SUPPORTING THE AU'S EFFORTS TO ENSURE AN EARLY

UNCLAS STATE 035767


E.O. 12958: N/A
TAGS: AORC EAID MA
SUBJECT: SUPPORTING THE AU'S EFFORTS TO ENSURE AN EARLY
RETURN TO CONSTITUTIONAL RULE IN MADAGASCAR

REF: ANTANANARIVO 258


1. This is an action request. Please see paragraphs 2-4.


2. (U) Department requests embassies in African Union (AU)
member states demarche host governments at the highest
appropriate level to pursue objectives listed in paragraph 4.


3. (SBU) For Harare, Asmara, Khartoum, Nouakchott, Conakry:
Posts are requested not to deliver this demarche if they
determine that it would be counterproductive or unlikely to
result in any positive action.


4. (U) OBJECTIVES:

-- Express appreciation for the AU's strong stance against
the unconstitutional change of power in Madagascar.

-- Note that the U.S. fully supports the AU,s statements on
this matter, including its suspension of Madagascar for an
initial six month period, its call for early elections, its
intention to form a Contact Group to coordinate international
community action to ensure a return to constitutional rule,
and its rejection of the Rajoelina regime,s proposed October
2010 election timetable.

-- Emphasize that the U.S. considers the recent series of
events in Madagascar a military coup and as a result is
required by U.S. law to suspend all assistance programs that
directly benefit the Government of Madagascar (GOM) until a
democratically-elected government is in place.

-- Note our concern about positions of some EU member
countries who intend to continue all functioning pre-coup
programs without interruption; the upcoming EU political
dialogue with the Rajoelina regime launching on April 16 will
likely put pressure on the EU as a whole to follow suit.

-- Urge host governments to seek support from key donors to
Madagascar for an immediate return to constitutional rule in
Madagascar and the need for new, free and fair elections,
preferably within six months. It is also essential to press
key donors to support the AU position, and in particular to
do nothing that legitimizes the Rajoelina regime, including
through their assistance programs. Without coordinated
international pressure, the Rajoelina regime is unlikely to
move quickly to restore democracy.


5. (U) Department requests USAU raise the following points
with the AU,s secretariat:

-- Stress our support for the AU,s intention to form an
International Contact Group to coordinate international
community action to ensure a return to constitutional rule,
and for the AU,s rejection of the Rajoelina regime,s
proposed October 2010 election timetable. Inquire what the
USG can do to assist the Contact Group efforts.

-- Note we are demarching EU member states to urge them to do
nothing to legitimize the Rajoelina regime, including through
their assistance programs. Without coordinated international
pressure, the Rajoelina regime is unlikely to move quickly to
restore democracy.

-- Outline that we are also asking AU member states to
intervene with Madagascar,s principal donors to ensure they
do nothing to legitimize the Rajoelina regime.

-- Share our hope the people of Madagascar will take the
steps necessary to return to democratic legitimacy and be
able to continue important development activities with
international community participation.

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BACKGROUND
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6. (SBU) After several months of opposition protests, failed
negotiations, and mutiny by the military,
democratically-elected President Ravalomanana was forced to
resign from office March 17, issuing a decree that
unconstitutionally passed his powers to the highest-ranking
military officers. These officers were in turn forced by
mutinous lower-ranking military officials to transfer power
to former Mayor Andry Rajoelina via another unconstitutional
decree.


7. (SBU) Rajoelina has declared himself &President of the
High Transition Authority,8 named a cabinet, disbanded the
National Assembly and the Senate, and pledged to hold
presidential in October 2010, following a constitutional
referendum and revision of the electoral code. The AU has
called for elections within 6 months, suspended Madagascar
and warned the AU may impose sanctions if constitutional
order is not quickly restored. SADC has condemned the coup
and has not recognized Rajoelina,s government.


8. (U) The Department has determined that the recent change
of the government in Madagascar amounts to a military coup
and therefore triggers the foreign assistance provisions of
section 7008 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009. Under Section
7008, we are legally required to suspend any aid programs
that finance directly any assistance to the GOM.


9. (SBU) Although many other donors in Madagascar are still
deliberating on future of their assistance programs, several
have moved to suspend support to the GOM. The notable
exception is France, which intends to continue all
functioning pre-coup programs without interruption; with
France leading the upcoming EU political dialogue launching
April 16 with the Rajoelina transitional government, the EU
will likely be under pressure to follow suit (ref.)


10. (U) The Department greatly appreciates assistance and
engagement from post on this issue. Please report results of
the effort via front-channel cable AF/E, no later than OOB
EDT Wednesday, April 15.


11. (U) Please contact AF/E Maria Beyzerov at (202) 647-6453
or via email for any additional information required to meet
our objectives.


CLINTON