ACTION ALERT: Crisis in Madagascar
2 April 2009

Madagascar remains one of the world’s poorest countries, in spite of its unique biodiversity. The island’s nine million Christians have played an important role in public life since the nation’s independence from France in 1960. In the early 1990s, the Council of Churches convened a national consultation to draw up a new, democratic constitution.  In 2001 and 2002, the Church led massive and peaceful demonstrations to uphold the constitution and ensure that presidential election results were respected.

Now, the principles of democracy and rule of law are again under siege.  On 17 March, the mayor of the capital city, Antananarivo, staged an effective coup d’état with the help of a group of mutinous army officers. He has since driven the elected President out of the country, dissolved parliament, stated his plan to pack the courts, and centralized state power in his own hands.  Christian leaders who have dared to oppose the coup have been threatened and harassed.

The Stated Clerk of the Presbyterian Church (USA) has issued a statement of the denomination’s concerns regarding the current crisis situation in Madagascar (http://www.pcusa.org/oga/letters-statements.htm and copied below). This calls on US public officials to:
• Condemn the 17 March coup d’état in Madagascar;
• Withhold diplomatic recognition from individuals appointed by the illegal government to represent Madagascar abroad;
• Impose targeted sanctions on Madagascar;
• Condemn the pardoning or release of perpetrators of gross human rights violations;
• Support the restoration of the rule of law and respect for the Constitution of Madagascar and the will of the people as expressed at the last general election (December 2006);
• Encourage an inclusive national consultation process that is coordinated by the African Union or other appropriate impartial body.

Presbyterians are encouraged to call or write their members of Congress to share these concerns and to invite appropriate action. In addition to contacting your own members, please be in touch with the following congressional and State Department leaders who play key roles in shaping US policy in the region: 

Official	Position	Aide	Telephone
Sen. Russell Feingold (D-WI)	Chair, African Affairs Committee	Peter Quaranto	202-224-5323
Sen Johnny Isakson (R-GA)	Ranking Minority, African Affairs Committee	Catherine Henson	202-224-3643
Rep. Donald Payne (D-NJ)	Chair, Africa and Global Health Committee	Noelle LuSane	202-226-7812
Rep. Christopher Smith (R-NJ)	Ranking Minority, Africa and Global Health Committee	Sheri Rickert	202-226-4925
Ambassador Johnnie Carson	Assistant Secretary of State for African Affairs		202-647-4485

  
Talking Points Related to Specific Recommended Actions

The talking points below may help you to share vital information about the current crisis and motivate the relevant actions. For more information on effective advocacy, see the Presbyterian Washington Office publication, “How to Be an Effective Advocate”, available at http://www.pcusa.org/washington/howtoadvocate.pdf.

1. Condemn the 17 March coup d’état:
 
The US State Department has already condemned the unconstitutional takeover, saying on 20 March that  “The United States condemns the process through which Marc Ravalomanana was forced to resign as President of the Republic of Madagascar and Andry Rajoelina subsequently was installed as the de facto head of state as undemocratic and contrary to the rule of law.  This series of events is tantamount to a coup d’etat and the United States will not maintain our current assistance partnership with Madagascar.”  It is good however, to remind elected officials that it was a coup d’état and that further action is necessary.
 
2. Withhold diplomatic recognition from individuals appointed by the illegal government to represent Madagascar abroad:
 
The “minister” appointed by the coup leaders, Monja Roindefo, said that to get support he will see President Obama and President Sarkozy.  The US government should indicate clearly that it will not give visas for self-styled “president” Andry Rajoelina or members of his government, nor will they recognize emissaries sent by him.
 
3. Impose targeted sanctions on Madagascar:

On 20 March, the US government said that “the United States is moving to suspend all non-humanitarian assistance to Madagascar. ”  But five days later, the State Department said: “We have not yet determined what programs will be suspended in FY 2009 or how much humanitarian aid the U.S. will provide for Madagascar.”  It is important that the US define without delay what assistance will be cut and that it not simply classify all assistance to Madagascar as ‘humanitarian’.
 
4. Condemn the pardoning or release of individuals convicted of gross human rights violations:
 
Mr. Rajoelina indicated that he plans to release 39 people that he calls “political prisoners”.  Most of these people were convicted of crimes committed in the political crisis of 2002.  These crimes include murder, kidnapping, and other serious crimes.  Twenty-eight of these prisoners have already been released.  One of the worst offenders, Lt. Col. Coutiti, has been released from prison but is apparently under “house arrest” at a hotel on the edge of Antananarivo awaiting his freedom. The release of convicted criminals undermines the rule of law in Madagascar. It jeopardizes the many courageous people who testified against the criminals in court, and may dissuade others from giving testimony in the future.
 
5. Support the restoration of the rule of law and respect for the Constitution of Madagascar and the will of the people as expressed at the last general election (December 2006):
 
Madagascar has seen numerous instances of criminal action with apparent impunity in the past several months.  These include the detention of the President of the Church of Jesus Christ in Madagascar (FJKM), Pastor Lala Rasendrahasina, and the burning of the national television and radio stations.
 
The Malagasy constitution has been trampled on in many ways in the past month or so.   The High Constitutional Court gave the powers of the presidency to Andry Rajoelina, who, at 34, is 6 years to young to be president according to the Constitution. Mr. Rajoelina decided to suspend the National Assembly and the Senate in violation of the Constitution, and to raise the number of members of the High Constitutional Court to 11, 10 of which are to be named by him or his government. 
 
Mr. Rajoelina claims to have the support of “the people”, but he turned down the referendum offered by President Ravalomanana. At present, the only reliable gauge of the people’s will is the results of the last Presidential election in December 2006.
 
6. Encourage a national consultation process that is coordinated by the African Union or other appropriate impartial body and includes both President Ravolomanana and Mr. Rajoelina:
 
A national consultation is meaningless unless it is truly representative and unless the meetings are coordinated by a neutral party.  If Mr. Rajoelina coordinates the meeting or if the party of President Ravalomanana is excluded, then it will not be representative.

April 1, 2009

Stated Clerk expresses concern over situation in Madagascar

On behalf of the General Assembly of the Presbyterian Church (U.S.A.), we join our church partners in expressing deep concern over the situation in Madagascar in the wake of the coup d’état that took place on March 17, 2009. Our concerns revolve primarily around four main issues:

1. Adherence to the Constitution and the rule of law — Madagascar has a well-developed and popularly recognized Constitution that provides for the election of public officials through universal adult franchise. At the time of the coup, the government of Madagascar enjoyed a popular mandate expressed in the December 2006 general election. The assertion often made by insurrection leaders that “the people” had in some way withdrawn their mandate is untested and therefore purely speculative. The rejection of President Ravalomanana’s offer to hold a referendum to test public support for his continued service calls into question the insurgent’s commitment to democratic processes. The Constitution provides a mechanism for the orderly removal of the President in the event of serious malfeasance, incapacity, or other legitimate grounds. The insurgents’ failure to pursue the constitutional options for change runs counter to their stated commitment to democracy.
By failing to follow these mechanisms, the legitimacy of the Madagascar High Constitutional Court’s certification of the transfer of power from the presidency to a military directorate and then to the so-called High Authority of the Transition decision is in doubt. There are strong indications that the President’s order for the transfer of power was elicited though coercion. This may explain the fact that the order did not bear the official seal of the presidency (and hence is not technically valid in terms of Malagasy law), nor was it formally presented to the Malagasy people by the President or his representative.
The subversion of democracy and the disrespect shown for the rule of law, in general, and Madagascar’s Constitution, in particular, are profoundly troubling features of the insurrection. This does not bode well for the future of popular sovereignty or for government’s capacity and inclination to respond to the developmental needs of the people of Madagascar.

2. The release of those responsible for severe human rights violations — The insurrectionary government has begun to grant clemency and to release a number of individuals convicted of serious crimes and human rights violations, including such notorious offenders as Lt. Col. Coutiti, Lt. Col. Rahitso, and Col. Balbine. Since their crimes were typically linked with attempts to stifle opposition to Ravalomanana’s government, it is claimed that they were political prisoners. However, all were tried and convicted in open court on the basis of detailed evidence. Whether intended or not, the unconditional release of murderers and torturers will send a very chilling message about the political tactics that the insurrectionists feel are acceptable. Moreover, it will directly jeopardize the safety and well-being of scores of people who were brave enough to testify against these criminals.
At the moment, some of those being prepared for release, including the feared Lt. Col. Coutiti, are still being held under house arrest. It is therefore imperative that the international community send a strong message of opposition to the release of these dangerous criminals, given and the crimes with which they are associated.

3. The use of military force against the people of Madagascar — During the weeks leading up to the coup of March 17 the insurgents demanded protection of their rights to assemble and demonstrate. They also condemned the existing government when state security forces fired on protesters who were vandalizing state property or threatening the presidential palace. Unfortunately, having seized power, the insurrectionists are resorting to similar tactics. On Saturday, March 28, security forces loyal to the insurrectionary leaders fired on pro-democracy demonstrators in the capital, wounding dozens. Video footage posted on the Internet has shown security forces assaulting individuals for waving Madagascar’s national flag. As pro-democracy demonstrations gather force, there is a growing danger of further attacks.

4. The intimidation of FJKM leaders — At the point when mutinous military officers acted to depose the President of Madagascar, they also detained and assaulted the leader of our partner denomination, the Church of Jesus Christ in Madagascar (FJKM). A member of the church staff was held without charge for 36 hours, during which time he was beaten severely. A number of FJKM pastors have been threatened with violence. Given President Ravalomanana’s close association with the FJKM (in which he serves as Lay Vice President), we fear that FJKM leaders may continue to be singled out for harassment. The generalized breakdown of law and order in Madagascar enhances their vulnerability to retribution with impunity.
In the light of these concerns, we urge the world community, and especially officials of the United States government, to: