Accord (Dakar I)

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Country/entity
Madagascar
Region
Africa (excl MENA)
Agreement name
Accord (Dakar I)
Date
18 Apr 2002
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Malagasy Political Crisis (2009) )
Stage
Framework/substantive - comprehensive
Conflict nature
Government
Peace process
Madagascar peace process
Parties
Didier Ratsiraka, President of the Republic, candidate for the presidency of the Republic of
Madagascar, on one side,
Marc Ravalomanana, candidate for the presidency of the Republic of Madagascar on the other
Third parties
Mr. Amara Essy, Secretary General of the OAU
Mr. Ibrahima Fall, Personal Representative of the Secretary General
Abdoulaye Wade, President of the Republic of Senegal, on behalf of the state leaders acting as
facilitators
Mathieu Kérékou (Benin), Laurent Gbagbo (Ivory Coast), Joaquim Alberto Chissano (Mozambique).
Description
Defines the terms under which a transitional government and new elections will take place

Agreement document
MG_020418_ Accord (Dakar I)_tr.pdf | Download PDF
Agreement document (original language)
MG_020418_ Accord (Dakar I)_FR.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
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 1,
Considering Judgement n°4 of April 16th, 2002 of the Administrative Chamber of the Supreme Court,
whose implementation requires a different voting system.

Page 1, Article 1:
The parties agree that if no candidate has obtained the majority required to be elected in the first
ballot, a popular referendum on the choice between the two candidates will be organized with the
assistance of the United Nations, the OAU, the European Union, and the international community
within a maximum of six months.
Electoral commission
Page 1, Article 4.:

In place of the current National Electoral Committee (CNE), an independent Electoral Commission is
hereby established to prepare and organize the popular vote.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→Executive coalition
State level
Page 1, Article 2:

Under these conditions, a transitional government will be set up according to the following principles:
- PM to be appointed by mutual agreement between Didier Ratsiraka and Marc Ravalomanana
- for each of the five ministries of sovereignty, Mr. Ravalomanana will propose two candidates to those of Interior and Finances,
- all the other members of the government will be appointed by mutual agreement, half by Didier Ratsiraka and the other half by Marc Ravalomanana.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

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

Rights related issues

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

Rights institutions

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

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

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

Land, property and environment

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

Security sector

Security Guarantees
No specific mention.
Ceasefire
Security sector→Ceasefire→Ceasefire provision
Article 5.
With the signing of this agreement, Messrs. Didier Ratsiraka and Marc Ravalomanana undertake to
enforce the freedom of movement of goods and persons, as well as the immediate cessation of all
threats and violence against persons and property, including the bombing of bridges and dams
throughout the national territory.
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
Page 1,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Page 1, Article 1

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.
Other international signatory
Page 1,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Page 1, Article 1

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 1, Article 3:

The two parties agree, as soon as the results are announced, to set up a High Council for Transition,
whose mission is to ensure that the transition takes place smoothly. Mr Marc Ravalomanana is
appointed as the President of this institution, with the rank of second highest state official.
Related cases
No specific mention.
Source
http://www.madagate.org/politique-madagascar/dossier/1734-marc-ravalomanana-vit-dans-le-mensonge-bien-avant-2002-accords-de-dakar-i-et-ii.html

AGREEMENT

Didier Ratsiraka, President of the Republic, candidate for the presidency of the Republic of Madagascar, on one side,

Marc Ravalomanana, candidate for the presidency of the Republic of Madagascar on the other,

Endorsed by the Organization for African Unity (OAU) represented by its Secretary-General, Mr. Amara Essy, and the United Nations, represented by Mr. Ibrahima Fall, Personal Representative of the Secretary-General, all assisted by undersigned state leaders acting as facilitators,

Have agreed to adopt the following:

Considering Judgement n°4 of April 16th, 2002 of the Administrative Chamber of the Supreme Court, whose implementation requires a different voting system.

Article 1.

The parties agree that if no candidate has obtained the majority required to be elected in the first ballot, a popular referendum on the choice between the two candidates will be organized with the assistance of the United Nations, the OAU, the European Union, and the international community within a maximum of six months.

Article 2.

Under these conditions, a transitional government will be set up according to the following principles:

- PM to be appointed by mutual agreement between Didier Ratsiraka and Marc Ravalomanana

- for each of the five ministries of sovereignty, Mr. Ravalomanana will propose two candidates to those of Interior and Finances,

- all the other members of the government will be appointed by mutual agreement, half by Didier Ratsiraka and the other half by Marc Ravalomanana.

Article 3.

The two parties agree, as soon as the results are announced, to set up a High Council for Transition, whose mission is to ensure that the transition takes place smoothly.

Mr Marc Ravalomanana is appointed as the President of this institution, with the rank of second highest state official.

Article 4.

In place of the current National Electoral Committee (CNE), an independent Electoral Commission is hereby established to prepare and organize the popular vote.

Article 5.

With the signing of this agreement, Messrs. Didier Ratsiraka and Marc Ravalomanana undertake to enforce the freedom of movement of goods and persons, as well as the immediate cessation of all threats and violence against persons and property, including the bombing of bridges and dams throughout the national territory.

Signed in Dakar on 18 April 2002

See below the signatures of:

Mr Didier Ratsiraka

Mr Marc Ravalomanana

Mr. Amara Essy, Secretary General of the OAU

Mr. Ibrahima Fall, Personal Representative of the Secretary General

Abdoulaye Wade, President of the Republic of Senegal, on behalf of the state leaders acting as facilitators

Mathieu Kérékou (Benin), Laurent Gbagbo (Ivory Coast), Joaquim Alberto Chissano (Mozambique).