Economic and Social Development: National Pact

Written by

TITLE IV ON THE CONSOLIDATION OF SOLIDARITY AND NATIONAL UNITY IN THE NORTH OF MALI

SUB-TITLE A MEASURES TO CONSOLIDATE NATIONAL SOLIDARITY

44. As mentioned in paragraph 11 title II, the reinsertion of displaced populations and assistance to victims of all the consequences of the armed conflict in the North of Mali, will give rise to the creation of two Funds:

-a Fund for development and reinsertion,

-a Fund for assistance and compensation to victims of all the consequences of the armed conflict.

45. These two funds will be created and funded within thirty days of signature of the Pact, and will remain active for a full year. They will be managed by a bilateral commission including representatives of the Government and the Movements.

46. In order to succeed with the running of these funds, the two parties will launch a joint appeal to the generosity of the Malian Nation and an appeal for humanitarian and financial assistance to the international community.

47. A special development programme for the North of Mali will be approved for a period of ten years, and launched with two successive five-year funding tranches.

48. The purpose of this programme will be to redress the economic, social and cultural inequalities between the North of Mali and the rest of the country. It will have the further goal of improving the infrastructure in the North of Mali, in order to render the Region more attractive to investors.

49. The special development programme will be designed, and its financing planned, within six months of signature of the present Pact. The Regional and inter-regional Assemblies will make submissions to the Government on this subject.

50. The special development programme will be approved by the Government. The resources allocated will be announced as five-year amounts. These credits will be allocated in annual tranches to each of the Regional Assemblies, which will be responsible for management and execution of the programme.

51. A preferential fiscal regime will be created for the North of Mali. This will be designed so as to encourage and attract investment. It will be announced within three months of the signing of this Pact, and will remain in place for a period of ten years.

Reparations: National Pact

Written by

TITLE II ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

11. The reinsertion of displaced populations and the assistance to victims of all the consequences of the armed conflict in Northern Mali will give rise to the creation of two Funds:

-a Fund for development and reinsertion, which will support the creation of small and medium-sized industries, and small and medium-sized enterprises, and the insertion of the displaced populations into production systems,

-a Fund for assistance and compensation to civil and military victims of the two parties and their heirs, for all the consequences of the armed conflict. This Fund will compensate as a priority, victims identified by the Independent Commission of Enquiry.

Refugees: National Pact

Written by

TITLE II ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

9. A programme for the repatriation of displaced persons will be prepared before signature of the present Pact. The programme will be started within 60 days of the signing of the Pact, which is to say at the end of the execution of arrangements concerning the ceasefire described in paragraph 7 above, which reads as follows:

Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

Every effort will be made to ensure that the repatriation programme will be completed within 60 days after its launch.

10. The repatriation programme will be carried out jointly by the Government and the Movements in collaboration with the authorities of the host countries, together with friendly countries and international humanitarian organisations which will be contacted to this effect.

11. The reinsertion of displaced populations and the assistance to victims of all the consequences of the armed conflict in Northern Mali will give rise to the creation of two Funds:

-a Fund for development and reinsertion, which will support the creation of small and medium-sized industries, and small and medium-sized enterprises, and the insertion of the displaced populations into production systems,

-a Fund for assistance and compensation to civil and military victims of the two parties and their heirs, for all the consequences of the armed conflict. This Fund will compensate as a priority, victims identified by the Independent Commission of Enquiry.

A permanent mechanism will be instituted to assist military victims of the two parties and their heirs.

These two Funds will be created within thirty days of the signature of the present Pact.

TITLE VI: ON THE TIMETABLE FOR IMPLEMENTATION OF THE ARRANGEMENTS OF THIS NATIONAL RECONCILIATION PACT

67. The programme for voluntary repatriation of Northern populations displaced within the countries of the sub-region, will be launched 60 days after signature of the Pact, with the assistance of the host countries as well as of friendly countries and international humanitarian organisations, and in coordination between the State and the Movements. This programme shall be completed within 60 days with the assistance for reinsertion provided from the Funds cited in paragraph 68 above. During this period, assistance will also be provided to persons displaced within the country and who have suffered because of the conflict.

Disarmament: National Pact

Written by

TITLE II ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

7. Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

A -Within the framework of measures for restoring confidence, eliminating factors of insecurity, and the installation of a permanent state of security:

-all the combatants of the Unified Movements and Fronts of Azawad will be integrated into the various uniformed forces of the State, on an individual and voluntary basis and in accordance with criteria for assessing competence,

-special units of the armed forces will be created for one year, composed mainly of integrated combatants from the Unified Movements and Fronts of Azawad,

-an internal security corps will be instituted {Gendarmerie, Goum Guards, Police} composed of all sections of the local populations including integrated combatants from the Unified Movements and Fronts of Azawad, which will be provided to local authorities within their police powers,

-special units of the army will be created, open to all sections of the local populations, whose mission will be limited to the preservation of the integrity and external security of the country’s frontiers.

Those dispositions which refer to the integration of all the combatants and members of the Movements and Fronts mentioned above, are contingent upon the return of the latter with their arms. This operation will be carried out in conjunction with the Ceasefire Commission;

The security and physical protection of the re-integrated combatants and members of the Movements and Fronts, as well as that of the repatriated displaced populations, will be entirely guaranteed;

Demobilization: National Pact

Written by

TITLE II ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

7. Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

A -Within the framework of measures for restoring confidence, eliminating factors of insecurity, and the installation of a permanent state of security:

-all the combatants of the Unified Movements and Fronts of Azawad will be integrated into the various uniformed forces of the State, on an individual and voluntary basis and in accordance with criteria for assessing competence,

-special units of the armed forces will be created for one year, composed mainly of integrated combatants from the Unified Movements and Fronts of Azawad,

-an internal security corps will be instituted {Gendarmerie, Goum Guards, Police} composed of all sections of the local populations including integrated combatants from the Unified Movements and Fronts of Azawad, which will be provided to local authorities within their police powers,

-special units of the army will be created, open to all sections of the local populations, whose mission will be limited to the preservation of the integrity and external security of the country’s frontiers.

Those dispositions which refer to the integration of all the combatants and members of the Movements and Fronts mentioned above, are contingent upon the return of the latter with their arms. This operation will be carried out in conjunction with the Ceasefire Commission;

The security and physical protection of the re-integrated combatants and members of the Movements and Fronts, as well as that of the repatriated displaced populations, will be entirely guaranteed;

Police Reform: National Pact

Written by

OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

8. Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

A -Within the framework of measures for restoring confidence, eliminating factors of insecurity, and the installation of a permanent state of security:

-all the combatants of the Unified Movements and Fronts of Azawad will be integrated into the various uniformed forces of the State, on an individual and voluntary basis and in accordance with criteria for assessing competence,

-special units of the armed forces will be created for one year, composed mainly of integrated combatants from the Unified Movements and Fronts of Azawad,

-an internal security corps will be instituted {Gendarmerie, Goum Guards, Police} composed of all sections of the local populations including integrated combatants from the Unified Movements and Fronts of Azawad, which will be provided to local authorities within their police powers,

Military Reform: National Pact

Written by

TITLE II

ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

7. Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

A -Within the framework of measures for restoring confidence, eliminating factors of insecurity, and the installation of a permanent state of security:

-all the combatants of the Unified Movements and Fronts of Azawad will be integrated into the various uniformed forces of the State, on an individual and voluntary basis and in accordance with criteria for assessing competence,

-special units of the armed forces will be created for one year, composed mainly of integrated combatants from the Unified Movements and Fronts of Azawad,

-an internal security corps will be instituted {Gendarmerie, Goum Guards, Police} composed of all sections of the local populations including integrated combatants from the Unified Movements and Fronts of Azawad, which will be provided to local authorities within their police powers,

-special units of the army will be created, open to all sections of the local populations, whose mission will be limited to the preservation of the integrity and external security of the country’s frontiers.

Those dispositions which refer to the integration of all the combatants and members of the Movements and Fronts mentioned above, are contingent upon the return of the latter with their arms. This operation will be carried out in conjunction with the Ceasefire Commission;

The security and physical protection of the re-integrated combatants and members of the Movements and Fronts, as well as that of the repatriated displaced populations, will be entirely guaranteed;

B -In addition, and in the same spirit of restoring confidence, eliminating factors of insecurity and installing an atmosphere of permanent security, there will be a substantial, gradual and appropriate reduction of the armed forces presently in the North, leading to the withdrawal of the majority. This operation will be carried out in accordance with:

-the final ending of hostilities, according to the ceasefire determined in paragraph 5 above,

-the organisation of the security mechanisms and arrangements described in paragraph 7.A above,

-the redefinition of the objectives of the national army charged with future national defence: this implies a broad redeployment programme involving military installations and bases outside the urban areas, pastures and grazing areas as well as the transformation of certain army installations into centres and schools for military or para-military training, and the use of some redundant barrack facilities as centres for professional training.

Dispute Resolution Committee: National Pact

Written by

TITLE III: SPECIAL STATUS OF THE NORTH OF MALI

15. In accordance with the decision reached between the two parties at the Mopti Conference in December 1991, confirmed in their Algiers meeting of January 1992 and repeated at their meeting in March, the Independent Commission of Enquiry will be set up in Mopti within 15 days after signature of the Pact.

16. In case the two parties should not have been able to agree within the period specified in the previous paragraph, on the full composition of the Independent Commission of Enquiry, the Commission for Supervision of the Pact -whose creation is included in the present document -meeting under the Chairmanship of the Mediator at the end of the first month after the signing of this Pact, will consider the question and will search out ways and means to overcome this difficulty so that the Independent Commission of Enquiry may be able to function within the terms agreed between the two parties and recorded in the paragraph below.

TITLE VII: ON GUARANTEES FOR THE IMPLEMENTATION OF THE PACT

81. In order to avoid any misunderstanding concerning the sincere and loyal implementation of the present Pact, and in addition to the Ceasefire Commission described under Title II paragraph 8, the two parties have decided to install a Commission for Supervision and Implementation of the Pact.

82. The said Commission shall be installed within 15 days after the signature of the Agreement, and will carry out its task for one year. The Commission for Supervision shall be permanently composed of the representatives of the two parties, in the number of four from each side. The permanent chairmanship shall be held by each of the two parties, alternating monthly, with the first chairmanship falling to the party of the Unified Movements and Fronts of the Azawad.

83. The Commission for Supervision shall hold special sessions in the presence of and under the chairmanship of the Mediator who shall designate representatives to the Commission. These sessions will examine and resolve any problems which may arise, linked to the implementation of the present Pact. They shall be convened at the end of the second and third months following signature of the Agreement, and again at the end of the second trimester, and at the end of the second semester following the signature. These sessions shall give rise to official Minutes and to Press Releases.

83 bis As agreed during their meeting in Algiers, during which the two parties announced their intention to consult with their constituents concerning the Agreement reached, the two parties confirm that these consultations have taken place.

Truth or Reconciliation Mechanism: National Pact

Written by

NATIONAL PACT

12. In accordance with the decision reached between the two parties at the Mopti Conference in December 1991, confirmed in their Algiers meeting of January 1992 and repeated at their meeting in March, the Independent Commission of Enquiry will be set up in Mopti within 15 days after signature of the Pact.

13. In case the two parties should not have been able to agree within the period specified in the previous paragraph, on the full composition of the Independent Commission of Enquiry, the Commission for Supervision of the Pact -whose creation is included in the present document -meeting under the Chairmanship of the Mediator at the end of the first month after the signing of this Pact, will consider the question and will search out ways and means to overcome this difficulty so that the Independent Commission of Enquiry may be able to function within the terms agreed between the two parties and recorded in the paragraph below.

14. The Independent Commission of Enquiry will work according to the arrangements decided by the two parties which are as follows:

MANDATE OF THE COMMISSION:

The Independent Commission of Enquiry will enquire into all the events which have taken place in Mali with relation to the problems of the North, specifically: crimes committed against the civil populations in their physical and moral persons as well as their properties, violations of the environment and destruction of livestock, theft, pillage and every act of vandalism and damage. The Commission will work to define the responsibility for such acts, their consequences, to evaluate the damages and compensations due to victims.

ORGANISATION. OF THE COMMISSION:

A -The Commission shall be composed as follows:

-five (5) representatives of the Government of the Republic of Mali,

-five (5) representatives of the Unified Movements and Fronts of Azawad,

-a maximum of seven (7) and a minimum of five (5) independent experts, chosen by common accord by the two parties from the following countries, there being just one expert by nationality: Algeria, Burkina-Faso, France, Libya, Mauritania, Niger, Senegal;

B -the two parties will determine the names of the members of this Commission during their next meeting;

C -the Commission will be Chaired by an independent expert elected by his peers;

D -the Commission will begin its work within three weeks after its installation;

E -the functioning’ costs of the Commission will be covered by the Government of the Republic of Mali: the latter ‘will also do everything to facilitate the Commission’s tasks through its full administrative and material cooperation.

The two parties commit themselves to ensure that the necessary conditions of security are achieved to allow the Commission to function.

FUNCTIONING OF THE COMMISSION

A -the Commission will carry out its mandate independently and impartially;

B -the members of the Commission will be granted immunity. This immunity shall be extended to any person the Commission decides to hear, within the framework of their testimony;

C -the Commission will take decisions by simple majority, the President’s vote serving to determine the majority in case of stalemate;

D -the Commission will establish its own rules and will organise its own work;

E -the Commission’s conclusions shall be made known within three months after it begins work. If need be, this deadline may be extended by common accord between the two parties, and at the request of the Commission;

F -the deliberations and the report of the Commission shall be confidential;

G -the report of the Commission shall be addressed to the President of the Republic of Mali, and copies shall be sent to the Unified Movements and Fronts of Azawad, and to the Mediator.

IMPLEMENTATION OF THE CONCLUSIONS OF THE COMMISSION

A -the two parties commit themselves to respect the decisions and recommendations of the Commission;

B -the Malian State commits itself to refer to the appropriate judicial and other authorities for execution, the decisions and recommendations of the Commission, within 45 days of the report being submitted to the President of the Republic of Mali.

Civil Administration Reform: National Pact

Written by

SUB-TITLE B

MEASURES TO CONSOLIDATE NATIONAL UNITY

53. Furthermore, and in the same spirit, the Government will make an effort while taking account of the qualifications required – to integrate officials from the Movements and people from among the populations of Northern Mali, into the various organs of the public and semi-public services.

This measure, which shall be executed within two months of the signing of the Pact, is also aimed at consolidating the spirit of reconciliation and reinforcing confidence, and will help to ensure a fair representation of the populations of each Region inside the State apparatus.