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

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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