Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of Sudan

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Country/entity: Chad
Sudan
Region: Africa (excl MENA)
Agreement name: Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of Sudan
Date: 8 Feb 2006
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Chadian Conflicts (1966 - )
The political history of Chad has been defined by ethno-religious conflict following independence from France in 1960, particularly between the Islamic north and the Christian and animist south. Although prevalent during the colonial era, this became particularly apparent under Tombalbaye during his 15-year rule (1960-1975), which saw mass discrimination against the Muslim northern and central regions. In 1966, the Islamist National Liberation Front on Chad (FROLINAT) was formed, but the movement was defined by factionalism and in-fighting, often encouraged by Libyan government policies, until the civil war ended in 1993. In 1975 Tombalbaye was killed during a coup, and the country reverted to military rule. Constant pressure from the various FROLINAT factions, however, caused then-ruler General Felix Malloum to align himself with Hissene Habre, a rebel leader formerly-aligned with FROLINAT, but then-commander of the Forces Armées du Nord (FAN). In 1978, Libyan troops also occupied the Aouzou Strip (See Libyan-Chadian Conflict). Meanwhile, Habre’s FROLINAT competitor, Goukouni Oueddei, gathered the majority of the northern insurgent factions, and the ensuing civil war between 11 factions eroded the capabilities of the state. In 1979, the Lagos Accords created a unity government (GUNT) that briefly convened the factions, but infighting between Habre and Goukouni’s forces broke out soon after.

Habre finally gained control of N’Djamena in 1982, but faced continuing insurgent pressure from GUNT. This changed in the mid-1980s when all forces in Chad aligned themselves against the Libyan occupation and expelled them from Chad. Infighting in Habre’s regime, meanwhile, saw the defection of General Idriss Deby to Sudan, where he launched a Zaghawa campaign against the President and took the capital in December 1990 with Libyan-backing. Deby was announced President in early 1991, and to ease fighting he announced elections, which he won, in 1996. A number of short-lived peace deals were signed with several rebel factions in 1997, but fighting continued. In 2003, an influx of over 200,000 refugees from Darfur complicated the matter further, and in 2005 Chad declared war on Sudan, which was backing the Chadian rebel group, Rally for Democracy and Liberty. A series of battles ensued across Chad culminating in the Battle of N’Djamena in 2008. The latest war ended in 2010 with a peace accord signed between Sudan and Chad.

In 2021, the FACT (Front pour l’Alternance et la Concorde au Tchad: Front for Change and Concord in Chad) attacked the Chadian military on the eve of presidential elections. President Idriss Déby was killed in the attack, and the army formed a Transitional Military Council (TMC).
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - comprehensive
Conflict nature: Territory
Peace process: Chad-Sudan Agreements
Parties: For the Republic of the Sudan: (Signed) His Excellency Mr. Omer Hassan A. Al-Bashir; For the Republic of Chad: (Signed) His Excellency Mr. Idriss Deby Itno
Third parties: Facilitators: (Signed) His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo, Current President of the African Union; (Signed) Brother Muammar Al-Qadhafi
Leader of the Revolution High Peace Mediator within CEN-SAD and beyond; For the Central African Republic: (Signed) His Excellency Mr. François Bozizé Yangouvonda, President of the Republic; For Burkina Faso: (Signed) His Excellency Mr. Blaise Compaoré, President of Burkina Faso, Current President of CEN-SAD
Description: An agreement between the Republic of Chad and the Republic of the Sudan in which both pledge to work towards the restoration of good-neighborliness and cooperation, specifically recalling the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD regarding non-interference and peaceful resolution. Furthermore, both parties pledge to prohibit the presence of opposition elements from crossing the border, to end hostile media campaigns, to normalize their diplomatic and consular relations, and to establish a mechanism to review the implementation of this agreement.

Agreement document: SD_TD_060208_Tripoli Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: [Agreement in its entirety is cross-border in nature, providing for cooperation and good-neighborliness between Chad and the Republic of Sudan]

Page 5, Article 1
The two Parties pledge to work towards the restoration of the climate of trust, good-neighbourliness and cooperation that has long existed between them.

Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Page 5, Article 3
The two Parties pledge to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other Party.

Page 6, Article 4
The two Parties pledge to prohibit forthwith the presence of rebel elements from either country in their respective territories.

Page 6, Article 5
In the context of the restoration of trust and good-neighbourly relations, the two Parties will endeavour to normalize their diplomatic and consular relations.

Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement;
– A mission to gather information on the ground;
– A peace and security force to secure the common border.

Page 6, Article 8
The two Parties pledge to cooperate and to facilitate the operation of the peace mechanisms referred to in article 7.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 6, Article 6
The two Parties pledge to put an end to hostile media campaigns and to work to establish a spirit of fraternity and harmony.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 5, Untitled Preamble
[...] Bearing in mind the provisions of the Charter of the United Nations,
Recalling the relevant provisions of the Constitutive Act of the African Union
and of the Treaty establishing CEN-SAD, [...]

Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Page 5, Article 3
The two Parties pledge to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other Party.

Page 6, Article 5
In the context of the restoration of trust and good-neighbourly relations, the two Parties will endeavour to normalize their diplomatic and consular relations.

Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement;
– A mission to gather information on the ground;
– A peace and security force to secure the common border.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 6, Article 4
The two Parties pledge to prohibit forthwith the presence of rebel elements from either country in their respective territories.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 5, Untitled Preamble
Responding to the appeals and mediation efforts made by the leaders and Heads of State at the Tripoli Summit with a view to achieving reconciliation and lasting peace between Chad and the Sudan,

Implementation

UN signatory: No specific mention.
Other international signatory: Facilitators: (Signed) His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo, Current President of the African Union; (Signed) Brother Muammar Al-Qadhafi
Leader of the Revolution High Peace Mediator within CEN-SAD and beyond; For the Central African Republic: (Signed) His Excellency Mr. François Bozizé Yangouvonda, President of the Republic; For Burkina Faso: (Signed) His Excellency Mr. Blaise Compaoré, President of Burkina Faso, Current President of CEN-SAD
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement; [...]

Page 6, Article 8
The two Parties pledge to cooperate and to facilitate the operation of the peace mechanisms referred to in article 7.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Annex I to the letter dated 14 February 2006 from the Chargé d’affaires a.i.

of the Permanent Mission of the Libyan Arab Jamahiriya to the United Nations addressed to the President of the Security Council

[Original:

Arabic and French]

Tripoli Declaration concerning the Situation between Chad and the Sudan

1. At the joint initiative of Brother Muammar Al-Qadhafi, Leader of the Revolution, High Peace Mediator within the Community of Sahelo-Saharan States (CEN-SAD) and beyond, and His Excellency Mr. Denis Sassou Nguesso, current President of the African Union and President of the Republic of the Congo, a summit meeting was held in Tripoli on 8 February 2006 on the situation between Chad and the Sudan.

The participants were Their Excellencies Messrs.:

Blaise Compaoré, President of Burkina Faso and current President of CEN-SAD;

Omer Hassan A. Al-Bashir, President of the Republic of the Sudan;

Idriss Deby Itno, President of the Republic of Chad;

François Bozizé Yangouvonda, President of the Central African Republic.

Also participating in the Summit were:

Mr. Alpha Omar Konaré, Chairperson of the Commission of the African Union;

Mr. Muhammad al-Madani al-Azhari, Secretary-General of CEN-SAD;

A representative of the Secretary-General of the United Nations.

The Summit was preceded by a meeting of the Ministers for Foreign Affairs and the ministers responsible for public security of the aforementioned States, held on 6 and 7 February 2006, under the chairmanship of His Excellency Mr. Rodolphe Adada, Minister of State and Minister for Foreign Affairs and Francophonie of the Republic of the Congo, and Chairman of the Executive Council of the African Union.

4. Having studied the crisis situation prevailing between Chad and the Sudan and in the light of the information submitted by the two parties and by the Commission of the African Union, the Summit expresses its concern about this unfortunate crisis between these two fraternal countries bound by ties of geography, history and social relations.

5. The Summit greatly appreciates the readiness of the two parties to engage in constructive dialogue, which has been reaffirmed in the course of the discussion by both President Omer Hassan A. Al-Bashir and President Idriss Deby Itno.

6. The Summit urges the two parties to engage in dialogue and bilateral consultations, bearing in mind

The relevant provisions of the Constitutive Act of the African Union and of article 4 of the Protocol relating to the Establishment of the Peace and Security Council of the African Union, which stipulate the peaceful resolution of crises between member States, the non-use of force, non-interference in internal affairs, peaceful coexistence of member States and the right of all States to live in peace;

The relevant articles of the Treaty establishing CEN-SAD;

The Charter on Security of CEN-SAD;

The Niamey Declaration on Crises and Conflicts adopted by the fifth regular session of the Council of Heads of State of CEN-SAD;

•The Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States (General Assembly resolution 2625 (XXV)).

7. The Summit calls urgently on both parties to refrain from all interference in the internal affairs of the other party and from providing support to armed groups operating in either country.

8. The Summit requests both parties to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other party, in accordance with the Charter on Security of CEN-SAD signed by both States.

9. The Summit requests both parties to initiate and institutionalize the exchange, by the competent services of the two countries, of information concerning the activities of armed groups, with a view to disbanding them.

10. The Summit requests both parties to put an immediate stop to media campaigns detrimental to the restoration of trust and calm.

11. The Summit pledges to provide multifaceted support to both countries according to their needs in order to carry out the noble and heroic task of restoring the climate of trust and good-neighbourliness that has long prevailed between Chad and the Sudan.

To this end, the Summit decides to establish:

• A ministerial follow-up committee chaired by the Great Jamahiriya and made up of ministers from both parties, ministers from the Republic of the Congo, Burkina Faso and the Central African Republic, and the Secretary-General of CEN-SAD.

This committee would meet periodically to evaluate the development of the situation and assist the two countries in seeking peaceful negotiated solutions to the various causes of the crisis, and would operate in coordination with the Peace and Security Council of the African Union;

• A mission to gather information on the ground;

• A peace and security force to secure the common border.

12. possible date an extraordinary meeting of the Chiefs of the Foreign Intelligence Services to propose suitable means of monitoring the common border.

The Summit requests the Great Jamahiriya to convene in Tripoli at the earliest

13. In order to demonstrate the resolve of the two countries to settle their differences by peaceful means and in order to restore trust between them, the

Republic of Chad and the Republic of the Sudan have signed the Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of the Sudan.

The two countries will endeavour to normalize their diplomatic and consular relations.

In the same vein, they pledge to prohibit forthwith the presence of rebel elements from either party in their respective territories.

14. The Summit pays heartfelt tribute to Their Excellencies Messrs. Omer Hassan A. Al-Bashir and Idriss Deby Itno for their spirit of pan-Africanism and their devotion to peace, security and stability in their countries and in the subregion as a whole.

15. The Summit also warmly congratulates His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo and current President of the African Union, on his vision in placing peace and security in Africa among the priorities of his mandate.

16. The Summit is moved to adopt a motion expressing its deep appreciation and gratitude to Brother Muammar Al-Qadhafi, Leader of the Revolution and High Peace Mediator within CEN-SAD and beyond, for his unstinting efforts and steadfast commitment to achieving peace, security and development within CEN- SAD and in Africa generally.

Issued at Tripoli on 8 February 2006

For the Summit:

(Signed) His Excellency Mr. Denis Sassou Nguesso President of the Republic of the Congo

Current President of the African Union

(Signed) Brother Muammar Al-Qadhafi

Leader of the Revolution,

High Peace Mediator within CEN-SAD and beyond

Annex II to the letter dated 14 February 2006 from the Chargé d’affaires a.i.

of the Permanent Mission of the Libyan Arab Jamahiriya to the United Nations addressed to the President of the Security Council

[Original:

Arabic and French]

Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of the Sudan

Tripoli, 8 February 2006

At the conclusion of the Summit held in Tripoli on 8 February 2006 at the joint initiative of Brother Muammar Al-Qadhafi, Leader of the Revolution and High Peace Mediator within the Community of Sahelo-Saharan States (CEN-SAD) and beyond, and His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo and current President of the African Union,

The Republic of the Sudan, represented by His Excellency Mr. Omer Hassan A. Al-Bashir, and the Republic of Chad, represented by His Excellency Mr. Idriss Deby Itno, (hereinafter referred to as “the two Parties”),

Resolved to restore a climate of mutual trust, constructive good- neighbourliness and deep-rooted relations based on friendship and harmony between their two peoples,

Bearing in mind the provisions of the Charter of the United Nations,

Recalling the relevant provisions of the Constitutive Act of the African Union and of the Treaty establishing CEN-SAD,

Responding to the appeals and mediation efforts made by the leaders and Heads of State at the Tripoli Summit with a view to achieving reconciliation and lasting peace between Chad and the Sudan,

Have agreed as follows:

Article 1

The two Parties pledge to work towards the restoration of the climate of trust, good-neighbourliness and cooperation that has long existed between them.

Article 2

The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Article 3

The two Parties pledge to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other Party.

Article 4

The two Parties pledge to prohibit forthwith the presence of rebel elements from either country in their respective territories.

Article 5

In the context of the restoration of trust and good-neighbourly relations, the two Parties will endeavour to normalize their diplomatic and consular relations.

Article 6

The two Parties pledge to put an end to hostile media campaigns and to work to establish a spirit of fraternity and harmony.

Article 7

The two Parties agree to the establishment by the Tripoli Summit of:

–A ministerial committee to follow up on the implementation of this Agreement;

– A mission to gather information on the ground;

– A peace and security force to secure the common border.

Article 8

The two Parties pledge to cooperate and to facilitate the operation of the peace mechanisms referred to in article 7.

Article 9

This Agreement shall enter into force immediately on signature.

Done at Tripoli on 8 February 2006

The Parties:

For the Republic of the Sudan:

(Signed) His Excellency Mr. Omer Hassan A. Al-Bashir For the Republic of Chad:

(Signed) His Excellency Mr. Idriss Deby Itno Facilitators: