Explanatory Memorandum to COM(2010)181 - Conclusion of consultations with Madagascar under Article 96 of the ACP-EC Partnership Agreement

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dossier COM(2010)181 - Conclusion of consultations with Madagascar under Article 96 of the ACP-EC Partnership Agreement.
source COM(2010)181 EN
date 26-04-2010
In the wake of the forcible transfer of power that occurred in Madagascar on 17 March 2009, Mr. Andry Rajoelina was proclaimed President of the High Transitional Authority.

Since this forcible transfer of power constitutes a flagrant violation of the essential elements set out in Article 9 of the ACP-EC Partnership Agreement, hereinafter 'the Cotonou Agreement', on 9 June 2009 the Council and the Commission sent a letter inviting Madagascar's High Transitional Authority to consultations in accordance with Article 96 of that Agreement.

At the opening meeting of the consultations held in Brussels on 6 July 2009, the European Union did not consider that any satisfactory proposals had been made by the Malagasy side.

In a spirit of openness to dialogue and fully aware of the complexity of the political situation in Madagascar, the European Union has proposed that the consultations remain open in order to encourage Madagascar's High Transitional Authority to continue negotiations with the country's various political factions, under the aegis of the joint mediation team consisting of the African Union, the Southern African Development Community (SADC), the Organisation Internationale de la Francophonie and the United Nations, in order to reach a consensual agreement that would allow a return to constitutional order.

Under the aegis of this joint mediation team for Madagascar and, particularly, following the appointment of President Chissano at the SADC Summit in June 2009, the leaders of the four political factions signed in Maputo on 9 August 2009 the Maputo Political Agreement and the Charter of the Transition, plus other agreements providing, in particular, for the creation of institutions to manage the transition process and organise presidential and legislative elections within fifteen months. These agreements, which were to be implemented over the ensuing thirty days with appointments to key posts in the transition institutions made by consensus, have been supplemented by the Additional Act to the Malagasy Charter of the Transition, which was signed by the leaders of the four political factions on 6 November 2009 in Addis Ababa.

Despite the many efforts of the joint mediation team with the support of the international community over the last few months and despite the most recent ad hoc initiative of the President of the AU Commission, the political factions have not reached agreement on the implementation of the transition process to which they agreed in Maputo and in Addis Ababa. Rather, Mr. Rajoelina has embarked upon a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for the month of May 2010, which runs counter to both the spirit and the letter of the Maputo agreements and the Addis Ababa Charter.

The European Union considers that it cannot be a party to this unilateral transition plan, which, moreover, cannot bring a lasting resolution to the current crisis that would restore the constitutional order in Madagascar.

Accordingly, it is proposed:

- to decide to close consultations with Madagascar's High Transitional Authority in accordance with Articles 9 and 96 of the Cotonou Agreement and to inform the Malagasy authorities of a series of appropriate measures concerning Community aid for cooperation with Madagascar. These measures will not affect any operations that might be implemented to facilitate a return to constitutional legality or humanitarian measures or measures that directly benefit the population, and they will preserve the legal certainty of contracts for the implementation of operations already under way.

- should the prospect arise of a positive outcome involving a consensual agreement between all the factions in Madagascar on a transition process, the European Union reserves the right to adopt measures in support of this process.