Accord de Dakar II

  • Country/entity
    Madagascar
  • Region
    Africa (excl MENA)
  • Agreement name
    Accord de Dakar II
  • Date
    9 Jun 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
    M. Marc RAVALOMANANA;
    M. Didier RATSIRAKA
  • Third parties
    From the state leaders acting as facilitators:
    HE Mr. Abdoulaye WADE, Coordinator
    HE El Hadj Omar BONGO, HE Denis Sassou NGUESSO, HE Laurent GBAGBO, HE Blaise COMPAORE
    Mr. Amara ESSY, Secretary-General of the OAU; Mr. Ibrahima FALL, Personal Representative of the Secretary-General of the United Nations.
  • Description
    Agreement to arrange a new transitional government that will rule until after new elections.


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,

    1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections. These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance. The date of these elections is 22 September 2002.

    Page 1,

    5. In the event that Mr. Ravalomanana's coalition wins the legislative elections, Mr. Ratsiraka agrees to recognize Mr. Ravalomanana as President of the Republic of Madagascar, legitimized by the majority he has just won.
    6. If, on the other hand, Mr. Ratsiraka's side wins the legislative elections, both parties agree that a referendum will be organized to ask the people to choose a President of the Republic between Mr. Ravalomanana and Mr. Ratsiraka.
    7. Until the legislative elections, the Prime Minister herein designated represents the Malagasy State at an African level and international level, in particular at the forthcoming OAU summit.
  • Electoral commission
    Page 1,

    1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections. These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance. The date of these elections is 22 September 2002.
  • 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,

    2. A transitional government will be established until the final results of the legislative elections are declared. This government, which becomes effective upon signature of this Agreement, will be headed by a Prime Minister appointed by Mr. Ravalomanana, acting through .............., while the rest of the Government (see attached list of members) will be designated based on parity between the two main protagonists of the Malagasy political crisis: Messrs. Ratsiraka and 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
    Page 2,

    10. On the basis of this Political Agreement, the state leaders acting as facilitators and the OAU recommend to all development partners to unfreeze Madagascar's external assets in favour of the Government herein established. They also urge them to provide urgent financial support for the reconstruction of Madagascar.
  • 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
    Page 1,

    8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1,

    8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.
  • 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
    Page 1,

    3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

Implementation

  • UN signatory
    Page 1,

    3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.
  • Other international signatory
    Page 1,

    3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1,

    3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement. During this period, a Monitoring Committee will be set up. It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

    Page 1 and 2,

    9. This Agreement will be submitted to the United Nations Security Council. The two signatory Malagasy parties are required to scrupulously respect all the provisions, including the annexes. Any action or initiative contrary to this Agreement will be the subject of a request for international sanction by the Monitoring Committee.
  • Related cases

    No specific mention.

  • Source
    Madagate, 10 March 2011, http://www.madagate.org/politiquemadagascar/dossier/1734-marc-ravalomanana-vit-dans-le-mensonge-bien-avant-2002-accords-de-dakar-i-et-ii.html

DAKAR II AGREEMENT

1. Considering the current situation of the National Assembly, of which some sixty members, of all political orientations, with the camp of Mr. Ravalomanana on one side, and on the other the expected renewal of the National Assembly mid-next year, the parties agree to hold early general mixed voting one-round elections.

These elections will be organized by an Independent Electoral Commission (as stipulated by "Dakar I"), and with international electoral assistance.

The date of these elections is 22 September 2002.

2. A transitional government will be established until the final results of the legislative elections are declared.

This government, which becomes effective upon signature of this Agreement, will be headed by a Prime Minister appointed by Mr. Ravalomanana, acting through .............., while the rest of the Government (see attached list of members) will be designated based on parity between the two main protagonists of the Malagasy political crisis:

Messrs. Ratsiraka and Ravalomanana.

3. The two Leaders, Ratsiraka and Ravalomanana, agree to lead, in the spirit of national reconciliation, a Presidential Council whose mission is to ensure the faithful implementation of this Agreement.

During this period, a Monitoring Committee will be set up.

It will be composed of the state leaders acting as facilitators, Messrs. Ratsiraka and Ravalomanana, the OAU Secretary-General, and the Personal Representative of the UN Secretary-General.

4. The governors of the six provinces are designated as follows:

- Province of Tulear:

Mr or Mrs

- Province of Fianarantsoa:

Mr or Mrs

- Province of Majunga:

Mr. or Mrs.

- Province of Antsiranana:

Mr. or Mrs.

- Toamasina Province:

Mr. or Mrs.

- Province of Antananarivo:

Mr or Mrs

5. In the event that Mr. Ravalomanana's coalition wins the legislative elections, Mr. Ratsiraka agrees to recognize Mr. Ravalomanana as President of the Republic of Madagascar, legitimized by the majority he has just won.

6. If, on the other hand, Mr. Ratsiraka's side wins the legislative elections, both parties agree that a referendum will be organized to ask the people to choose a President of the Republic between Mr. Ravalomanana and Mr. Ratsiraka.

7. Until the legislative elections, the Prime Minister herein designated represents the Malagasy State at an African level and international level, in particular at the forthcoming OAU summit.

8. The Malagasy leaders Ratsiraka and Ravalomanana pledge to immediately remove roadblocks, dismantle militias, stop all forms of violence, and release all those arrested as a cause of the political crisis.

9. This Agreement will be submitted to the United Nations Security Council.

The two signatory Malagasy parties are required to scrupulously respect all the provisions, including the annexes.

Any action or initiative contrary to this Agreement will be the subject of a request for international sanction by the Monitoring Committee.

10. On the basis of this Political Agreement, the state leaders acting as facilitators and the OAU recommend to all development partners to unfreeze Madagascar's external assets in favour of the Government herein established.

They also urge them to provide urgent financial support for the reconstruction of Madagascar.

Signed in Dakar on 9 June 2002

SIGNED

Mr Marc RAVALOMANANA - Mr Didier RATSIRAKA

IN THE PRESENCE OF

From the state leaders acting as facilitators:

HE Mr. Abdoulaye WADE, Coordinator

HE El Hadj Omar BONGO, HE Denis Sassou NGUESSO, HE Laurent GBAGBO, HE Blaise COMPAORE

Mr. Amara ESSY, Secretary-General of the OAU;

Mr. Ibrahima FALL, Personal Representative of the Secretary-General of the United Nations.