BUREAU 24 September 2010 REPORT ON THE ACP-EU JOINT PARLIAMENTARY ASSEMBLY FACT-FINDING MISSION TO MADAGASCAR 10-11 JULY 2010 Mr Odirile MOTLHALE (Botswana), Acting Co-President. Mr Waven WILLIAM (Seychelles) and Mr Elie HOARAU (France, GUE), Vice-president Ms Michèle RIVASI (France, Verts), Vice-president Ms Joanna SENYSZYN (Poland, S&D) EN CR\826631EN.doc AP100.748/BUR EN
Madagascar is a valued Member of the ACP-EU Cotonou Agreement, the ACP-EU Joint Parliamentary Assembly and the ACP Group of States. Therefore the Joint Parliamentary Assembly (JPA) has been following events in this country since the latest crisis started in March 2009. During the 18 th Session of the JPA held in Luanda, Angola, in December 2009, the JPA adopted a Resolution in which the JPA called for the return to constitutional order, rule of law, the respect for human rights and the re-instatement of the Parliament of Madagascar. The JPA also affirmed its support for the efforts of the International Contact Group, the AU, COMESA and SADC as well as the process facilitated by these bodies that culminated in the Maputo and Addis-Ababa Agreements. As a follow-up the Resolution of the 18 th Session of the JPA, and having considered that there were problems in the implementation of the Maputo and Addis-Ababa Agreements, the JPA decided to send a fact-finding mission to ascertain the situation on the ground as way of contributing to the resolution of the crisis. The JPA was concerned about the negative impact of the crisis on the Madagascar economy and on ordinary people of this country; it is in the interest of all that this crisis is resolved as soon as possible. Four movements and two civil societies The delegation met with a cross-section of the political actors in the country, including the representatives of the four movements 1 and former parliamentarians, who have given their perspective on the situation as well as their recommendations for a solution to the crisis. The JPA also met with Mr. Andry Rajoelina, the President of the Transitional High Authority (HAT). On its way to the Regional Meeting in Mahé (Seychelles), the delegation stopped in Johannesburg where it hoped to meet Mr Marc Ravalomanana. That was finally not possible but Members could have a conference call with him. The delegation was concerned about the current situation and the divergent views of the main political actors in the country about the way forward out of this crisis. The main problem appeared to be the fact that the HAT and the opposition parties, in particular the Ravalomanana movement, had differed over the implementation of the Maputo Agreement that was signed by all the differing movements. The Maputo and the subsequent Addis-Ababa Agreements had not been fully implemented by the HAT, which instead would like the conflict to be resolved principally through a National Conference (called the Malagasy solution ). However, there appeared to be strong differences about the national reconciliation process envisaged through the National Conference as well as the role of the Coalition of civil society and of the Ray aman-dreny mijoro (the Elders) mandated to facilitate the Conference. Movements and civil society close to the HAT claimed that the movements only represented a small part of Malagasy society when other movements claimed that the Elders and the Coalition were partial, and emanated in fact from the HAT. 1 The four movements are named after the four former and current leaders of the country: Didier Ratsiraka, Alfred Zafy, Marc Ravalomanana and Andry Rajoelina. These were the four movements signing the Maputo and Addis Agreements supposed to end the March 2009 crisis. AP100.748/BUR 2 CR\826631EN.doc
Neutral, inclusive and consensual: All parties therefore insisted for the Coalition and the Conference, to be "neutral, inclusive and consensual". But none seemed to have the same perception of these terms which remained very vague. It seemed to the delegation that the lack of common understanding of these terms could too easily lead each party to estimate that the prerequisites were not met. In this regard, the delegation was of the strong view that the National Conference must be legitimate, credible and command the confidence of all the people of Madagascar if its outcomes were to be respected, implemented and sustainable. The delegation would like to affirm that the solution to the present crisis lies with the people of Madagascar themselves and must not be imposed from outside. It must fully involve all the political parties and movements in the country. In this regard, the delegation was of the view that the National Conference, if properly organized and constituted, would be a good opportunity to address, in a positive and sustainable way, the political, economic, social and institutional issues that are fundamental to challenges affecting Madagascar and its people. The delegation would like to highlight the importance of finding a lasting solution to the problem beyond the current crisis in order to put an end to the cycle of political crisis in Madagascar. This process must be driven by the people of Madagascar themselves. Nevertheless, the delegation was of the view that the international community would continue to have an important role to play in this regard, to help bring together the different parties and facilitate the process of consensus building. The delegation had confidence that if there was sufficient political will, a solution to this crisis was possible. Prisoners: The delegation was also concerned about reports of political prisoners and arbitrary arrests, including of journalists, and called on the authorities to address these issues. The delegation visited the Antanimora prison in Antananarivo and could meet several journalists imprisoned as well as the former head of security of the Constitutional High Court. The delegation heard the argument that people imprisoned were arrested after troubles to public order. Nevertheless it felt that their imprisonment was a stumbling-block to any long-lasting solution. They should be freed awaiting a fair trial. Consequences of the crisis on the Malagasy people: The socio-economic situation has been deteriorating rapidly since March 2009. The lack of governance accumulated with the suspension of foreign aid, especially EC aid, made the daily life of most Malagasy very difficult. The delegation had the opportunity to visit some projects financed by the EU and by UNICEF. They were explained how the CR\826631EN.doc 3 AP100.748/BUR
situation of most poor households deteriorated the last months and how the situation was critical in basic public services like hospitals and schools. The situation was also catastrophic in the prison the delegation visited. For the delegation this raised a real question: how to support citizens when aid to the government is suspended? The delegation estimates that the suspension of aid to the authorities should not mean the suspension of aid to the country but its reattribution to other actors able to support the poorest. Conclusions: The delegation took note of the absence of rule of law that prevailed in Madagascar. The transition period should lead to the return of constitutional order. Despite the efforts which led to the Maputo and Addis Ababa Agreements under the auspices of the international community, their implementation was still blocked. The National Conference was the alternative launched by the HAT. When the delegation was in Madagascar it appeared that other movements waited for guarantee of "inclusiveness and consensus". The delegation indeed called for the National Conference to incorporate civil society at a broader sense, and all political parties. All its decisions should be taken by consensus. Finally, the delegation also insisted that the Electoral Commission should really be independent, as a crisis exit was to be envisaged by the setting up of democratic, free and transparent elections. The delegation considered that the European Union and the international community should be ready to answer any invitation to have a lengthy election observation mission in order to accompany Malagasy people in the exercise of its free expression. Recommendations: The JPA Bureau should write to the HAT to ask for the political prisoners to be freed before their trial. The JPA Bureau should invite Mr Chissano, SADC mediator to exchange on the situation. ***** The delegation wishes to thank the Government of Madagascar, the Delegation of the European Union in Madagascar and UNICEF for facilitating this delegation, as well as all the political actors and other stakeholders who have fully cooperated with the delegation and given it the benefit their views on the current situation. AP100.748/BUR 4 CR\826631EN.doc
ASSEMBLEE PARLEMENTAIRE PARITAIRE ACP-UE MISSION D'INFORMATION A MADAGASCAR 10 11 JUILLET 2010 ANTANANARIVO MADAGASCAR JOHANNESBURG AFRIQUE DU SUD PROJET DE PROGRAMME VENDREDI 9 JUILLET Arrivée à Antananarivo (21.50) SAMEDI 10 JUILLET 08.00-08.45 Briefing avec la délégation de l'ue, les Ambassadeurs des Etats membres de l'ue et les Ambassadeur de pays ACP 09.00-10.00 Rencontre avec le Ministre des Affaires étrangères 10.45-12.30 Rencontre avec d'anciens parlementaires 12.30-13.45 Déjeuner avec des représentants d'organisations de défense des droits de l'homme (ACAT-Madagascar et KFM-CNOE) et M. Raymond Ranjeva, Ancien vice-président de la Cour internationale de Justice 14.00-15.30 Rencontre avec les mouvances M. Emmanuel Rakotovahiny (mouvance Zafy), M. Ange Andrianarisoa (mouvance Ratsiraka) et M. Fetison Andrianirina (mouvance Ravalomanana) 15.30 16.15 Rencontre avec les Ray aman-dreny mijoro (Sages) 16.30-17.00 Rencontre avec l'alliance des organisations de la société civile 17.00-17.30 Rencontre avec la Coalition des organisations de la société civile CR\826631EN.doc 5 AP100.748/BUR
18.00 Rencontre avec M. Andry Rajoelina (HAT) 19.00 Point presse 19.30 21.00 Dîner avec M. Pascal Rakotomavo, ancien Premier Ministre et des représentants de la société civile (secteur privé, journalistes, etc.) DIMANCHE 11 JUILLET 08.30 13.00 Visite de projets financés par l'union européenne - Antananarivo - Pauvreté en milieu urbain: accès au logement et assainissement, avec l'unicef et ENDA - Prison Antanimora 13.00 - Départ pour Johannesburg (14.45), arrivée (17.25) 18.30 20.00 Rencontre avec M. Marc Ravalomanana Départ pour les Seychelles (23.55) LUNDI 12 JUILLET Arrivée à Mahé (06.50) 14.00 16.00 Debriefing de la délégation, préparation des conclusions de la mission AP100.748/BUR 6 CR\826631EN.doc