Pretoria negotiations: The French agreement protocol


This is a copy of the agreement protocol drafted and proposed by French authorities. Andry Rajoelina, president of the HAT (High Authority of the Transition) relies on such document to end the ongoing crisis in Madagascar. He counts on French Authorities to make deep and intensive lobbying to convince (or to force?) the heads of the other three “mouvances” (Marc Ravalomanana – Zafy Albert – Didier Ratsiraka) and the mediators (SADC – AU – OIF – UN). The most important challenge for Andry Rajoelina during these “Pretoria negotiations” (which started on Wednesday April 28th and normally should end today) is to have the heads of the three other “mouvances” (deemed by the HAT and the Camille Vital’s government as being the opposition) sign the agreement protocol. For Andry Rajoelina, these negotiations are the last consulation that he makes with the other three “mouvances”. He clearly declared that there is already a “back up plan” to settle the crisis in case the three heads of “mouvances” do not sign the protocol. “I go to Pretoria to sign but not to talk” He added. During these four days of  negotiations, in which Joachim Chissano, former president of Mozambic and head of the International Crisis Group, is the Chairman and Jacob Zuma, president of South Africa, is the facilitator, many observers have noticed that Andry Rajoelina was permanently surrounded by French officials.

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Draft Agreement (proposal)

Preamble:

The signatories to this agreement:

  • Recognizing the importance of the principles and spirit of Maputo and Addis Ababa agreements and the need to work towards a neutral, consensual, inclusive and peaceful transition;
  • Recognizing the need to work together to identify the necessary consensus to restore a future of peace, stability and prosperity for all Malagasy people, and;
  • Reaffirming that the foundations of the future depend on good implementation of an inclusive process leading to national reconciliation, forgiveness and the holding of credible, free and fair elections.

Text:
The signatories therefore decide:

1. Measures of confidence and reassurance:

1.1. Renewing their commitment to implement confidence-building measures under the Agreements of Maputo and Addis Ababa;

1.2. Undertake to overcome the divisions from the recent past and to promote reconciliation with regard to acts and events that are tragic and not covered by the Maputo and Addis Ababa agreements and in particular those relating to the crisis of 2009. For this purpose, the Parties agree to entrust United Nations the task of conducting an international investigation into these
acts in order to make recommendations to Parliament which will determine the action to be taken;

1.3. Endorsing the CBMs already agreed, especially regarding the assets of Marc Ravalomanana. To this end:

  • Decisions affecting the assets of Marc Ravalomanana made since March 2009 are cancelled;
  • No new decisions concerning assets belonging to Marc Ravalomanana should be made;
  • The assets owned by Marc Ravalomanana since 01 January 2002 is guaranteed to him, as well as the free use of such assets;
  • An international audit will be made in respect of assets acquired by Marc Ravalomanana between 2002 and 2009: this audit will also take into account losses that he may have faced since March 2009. The findings of this audit will be submitted to Parliament, set up by next legislative elections, which will determine the action to be taken.

The signatories agree that:

2. National Electoral Commission (CENA)

2.1. The creation of a credible and Independent Electoral Commission is an essential element of the legitimacy of upcoming elections. National Electoral Commission (CENA) should have an autonomous budget and administrative powers to do investigation, instruction, monitoring and enforcement. It is held responsible for the preparation of the electoral lists, the determination of the electoral schedule, the choice of the ballots, the supervision of CENA’s regional offices, the monitoring of the counting and the transmission of results. It announces the final election results;

2.2. The composition, mode of operation and functions of the CENA should be agreed between the parties to this Agreement for inclusion in the latter. Where no agreement between the parties intervenes within fourteen (14) days following the signing of this agreement, the mediator will decide about the protocol which will be used to establish and to operate the CENA;

2.3. The Chair of the CENA should be carried out by a credible and respected Malagasy personality, appointed by mutual agreement by the signatories of this Agreement on the date of signature. Failing such agreement, the mediator will determine the most appropriate procedure for the appointment of the President of the CENA after consulting the concerned parties. The appointment of the Chairman shall intervene within a maximum of ten (10) working days after the adoption of the CENA Protocol mentioned above in 2.2, and;

2.4. To strengthen the independence and expertise of the CENA, international experts will participate in full-time as advisers to activities of the CENA in each of these four matters: electoral register, finance, legal affairs and litigation, logistics and coordination with offices. These advisers will be appointed by the United Nations (UN), African Union (AU), the Southern Africa Development Community (SADC) and the International Organization of Francophonie (OIF)

The signatories agree that:

3. Transition

3.1. The transition will take place in two steps over a period which will not exceed 12
months from the signing of this agreement. The first step will begin with the appointment of a new transitional government and end with the holding of legislative elections (between July and September). The second step will begin with a return to duty of the new Parliament and the new National Unity government (see 4. 2.) and completed with the holding of presidential elections, and;

3.2. It is elected Parliament’s duties to decide about issues relating to the reform of the constitution and the eligibility for the presidential election.

The signatories agree that:

4. Executive power during the transition

4.1. Before the legislative elections, a new transitional government will be formed to ensure the neutrality of the executive power in the period preceding the elections. This government, transitional in nature, will be in charge of daily administration. As a transitional government, it can neither enter into new agreements, nor take decisions which may engage the country’s future in some specific matters (politics, international, economic, mining, etc.) The members of the transitional government will be appointed by the President of the transition within ten (10) days from the signing of this agreement on the proposal of “mouvances”, and according to the distribution of ministerial seats annexed hereto, and;

4.2. Following the elections, the party or coalition of parties winning the largest number of seats, according to results announced by the CENA, will appoint the new Prime Minister. This will form a government which structure will be proportional to the new Assembly. Prime
Minister handles the executive power until presidential elections. President of the transition remains in office as Head of State, but its appointment power would be used only on the proposal of the Prime Minister.

5. Implementation

5. 1. This Agreement shall enter into force upon signature by the parties.
5.2. A permanent representative of the mediator will check the implementation of
this agreement and thus will lead a Bureau of Mediation in Antananarivo until the end of the transition.

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