1. Rule of law & reconstruction in Madagascar
Including alternative narratives
Dr Olivia Lwabukuna (AISA-HSRC)

2. Introduction: The role of local and sub-regional/regional players in the creation and resolution of the Madagascan legal conundrum
The rule of law has various roles to play in post conflict environments :
Facilitating intervention (both military, humanitarian and dialogue, including mediated dispute resolution)
Facilitating peace building and state building, including reconciliation and transitional justice
Facilitating institutional processes such as constitutionalism, access to justice, sector reforms and good governance
Facilitating and setting parameters for development initiatives

3. Intervention
Article 4 (h) and (j) of the African Union Constitutive Act- Specifically on guidance as far as Unconstitutional and democratic change of government is concerned.
Article 10(A) of the SADC Treaty
The SADC Standing Policy on Unconstitutional Change of Government
SADC Road map to end the crisis in Madagascar
The Madagascar SADC Peace Agreement of 2009
The SADC Road map to legislative and presidential elections in Madagascar

4. Peace and state building: reconciliation and transitional justice
The Madagascar National Dialogue Process ‘Mallgacho-Malgache’ (Malagasy with Malagasy)
The ‘Irato’ Political Agreement
The New Madagascar Constitutional Framework of 2010
Loi n° portant amnistie pour la réconciliation nationale (Law No granting amnesty for national reconciliation)
LOI n° portant statut de l'opposition et des partis d'opposition (Law No on the status of the opposition and the opposition parties)
LOI n° relative aux premières élections législatives de la Quatrième République (Law No on first parliamentary elections of the Fourth Republic)

5. Institutional processes
Constitutionalism,
Access to justice,
Legal, justice, and
Security sector reform
Good governance: Improving governance must be a priority for policy makers in Madagascar
endogenous mechanisms of motivation, accountability and controls can be used
Corruption: can be limited through devolution of political and financial power to minimize collusion between policymakers and the financial elite
Social Accountability also limits corruption by promoting implementation of safeguards through participatory mechanisms and controls on several levels; both within the del'Etat institutions, the civileet media company; and development partners (donors and NGOs)

6. Parameters for development initiatives
There is need to introduce principles of good governance, in particular institution building, which is a necessary condition for sustainable growth in Madagascar
Such Institutions must provide adequate representation, respect property rights (esp. land tenure) and promote optimal and transparent use of the country’s resources
Efforts in the past have not changed the culture of impunity and have certainly not contributed to strengthening the sense of unequal treatment among the Malagasy population.
Corruption and non-compliance with legislative, judiciary and institutional frameworks has resulted in prejudice in the delivery of public services
The dysfunction in the judiciary has exacerbated inequality, impunity and corruption

7. Conclusion
The Madagascan conundrum was caused by lack of an inclusive participatory approach to development thinking which was exacerbated by elitist SADC regional responses and lack of intervention support and localization mechanisms at domestic level adopted to implementing SADC protocols. Weaknesses in, or lack of appropriate social policies tailored to address the impact of violent conflict on the vulnerable also immensely contributed to the current narrative.
What can be done? Need for inclusive, deliberative democratic development from below
Need to judicialise development policy (judicial deliberation and enforcement of socio-economic rights-addressing inequality, promoting development)