On Madagascar, UN Rejected Views of Jailed Ravalomanana, Free Speech?

By Matthew Russell Lee

UNITED NATIONS, October 17 -- While today's UN says it believes in freedom of speech, including political speech, and non interference in the internal politics of states, its approach is selective.

 On October 16, Secretary General Ban Ki-moon "rejected remarks made by former President of Madagascar, Marc Ravalomanana, challenging the legitimacy of his country's democratic institutions."

 On October 17, Inner City Press asked Ban's spokesman Stephane Dujarric if Ban was aware that Ravalomanana has been arrested, his family banned from traveling to the capital, while his statement has a colorable basis in fact and history. Video here and embedded below.

  Mightn't Andry "DJ" Rajoelina’s declaration of support for Hery Rajaonarimampianina in November 2013 and his campaigning for Rajaonarimampianina constitute a violation of the SADC Road-map?  Why from afar condemn the free speech questioning of the current government of Madagascar full legitimacy?

   Dujarric simply reiterated the statement, not responding on the arrest or travel ban, saying there might be a further answer. But by close of business there was none. This is today's UN.

   Back on May 13, 2013, amid growing controversy in and about Madagascar, at the UN noon briefing, Inner City Press asked Secretary General Ban Ki-moon's then-spokesman Martin Nesirky:

Inner City Press: On the Madagascar question, is, is, there has been since I last asked this, the SADC (Southern African Development Community) has come out and said that three candidates, they are encouraged to withdraw their candidacies, saying they are not consistent with the road map. This is Mr. [Andry] Rajoelina, also Lalao Ravalomanana and another candidate. And so, one, I wanted to know if there is a UN response to that, but two, since Ms. Ravalomanana is being barred for having been out of the country, and this was a forced exile by the Government, I am wondering whether the UN has any view on forced exile, that being used as a basis to bar a candidate from running.

Spokesperson Nesirky: We can check for you on that, Matthew. I don’t have anything right now.

  But it was not until Wednesday, 47 hours after the question, that a response arrived. But the UN response did, deferring to SADC, take or adopt a position:

Subject: Your question on Madagascar
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Wed, May 15, 2013 at 11:13 AM
To: Matthew.Lee [at] innercitypress.com

In response to your questions at the noon briefing concerning Madagascar, the Spokesperson can say the following:

The United Nations is supporting the Southern African Development Community's (SADC's) mediation efforts to ensure a peaceful transition in Madagascar, and what SADC has urged is that President Rajoelina, the former first lady, Lalao Ravalomanana, and former President Didier Ratsiraka all consider withdrawing their candidatures to ensure the peaceful conduct of the elections and stability in Madagascar.

  With this answer, the UN takes a position if only indirectly on forced exile: it's fine, or at least can legitimately be used, in the UN's view, to encourage a candidate to withdrawn.

  Now on May 20, Ban Ki-moon has put out this statement:

Statement attributable to the Spokesperson for the Secretary-General on Madagascar

The Secretary General shares the concerns expressed by the Southern African Development Community (SADC) and the African Union over the latest developments in the electoral process in Madagascar. The presentation of candidate nomination papers by Transition President Andry Rajoelina, Mrs. Lalao Ravalomanana and former President Didier Ratsiraka, and the decision of the Special Electoral Court to endorse those candidatures, is in violation of the spirit of the SADC-mediated Road Map.

United Nations assistance to the electoral process is conditional upon strict adherence by all parties to the Road Map as the sole framework for a restoration of the full legitimacy of the Government of Madagascar.

The Secretary General calls on all stakeholders to comply with the SADC Organ Troika and the African Union Peace and Security Council decisions, so that elections can take place in accordance with the calendar prepared by the Independent National Electoral Commission for the Transition and endorsed by the United Nations.

New York, 20 May 2013

  Lalao Ravalomanana returned to her country on July 27, 2012, but was promptly kicked out of the country by armed security forces.

  The Universal Declaration of Human Rights includes the right to return to one’s country as a basic human right. So to maintain, as France and SADC -- and now the UN -- do, that Mrs. Ravalomanana’s candidacy is not legitimate is to condone forced exile as a means for preventing someone from taking part in the political life of their nation.

After the CES decided on May 3 that Lalao Ravalomanana is officially a candidate, France announced on May 6 its “deception” on learning that the CES accepted Lalao Ravalomanana’s candidature.

  Inner City Press had asked, What is the UN’s position regarding Mrs. Ravalomanana’s forced exile in July 2012? Does the UN consider forced exile to be a legitimate reason for barring a person from being a candidate for election in his or her country? And that question has apparently been answered. Watch this site.

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On Madagascar, UN Calls for Withdrawal of Rajoelina AND Lalao Ravalomanana: So, Forced Exile OK?

By Matthew Russell Lee

UNITED NATIONS, May 16 -- Amid growing controversy in and about Madagascar, at the UN noon briefing on May 13, Inner City Press asked Secretary General Ban Ki-moon's spokesman Martin Nesirky:

Inner City Press: On the Madagascar question, is, is, there has been since I last asked this, the SADC (Southern African Development Community) has come out and said that three candidates, they are encouraged to withdraw their candidacies, saying they are not consistent with the road map. This is Mr. [Andry] Rajoelina, also Lalao Ravalomanana and another candidate. And so, one, I wanted to know if there is a UN response to that, but two, since Ms. Ravalomanana is being barred for having been out of the country, and this was a forced exile by the Government, I am wondering whether the UN has any view on forced exile, that being used as a basis to bar a candidate from running.

Spokesperson Nesirky: We can check for you on that, Matthew. I don’t have anything right now.

  That exchange took place at Monday's noon briefing, and three hours later Inner City Press was again told that it was being looked into. But it was not until Wednesday, 47 hours after the question, that a response arrived. But the UN response did, deferring to SADC, take or adopt a position:

Subject: Your question on Madagascar
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Wed, May 15, 2013 at 11:13 AM
To: Matthew.Lee [at] innercitypress.com

In response to your questions at the noon briefing concerning Madagascar, the Spokesperson can say the following:

The United Nations is supporting the Southern African Development Community's (SADC's) mediation efforts to ensure a peaceful transition in Madagascar, and what SADC has urged is that President Rajoelina, the former first lady, Lalao Ravalomanana, and former President Didier Ratsiraka all consider withdrawing their candidatures to ensure the peaceful conduct of the elections and stability in Madagascar.

  With this answer, the UN takes a position if only indirectly on forced exile: it's fine, or at least can legitimately be used, in the UN's view, to encourage a candidate to withdrawn.

  Lalao Ravalomanana returned to her country on July 27, 2012, but was promptly kicked out of the country by armed security forces.

  The Universal Declaration of Human Rights includes the right to return to one’s country as a basic human right. So to maintain, as France and SADC -- and now the UN -- do, that Mrs. Ravalomanana’s candidacy is not legitimate is to condone forced exile as a means for preventing someone from taking part in the political life of their nation.

After the CES decided on May 3 that Lalao Ravalomanana is officially a candidate, France announced on May 6 its“deception” on learning that the CES accepted Lalao Ravalomanana’s candidature.

  Inner City Press had asked, What is the UN’s position regarding Mrs. Ravalomanana’s forced exile in July 2012? Does the UN consider forced exile to be a legitimate reason for barring a person from being a candidate for election in his or her country? And that question has apparently been answered. Watch this site.

Are Forced Exile, Madagascar & French Influence Not on UN Map?

By Matthew Russell Lee

UNITED NATIONS, May 14 -- There was a time that Madagascar was important to the UN, at least enough so to be included in the so-called horizon briefings by the UN Secretariat to the Security Council.

But these days, amid growing controversy in and about Madagascar, the UN has little to say, and says it late. At the noon briefing on May 13, Inner City Press asked Secretary General Ban Ki-moon's spokesman Martin Nesirky:

Inner City Press: On the Madagascar question, is, is, there has been since I last asked this, the SADC (Southern African Development Community) has come out and said that three candidates, they are encouragedto withdraw their candidacies, saying they are not consistent with the road map. This is Mr. [Andry] Rajoelina, also Lalao Ravalomanana and another candidate. And so, one, I wanted to know if there is a UN response to that, but two, since Ms. Ravalomanana is being barred for having been out of the country, and this was a forced exile by the Government, I am wondering whether the UN has any view on forced exile, that being used as a basis to bar a candidate from running.

Spokesperson Nesirky: We can check for you on that, Matthew. I don’t have anything right now.

  This exchange took place at Monday's noon briefing (video here, from Minute 22:15), and three hours later Inner City Press was again told that it was being looked into. And perhaps there is already an answer. But none has yet been provided to Inner City Press, as of Tuesday morning.

  And so we'll report: the third candidate mentioned is Didier Ratsiraka. For Rajoelina, the criticism is that he filed his candidacy papers after the 28 April deadline but was nevertheless approved by the Special Electoral Court (CES). He also broke the pledge he made in January 2013 to not be a candidate.

  For Lalao Ravalomanana, who filed her candidacy papers on April 25, the UN told Inner City Press on April 29, “It is up to the Special Electoral Court, which is in charge of receiving electoral disputes and proclaiming the final results of the presidential and legislative elections, to decide on the validity and qualifications of all prospective candidates”. Similarly, SADC mediator Joaquim Chissano said on May 2 that Lalao Ravalomanana’s candidature “is a matter to be seen by the Special Electoral Court."

  But after the CES decided on May 3 that Lalao Ravalomanana is officially a candidate, France announced on May 6 its “deception” on learning that the CES accepted Lalao Ravalomanana’s candidature.

In its May 10 communiqué, SADC “expressed grave concern on the decision of the Special Electoral Court to endorse illegitimate candidatures for the forthcoming Presidential elections in violation of the Malagasy Constitution and the Electoral Law.”

  The CES defended its decision to accept the legitimacy of Lalao Ravalomanana’s candidature by saying that her absence from Madagascar resulted from circumstances and events independent of her will that prevented her from enjoying her right to return to her country, despite repeated expression of her desire to return.

  In fact, Lalao Ravalomanana returned to her country on July 27, 2012, but was promptly kicked out of the country by armed security forces.

  The SADC roadmap requires that all political exiles be allowed “to return to the country unconditionally”. The Universal Declaration of Human Rights includes the right to return to one’s country as a basic human right. So to maintain, as France and SADC do, that Mrs. Ravalomanana’s candidacy is not legitimate is to condone forced exile as a means for preventing someone from taking part in the political life of their nation.

And so, again: What is the UN’s position regarding Mrs. Ravalomanana’s forced exile in July 2012? Does the UN consider forced exile to be a legitimate reason for barring a person from being a candidate for election in his or her country?

Watch this site.

Banning Democracy? In Madagascar, Rajoelina's Run Violates Road Map, But UN Tells Inner City Press It's Merely Watching

By Matthew Russell Lee

UNITED NATIONS, May 3 -- Following up on its previous questions about Madagascar and the UN's seeming lack of concern about restrictions on political speech and failure to comply with the SADC "road map," Inner City Press on May 3 asked the UN:

Inner City Press: Today was the deadline for candidates to step forward in the elections. It turns out Mr. [Andry] Rajoelina has announced that he is running, which breaks a promise and, some say, breaks the road map. He has also denounced the candidacy of Lalao Ravalomanana. So, I am wondering: is the UN following this, as the last response you sent me said that the road map is being complied with, that there are, there are various ways, including Mr. Rajoelina expressing an opinion and now running, that the road map is not being followed; it seems to, some is not being followed. Is there any response from the UN today?

Spokesperson: We’ll check with DPA, with the Department of Political Affairs.

Some nine hours later, the UN sent Inner City Press this response:

Subject: Your question on Madagascar
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Fri, May 3, 2013 at 9:16 P
To: Matthew.Lee [at] innercitypress.com

We can say the following in response to your question at the noon briefing:

The United Nations has learned today of Mr. Rajoelina's intention to run in the election. We are following developments in Madagascar very closely and are concerned about any action that could derail the progress made in the efforts to conduct peaceful and credible elections in the country. The Southern African Development Community (SADC) is in the lead and their mediation team is currently in Madagascar. The United Nations will continue to work with the regional leaders and the African Union to help Madagascar address whatever problems may emerge.

  But even before Rajoelina made his move, here were some of the problems:

  First, on April 29, UN spokesperson Martin Nesirky wrote to Inner City Press that “The Malagasy authorities have been complying with the 2011 SADC Road map”. However, there are many ways that the Road map has not been complied with. 

  The most obvious is the conditions that were put on Mrs. Lalao Ravalomanana in order for her to be able to return to her country. According to the agreement, Lalao Ravalomanana was forced to “refrain from making political statements and organize political rallies” in exchange for being allowed to return to her country to see her mother in hospital. This is proof that Transitional president Andry Rajoelina is not complying with Article 20 of the roadmap which states that political exiles will be allowed to return home unconditionally...

  The UN has a record of support for Rajoelina dating back to before the Rajoelina’s coup d’état was finalized. While the coup was in progress, the UN special envoy publicly voiced support for the provision of diplomatic protection for Rajoelina. Just a year ago, the UN collaborated with Rajoelina’s minister of communication to celebrate World Press Freedom Day, even as the minister was criticized for detaining journalists.

Ah, World Press Freedom Day at the UN... We'll have more on this.

On Madagascar, Ban Ki-moon's UN Answers But Seems to Condone Censorship

By Matthew Russell Lee

UNITED NATIONS, April 29 -- You might think that the UN would have something to say when a country bans a political figure from “making any political statement or participating in any political rally” But you'd be wrong.

On April 26 at noon, Inner City Press asked Secretary General Ban Ki-moon's spokesman Martin Nesirky about Madagascar:

Inner City Press: About Lalao Ravalomanana, the wife of the Marc Ravalomanana, she returned to the country in March, apparently she was asked to commit to the Government of [Andry] Rajoelina that she wouldn’t make any political statements as a condition of returning and visiting her ailing mother. Now, she is announcing that she is going to run for President, so a lot of people saying, since the UN has had some involvement in this, what did the UN think of this condition on her return, and do they believe that she has an absolute right to make political statements and to run for office? What’s their position on this growing crisis as some call it?

Spokesperson Nesirky: I’ll check. I don’t think we have any immediate position on that, but I’ll certainly check for you, Matthew.

  Seventy two hours later there was no response. As noted, it wasn't that the Department of Political Affairs did not work -- as Inner City Press reported, DPA met on April 26 with the Western European and Other Group, which then met with Qatar about its Syria resolution. (Spoiler alert: WEOG sources tell Inner City Press they demanded changes to an Operative Paragraph.) But there no response from DPA or Ban's office.

  Until the afternoon of April 29. Then, the UN sent Inner City Press this response:

Subject: Your question on Madagascar
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Mon, Apr 29, 2013 at 3:31 PM
To: Matthew.Lee [at] innercitypress.com

Regarding your question from last week on Madagascar: It is up to the Special Electoral Court, which is in charge of receiving electoral disputes and proclaiming the final results of the presidential and legislative elections, to decide on the validity and qualifications of all prospective candidates. The court has been established by the Malagasy authorities. The Court has been receiving candidatures for the forthcoming presidential elections since 8 April 2013 and the deadline for the submission of candidates expired on 28 April. The Malagasy authorities have been complying with the 2011 SADC Roadmap.

Tellingly, there is nothing on freedom of speech, of assembly or of expression. But as to the Special Electoral Court, which is slated on May 3 to decide on all 48 people who have submitted applications to be candidates for president.

The head of the Special Electoral Court, Jean-Michel Rajaonarivony, was head of the High Constitutional Court (HCC) when this court approved the power transfer to Andry Rajoelina in March 2009, thus officializing Rajoelina’s Coup d’Etat. We learn from Wikileaks that in officializing the transfer of power to Rajoelina, “The High Court (HCC) told SADC [Southern African Development Community] that it deliberately took a political decision … when it falsely declared the March 17 decrees to be constitutional”.

As head of the HCC, Jean-Michel Rajaonarivony also approved the constitution that was voted on in a referendum in November 2010 and put into practice in December 2010:“neither the opposition nor most of the international community recognized the constitution due to considerable irregularities both in its drafting and in the conduct of the referendum”

So in March 2009 Jean-Michel Rajaonarivony ignored his mandate to uphold the Constitution when he approved transferring power to Andry Rajoelina for political reasons. As for the November 2010 constitutional referendum, he decided that international standards for free and fair elections were not necessary in order to do what Rajoelina wanted.France, for its part, supported the 2010 constitution by saying it “is a political reality that the international community must take into consideration”

Lalao Ravalomanana and former president Didier Ratsiraka are two potential candidates for president who on the surface do not seem to meet the requirement that candidates reside in Madagascar for 6 months prior to the election. Lalao Ravalomanana is arguing that she returned in July 2012, but was kicked out manu-militari by the Rajoelina security forces in a way that violated her human right to return to her country. The UN condoned her forced exile by keeping silent about this incident.

What is the UN becoming? We'll have more on this.

On Madagascar, Feltman Says UN Only Favors Voting Change If By Consensus

By Matthew Russell Lee

 

UNITED NATIONS, February 8 -- Days after the UN refused Inner City Press' request for a read-out of Secretary General Ban Ki-moon's February 4 meeting with Madagascar's Andrei Rajoelina (click here for photo op video), Ban's political affairs chief Jeffrey Feltman held a press conference.

  Inner City Press asked Feltman what the UN thought of Rajoelina moving the presidential election back, seemingly into July, and perhaps running to hold the prime minister spot until re-running for president in 2018. Video here from Minute 40:16.

  Feltman replied that it's “important that any change in the current arrangement be done by consensus...We in the UN have stated we want to see elections take place on time. 

There was a generally accepted order for those election to take place, that's the way to go, unless there is a clear consensus to change that." Video here, from Minute 42:43.

  So is that what Ban Ki-moon told Rajoelina in the meeting? Ban's spokesman Martin Nesirky told Inner City Press there would be no read-out, and not to read into that. How not?

 Inner City Press asked Nesirky:

Question:  Yeah, Madagascar, I wanted to ask, I, probably I should have asked this before, but it seems like a good day to ask it, is the current president, Rajoelina, he blocked the wife of the former deposed president, [Marc] Ravalomanana, from coming back and, and that was something that she seemed to have a right to come back, many people say it may be an attempt by the current transitional president to remain on either as a prime minister or otherwise.  So, I wanted to know, without pre-judging what will be said this afternoon, what is the UN’s position on the blocking of the wife of the deposed president from returning to the country, and to the possible switch in 8 May* elections from presidential to parliamentary?

Spokesperson Martin Nesriky:  I think we’d have to wait to see what comes out of the meeting to be able to brief you on what happens in that meeting, which is later this afternoon.  I don’t have anything specific on the return question; I’d have to check further.

   But four days after the meeting, no read-out has been issued. Nor any any answer been given on "the return question" or the other questions set out in Inner City Press February 3 piece on Madagasar.

  Back in May 2012, the UN was partnering with Rajoelina's Ministry of Communication to celebrate World Press Freedom Day in Madagascar. On this same day Reporters without Borders directly criticized the Minister of Communication for threatening to shut down Radio Free FM and for his part in the detention of 2 Free FM journalists.

  Then after evidence of abuse including gang rape and the burning of twenty-some villages in southern Madagascar emerged, the transitional prime minister -- whose place Rajoelina now reportedly seeks to take until he runs again in 2018 -- said an investigation would be launched. But has it?

  Sources tell Inner City Press that Rajoelina's agenda may be to seek Ban's support to change the order of elections to have legislative elections happen on May 8 rather than presidential elections.

  Now that Rajoelina has given in to pressure and declared himself out of the running for president, there is public speculation that he wants to set up a stand-in to run for president in 2013 with Rajoelina as Prime Minister, then Rajoelina runs for president in 2018. Rajoelina has already declared his candidacy for 2018.

   France has publicly stated that it may support a candidate in Madagascar’s upcoming presidential election ("si nous encourageons une candidature, ce sera aussi discrètement que possible").

 Perhaps as part of this support, the new French ambassador recently declared that ousted-president Ravalomanana should not be allowed to return to his country before the election.

 
  So France favors forced exile counter to Article 20 of the SADC roadmap for a way out of the crisis which states that Ravalomanana should be allowed to return to his country unconditionally. Vive la France. Regardez cette site.

As Ban Meets Rajoelina, No Follow Through on Security Abuse, Press Freedom

By Matthew Russell Lee

UNITED NATIONS, February 3 -- With Secretary General Ban Ki-moon slated to meet Madagascar's Andrei Rajoelina tomorrow afternoon, his UN's silence on attacks on the press and security forces' abuse in southern Madagascar speaks volumes.

  Back in May 2012, the UN was partnering with Rajoelina's Ministry of Communication to celebrate World Press Freedom Day in Madagascar. On this same day Reporters without Borders directly criticized the Minister of Communication for threatening to shut down Radio Free FM and for his part in the detention of 2 Free FM journalists.

  Then after evidence of abuse including gang rape and the burning of twenty-some villages in southern Madagascar emerged, the transitional prime minister -- whose place Rajoelina now reportedly seeks to take until he runs again in 2018 -- said an investigation would be launched. But has it?

 Sources tell Inner City Press that Rajoelina's agenda may be to seek Ban's support to change the order of elections to have legislative elections happen on May 8 rather than presidential elections. 

 Now that Rajoelina has given in to pressure and declared himself out of the running for president, there is public speculation that he wants to set up a stand-in to run for president in 2013 with Rajoelina as Prime Minister, then Rajoelina runs for president in 2018. Rajoelina has already declared his candidacy for 2018.

   France has publicly stated that it may support a candidate in Madagascar’s upcoming presidential election ("si nous encourageons une candidature, ce sera aussi discrètement que possible"). 

  Perhaps as part of this support, the new French ambassador recently declared that ousted-president Ravalomanana should not be allowed to return to his country before the election. 

  So France favors forced exile counter to Article 20 of the SADC roadmap for a way out of the crisis which states that Ravalomanana should be allowed to return to his country unconditionally. Vive la France.

  The UN's related laxity on press freedom and follow through on public commitments to investigations is become more and more pervasive. 

  Ban's chief of peacekeeping Herve Ladsous, the fourth Frenchman in a row to hold the post, back in December said a probe of 126 rapes in Minova by the Congolese Army, his partners, would be finished by the end of January. But it has not been.

   Ladsous has overseen the same sleight of hand on the killing of internally displaced people in Cote d'Ivoire, along with envoy Bert Koenders. 

  Meanwhile Ladsous refuses to answer Press questions, and Ban's for-now partner on press issues, the UN Correspondents Association, has said nothing about Ladsous' stonewalling, choosing instead to go out into the hall with him for private briefings, video here.

   Ban's UN protects Ladsous, concealing even the few actions they take on his misdeeds. We'll have more on, this week. And tomorrow, as Ban meets Rajoelina. Watch this site.