SUSPENDED PARLEMENT APPEALS FOR INTERNATIONAL SUPPORT

UNCLAS SECTION 01 OF 02 ANTANANARIVO 000218 SENSITIVE SIPDIS STATE FOR AF/E-MBEYZEROV E.O. 12958: N/A TAGS: PGOV MA SUBJECT: SUSPENDED PARLEMENT APPEALS FOR INTERNATIONAL SUPPORT ¶1. (SBU) SUMMARY: Members of the "suspended" Malagasy parliament - almost all belonging to Ravalomanana's TIM party -- published a statement Thursday condemning the recent coup d'etat, denying that Marc Ravalomanana resigned willingly, and calling on the international community to help restore and protect constitutional order in Madagascar. Four TIM-party members of parliament met with the DCM March 25 and one more met on March 26 with the ambassador to reinforce this message, and to discuss their plans to push for a return to constitutional order before holding national dialogue. Some have highly unrealistic expectations, such as calling for UN peacekeepers, about the outside world's willingness to intervene here. END SUMMARY. ¶2. (SBU) The delegation that met with the DCM and poloff March 25 consisted of four members of the legislature. They advised that they and eighty percent of their colleagues support the petition that follows (para 4),and that they were meeting with almost all diplomatic missions in Madagascar to discuss the situation. They had hesitation as to whether they would meet with the French, widely perceived as complicit in recent events. Noting that they were all being intimidated by menacing phone calls and suspension of their privileges and salaries, they stressed that they feel a national reconciliation conference of some sort must happen eventually, while expressing reservations that the date announced for April 2-3 was too soon and that in the current climate of intimidation, a fair and truly representative national meeting would be impossible. They further advised that they would be attending the pro-Ravalomanana/anti-Rajoelina rallies that began two days ago and that these would grow, and shortly begin in other cities. The DCM advised that the US would continue to call for National Reconciliation and a return to constitutional government as soon as possible. The meeting concluded with a request that the visitors keep in touch and share their plans with the Embassy as they evolve. ¶3. (SBU) On March 26 the ambassador received the number two official in the national assembly. His highly unrealistic proposal consisted of the following: UN peacekeepers or SADC troops come and restore order; their presence will provide assurances allowing the High Court to revise its unconstitutional decisions of last week; the parliament (now suspended but somehow reconvened) will meet and determine the temporary vacancy in the presidency; this will allow the President of the Senate to assume his constitutional role as interim president; CAPSAT soldiers will be motivated by the presence of foreign troops in Madagascar to disarm and rejoin the regular army; and Marc Ravalomanana will be able to return as the duly elected president. The ambassador suggested that this scenario is not realistic and asked him why the current leadership would agree to any of it. ¶4. (U) Below is complete translation of the announcement. BEGIN TRANSLATED TEXT: Call of The Association Of Madagascar's Senators And Members Of Parliament To The Pan-African Parliament, the European Parliament, the Acp-Eu Joint Assembly, all chanceries and diplomatic representations in Madagascar, the international community, and Malagasy citizens; Considering that the political crisis that rages in Madagascar experiences a new tension after the inauguration of Mr. Andry Rajoelina at the head of the State High Authority through a disguised coup regardless the constitutional and legal provisions in force, Considering that some erring ways really happened as regards the Constitution by the President of Republic who, under threat of constant death by the rebels, was obliged to transfer, through a decree, the full powers to a Military Directorate, Noticing also that, under the same pressures, the said Military Directorate whose members were not yet appointed by name, transferred in turn the same powers to Mr. Andry Rajoelina, Considering however that, not having yet the said full powers, as not also being named, the three generals supposed to be members of the said Directorate could not therefore transmit them, being kidnapped in public, and confined illegally, Considering that the members of the High Constitutional Court, under the same threat, endorsed the said decrees of transfer and gave the full powers to Mr. Andry Rajoelina, Considering that the said HAT (Transition High Authority) made the decision to suspend the National Assembly and the Senate through a decree made well ahead of the public inauguration of Mr. Andry Rajoelina, Considering that despite all these extra-constitutional measures, by ANTANANARI 00000218 002 OF 002 means of the temporary impeachment, in accordance with the provisions of the article 50 of the Constitution, Considering that if the procedure provided for by the article 50 is followed to the letter, it is the High Constitutional Court to declare the temporary impeachment of the President of Republic, and consequently, lift this impeachment, Considering that when the High Constitutional Court would declared the temporary impeachment, it is its responsibility to proceed to the vacancy report allowing the President of the Senate to exercise rightfully the functions of the President of Republic, temporarily, until the lifting of the impeachment, in accordance with the provisions of the two last paragraphs of the article 52 of the Constitution, Considering under those conditions that the fact to oblige the President of Republic, under death threat, by attacking the Presidential Palace of Iavoloha on March 17, 2009 AT 6:00 p.m. well ahead of the transfer of full powers by the generals, confined illegally at that time, to Mr. Andry Rajoelina, constitutes as a matter of fact a grounds for impeachment, so as to force the President of Republic to dismiss himself from his post, Considering that the reaction of the Malagasy population is immediately demonstrated at the Square of Democracy, from Saturday, March 21, 2009, date of inauguration of the President of the HAT, thus showing that legitimacy and legality are particularly in the camp of the supporters of the President of Republic, Considering that the two Assemblies, following a transfer of full powers, marred by illegality, cannot be suspended and should always be considered as working: ON THESE GROUNDS, Calls out the Pan-African Parliament, European Parliament, ACP-EU Joint Assembly, all Chanceries and Diplomatic Representations in Madagascar, International Community and Malagasy citizens to: 1) Take note of the motives put forward, 2) Consider the two Assemblies as always working, 3) See to the strict respect of the procedure rules enacted by the article 50 of the Constitution, 4) Make sure that the members of the High Constitutional Court, to whom the declaration of temporary impeachment of the President of Republic, be safe, 5) Preserve the constitutional order, once restored. For the Association of Malagasy Senators and Members of Parliament The Crisis Commission END TRANSLATED TEXT MARQUARDT