Relevé de Conclusions des Consultations Préparatoires a la mise en œuvre de l'Accord pour la Paix et la Reconciliation au Mali Issu du Procesus d'Alger

  • Country/entity
    Mali
    Azawad
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    Relevé de Conclusions des Consultations Préparatoires a la mise en œuvre de l'Accord pour la Paix et la Reconciliation au Mali Issu du Procesus d'Alger
  • Date
    5 Jun 2015
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Tuareg Wars (1962 - ) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Mali-Azawad Inter-Azawad peace process
  • Parties
    (Signed)
    Pour le Gouvernement de la République du Mali
    S.E.M. Abdoulaye DIOP,
    Ministre des Affaires Etrangères,
    de l'Intégration Africaine et de la Coopération Internationale

    (Signed)
    Pour la Coordination des Mouvement de l'Azawad (CMA)
    M. Sidi Brahim Ould Sidatt
  • Third parties
    Pour la Médiation

    (Signed)
    Pour la République Algérienne Démocratique et Populaire, Chef de file de la Médiation
    S.E.M. Ramtane LAMAMRA,
    Ministre d'Etat, Ministre des Affaires Etrangères et de la Coopération Internationale

    (Signed)
    Pour l'Organisation des Nations Unies/Mission Multidimensionnelle intégrée des Nations Unies pour la Stabilisation du Mali
    S.E.M. Mongi HAMDI,
    Représentant spécial du Secrétaire Général des Nations Unies
    Chef de la MINUSMA

    (Signed)
    Pour l'Union Africaine
    Dr Issaka Souaré

    (Signed)
    Pour l'Organisations de la Coopération Islamique
    M. Djibril Bassolé
    Envoyé spécial de l'OCC pour le Mali et le Sahel

    (Signed)
    Pour l'Union Européenne
    M. Frédéric MATHIEU

    (Signed)
    Pour le Burkina Faso
    M. Dominique DJINDJERE,
    Ambassadeur du Burkina Faso en Algérie

    (Signed)
    Pour la République Islamique de Mauritanie
    M. Ould Mogueya BOULLAH
    Ambassadeur de la République Islamique de Mauritanie en Algérie

    (Signed)
    Pour la République du Niger
    M. El Hadj Mahamidou Yahaya
    Ambassadeur de la République du Niger en Algérie

    (Signed)
    Pour la République Fédérale de Nigeria
    M. Iliya Ali Duniya Nuhu
    Ambassadeur de la République Fédérale de Nigeria au Mali

    (Signed)
    Pour la République du Tchad
    S.E.M. Saleh Hamid HEGUERA
    Ambassadeur de la République du Tchad en Algérie

    Etaient présents

    (Signed)
    La République Francaise
    M. Jean Christophe BELLIARD
    Directeur d'Afrique et de l'Océan Indien

    (Signed)
    Les Etats-Unis d'Amérique
    Mme. Joan A. Polaschik
    Ambassadeur des Etats-Unis en Algérie
  • Description
    The agreement is the result of talks with the Coordination of Azawad Movements on their conditions for signing the Agreement. It deals with the questions of addressing the causes of their grievances, the creation of two regions, the ceasefire and insertion of combatants into the armed forces, and regional economic development.


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
    Groups→Refugees/displaced persons→Rhetorical
    Page 2, Article 7:
    Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.
  • 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
    Page 2, Article 7:
    Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 1-2, Article 5:
    Concerning the representation of the populations of the North in the major public services, bodies and administrations of the Republic, in applying Article 6, bullets 1, 2, and 4 and 16.3, the Mediation Team undertakes to properly implement the provisions, and shall facilitate exchanges between the Parties as soon as possible in order to specify the content of these provisions.
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 2, Article 6:
    With regard to the regions of MENEKA and TAOUDENI, the Mediation Team recalls that that the Agreement foresees in Article 3 that the Malian State institutions will make the necessary provisions for the elaboration and adoption of regulatory and legislative measures, notably the decrees in application of Law No 2012-17 of March 2, 2012, on the creation of administrative areas in Mali, which are required to implement decisions on the creation of these Regions. The Mediation Team will ensure during implementation of the Agreement that the Government implements these decrees and measures as soon as possible.
  • 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
    Human rights and equality→Civil and political rights→Liberty and security of person
    Page 2, Article 8:
    In terms of security, the Mediation Team recalls the need:
    [...]
    b. to ensure the security of persons and goods;
    [...]
  • 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
    Page 2-3, Article 10:
    [...]
    It [the Mediation Team] considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.
    [...]
  • International funds
    Page 2-3, Article 10:
    [...]
    Hence [the Mediation Team] shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.
    In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

    Page 3, Article 11:
    Finally, on the question of guarantees, the Mediation Team considers that the provisions of the Agreement relating to these are sufficiently detailed and developed to meet the expectations and concerns which have been expressed. In addition, signature of the Agreement by all members of the Mediation Team, as well as all the indications of support provided by the international community, constitute in themselves a commitment to the Agreement and an exceptional guarantee for its effective implementation.
  • 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 9:
    Hence, the Mediation Team considers that:
    - The questions concerning the security of localities subject to conflict or disorder shall be given priority, in accordance with former commitments and under the auspices of the Mediation Team, using the defence mechanisms foreseen in the Agreement;
    [...]
  • Ceasefire
    Security sector→Ceasefire→General commitments
    [Summary: the parties reaffirm a ceasefire which was permanent. There are no indications as to the starting date and time in this agreement.]

    Page 1, Article 1:
    These meetings focused on the following three subjects:
    [...]
    b. reaffirmation of the Parties to the Algiers Process of their commitment to a complete and definitive cessation of hostilities;
    [...]

    Page 2, Article 8:
    In terms of security, the Mediation Team recalls the need:
    a. for all Parties concerned to respect their earlier commitment to a cessation of hostilities;
    [...]
    c. to cease all hostile activities under penalty of sanctions which may ensue.
  • Police

    No specific mention.

  • Armed forces
    Page 2, Article 9:
    Hence, the Mediation Team considers that:
    [...]

    - Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

    - The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.
  • DDR
    Security sector→DDR→DDR programmes
    Page 2, Article 9:
    Hence, the Mediation Team considers that:
    [...]

    - Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

    - The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, Article 2:
    Within this framework and in order to establish the conditions needed to sign the Agreement as soon as possible, the enlarged Mediation Team held a series of meetings with the Coordination of Azawad Movements (la Coordination des Mouvements de l’Azawad, CMA) to determine the factors and arrangements which would enable it to sign the Agreement. In this regard, the CMA noted a certain number of concerns relating to implementation of the Agreement.

    Page 2, Article 9:
    Hence, the Mediation Team considers that:
    [...]

    - Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement. In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

    - The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.

    Page 2-3, Article 10:
    With regard to development, the Mediation Team notes with satisfaction that the Coordination has emphasised that its expectations concerning economic and social development are largely covered by the provisions in the Agreement.
    It considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.
    Hence it shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.
    In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

    Page 3, Article 13:
    The Mediation Team and the signatory Parties note with satisfaction CMA’s commitment to proceed to sign the Agreement for Peace and Reconciliation in Mali stemming from the Algiers Process. This shall be signed on June 20, 2015, at Bamako, on the understanding that the Government shall take all necessary steps to remove any judicial, administrative or practical obstacles, and that this event will be followed by a celebration in Timbuktu, in the presence of the Parties and of the Mediation Team.
  • 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

    No specific mention.


Implementation

  • UN signatory
    Page 6 in original document:
    Pour l'Organisation des Nations Unies/Mission Multidimensionnelle intégrée des Nations Unies pour la Stabilisation du Mali
    S.E.M. Mongi HAMDI,
    Représentant spécial du Secrétaire Général des Nations Unies
    Chef de la MINUSMA
  • Other international signatory
    Page 6-8 in original document:
    Pour la Médiation

    Pour la République Algérienne Démocratique et Populaire, Chef de file de la Médiation
    S.E.M. Ramtane LAMAMRA,
    Ministre d'Etat, Ministre des Affaires Etrangères et de la Coopération Internationale

    Pour l'Union Africaine
    Dr Issaka Souaré

    Pour l'Organisations de la Coopération Islamique
    M. Djibril Bassolé
    Envoyé spécial de l'OCC pour le Mali et le Sahel

    Pour l'Union Européenne
    M. Frédéric MATHIEU

    Pour le Burkina Faso
    M. Dominique DJINDJERE,
    Ambassadeur du Burkina Faso en Algérie

    Pour la République Islamique de Mauritanie
    M. Ould Mogueya BOULLAH
    Ambassadeur de la République Islamique de Mauritanie en Algérie

    Pour la République du Niger
    M. El Hadj Mahamidou Yahaya
    Ambassadeur de la République du Niger en Algérie

    Pour la République Fédérale de Nigeria
    M. Iliya Ali Duniya Nuhu
    Ambassadeur de la République Fédérale de Nigeria au Mali

    Pour la République du Tchad
    S.E.M. Saleh Hamid HEGUERA
    Ambassadeur de la République du Tchad en Algérie

    Etaient présents

    La République Francaise
    M. Jean Christophe BELLIARD
    Directeur d'Afrique et de l'Océan Indien

    Les Etats-Unis d'Amérique
    Mme. Joan A. Polaschik
    Ambassadeur des Etats-Unis en Algérie
  • 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/Relevé%20de%20conclusions%20des%20consultations%20préparatoires%20à%20la%20mise%20en%20oeuvre%20de%20l%27Accord.pdf

SUMMARY OF CONCLUSIONS OF THE PREPARATORY CONSULTATIONS FOR IMPLEMENTATION OF THE AGREEMENT FOR PEACE AND RECONCILIATION IN MALI STEMMING FROM THE ALGIERS PROCESS

ALGIERS, JUNE 5, 2015

The enlarged Mediation Team held a series of meetings of the concerned Parties in Algiers from May 25, 2015, in order to identify the steps to be taken following the entry into force of the Agreement for Peace and Reconciliation in Mali.

1. These meetings focussed on the following three subjects:

a. establishing the conditions needed to sign the Agreement as soon as possible and clarifying the methods and arrangements for implementing the Agreement;

b. reaffirmation of the Parties to the Algiers Process of their commitment to a complete and definitive cessation of hostilities;

c. examination of the preparations made to set up the Monitoring Committee for the Agreement, and to hold the first meeting of the Committee in the timetable defined in the Agreement.

2. Within this framework and in order to establish the conditions needed to sign the Agreement as soon as possible, the enlarged Mediation Team held a series of meetings with the Coordination of Azawad Movements (la Coordination des Mouvements de l’Azawad, CMA) to determine the factors and arrangements which would enable it to sign the Agreement.

In this regard, the CMA noted a certain number of concerns relating to implementation of the Agreement.

3. After detailed examination of the points raised by CMA, the Mediation Team considers that all of the points are relevant to the Agreement.

Hence, they shall be taken into account by the Monitoring Committee in implementing the Agreement, in the knowledge that before signing the Agreement for Peace and Reconciliation in Mali, on May 15, 2015 at Bamako, the Government and the Platform also submitted a number of observations and commentaries, which shall be taken on board during the implementation process for the Agreement.

4. More specifically, regarding the Azawad problem, which is addressed in Article 5 of the Agreement, which underlines the need to address this politically and to organise a wide ranging national debate on the fundamental causes, the Mediation Team undertakes, within the implementation framework for this Article, to open discussions between the Parties in order to reach a mutually acceptable solution.

5. Concerning the representation of the populations of the North in the major public services, bodies and administrations of the Republic, in applying Article 6, bullets 1, 2, and 4 and 16.3, the Mediation Team undertakes to properly implement the provisions, and shall facilitate exchanges between the Parties as soon as possible in order to specify the content of these provisions.

6. With regard to the regions of MENEKA and TAOUDENI, the Mediation Team recalls that that the Agreement foresees in Article 3 that the Malian State institutions will make the necessary provisions for the elaboration and adoption of regulatory and legislative measures, notably the decrees in application of Law No 2012-17 of March 2, 2012, on the creation of administrative areas in Mali, which are required to implement decisions on the creation of these Regions.

The Mediation Team will ensure during implementation of the Agreement that the Government implements these decrees and measures as soon as possible.

7. Concerning the question of the return of refugees, the Mediation Team considers that in accordance with the relevant provisions of the Agreement in Article 48 (“…the urgent return, repatriation, reintegration and reinsertion of displaced persons and refugees”) is one of the main priorities of the interim period, given that this issue is one of the elements which will enable favourable conditions for the organisation of elections.

8. In terms of security, the Mediation Team recalls the need:

a. for all Parties concerned to respect their earlier commitment to a cessation of hostilities;

b. to ensure the security of persons and goods;

c. to cease all hostile activities under penalty of sanctions which may ensue.

9. Hence, the Mediation Team considers that:

- The questions concerning the security of localities subject to conflict or disorder shall be given priority, in accordance with former commitments and under the auspices of the Mediation Team, using the defence mechanisms foreseen in the Agreement;

- Questions on participation and representation of combatants and the populations of the Regions of the North within the reconstituted Forces of Defence and Security, shall be dealt with by the competent mechanisms foreseen in the Agreement.

In this regard, the Mediation Team shall ensure that in accordance with article 22 of the Agreement (“the redeployed forces shall include a significant number of persons from the regions of the North including in positions of command, in order to enhance the restoration of confidence and to facilitate a gradual improvement in the security of these regions”), priority for the insertion of a majority of combatants from the CMA and other politico-military movements is foreseen within the reconstituted Defence and Security Forces in the North, without prejudice to the provisions of article II of Annex 2 of the Agreement.

- The eligibility criteria for insertion within the reconstituted Defence and Security Forces shall be defined by consensus within the mechanisms foreseen within the Agreement, in accordance with its relevant provisions.

10. With regard to development, the Mediation Team notes with satisfaction that the Coordination has emphasised that its expectations concerning economic and social development are largely covered by the provisions in the Agreement.

It considers that the concerns raised by CMA in relation to the use of financial and natural resources are also covered by the Agreement, which guarantees the effective participation of the populations of the North in the process of economic decision-making for the development of the North.

Hence it shall ensure in implementing the Agreement, that external funds destined to finance the projects and programmes foreseen in the Agreement, shall be allocated effectively to these programmes and projects, by means of a development fund, within the implementation framework for articles 5, 33, 34 and 37 of the Agreement.

In applying article 35 of the Agreement, It shall also expedite the implementation of the Development Strategy for the Northern Regions, which shall be monitored by the Interregional Consultative Committee foreseen in article 33 of the Agreement, and which is tasked with coordinating the pooling of resources for local socio-economic development.

11. Finally, on the question of guarantees, the Mediation Team considers that the provisions of the Agreement relating to these are sufficiently detailed and developed to meet the expectations and concerns which have been expressed.

In addition, signature of the Agreement by all members of the Mediation Team, as well as all the indications of support provided by the international community, constitute in themselves a commitment to the Agreement and an exceptional guarantee for its effective implementation.

12. An implementation timetable attached to the present document shall be submitted for approval to the Monitoring Committee.

13. The Mediation Team and the signatory Parties note with satisfaction CMA’s commitment to proceed to sign the Agreement for Peace and Reconciliation in Mali stemming from the Algiers Process.

This shall be signed on June 20, 2015, at Bamako, on the understanding that the Government shall take all necessary steps to remove any judicial, administrative or practical obstacles, and that this event will be followed by a celebration in Timbuktu, in the presence of the Parties and of the Mediation Team.

Signatures