Statement on Transition in Madagascar
Export agreement coding (PDF)Country/entity
MadagascarRegion
Africa (excl MENA)Agreement name
Statement on Transition in MadagascarDate
22 May 2009Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Pre-negotiation/processConflict nature
GovernmentPeace process
Madagascar peace processParties
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.
Agreement document
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 institutionsPage 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 - ElectionsPage 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 commissionPage 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 sharingPower sharing→Political power sharing→Executive coalitionState levelPage 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 legislatureState levelPage 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 courtsPage 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 GuaranteesPage 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 forcesSecond, 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/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 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.
- MechanismPage 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.
- ReconciliationPage 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 signatoryPage 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 signatoryPage 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.
- SourceMadagascar: 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.