Communique of the 376th meeting of the Peace and Security Council of the African Union (AU) on the situation in Madagascar

ADDIS ABABA, Ethiopia, May 17, 2013/African Press Organization (APO)/ -- The Peace and Security Council of the African Union (AU), at its 376th meeting held in Addis Ababa, on 16 May 2013, adopted the following decision on the situation in Madagascar:

Council,

1. Takes note of the briefing made by the AU Commissioner for Peace and Security. Council further takes note of the statements made by the Commissioner for Political Affairs, as well as by the representatives of Mozambique, as the Chair of the Southern African Development Community (SADC), Rwanda, the United Nations (UN), France, the United Kingdom, the United States of America (USA) and the European Union (EU);

2. Recalls its previous communiqués and press statements on the situation in Madagascar, particularly the communiqué adopted at its 368th meeting, held at ministerial level, in Dar-es-Salaam, on 22 April 2013;

3. Expresses its deep concern on the decision of the Special Electoral Court (CES) of Madagascar to validate the illegitimate candidatures of Lalao Ravalomanana, former President Didier Ratsiraka and Andry Rajoelina, President of the Transition, to the forthcoming presidential elections in Madagascar. Council believes that this decision violates the national law of Madagascar applicable to this matter. In this regard, Council regrets that Andry Rajoelina breached his solemn commitment not to stand for the presidential elections after a similar commitment made by the former President Marc Ravolomanana. Council also regrets the decision of the CES of Madagascar of 3 May 2013;

4. Recalls paragraph 6 (i) of the decision Assembly/AU/Dec.269(XIV) Rev.1 adopted by the 14thordinary session of the Assembly of the Union, held in Addis Ababa, from 31 January to 2 February 2010, which states particularly that the perpetrators of an unconstitutional change of Government cannot participate in elections organized to restore constitutional order, as well as the provisions of article 25 (4) of the African Charter on Democracy, Elections and Governance which stipulates that the perpetrators of an unconstitutional change of Government cannot participate in the elections organized to restore the democratic order nor occupy post of responsibility in the political institutions of their State. Council also recalls its previous appeals to all the Malagasy parties to demonstrate a sense of responsibility and place the interest of their country and the people above partisan considerations and personal ambitions, as well as its determination expressed particularly in its communiqué PSC/MIN/COMM.(CCCLXVIII), to reject any initiative aimed at undermining the Roadmap to end the crisis in Madagascar, signed on 17 September 2011 and take all the necessary measures against all those who tried to impede the ongoing efforts;

5. Welcomes the communiqué on the situation in Madagascar, adopted by the Summit of the Troïka of the SADC Organ of Heads of State and Government, held in Cape Town, South Africa, on 10 May 2013. Council stresses that the AU will not recognize the Malagasy authorities which would be elected in violation of the relevant AU and SADC decisions;

6. Requests all the Malagasy parties concerned to comply scrupulously with the present decision, particularly with its paragraphs 4 and 5 and to take the appropriate measures for the continuation of the process to end the crisis, in conformity with the Roadmap;

7. Expresses once again its appreciation to Former President Joachim Chissano of Mozambique, SADC Mediator for Madagascar, for his commitment and tireless efforts towards a solution to the crisis in that country, and encourages him to pursue and intensify his efforts;

8. Appeals to all the partners of the AU to give full support to the decision of SADC mentioned in paragraph 5 above and to this decision;

9. Decides to remain actively seized of the matter.