Accords d'Antananarivo

Country/entity
Comoros
Anjouan
Region
Africa (excl MENA)
Agreement name
Accords d'Antananarivo
Date
23/04/1999
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict (Anjouan Crisis (1997 - 2008)
The two islands of Anjouan and Mohéli seceded from the Comoros in 1997, with Anjouan unilaterally declaring independence. In the aftermath of this declaration, political infighting emerged and several coup attempts in Anjouan took place. In 2001, a junta led my Mohamed Bacar was able to consolidate power and he began negotiations with the Comoros. These negotiations resulted in the establishment of a renewed Union of the Comoros with a peace agreement constitution. After the end of his formal term, Bacar launched another coup against his successor, declaring independence again in July 2007. In February 2008, the Comoros army, supported by France and members of the African Union, invaded the island and forced Bacar to leave and the declaration of independence to be withdrawn.


Anjouan Crisis (1997 - 2008) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government/territory
Peace process
15: Comoros-Anjouan islands peace process
Parties
the Comoros parties signatories to the Addis Ababa Agreement of December 23, 1997 and of the Mohéli Communiqué of January 28, 1998, meeting in Antananarivo (Madagascar) from April 19 to 23, 1999

[Parties as stated in the Addis Ababa Agreement:

The Comorian parties (the Government, Anjouan, Moheli and Grande Comore, and the Opposition: Forum/Federation/PRC and National Union for Development/National Front for Justice)

For the delegation of Ndzuwani (Anjouan):
Ali MOUMINE

For the delegation of Mwali (Moheli):
Mohamed FAZUL

For the delegation of Ngazidja (Grande Comore):
Ali Abdou EL ANIOU

For the delegation of the Opposition
Forum/Federation/PRC:
Moustoifa Said CHEIKH Mohamed Said MCHANGAMA

For the delegation of the National Union for Development/
National Front for Justice:
Ahmed Elarif HAMIDI Tolbrane HOUMADI

For the delegation of the Government: Mouzaoir ABDALLAH]
Third parties
in the presence of official observers,

The OUA, ONU, and the League for Arab States will act as guarantors and oversee the implementation of the Conference decisions.
Description
The agreement provides for power-sharing arrangements in between the central Power and the Islands, commitment to good governance, as well as modalities of the transitional period.

Agreement document
KM_990423_Accords Antananarivo_tr.pdf []

Agreement document (original language)
KM_990423_AccordsAntananarivo.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
State configuration
Page 1-2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
...
c. New name
Union of the Comoros Islands .
State symbols
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Governance

Political institutions (new or reformed)
General references
Page 1, Untitled Preamble:
We, the Comoros parties signatories to the Addis Ababa Agreement of December 23, 1997 and of the Mohéli Communiqué of January 28, 1998, meeting in Antananarivo (Madagascar) from April 19 to 23, 1999, in the presence of official observers, in order to define a new institutional framework which satisfies the legitimate aspirations of the Comorians;


Page 1-2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
...
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
National Executive
The National Executive consists of:
• The President of the Union, Head of State, elected by the National Assembly in turn from candidates from the same Island for a mandate of three years;
• The Government of the Union directed by a Head of Government nominated by the President of the Union and sworn in by the National Assembly. The Islands should be represented equally in the Government.
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.
Temporary new institutions
Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
• Constitution of a Government of Transition
• The political parties propose to the interim President of the Republic the nomination of a consensus Prime Minister, of competence and integrity, charged with forming a Government of Transition and discharging his mandate during the period of transition as foreseen in the present Agreement ;
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Mandate
Management of current affairs:
• Establishment of new institutions;
• Establishment of a Commission tasked with preparing an inventory of the national estate;
• Preparing for a round table of donors and re-establishing relations with international financial institutions.
At the Island level:
The structures in place in the Islands will continue to function during the period of transition.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.
Elections
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:

...
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.

Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
State level
Summary: State level power sharing is provided with regard to island representation in the institutions of the Union, see below.
Executive coalition
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
National Executive
The National Executive consists of:
• The President of the Union, Head of State, elected by the National Assembly in turn from candidates from the same Island for a mandate of three years;
• The Government of the Union directed by a Head of Government nominated by the President of the Union and sworn in by the National Assembly. The Islands should be represented equally in the Government.
Proportionality in legislature
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
Legislative power:
This consists of a single Assembly called the National Assembly half of which is made up of representatives chosen by the Island Assemblies and half chosen by directly elected representatives. For representatives elected by universal direct suffrage, none of the Islands may be represented by less than a minimum or more than a maximum of representatives.
Other proportionality
Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.
International involvement
Page 3,

4. MECHANISM FOR MONITORING CONFERENCE DECISIONS
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.

The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.
Other
Pages 2-3, 3. TRANSITION
a. Institutions of the transition
At the national level:
• Constitution of a Government of Transition
• The political parties propose to the interim President of the Republic the nomination of a consensus Prime Minister, of competence and integrity, charged with forming a Government of Transition and discharging his mandate during the period of transition as foreseen in the present Agreement;
• The Prime Minister and Members of the Government may not compete in the elections foreseen to establish the new institutions.
Territorial power sharing
No specific mention.
Economic power sharing
Sharing of resources
Page 1, 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE
. . .
a. Basic principles of organisation of the State:
• Equitable resource sharing between the Islands and the central Power such that the central Power has adequate resources to exercise its competences.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
...
• Guaranteed public and civil liberties and Human Rights

Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 3, Article 3. Transition:
...
b. Length of the transition period
...
All the Comorian parties undertake to cooperate in order to create a confident and secure climate in the Islands which will favour the free movement of goods and people and the implementation of the decisions of the Comorian Inter-Island Conference;
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
Citizen, general
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Page 2, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
b. The institutions
Effective participation of the Islands in the organisation and functioning of the institutions.
i. – National institutions
...
The Supreme Court:
• Oversees the constitutionality of the Basic Laws of the Islands and other legislation;
• Oversees the distribution of competences between the Comorian Ensemble and the Islands.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.

Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
Mandate
Management of current affairs:
...
• Preparing for a round table of donors and re-establishing relations with international financial institutions.
Business
No specific mention.
Taxation
Power to tax
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
Banks
Central bank
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
International finance
Page 2-3, Article 3. TRANSITION:
a. Institutions of the transition
At the national level:
...
Mandate
Management of current affairs:
...
• Preparing for a round table of donors and re-establishing relations with international financial institutions.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 3, Article 3. Transition:
...
b. Length of the transition period
...
All the Comorian parties undertake to cooperate in order to create a confident and secure climate in the Islands which will favour the free movement of goods and people and the implementation of the decisions of the Comorian Inter-Island Conference;
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 1, Article 1. DEFINITION OF THE NEW COMORIAN ENSEMBLE:
a. Basic principles of organisation of the State:
Sharing of competences between the central Power and the Islands enabling the Islands to administer and manage their own affairs freely and without interference. Competences related to State sovereignty (Exterior Defence, Exterior Relations, Currency, Nationality…) and its symbols (flag, national anthem, national emblem) are the exclusive prerogative of the central Power. All other competences are assigned exclusively to the Islands except for those assigned jointly or concurrently to the central Power and the Islands, such as Justice, Planning, Taxation, International Cooperation, and which are listed in the basic law of the Comorian Ensemble.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 2, Article 2. GOOD GOVERNANCE:
The creation of control mechanisms to ensure correct and transparent management of public affairs at all levels of the Comorian Assembly.
Establishment of genuine rule of law, particularly through the publication of laws and regulations.
Encouragement of equitable development between and within the Islands through a balanced distribution of public investment and a judicious approach to the location of public institutions across the national territory.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
UN signatory - Guarantor (se portent garantes) and observer; but no signatures on the document
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 3, Article 4. MECHANISM FOR MONITORING CONFERENCE DECISIONS:
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.
The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.

Page 3, Article 5. RESPONSIBILITY FOR IMPLEMENTATION OF COMORIAN INTER-ISLAND CONFERENCE DECISIONS:
The OUA, ONU, and the League for Arab States will act as guarantors and oversee the implementation of the Conference decisions.
Enforcement mechanism
Page 3, Article 4. MECHANISM FOR MONITORING CONFERENCE DECISIONS:
The establishment of a committee presided over by the OUA, and consisting of Comorian parties signatory to the present Agreement, and official observers.
The monitoring Committee is tasked with ensuring the implementation of the decisions of the Comorian Inter-Island Conference.

The University of Edinburgh