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/entityMali
Azawad - RegionAfrica (excl MENA)
Africa (excl MENA) - Agreement nameRelevé 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
- Date5 Jun 2015
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment/territory
- Peace processMali-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 partiesPour 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 - DescriptionThe 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.
- Agreement document (original language)
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 personsGroups→Refugees/displaced persons→RhetoricalPage 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.
- ElectionsPage 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 administrationPage 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 sharingPower sharing→Territorial power sharing→Federal or similar sub-divided governmentPage 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 rightsHuman rights and equality→Civil and political rights→Liberty and security of personPage 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 resourcesPage 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 fundsPage 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 GuaranteesPage 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;
[...] - CeasefireSecurity 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 forcesPage 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. - DDRSecurity sector→DDR→DDR programmesPage 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 forcesPage 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 signatoryPage 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 signatoryPage 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.
- SourceUN 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