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TRANSITIONAL CHARTER

PREAMBLE

CONSIDERING that the current deterioration in the political situation threatens

national unity and solidarity and endangers peace and security, social and
economic development, and the stability of Madagascar;

CONVINCED of the need to exit from the political crisis, to re-establish social
peace, to guarantee the security of people and property, to relaunch the
economy and to restart the Administration by negotiation and consensus;

RECOGNISING that the cyclical crises which have afflicted Madagascar since
1972, have hindered the development of the country and that it is important
to establish a lasting foundation for a stable democratic republic, united in its
diversity and respectful of Human Rights and fundamental liberties;

COMMITTED to ensuring that all Malagasy citizens thrive by adopting a new

Constitution with a view to establishing the Fourth Republic of Madagascar;

REAFFIRMING the wish of the political leaders to restore respect for the
sociocultural values of the Malagasy People, in particular their “fihavanana”
(kinship);

DETERMINED to implement the process of national reconciliation to assuage

the individual and collective wounds that History has inflicted;

UNDERTAKING to respect the principles of the separation and balance of

powers, exercised by means of democratic processes and with respect for the
rule of law;

The following parties:

- the Andry RAJOELINA party;

- the Marc RAVALOMANANA party;
- the Didier RATSIRAKA party;
- the Albert ZAFY party;

Under the auspices of

- the African Union (l’Union Africaine, UA);

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- the South African Development Community (la Communauté pour le

Développement de l’Afrique Australe, SADC) ;
- the United Nations (UN); and the
- International Organisation of La Francophonie (l’Organisation
Internationale de la Francophonie, OIF) ;

In the name of the Malagasy People,

AGREE:

Chapter I – The Transitional Principles

Article 1

The political parties shall work towards a neutral, inclusive, peaceful and
consensual transition, with a view to organising regular, fair, transparent,
equitable and credible elections, and establishing stable democratic
institutions.

Article 2

The purpose of the Transition is to:

- ensure the continuity of the State and respect its national and
international commitments;

- re-establish order and security;

- initiate the “truth and reconciliation” process;

- design and set up state structures which genuinely satisfy the aspirations
of the diverse components of the Malagasy People and guarantee the
equitable distribution of wealth and economic, social, cultural and
human development while respecting their diversity and unity;

- organise elections and consult the population (referendum on the

constitution and presidential and legislative elections) before
establishing a new constitutional act and setting up republican and
democratic institutions.

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Chapter II – Transitional Organs and Institutions

Article 3

Upon signature of the present Charter, institutions to manage the State during
the period of transition shall be established. This should be done no later than
fifteen months from the date of signature of the present Charter. The
transitional institutions shall be dissolved as and when the institutions planned
in the new constitution are established.

The transitional institutions and organs shall be guarantors of the normal

functioning of the State. They consist of:

3.1 An executive organ including:

- The Transitional President, who shall carry out the functions of Head of
State;
- The Transitional Vice-President;
- The Transitional Government of National Unity, led by a Prime Minister,
Head of Government, and three Deputy-Prime Ministers in charge of
ministerial portfolios, and including all the political tendencies of
Madagascar;

3.2 A two-chamber legislative organ including:

- the Transitional Superior Council (le Conseil Supérieur de la Transition,

CST) ;

- the Transitional Congress (le Congrès de la Transition, CT) ;

3.3 An organ responsible for national reconciliation : The National

Reconciliation Committee (le Conseil nationale de réconciliation, CNR) ;

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3.4 Two consultative organs :

- The Economic and Social Committee (le Conseil Économique et Social,

CES) ;

- The Committee for Reflection on Defence and National Security (le

Comité de reflexion sur la Défense at la sécurité nationale, CRDSN).

3.5 A judicial organ: the Transitional High Court (la Haute Cour de la
Transition, HCT);

3.6 An organ for the organisation and supervision of elections: the

Independent National Electoral Commission (Commission électorale
nationale indépendante, CENI).

The following institutions shall be replaced by the Transitional organs in

accordance with the present charter:

- The Presidency of the Republic;

- The National Assembly;
- The Senate;
- The Constitutional High Court.

A. The Transitional President

Article 4

The President of the Transition shall:

 Be the symbol of national independence and territorial integrity;

 Ensure national solidarity and the strict application of the present
Charter;
 Ensure the proper functioning of the provisional institutions of the
Republic. He shall ensure the continuity of the State and respect for
the international commitments made by the Republic of Madagascar;
 Chair the Council of Ministers;
 Appoint the Prime Minister, Head of the Transitional Government of
National Unity, under the conditions determined in Article 10 of the
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present Charter and dismiss him in agreement with the party

concerned;
 Appoint and dismiss, on the Prime Minister’s proposal, members of
the Government;
 Appoint senior civilian and military employees, as well as those of
organs relating to the State and the Council of Ministers;
 Monitor the implementation of general state policy during the
Transition and the activities of the various State structures. For this
purpose he may use the organs of inspection and control of the
different State services;
 Be the Supreme Commander of the Armed Forces. For this purpose
he shall appoint the senior leaders of the Army, the Gendarmerie and
the National Police Force. He shall be in charge of the State General
Inspectorate, the Army General Inspectorate, the Gendarmerie
General Inspectorate and the Police General Inspectorate;
 Be the guarantor of independence and of justice and exercise the
right of pardon in the Superior Council and the Magistracy;
 Proclaim a state of emergency, of national need or of martial law
should circumstances require this for the defence of the Republic,
public order or the security of the State, according to the conditions
and procedures foreseen by law;
 Adopt the orders and decrees debated in the Council of Ministers;
 Promulgate laws and orders;
 Accredit and recall ambassadors and special envoys of the Republic of
Madagascar to other states and international organisations. He shall
receive the letters of introduction and of recall of State
representatives and international organisations recognised by the
Republic of Madagascar;
 Chair official ceremonies; and
 Confer State decorations.

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Article 5

If the Transitional Presidency is vacant, the Vice-President shall act in interim

until a new President is nominated from the same party.

B. The Transitional Government of National Unity

Article 6

The Transitional Government of National Unity shall consist of a consensus

Prime Minister, three Deputy Prime Ministers representing the political parties
and 28 Ministers representing the political movements of Madagascar.

Article 7

The Prime Minister, Head of the Transitional Government of National Unity,

shall:

 Chair the Government Council;

 Define and direct State policy. He shall provide regular updates on major
policy to the Transitional President;
 Without prejudicing the competences devolved to the Transitional
President, as defined in Article 4 above, appoint State civilian and
military employees to the Government Council. He shall have regulatory
powers. Within this framework, he shall ensure the implementation of
laws and orders;
 Lead Government business and be responsible for coordinating the
activities of different ministerial departments;
 Adopt draft laws and orders presented for debate in the Council of
Ministers. Draft laws shall be submitted to the Office of the Transitional
Congress.
 Be in charge of the Administration;
 Appoint senior civilian and military employees, as well as those in
organisations relevant to the State, to the Government Council, except
for those foreseen in Article 4 of the present Charter;

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 Delegate some of his powers to members of the Government, with

faculties of sub-delegation, in particular to Deputy Prime Ministers;
 Monitor the implementation of judicial decisions;
 Have access to State monitoring organs, without prejudice to the
provisions of Article 4 above;
 Guarantee the maintenance of order and public security, while
respecting fundamental liberties and Human Rights. To this end he shall
be the Head of all forces of security and public order;
 Negotiate treaties and international agreements in accordance with the
principles agreed in the Council of Ministers;
 Summon electors for the referendum on adoption of the new
constitution, as well as for presidential and legislative elections.

Competences other than those specifically devolved to the Transitional

Presidency, the Transitional Superior Council and the Transitional
Congress are under the jurisdiction of the Prime Minister, Head of
Government.

Article 8

All measures for ensuring the continuity of public services at the level of
the State and of local communities shall be approved by the
Government Council.

C. The legislative organ

Article 9

The Transitional Superior Council, the High Chamber of the legislative

organ, shall have 65 members.

It shall elect the members of the Permanent Office and Committee

Presidents.

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Article 10

The Transitional Superior Council shall decide its own organisation,

functioning and internal regulations. In general, decisions shall be taken
by consensus.

Article 11

If the post of CST President is vacant, the functions of the President will
be carried out by the Deputy Presidents until a new President is elected
in accordance with Article 14.

Article 12

The Transitional Congress shall be the Lower Chamber of the Transition.

It shall have 258 members.

The members shall be appointed by decree of the Transitional President.

The Transitional Congress shall elect a maximum of six Vice-Presidents

from among its members.

The Permanent Office of the Transitional Congress shall consist of the

President and the Deputy Presidents. It shall be assisted by a General
Secretariat.

The organisation and functioning of the Transitional Congress shall be

determined by an internal regulation adopted by its members.

Article 13

The legislative function, the countervailing power of the Executive, shall

be exercised jointly by the two chambers. Proposals for laws are shared
between the Government, the Transitional Superior Council and the
Transitional Congress.

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The two chambers shall:

 Vote on organic laws, finance laws and ordinary laws;

 Ratify orders. These acquire legislative force when the law of ratification
is published in the Official Journal;
 Authorise the ratification of international agreements and treaties;
 Supervise and monitor government activity.

In case of disagreement between the two chambers the law project or

proposal shall be definitively adopted in a joint meeting of the two
chambers.

Article 14

The Presidents of the two chambers shall advise the Transitional President
before any announcement of a state of emergency, state of national need
or martial law, should circumstances require this for the defence of the
Republic, public order or the security of the State.

Article 15

Both the Prime Minister and members of the Transitional Congress may
propose legislation.

Article 16

The President of the Transitional Congress and its members shall be

authorised to use the monitoring and inspection organs of the different
State services.

D. The National Reconciliation Committee (CNR)

Article 17

The CNR shall be responsible for designing and implementing the process of
national reconciliation based on the concept of “truth and reconciliation”,
for organising regional conferences and the national conference, and for

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revising and, when appropriate, preparing and legal texts and basic
regulations on the refounding of the Republic.

The CNR shall consist of 9 members including a President designated by the

present Charter. For the other eight members the political parties shall each
designate two members.

Article 18

To this end, a “Truth and Reconciliation” Commission, a National

Commission responsible for redrafting the Constitution and an organising
committee for regional conferences and the national conference shall be
set up.

The “Truth and Reconciliation” Commission shall review all the events
which have affected political, economic and social life in Madagascar.

It shall study all questions relating to reparations, compensation and

possible reconstitution of careers during the period under consideration.

The organisation and functioning of the CNR shall be determined by an

internal regulation adopted by its members.

E. The Economic and Social Committee (CES)

Article 19

The Economic and Social Committee shall be a consultative organ consisting

of 72 members.

Article 20

Members of the CES proposed by civil society and by the parties shall be
appointed by decree of the Transitional President.

The CES shall be directed by a Permanent Office consisting of a President

and a Vice-President assisted by a General Secretariat. All other aspects of
its organisation shall be determined by internal regulations developed by its
members.

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Article 21

The Economic and Social Council shall be responsible for making

recommendations to the Government on economic and social policy and
for establishing an equitable regional balance.

It shall be compulsorily consulted on draft finance laws.

F. The Committee for Reflection on Defence and National Security (CRDSN)

Article 22

A consultative organ on questions of defence and national security shall be

established, the Committee for Reflection on Defence and National Security
(CRDSN). The CRDSN shall be responsible for leading a debate on questions
of defence and national security, in particular on ways and means of
reinforcing cohesion and discipline within the army and security forces, in
order to build a republican army at the service of the nation.

It shall consist of 8 members designated by the political parties (2

representatives per party).

G. The Transitional High Court (HCT)

Article 23

The Transitional High Court shall ensure that the provisions of the present
Charter are respected. It shall legislate on any contentious matters relating
to referendum processes and the presidential and legislative elections or
any other national election. It shall regulate any conflicts of competences
between two or more State institutions or between the State and one or
several local communities. It shall monitor respect for human rights and
fundamental liberties as well as the implementation of international
agreements which are binding on Madagascar.

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The HCT shall consist of 11 members with confirmed judicial experience

and appointed according to the following rules of allocation:

- One member designated by the Transitional President;

- One member designated by the Transitional Superior Council;
- One member designated by the Transitional Congress;
- One member designated by the National Reconciliation Committee;
- Three members designated by the Magistracy Superior Council;
- Four members designated by the political parties (one representative
per party).

The President of the Transitional High Court shall be elected by his peers.

The Transitional High Court shall legislate on whether laws and orders
conform to the provisions in the present Charter. It shall also ensure the
compatibility of this legislation as well as that enacted by the competent
organs of decentralised authorities with the international treaties in force,
particularly those designed to guarantee Human Rights and fundamental
liberties.

To this end, the Transitional High Court may be used by the Transitional
President, the Prime Minister or one third of the members of the
Transitional Congress or the Transitional Superior Council.

H. The Independent National Electoral Commission (CENI)

Article 24

A National Independent Electoral Commission (CENI) shall be established. It

shall be responsible for organising and supervising all electoral operations. It
shall also be responsible for awareness-raising and education of the
population relating to elections. It shall be composed of experienced,
credible and competent individuals, of substantial integrity. CENI shall be
established by the national conference.

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Chapter III: Amnesty measures and annulment of charges

 General principles governing the amnesty

Article 25

The National Reconciliation Committee shall propose a general amnesty law

for adoption by the Transitional Congress, with the aim of political and social
appeasement and support for the national reconciliation process. The
amnesty law shall scrupulously respect the regulations, general principles
and traditions of international law, as well as the current treaties or
international agreements designed to suppress war crimes, acts of genocide
and crimes against humanity. With respect to the same regulations and
principles, the amnesty law shall neither apply to nor exonerate grave
violations of Human Rights and of fundamental liberties, which are
protected by regional and international instruments by which the Republic
of Madagascar is bound. Nor shall it exonerate crimes and offences involving
attacks on people’s lives or physical integrity.

Article 26
The amnesty law shall be based on strict respect of the principle of
presumption of innocence. It shall definitively end judicial proceedings of
any kind in all jurisdictions and courts. It shall bring to an end any public
action. It shall annul any judgements and administrative sanctions of any
kind whether definitively pronounced or not.

 Preparing and voting on the amnesty law

Article 27

A law project on the amnesty shall be developed by the political parties

following the negotiations at the Carlton Hotel in Antananarivo and annexed
to the present agreement. It shall be given priority in the agendas of the two
chambers (CST and CT) for ratification during the first sessions.

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 Objective and coverage of the amnesty law

Article 28

The amnesty law shall cover any violation, negligence or error, whatever its
nature, objective or classification, committed during the exercise of their
functions and duties by any person in a position of management or working
for the State, as well as by opposition politicians, between January 1, 2002,
and the date of signature of the present agreement.

Any administrative or legal proceedings, decisions, or judgements, relating

to offences or events of a political nature presented as offences in common
law, shall be null and void.

Article 29

Any person eligible for amnesty shall be released without delay, and shall
retrieve his civil and political rights without further formalities.

Article 30

The amnesty law shall enter into force following its promulgation and
publication in the official journal of Madagascar.

Article 31

Any person who was a victim of the political events between 2002 and the
date of signature of the present agreement and suffered damages of any
kind, shall be entitled to compensation and/or damages by the State,
according to terms and conditions determined by the CNR.

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Chapter IV – Status of former Heads of State

Article 32

A special statute shall be developed which will accord the former Heads of
State, including the Head of State of the Transition, the status due to their
former rank, preserve their dignity and guarantee their security.

Former Heads of State shall be appointed senators for life.

Chapter V – Organisation of elections

Article 33

The presidential and legislative elections shall be organised no later than

fifteen months from the date of signature of the Transitional Charter,
following an independent evaluation of Madagascar’s capacity to organise
the elections. This evaluation shall be carried out by national and
international experts from the UA, SADC, OIF, the UN and the European
Union.

Article 34

During the period of transition, and throughout the electoral process,

Madagascar shall benefit from the political, diplomatic, technical and
financial support of the international community. National and international
observers shall observe the elections in situ.

Chapter VI – Drafting the new constitution

Article 35

The Republic of Madagascar shall be provided with a new Constitution.

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In addition, the Constitutional project shall include the following provisions:

- The President of the Republic shall be elected by universal direct

suffrage for a five year mandate which may be renewed once;
- Any change to the Constitution affecting the organisation or functioning
of public powers or the form of the State must be ratified by
referendum.

A Constitutional project submitted to a referendum shall include the

recommendations of the national conference organised by the National
Reconciliation Committee.

Chapter VII – International monitoring

Article 36

The international community, witness and guarantor of the commitments

made within the framework of the Transitional Charter, shall be called upon
to witness the transition process, including the organisation of elections.

Article 37

Should any party which is signatory to the commitments made under the
terms of the present Charter, fail to observe them, the Joint Mediation
Team for Madagascar shall be called upon to assist.

Chapter VIII – A peaceful climate during the period of transition

Article 38

The parties shall maintain a climate of peace, serenity and confidence during
the period of transition in order to ensure its success.

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Chapter IX- General and temporary provisions

Article 39

Functions within transitional institutions and organs may not be combined.

Article 40

To implement the present Charter, the signatory parties agree on the

following procedures:

- Upon its signature, all of the organs and institutions foreseen in the
present Charter shall be established within thirty days;
- The different political parties which are signatory to the present Charter
shall designate the members of all the planned institutions and organs
within thirty days.

Article 41

The procedures for implementing and applying the present Charter shall be
determined, by adopted laws or orders, or failing this, by decree.

Article 42

The present Transitional Charter shall constitute the constitutional law of

the transition.

Article 43

All of the constitutional provisions, including laws and regulations, as well as

those resulting from other legislation which do not contradict the present
Charter shall remain in force and shall automatically apply.

Chapter X – Signatories and entry into force of the Transitional Charter

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Article 44

The political parties shall be invited to sign the Transitional Charter.

Other parties or entities may sign it later. They shall benefit from its
entitlements and be bound by its obligations.

Article 45

The present Transitional Charter shall enter into force from the date of
signing, and in accordance with the provisions of Article 4 of Order 62-041 of
September 19, 1962, shall be publicised by all possible means, in particular
by radio and television broadcasts and bill boards, in addition to its entry in
the Official Journal of the Republic of Madagascar.

The ratification order of the present Charter shall be signed and published at
the same time, under the same conditions.

Article 46

The representatives of all the living forces of the Malagasy People (religious
faiths, trade unions, the armed and security forces, businesses and
organisations representing civil society) shall be invited to adhere to the
present Transitional Charter.
Maputo, August 9, 2009

Signatures

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