in the areas of Timbuktu, Goundam, Dire, Niafunke, Gao, Menaka, Kidal, Tessalit, Gourma Rharous, Ansongo, TinEssako, Abeibara, Bourem, Douentza, Tenikou, Youwarou, Lere.

Link the three northern regions to the Regional Structural project of the Trans-Saharan Gazoduc.

Construction of river ports at Bamba, Dire and Youwarou.

Within the framework of improving access to basic social services, the following shall be progressed:

Follow-up of actions to rehabilitate degraded health services, and to construct and equip new community health centres;

Construction of new hospitals at Menaka and Kidal;

Improvement of access for Northern students to cooperation programmes for study grants;

Improvement in the supply of health services to nomadic populations, by the deployment of mobile and polyvalent services to offer preventative and curative services;

Initiation of advanced strategies within the area of heath and health in the community;

Construction of new schools appropriate to the educational programme, in the regions of Timbuktu, Gao and Kidal;

Support for school canteens;

Equipping schools with adequate and appropriately trained teachers;

Supply of learning materials to students and technical equipment to teachers;

Launch of an extended communication programme to encourage children, especially girls, to attend school;

Development of university centres within the northern regions, with facilities appropriate to the specific conditions in each;

Acceleration of the decentralisation of higher education by the creation of Higher Education Institutions (Institutions d’Enseignement Supérieur) in the northern regions

Upgrade of training and employment centres in the regions of Kidal, Gao and Timbuktu;

Establishment of a public technical school (Lycée Technique Public) within each region;

Construction of a professional training centre for each district (‘cercle’) within the Northern region;

Supply of drinking water to vulnerable populations;

Water supply infrastructure rehabilitation in Gao;

Water supply infrastructure rehabilitation in Timbuktu;

Construction of an aqueduct In Esseri – In Tebzaz – Kidal.

Within the area of culture:

the following shall be progressed:

Reconstruction of and support to regional and district cultural services, together with cultural missions in Timbuktu, Gao, and d’Essouk;

Promotion of multidisciplinary research activities in the areas of culture, heritage and cultural industries;

Strengthening of the intercultural dialogue by relaunchng cultural events in the Northern Regions by means of national weeks, artistic and cultural biennales and festivals.