Modalities for the Implementation of the OAU Framework Agreement on the Settlement of the Dispute between Ethiopia and Eritrea

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Country/entity: Eritrea
Ethiopia
Region: Africa (excl MENA)
Agreement name: Modalities for the Implementation of the OAU Framework Agreement on the Settlement of the Dispute between Ethiopia and Eritrea
Date: 12 Jul 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Eritrean Border Conflicts (1998 - 2018)
Eritrean Border Conflicts (1998 - 2019)

Eritrea - Ethiopia (1998 - 2018)

In 1991, the Eritrean People’s Liberation Front (EPLF) defeated the communist military junta (‘Derg’) in Ethiopia and proclaimed independence for Eritrea. At the same time, Derg itself was overthrown by the Ethiopian Peoples’ Revolutionary Democratic Forces (EPRDF), which established a transitional government in Ethiopia. Eritrea was granted an independence referendum, which resulted in a 99.8 per cent pro-independence vote. However, border tensions and heavy disputes, in particular on minority rights and economic issues, between EPLF and EPRDF led to new fighting between the two countries in 1998. A mediation by the US administration led to a difficult truce and in 2000 a peace agreement was signed. The agreement established two commission, Border Commission and the Claims Commission. The delimitation ruling of the Border Commission was rejected by Ethiopia. The border continued to be heavily occupied by troops on both sides and border skirmishes continue into 2016. In June 2018, after a series of summits, the state of war was declared over in a Joint Declaration of Peace and Friendship, as Ethiopia finally agreed to honour the ruling of the Border Commission. This followed by a series of steps to improve political, economic and diplomatic ties. Transport and telephone links have been re-established, and borders reopened. In July 2018, the countries have signed the ‘Agreement on Peace, Friendship and Comprehensive Cooperation’ reiterating their commitment to achieving long-lasting peace in the region.

Sudanese-Eritrean Relations (1994 - 1999)

Eritrea broke diplomatic contact with neighbouring Sudan after accusing the country of attempting to destabilize the Eritrean regime. At the time it was believed that Sudan trained and armed the Eritrean Islamic Jihad Group, which aimed to establish a caliphate in the Horn of Africa. After breaking diplomatic relations, Khartoum accused Eritrea of providing support for armed Sudanese opposition groups. Indeed, Eritrea help a conference for the Sudanese opposition in 1995 in an attempt to unite them. Relations were normalized in 1999. Sudan sent troops to its eastern border (region of Kassala) with Eritrea amid security concerns involving Egyptian troops deployed in Eritrea.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: Eritrea-Ethiopia border dispute peace process
Parties: The Eritrean Government and the Ethiopian Government
Third parties: -
Description: The agreements defines the modalities for the implementation of the OAU framework, mainly related to ceasefire modalities.

Agreement document: EH_ER_990712_Modalities for the Implementation of the OAU Framework 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: No specific mention.

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: Page 1, Article 5:
5. The modalities for the re-establishment of the civilian Administration and population in the concerned territories shall be worked out after the cessation of hostilities.
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: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Untitled Preamble:
The two Parties reaffirm their commitment to the principle of the non-use of force to settle disputes.
...
There shall be a return to positions held prior to 6 May 1998.

Page 1, Article 1:
The Eritrean Government commits itself to redeploy its forces outside the territories they occupied after 6 May 1998.

Page 1, Article 2:
The Ethiopian Government commits itself to redeploy, thereafter, its forces from positions take after 6 February 1999 and which were not under Ethiopian administration before May 6, 1998.

Page 1, Article 3:
The two Parties agree to put an end to all military activities and all forms of expression likely to sustain and exacerbate the climate of hostility and thus compromise the implementation of the Framework Agreement.

Page 1, Article 4:
The redeployment of troops shall commence immediately after the cessation of hostilities. This redeployment shall not, in any way, prejudice the final status of the territories concerned, it being understood that this status will be determined at the end of the border delimitation and demarcation.

Page 1, Article 5:
5. The modalities for the re-establishment of the civilian Administration and population in the concerned territories shall be worked out after the cessation of hostilities.

Page 1, Article 7:
...
7. The two Parties commit themselves to sign a formal Ceasefire Agreement which provides for the detailed modalities for the implementation of the Framework Agreement.
Police: No specific mention.
Armed forces: Page 1, Article 1:
The Eritrean Government commits itself to redeploy its forces outside the territories they occupied after 6 May 1998.

Page 1, Article 2:
The Ethiopian Government commits itself to redeploy, thereafter, its forces from positions take after 6 February 1999 and which were not under Ethiopian administration before May 6, 1998.

Page 1, Article 3:
The two Parties agree to put an end to all military activities and all forms of expression likely to sustain and exacerbate the climate of hostility and thus compromise the implementation of the Framework Agreement.

Page 1, Article 4:
The redeployment of troops shall commence immediately after the cessation of hostilities. This redeployment shall not, in any way, prejudice the final status of the territories concerned, it being understood that this status will be determined at the end of the border delimitation and demarcation.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Article 6:
6. The two Parties accept the deployment of Military Observers by the OAU in cooperation with the United Nations. The Group of Military Observers will supervise the redeployment of troops as stipulated in the present modalities and carry out all other duties that are entrusted to it, in conformity with the relevant provisions of the Framework Agreement.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Archive website: http://www.oocities.org/

Modalities for the Implementation of the OAU Framework Agreement on the Settlement of the Dispute Between Ethiopia and Eritrea

(Submitted to both parties on Monday 12, 1999 and reported to the 35th OAU Heads of State and Government summit in Algiers on Wednesday, July 14, 1999)

The two Parties reaffirm their commitment to the principle of the non-use of force to settle disputes.

The two Parties reaffirm their acceptance of the Framework Agreement and commit themselves to implement it in good faith.

There shall be a return to positions held prior to 6 May 1998.

On the basis of these principles, the two parties agree on the following modalities for the implementation of the Framework Agreement:

1. The Eritrean Government commits itself to redeploy its forces outside the territories they occupied after 6 May 1998.

2. The Ethiopian Goverment commits itself to redeploy, thereafter, its forces from positions take after 6 February 1999 and which were not under Ethiopian adminsitration before May 6, 1998.

3. The two parties agree to put an end to all military actitivies and all forms of expresssion likely to sustain and exacerbate the climate of hostility and thus compromise the implementation of the Framework Agreement.

4. The redeployment of troops shall commence immediately after the cessation of hostiltiies.

This redeployment shall not, in any way, prejudice the final status of the territories concerned, it being understood that this status will be determined at the end of the border delimitation and demarcation.

5. The modalities for the re-establishment of the civilian Administration and population in the concerned territories shall be worked out after the cessation of hostilities.

6. The two parties accept the deployment of militation observers by the OAU in cooperation with the United Nations.

The Group of Military Observers will supervise the redeployment of troops as stipulated in the present modalities and carry out all otherduties that are entrusted to it, in conformity with the relevant provisions of the Framework Agreement.

7, The two Parties commit themselves to sign a formal Ceasefire Agreement which privides for the detailed modalities for the implementation of the Framework Agreement.