Communiqué Commun des Délégation d’Anjouan et de Mohéli de la Sous Commission de Lois

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Country/entity
Comoros
Anjouan
Region
Africa (excl MENA)
Africa (excl MENA)
Agreement name
Communiqué Commun des Délégation d’Anjouan et de Mohéli de la Sous Commission de Lois
Date
1 Sep 2001
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Anjouan Crisis (1997 - 2008) )
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Comoros-Anjouan islands peace process
Parties
For the delegation of 'Anjouan

Doctor Commander Abdou BACAR
Head of the delegation

For the delegation of Moheli
Mr Archadi Mohamed
Mr Mindhir OUSSENE
Mr Mohamed OUSSENE
Third parties
-
Description
The short agreement is an public statement resulting from discussions of the Sub-Commission of the Tripartite Commission in charge of drafting the Comorian constitution. Among 30 points of divergence encountered during these talks, the text raises 11 points on which the parties agree on, including: the new name of the Union; the motto; distributions of seats in the Union; distributions of competences; specific provisions related to the executive, legislative and judiciary powers.

Agreement document
KM_010901_Joint Communique.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
11 °) General Provisions:
Article...
- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted by the majority of the votes cast at the level of each Island/State;
State symbols
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
1°) Name: Union of States of the Comoros
2°) Motto: unity, solidarity, development
[...]
4°) Institutions of Islands/States: to add to article 7 paragraph 2: "and each island has its own symbols"
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)
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1-2:

After five working days of the Legal Sub-Commission of the Tripartite Commission that has gathered in BONOVO since 01 September 2001, more than 30 points of divergence have been listed in relation to the draft constitution submitted to review, focusing specifically on:
- The name of the New Comorian Union
- A few points on the general provisions
- The organs and the allocation of competences - Transitional provisions
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
1°) Name: Union of States of the Comoros 2°) Motto: unity, solidarity, development
3°) The institutions of the Union: to indicate in the Constitution the distribution of seats on the following model:
* Executive Power in Great Comoros
* Legislative power in Anjouan
* Judicial Power in Moheli
4°) Institutions of Islands/States: to add to article 7 paragraph 2: "and each island has its own symbols"
5°) Article 8: to replace this article with: "The Law of the Union is binding on the whole of the territory of the Union"
6°) The exclusive competences of the Union: to retain only the competences outlined in the framework agreement of the 17.02.2001.
7°) Executive power of the Union:
- Retain the principle of a Collegial Presidency (with 2 vice-presidents elected in the same conditions as the President), rotating with the countersignature principle as mentioned in Article 12.
- With regards to the assignment process of the Chairman and the vice-presidents: a primary election by direct universal suffrage at the level of each island for each of them, and then subsequently a second election at the level of the Assembly of the Union.
- All the ministers/commissioners are equal among themselves; there is no Prime Minister
8°) Legislative power of the Union: 30 Deputies, namely 10 by Island, unicameral parliament 9°) Judiciary: replace "Supreme Court" with "Superior Court of Appeal"
10°) Revision of the Constitution:Add the vice-presidents to the list of authorities empowered to initiate a revision;
11 °) General Provisions:
Article...
- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted by the majority of the votes cast at the level of each Island/State;
- During the transition, the institutions at the level of the Union and the Islands/States will be those provided by the Framework Agreement of 17 February 2001, in particular its points 15 and 16.
- The powers of the Constitutional Court laid down by the present Constitution will be temporarily exercised by the instruments provided in the aforementioned Framework Agreement.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2:
11 °) General Provisions:
Article...
- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted by the majority of the votes cast at the level of each Island/State;
- During the transition, the institutions at the level of the Union and the Islands/States will be those provided by the Framework Agreement of 17 February 2001, in particular its points 15 and 16.
- The powers of the Constitutional Court laid down by the present Constitution will be temporarily exercised by the instruments provided in the aforementioned Framework Agreement.
Elections
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
7°) Executive power of the Union:
- Retain the principle of a Collegial Presidency (with 2 vice-presidents elected in the same conditions as the President), rotating with the countersignature principle as mentioned in Article 12.
- With regards to the assignment process of the Chairman and the vice-presidents: a primary election by direct universal suffrage at the level of each island for each of them, and then subsequently a second election at the level of the Assembly of the Union.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
Governance→Constitution→Constitutional reform/making
[The Agreement in its entirety comments on a draft Constitution.]

Page 2:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
11 °) General Provisions:
Article...
- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted by the majority of the votes cast at the level of each Island/State;
- During the transition, the institutions at the level of the Union and the Islands/States will be those provided by the Framework Agreement of 17 February 2001, in particular its points 15 and 16.
- The powers of the Constitutional Court laid down by the present Constitution will be temporarily exercised by the instruments provided in the aforementioned Framework Agreement.

Power sharing

Political power sharing
Power sharing→Political power sharing→Executive coalition
State level
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
7°) Executive power of the Union:
- Retain the principle of a Collegial Presidency (with 2 vice-presidents elected in the same conditions as the President), rotating with the countersignature principle as mentioned in Article 12.
- With regards to the assignment process of the Chairman and the vice-presidents: a primary election by direct universal suffrage at the level of each island for each of them, and then subsequently a second election at the level of the Assembly of the Union.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
8°) Legislative power of the Union: 30 Deputies, namely 10 by Island, unicameral parliament.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:

7°) Executive power of the Union:
- Retain the principle of a Collegial Presidency (with 2 vice-presidents elected in the same conditions as the President), rotating with the countersignature principle as mentioned in Article 12.
Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
4°) Institutions of Islands/States: to add to article 7 paragraph 2: "and each island has its own symbols"
5°) Article 8: to replace this article with: "The Law of the Union is binding on the whole of the territory of the Union"
6°) The exclusive competences of the Union: to retain only the competences outlined in the framework agreement of the 17.02.2001.
7°) Executive power of the Union:
[...]
- With regards to the assignment process of the Chairman and the vice-presidents: a primary election by direct universal suffrage at the level of each island for each of them, and then subsequently a second election at the level of the Assembly of the Union.
[...]
11 °) General Provisions:
Article...
- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted by the majority of the votes cast at the level of each Island/State;
- During the transition, the institutions at the level of the Union and the Islands/States will be those provided by the Framework Agreement of 17 February 2001, in particular its points 15 and 16.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 1:
On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:
[...]
9°) Judiciary: replace "Supreme Court" with "Superior Court of Appeal"
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
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
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
http://www.comores-online.com/

Joint Communique of the delegations Anjouan and Moheli on the Legal Sub-Commission

After five working days of the Legal Sub-Commission of the Tripartite Commission that has gathered in BONOVO since 01 September 2001, more than 30 points of divergence have been listed in relation to the draft constitution submitted to review, focusing specifically on:

- The name of the New Comorian Union

- A few points on the general provisions

- The organs and the allocation of competences

- Transitional provisions

On these expressed points of divergence, the delegations of Moheli and Anjouan agreed on the following proposals:

1°) Name:

Union of States of the Comoros

2°) Motto:

unity, solidarity, development

3°) The institutions of the Union:

to indicate in the Constitution the distribution of seats on the following model:

* Executive Power in Great Comoros

* Legislative power in Anjouan

* Judicial Power in Moheli

4°) Institutions of Islands/States:

to add to article 7 paragraph 2:

"and each island has its own symbols"

5°) Article 8:

to replace this article with:

"The Law of the Union is binding on the whole of the territory of the Union"

6°) The exclusive competences of the Union:

to retain only the competences outlined in the framework agreement of the 17.02.2001.

7°) Executive power of the Union:

- Retain the principle of a Collegial Presidency (with 2 vice-presidents elected in the same conditions as the President), rotating with the countersignature principle as mentioned in Article 12.

- With regards to the assignment process of the Chairman and the vice-presidents:

a primary election by direct universal suffrage at the level of each island for each of them, and then subsequently a second election at the level of the Assembly of the Union.

- All the ministers/commissioners are equal among themselves;

there is no Prime Minister

8°) Legislative power of the Union:

30 Deputies, namely 10 by Island, unicameral parliament

9°) Judiciary:

replace "Supreme Court" with "Superior Court of Appeal"

10°) Revision of the Constitution:

Add the vice-presidents to the list of authorities empowered to initiate a revision;

11 °) General Provisions:

Article...

- This draft constitution will be regarded as the Constitution of the new Comorian Union if it is adopted

by the majority of the votes cast at the level of each Island/State;

- During the transition, the institutions at the level of the Union and the Islands/States will be those

provided by the Framework Agreement of 17 February 2001, in particular its points 15 and 16.

- The powers of the Constitutional Court laid down by the present Constitution will be temporarily

exercised by the instruments provided in the aforementioned Framework Agreement.

Done at Fomboni on September 06, 2001

For the delegation of 'Anjouan

Doctor Commander Abdou BACAR

Head of the delegation

For the delegation of Moheli

Mr Archadi Mohamed

Mr Mindhir OUSSENE

Mr Mohamed OUSSENE