Accord cadre de mise en œuvre de l’engagement solennel du 1er Avril 2012
Export agreement coding (PDF)- Country/entityMali
Azawad - RegionAfrica (excl MENA)
Africa (excl MENA) - Agreement nameAccord cadre de mise en œuvre de l’engagement solennel du 1er Avril 2012
- Date6 Apr 2012
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processMali-Azawad Inter-Azawad peace process
- Parties(Signed)
For the mediator of the CEDEAO and the delegation,
The Minister of Foreign Affairs and Regional Cooperation of Burkina Faso
Yipène Djibrill BASSOLE
(Signed)
For the Comité National de Redressement de la Démocratie et de la Restauration de l'Etat (CNRDRE)
Capitaine Amadou Haya SANOGO - Third parties(Signed)
Witness:
The Minister of African Integration of the Cote d'Ivoire
Adama BICTOGO
(Signed)
Witness:
The Deputy Minister to the Minister of Foreign Affairs of the Federal Republic of Nigeria
Dr Mohammed NOURIDDEEN - DescriptionThis agreement is about the details of political transition after the impeachment of the president.
- Agreement document (original language)
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 2, Chapter 1: Implementation of the provisions of article 36 of the Constitution, Article 4:
The President of the National Assembly shall be invested by the Constitutional Court as interim President of the Republic, and tasked with organising the presidential election within 40 days (as specified in the) Constitution.
Page 2, Chapter II: Establishment of transition organs, Article 5:
Given the exceptional circumstances affecting the country due to the institutional crisis and the armed rebellion in the North which have seriously affected the normal functioning of the Republican institutions, and the impossibility of organising elections within forty days as stipulated by the Constitution, it proves essential to organise a political transition leading to free, democratic and transparent elections throughout the national territory.
Page 2-3, Chapter II: Establishment of transition organs, Article 6:
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
a – A transitional Prime Minister, Head of Government, with full powers and a remit to lead the transition, manage the crisis in the north of Mali, and organise free, transparent and democratic elections in accordance with a roadmap, shall be appointed;
b – A transitional Government of National Unity, made up of consensual individuals and charged with implementing the roadmap, shall be formed;
c – The Government of National Unity shall work to arrange humanitarian aid;
d – The signatory parties together with all the concerned parties shall arrange a roadmap for the transition including:
- The time period and timetable for the transition;
- The operational tasks to be carried out by the different transitional organs to ensure a peaceful transition;
- The organisational methods for the elections enabling a definitive normalisation of the situation;
- Revision of the electoral register.
The role and position of CNRDRE members during the transition process shall be defined.
Page 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
... c – A law on extension of the mandate of deputies until the end of the transition; - ElectionsPage 1, Untitled preamble:
Considering that the return to constitutional normality requires compliance with the provisions of the Constitution of February 25, 1992, including article 36 on appointing an interim President of the Republic where there is a vacancy or impeachment.
Recalling that article 36 provides that, “Where the President of the Republic is temporarily prevented from fulfilling his functions, his powers are temporarily exercised by the Prime Minister.
Where there is a vacancy for the Presidency of the Republic for whatever reason or because of an absolute and definitive impeachment confirmed by the Constitutional Court convened by the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be exercised by the President of the National Assembly.
A new President shall be elected for a new period of five years.
Election of the new President shall take place at the earliest twenty one days and no later than forty days after official confirmation of the vacancy or a definitive impeachment.
Where there is any impeachment or vacancy, articles 38, 41, 42 and 50 of the present Constitution may not be applied.”
The CEDEAO Mediator and the National Committee for the Recovery of Democracy and the Restoration of the State (la Comité National de Redressement de la Démocratie et de la Restauration de l’État, CNRDRE) have agreed to adopt the present framework agreement on the formal implementation of the formal engagement of April 1, 2012, whose contents are detailed below.
Page 2, Chapter 1: Implementation of the provisions of article 36 of the Constitution, Article 4:
The President of the National Assembly shall be invested by the Constitutional Court as interim President of the Republic, and tasked with organising the presidential election within 40 days (as specified in the) Constitution.
Page 2, Chapter II: Establishment of transition organs, Article 5:
Given the exceptional circumstances affecting the country due to the institutional crisis and the armed rebellion in the North which have seriously affected the normal functioning of the Republican institutions, and the impossibility of organising elections within forty days as stipulated by the Constitution, it proves essential to organise a political transition leading to free, democratic and transparent elections throughout the national territory.
Page 2-3, Chapter II: Establishment of transition organs, Article 6:
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
a – A transitional Prime Minister, Head of Government, with full powers and a remit to lead the transition, manage the crisis in the north of Mali, and organise free, transparent and democratic elections in accordance with a roadmap, shall be appointed;
b – A transitional Government of National Unity, made up of consensual individuals and charged with implementing the roadmap, shall be formed;
c – The Government of National Unity shall work to arrange humanitarian aid;
d – The signatory parties together with all the concerned parties shall arrange a roadmap for the transition including:
- The time period and timetable for the transition;
- The operational tasks to be carried out by the different transitional organs to ensure a peaceful transition;
- The organisational methods for the elections enabling a definitive normalisation of the situation;
- Revision of the electoral register.
The role and position of CNRDRE members during the transition process shall be defined.
Page 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
a - A general amnesty law for the benefit of CNRDRE members and their associates;
b – A law on compensation of war victims, and of the insurrectional movement of March 22, 2012;
c – A law on extension of the mandate of deputies until the end of the transition;
d – A law on military direction and programming, for the organisational and equipment needs of the Army.
e – A law creating a Military Committee for monitoring the reform of the defence and security forces. - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil societyPage 2-3, Chapter II: Establishment of transition organs, Article 6:
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
[...]
c – The Government of National Unity shall work to arrange humanitarian aid;
[...]
Page 3, Chapter III: Adoption of accompanying legislation, Article 10:
With regard to the very serious humanitarian situation, the current Chair of CEDEAO shall make funds for humanitarian aid available to Mali, and shall request appropriate humanitarian aid from Mali’s technical and financial partners and the international community. - Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitution affirmation/renewalPage 1, Untitled preamble:
Considering that the return to constitutional normality requires compliance with the provisions of the Constitution of February 25, 1992, including article 36 on appointing an interim President of the Republic where there is a vacancy or impeachment.
Recalling that article 36 provides that, “Where the President of the Republic is temporarily prevented from fulfilling his functions, his powers are temporarily exercised by the Prime Minister.
Where there is a vacancy for the Presidency of the Republic for whatever reason or because of an absolute and definitive impeachment confirmed by the Constitutional Court convened by the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be exercised by the President of the National Assembly.
A new President shall be elected for a new period of five years.
Election of the new President shall take place at the earliest twenty one days and no later than forty days after official confirmation of the vacancy or a definitive impeachment.
Where there is any impeachment or vacancy, articles 38, 41, 42 and 50 of the present Constitution may not be applied.”
The CEDEAO Mediator and the National Committee for the Recovery of Democracy and the Restoration of the State (la Comité National de Redressement de la Démocratie et de la Restauration de l’État, CNRDRE) have agreed to adopt the present framework agreement on the formal implementation of the formal engagement of April 1, 2012, whose contents are detailed below.
Page 2, Chapter 1: Implementation of the provisions of article 36 of the Constitution, Article 2:
The Chair of CNRDRE in accordance with his formal declaration of April 1, 2012, shall launch the process of implementing article 36 of the Constitution of February 25, 1992.
Page 2, Chapter 1: Implementation of the provisions of article 36 of the Constitution, Article 3:
In accordance with the provisions of bullet 2 of article 36 of the Constitution, the President of the National Assembly and the Prime Minister shall inform the Constitutional Court of this resignation, to attest to this vacancy in power.
With reference to the provisions in bullet 2 of article 36 of the Constitution, the Constitutional Court, shall confirm the presidential vacancy.
Page 2, Chapter 1: Implementation of the provisions of article 36 of the Constitution, Article 4:
The President of the National Assembly shall be invested by the Constitutional Court as interim President of the Republic, and tasked with organising the presidential election within 40 days (as specified in the) Constitution.
Page 2, Chapter II: Establishment of transition organs, Article 5:
Given the exceptional circumstances affecting the country due to the institutional crisis and the armed rebellion in the North which have seriously affected the normal functioning of the Republican institutions, and the impossibility of organising elections within forty days as stipulated by the Constitution, it proves essential to organise a political transition leading to free, democratic and transparent elections throughout the national territory.
Power sharing
- Political power sharing
No specific mention.
- 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.
- DemocracyPage 2, Chapter II: Establishment of transition organs, Article 5:
Given the exceptional circumstances affecting the country due to the institutional crisis and the armed rebellion in the North which have seriously affected the normal functioning of the Republican institutions, and the impossibility of organising elections within forty days as stipulated by the Constitution, it proves essential to organise a political transition leading to free, democratic and transparent elections throughout the national territory.
Page 2-3, Chapter II: Establishment of transition organs, Article 6:
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
a – A transitional Prime Minister, Head of Government, with full powers and a remit to lead the transition, manage the crisis in the north of Mali, and organise free, transparent and democratic elections in accordance with a roadmap, shall be appointed;
[...] - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/accessPage 2-3, Chapter II: Establishment of transition organs, Article 6:
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
[...]
c – The Government of National Unity shall work to arrange humanitarian aid;
[...]
Page 3, Chapter III: Adoption of accompanying legislation, Article 10:
With regard to the very serious humanitarian situation, the current Chair of CEDEAO shall make funds for humanitarian aid available to Mali, and shall request appropriate humanitarian aid from Mali’s technical and financial partners and the international community. - 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 fundsPage 3, Chapter III: Adoption of accompanying legislation, Article 8:
The National Committee for the Recovery of Democracy and the Restoration of the State (la Comité National de Redressement de la Démocratie et de la Restauration de l’État, CNRDRE) shall implement the present agreement under the auspices of the CEDEAO Mediator with the support of the international community.
Page 3, Chapter III: Adoption of accompanying legislation, Article 10:
With regard to the very serious humanitarian situation, the current Chair of CEDEAO shall make funds for humanitarian aid available to Mali, and shall request appropriate humanitarian aid from Mali’s technical and financial partners and the international community. - 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 forcesPage 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
[...]
d – A law on military direction and programming, for the organisational and equipment needs of the Army.
e – A law creating a Military Committee for monitoring the reform of the defence and security forces. - 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 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
a - A general amnesty law for the benefit of CNRDRE members and their associates;
[...] - Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
[...]
b – A law on compensation of war victims, and of the insurrectional movement of March 22, 2012;
[...] - Missing persons
No specific mention.
- ReparationsTransitional justice→Reparations→Material reparationsPage 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
[...]
b – A law on compensation of war victims, and of the insurrectional movement of March 22, 2012;
[...] - ReconciliationPage 3, Chapter III: Adoption of accompanying legislation, Article 7:
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
[...]
Implementation
- UN signatory
No specific mention.
- Other international signatoryPage 4, For the mediator of the CEDEAO and the delegation,
The Minister of Foreign Affairs and Regional Cooperation of Burkina Faso
Yipène Djibrill BASSOLE - Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceUN Peacemaker:
http://peacemaker.un.org/
FRAMEWORK AGREEMENT FOR IMPLEMENTATION OF THE FORMAL ENGAGEMENT OF APRIL 1, 2012
BETWEEN
The CEDEAO Mediator on one hand,
And
The National Committee for the Recovery of Democracy and Restoration of the State on the other,
Considering that the return to constitutional normality requires compliance with the provisions of the Constitution of February 25, 1992, including article 36 on appointing an interim President of the Republic where there is a vacancy or impeachment.
Recalling that article 36 provides that, “Where the President of the Republic is temporarily prevented from fulfilling his functions, his powers are temporarily exercised by the Prime Minister.
Where there is a vacancy for the Presidency of the Republic for whatever reason or because of an absolute and definitive impeachment confirmed by the Constitutional Court convened by the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be exercised by the President of the National Assembly.
A new President shall be elected for a new period of five years.
Election of the new President shall take place at the earliest twenty one days and no later than forty days after official confirmation of the vacancy or a definitive impeachment.
Where there is any impeachment or vacancy, articles 38, 41, 42 and 50 of the present Constitution may not be applied.”
The CEDEAO Mediator and the National Committee for the Recovery of Democracy and the Restoration of the State (la Comité National de Redressement de la Démocratie et de la Restauration de l’État, CNRDRE) have agreed to adopt the present framework agreement on the formal implementation of the formal engagement of April 1, 2012, whose contents are detailed below
Chapter 1:
Implementation of the provisions of article 36 of the Constitution
Article 1
The President of the Republic shall officially resign from his functions.
Article 2
The Chair of CNRDRE in accordance with his formal declaration of April 1, 2012, shall launch the process of implementing article 36 of the Constitution of February 25, 1992.
Article 3
In accordance with the provisions of bullet 2 of article 36 of the Constitution, the President of the National Assembly and the Prime Minister shall inform the Constitutional Court of this resignation, to attest to this vacancy in power.
With reference to the provisions in bullet 2 of article 36 of the Constitution, the Constitutional Court, shall confirm the presidential vacancy.
Article 4
The President of the National Assembly shall be invested by the Constitutional Court as interim President of the Republic, and tasked with organising the presidential election within 40 days (as specified in the) Constitution.
Chapter II:
Establishment of transition organs
Article 5
Given the exceptional circumstances affecting the country due to the institutional crisis and the armed rebellion in the North which have seriously affected the normal functioning of the Republican institutions, and the impossibility of organising elections within forty days as stipulated by the Constitution, it proves essential to organise a political transition leading to free, democratic and transparent elections throughout the national territory.
Article 6
In the circumstances evoked in article 5 above, the signatory parties to the present agreement agree to establish the organs of transition described below, tasked with leading the transition process until the presidential election, with a duly revised electoral register accepted by all.
a – A transitional Prime Minister, Head of Government, with full powers and a remit to lead the transition, manage the crisis in the north of Mali, and organise free, transparent and democratic elections in accordance with a roadmap, shall be appointed;
b – A transitional Government of National Unity, made up of consensual individuals and charged with implementing the roadmap, shall be formed;
c – The Government of National Unity shall work to arrange humanitarian aid;
d – The signatory parties together with all the concerned parties shall arrange a roadmap for the transition including:
The time period and timetable for the transition;
The operational tasks to be carried out by the different transitional organs to ensure a peaceful transition;
The organisational methods for the elections enabling a definitive normalisation of the situation;
Revision of the electoral register.
The role and position of CNRDRE members during the transition process shall be defined.
Chapter III:
Adoption of accompanying legislation
Article 7
Given the exceptional circumstances in the country due to the war and in order to enable elections in proper conditions throughout the national territory, to reinforce social cohesion and national unity, a certain number of legislative texts accompanying the process of transition shall be voted in the National Assembly:
a - A general amnesty law for the benefit of CNRDRE members and their associates;
b – A law on compensation of war victims, and of the insurrectional movement of March 22, 2012;
c – A law on extension of the mandate of deputies until the end of the transition;
d – A law on military direction and programming, for the organisational and equipment needs of the Army.
e – A law creating a Military Committee for monitoring the reform of the defence and security forces.
Chapter IV:
Commitments of the signatory parties
Article 8
The National Committee for the Recovery of Democracy and the Restoration of the State (la Comité National de Redressement de la Démocratie et de la Restauration de l’État, CNRDRE) shall implement the present agreement under the auspices of the CEDEAO Mediator with the support of the international community.
Article 9
Upon signature of the present agreement, the current Chair of CEDEAO shall take the necessary measures to lift the sanctions imposed on Mali following the summit of March 29, 2102.
Article 10
With regard to the very serious humanitarian situation, the current Chair of CEDEAO shall make funds for humanitarian aid available to Mali, and shall request appropriate humanitarian aid from Mali’s technical and financial partners and the international community.
Done at Bamako, April 6, 2012