Statement on Transition in Madagascar

  • Country/entity
    Madagascar
  • Region
    Africa (excl MENA)
  • Agreement name
    Statement on Transition in Madagascar
  • Date
    22 May 2009
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Malagasy Political Crisis (2009) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Madagascar peace process
  • Parties
    Not signed, but agreement mentions the negotiations included "the Rajoelina group, the Ratsiraka group, the Ravalomanana group and the Zafy group"
  • Third parties
    Not signed, but agreement mentioned negotiations were conducted, "under the auspices of
    international mediators from the African Union (AU), the Southern African
    Development Community (SADC), the Organisation internationale de la Francophonie
    (OIF) and the United Nations (UN)."
  • Description
    A joint statement on negotiations on a transitional arrangement. Provisions discuss when elections should occur, an amnesty, and the different institutions that will be a part of the transition.


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)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 1,

    First, all parties have agreed on the following principles:
    ...
    • A special statute ensuring the dignity and guaranteeing the security of former Heads
    of State will be drafted. A Council of Wise Men regrouping all former Heads of State will also be established.

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    • The High Transitional Authority
    • The Transitional Government of National Unity
    • The Transitional Congress
    • The National Reconciliation Council and the Truth and Reconciliation Commission,
    mandated to review recent Malagasy history, promote national reconciliation and
    assess issues of reparations and compensations.
    • The Economic and Social Council of the Transition
    • The High Court of the Transition
    • The Reflection Committee on National Defense and Security
    • The Independent Electoral Commission
  • Elections
    Page 1:

    Negotiations are ongoing in view of securing the endorsement of all groups for a Charter
    of the Transition, which will provide a framework for the consensual management of
    the transition leading to free, fair and transparent elections as soon as possible.


    Page 1:

    To date, the negotiations have succeeded in reaching agreement on a number of points.
    First, all parties have agreed on the following principles:
    ...
    • The participation of former Heads of State and the Head of State of the Transition in
    the next presidential election. After a long debate, the Malagasy parties decided to
    respect the right of former Heads of State and the Head of State of the Transition to run
    in the election.
    • The elections will take place at the earliest possible date within a period of 14
    months based on an assessment by international and national experts of Madagascar’s
    capacity to organize credible elections.
  • Electoral commission
    Page 1,

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The Independent Electoral Commission
  • 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,

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The Transitional Government of National Unity

    Page 2,

    The ongoing discussions are focused on the composition and formula for the
    proportional distribution of seats among executive and legislative institutions.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 2,

    The ongoing discussions are focused on the composition and formula for the
    proportional distribution of seats among executive and legislative institutions.
  • 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
    Page 1,

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The High Court of the Transition
  • 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
    Page 1,

    First, all parties have agreed on the following principles:
    • The need for a neutral, peaceful and consensual transition
    ...
    • A special statute ensuring the dignity and guaranteeing the security of former Heads
    of State will be drafted. A Council of Wise Men regrouping all former Heads of State will
    also be established.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces
    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The Reflection Committee on National Defense and Security
  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 2,

    A general amnesty, excluding gross violations of human rights, war crimes, crimes
    against humanity and crimes of genocide, is also under discussion for infractions linked
    to the events of a period yet to be specified.
  • Courts

    No specific mention.

  • Mechanism
    Page 1,

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The National Reconciliation Council and the Truth and Reconciliation Commission,
    mandated to review recent Malagasy history, promote national reconciliation and
    assess issues of reparations and compensations.
  • 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,

    Second, parties reached agreement on the establishment of all transitional institutions.
    These are:
    ...
    • The National Reconciliation Council and the Truth and Reconciliation Commission,
    mandated to review recent Malagasy history, promote national reconciliation and
    assess issues of reparations and compensations.

Implementation

  • UN signatory
    Page 1,

    The multilateral negotiations seeking to establish a neutral, peaceful and consensual
    transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of
    international mediators from the African Union (AU), the Southern African
    Development Community (SADC), the Organisation internationale de la Francophonie
    (OIF) and the United Nations (UN).

    Page 2,
    The international mediators call on all parties to make the concessions necessary to
    reach agreement on all remaining questions and conclude the negotiations in order to
    establish a concerted transition
  • Other international signatory
    Page 1,

    The multilateral negotiations seeking to establish a neutral, peaceful and consensual
    transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of
    international mediators from the African Union (AU), the Southern African
    Development Community (SADC), the Organisation internationale de la Francophonie
    (OIF) and the United Nations (UN).

    Page 2,
    The international mediators call on all parties to make the concessions necessary to
    reach agreement on all remaining questions and conclude the negotiations in order to
    establish a concerted transition
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Madagascar: Statement on Transition in Madagascar https://allafrica.com/stories/200905230009.html

Statement on Transition in Madagascar, 22 May 2009

The multilateral negotiations seeking to establish a neutral, peaceful and consensual transition in Madagascar resumed on Wednesday 20 May 2009 under the auspices of international mediators from the African Union (AU), the Southern African Development Community (SADC), the Organisation internationale de la Francophonie (OIF) and the United Nations (UN).

All political forces of Madagascar are represented at the negotiating table.

They are gathered around four enlarged political groups:

the Rajoelina group, the Ratsiraka group, the Ravalomanana group and the Zafy group.

Negotiations are ongoing in view of securing the endorsement of all groups for a Charter of the Transition, which will provide a framework for the consensual management of the transition leading to free, fair and transparent elections as soon as possible.

To date, the negotiations have succeeded in reaching agreement on a number of points.

First, all parties have agreed on the following principles:

• The need for a neutral, peaceful and consensual transition.

• The participation of former Heads of State and the Head of State of the Transition in the next presidential election.

After a long debate, the Malagasy parties decided to respect the right of former Heads of State and the Head of State of the Transition to run in the election.

• The elections will take place at the earliest possible date within a period of 14 months based on an assessment by international and national experts of Madagascar’s capacity to organize credible elections.

• A special statute ensuring the dignity and guaranteeing the security of former Heads of State will be drafted.

A Council of Wise Men regrouping all former Heads of State will also be established.

Second, parties reached agreement on the establishment of all transitional institutions.

These are:

• The High Transitional Authority

• The Transitional Government of National Unity

• The Transitional Congress

• The National Reconciliation Council and the Truth and Reconciliation Commission, mandated to review recent Malagasy history, promote national reconciliation and assess issues of reparations and compensations.

• The Economic and Social Council of the Transition

• The High Court of the Transition

• The Reflection Committee on National Defense and Security

• The Independent Electoral Commission

The ongoing discussions are focused on the composition and formula for the proportional distribution of seats among executive and legislative institutions.

A general amnesty, excluding gross violations of human rights, war crimes, crimes against humanity and crimes of genocide, is also under discussion for infractions linked to the events of a period yet to be specified.

The international mediators call on all parties to make the concessions necessary to reach agreement on all remaining questions and conclude the negotiations in order to establish a concerted transition.

Antananarivo, 22 May 2009.