Political Events between 2002 and 2009 in Madagascar

Madagascar, Southern Africa

Parties: Mouvance Rajoelina; Mouvance Ravalomanana; Mouvance Ratsiraka; Mouvance Zafy (leaders of the political movements in Madagascar)

Type: Intra-state

In Accord 1 the Parties agreed to declare null and void with immediate effect all administrative sanctions and all judicial sentences pronounced in connection with the events of 2002, and to put in place the necessary measures, including for civil reparations and reconstitution of careers.

In the Political Accord, the Parties agreed that the transition would be neutral, inclusive, peaceful and transparent, and include the putting in place of democratic and stable institutions. The transition would end with credible and transparent presidential and legislative elections and the establishment of new institutions within 15 months after the signature of the Agreement. The mission of the transition was stated as to restore order and security, initiate truth and reconciliation processes, and put in place structures that respect unity in diversity and organise popular consultations to initiate a new constitutional order.

The transition would be overseen by a Transitional Government of National Unity along with a National Reconciliation Council, Economic and Social Transitional Council, a Committee for reflection on national security and defence, a High Court of the Transition and an Independent National Electoral Commission. The National Reconciliation Council would submit a general amnesty law in line with international law principles to the Congress. Amnesty would not apply in cases of war crimes, crimes against humanity, genocide, grave human rights abuses and crimes affecting the life and physical integrity of people. The Agreement provided for reparations from the State for all people who suffered from the political events of 2002, 2006, 2008 and 2009, which would be disbursed by a National Solidarity Fund. The National Reconciliation Commission would also put in place a national committee to revise the Constitution and other fundamental laws.

In Accord 2 the Parties agreed to the immediate release of political prisoners involved with the political events in 2009. The Parties agreed to establish a climate of peace and security and make an appeal to end all protests that can create social and political tensions. President Ravalomanana would only return to the country once a favourable security and political environment had been restored.

In Accord 3 the Parties agreed to the annulment of prosecutions and sentences pronounced against political and civil or military figures between 2002 to 2009, and that reparations and reinstallation in their careers is ensured.

The Charter of Values set out the following values to guide the transition: non-violence, non-discrimination, assistance to the poor, respecting promises, tolerance, forgiveness and reconciliation and mutual respect.

The Transition Charter reflected all the previous Agreements, and in addition provided further guidance around the role of the transitional president, the Transitional Government of National Unity, the prime minister and the transitional Legislature. It also expands on the duties of the National Reconciliation Council, which include the conception and implementation of reconciliation, holding of regional and national conferences, revision and elaboration of foundational rules for the Republic. The Charter provided for the establishment by the National Reconciliation Council of a Truth and Reconciliation Commission (TRC), a Constitutional Review Commission and a Committee to organise regional and national conferences. The TRC would review the political, social and economic events and consider questions related to reparations and compensation. The Charter also provided for the functioning of the Economic and Social Council, the Committee for reflection on national security and defence, the Independent National Electoral Commission and the High Court of the Transition, which would have jurisdiction over cases of a national character and related to the transition, including disputes arising from the elections. The Transitional Charter constituted the transitional constitutional law. Annex A provided the commitment from other national actors to also adhere to the Charter.

In the Additional Act of November 2009 the Parties reaffirmed their commitment to all the agreements above and in addition provided for a presidential council, which would consist of the president along with two co-presidents of the transition, representing the different movements. The Presidential Council would meet weekly to evaluate the national situation. The Parties further reaffirmed that the main purpose of the transitional period is to organise transparent, regular and credible elections and agreed that members of the transitional government would not be eligible to stand in the presidential elections, or if the president or one of the co-presidents chose to contest the election, they would have to step down at least 60 days before the election took place. The Parties agreed how appointments in the various institutions would be allocated to the four political movements.

The 2011 Roadmap was a commitment by Malagasy political stakeholders to continue the Inter-Malagasy Dialogue for the formation of the National Union Transitional Government and other transitional political bodies. The Parties agreed on the need to hold credible, free and transparent elections following a neutral, inclusive and consensual transitional process. The Parties agreed that the consensus prime minister cannot be from the same province or political platform as the transitional president. The Parties further agreed to the development of a credible, neutral, transparent and independent electoral framework, including reform of the Independent National Electoral Commission, review of the Electoral Code, a Code of Ethics for politicians, voter education, review of electoral registers and a provision for a Special Electoral Court.

The Roadmap further provided for confidence-building measures and national reconciliation, including through ending legal proceedings against the opposition, protecting and promoting human rights, the granting of blanket amnesty, excluding crimes against humanity, war crimes, genocide and serious human rights violations, and the voluntary return of all persons in exile for political reasons. All stakeholders to the Roadmap agreed to refrain from using violence during the transitional period. The Parties agreed that the Malagasy Reconciliation Council would be established and regulated by a law to be adopted by the Transitional Parliament. The Parties reiterated the need to establish the National Solidarity Fund.