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Accord cadre de réforme et de concorde civile

  • Country/entity

    Djibouti
  • Region

    Africa (excl MENA)
  • Agreement name

    Accord cadre de réforme et de concorde civile
  • Date

    7 Feb 2000
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Djibouti Civil War (1991 - 2001) )
  • Stage

    Framework/substantive - comprehensive
  • Conflict nature

    Government/territory
  • Peace process

    Djibouti: FRUD process
  • Parties

    For Armed FRUD, The President, Ahmed Dini Ahmed Aboubaker;
    For the Government, The Head of Cabinet of the President of the Republic, Ali Guelleh;
  • Third parties

    -
  • Description

    Agreement between the Government of the Republic of Djibouti and the FRUD, aimed at democratic reform following an election. Provided for (1) reparations and indemnities for reintegration of refugees, and for victims; (2) decentralisation and autonomy; (3) democracy and human rights; (4) openness and transparency in public life; (5) civil peace and security. Sissela: This is a framework agreement comprehensively covering the issues of rehabilitation of affected regions, repatriation of civilians and displaced populations, return of or compensation for property and housing, decentralisation and extensive autonomy for affected regions, measures to improve democracy and checks on power, a court of auditors to guarantee more transparency of public affairs, judicial reform, demining, ceasefire, release of civilian and military prisoners, decommissioning, reparations for victims, general amnesty and reinsertion of former members into army and administration.


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    Page 1, PREAMBLE
    Recognising that civil peace is the outcome of this process, the bond of brotherhood of all the children of the Republic of Djibouti;
  • 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
    Groups→Refugees/displaced persons→Substantive
    Page 1, Article 1: Reparations and compensation
    Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

    To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
  • 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)
    Governance→Political institutions (new or reformed)→General references
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
    • In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.
  • 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 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    … • In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented
    by administrative organisations within which the diverse national communities are fairly represented.

    Page 2, ARTICLE 4: GOOD MANAGEMENT OF PUBLIC FUNDS
    A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 2, ARTICLE 2: REFORMS
    • The reform shall consist of genuine decentralisation, granting extensive autonomy to the regions concerned. The decentralisation law under preparation shall be studied in more detail by the FRUD signatory of the present Framework Agreement, before being discussed in the near future by Parliament.
  • Economic power sharing

    No specific mention.

  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... • In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.

Human rights and equality

  • Human rights/RoL general
    Page 1, PREAMBLE
    Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;

    Page 1, PREAMBLE
    … Bearing in mind the importance of constitutional law, respect for the rights of man and for the plurality of opinions, convictions and ideas;
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    Page 1, PREAMBLE
    Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;
    Human rights and equality→Civil and political rights→Freedom of association
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
    Human rights and equality→Civil and political rights→Other
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
    • In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 2, ARTICLE 3: DEMOCRACY
    No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
    • Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
  • Mobility/access
    Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.
  • 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
    Justice sector reform→Criminal justice and emergency law→Reform to specific laws
    ARTICLE 5: CIVIL PEACE AND SECURITY
    Peace and injustice are as inseparable as breathing is to life. The achievement of civil peace will firstly restore the damage done, and will ensure justice.
    • Laws and regulations shall also be reformed in order to ensure national cohesion and good and transparent management of the nation’s common heritage.
  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 2, ARTICLE 4: GOOD MANAGEMENT OF PUBLIC FUNDS
    A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, PREAMBLE
    …Convinced that following an armed confrontation, which opposed members of the national Djiboutian community, it is essential to arrive at global and definitive solutions for the restoration of civil peace by means of dialogue, tolerance and respect for others, which is the only way to maintain the cohesion of the Djiboutian nation, in a stable Republic of Djibouti, where civil peace and harmony prevail, these being essential conditions for human development, the foundation of social and economic progress;
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business
    Page 1, Article 1: Reparations and compensation
    Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

    To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
  • 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 1, PREAMBLE
    Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... The two parties shall suspend hostilities.
  • Police

    No specific mention.

  • Armed forces
    Page 1, Article 1: Reparations and compensation
    ... To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.

    Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... Civilian and military personnel of the two parties detained by either side shall be released immediately.

    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
  • DDR
    Security sector→DDR→DDR programmes
    Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... Civilian and military personnel of the two parties detained by either side shall be released immediately.
  • Vetting

    No specific mention.

  • Victims
    Page 1, Article 1: Reparations and compensation
    Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

    To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 1, Article 1: Reparations and compensation
    Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.
    To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.

    Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
    ... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
  • 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

    No specific mention.

  • Enforcement mechanism
    Page 3, ARTICLE 6: IMPLEMENTATION OF THE FRAMEWORK AGREEMENT
    The two signatory parties to the present Agreement shall work jointly to implement it comprehensively in its entirety, and any other measures within its framework or relating to its objectives.
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker , https://peacemaker.un.org/sites/peacemaker.un.org/files/DJ_000207_Accord%20Cadre%20de%20reforme%20et%20de%20concorde%20civile.pdf

Reform and Civil Concord Framework Agreement

Paris, February 7, 2000

PREAMBLE

The Government of the Republic of Djibouti and the and the Front for the Restoration of Unity and Democracy (Front Nationale pour la Restauration de l’ Unité et de la Démocratie, FRUD), parties to the present Agreement;

Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;

Bearing in mind the importance of constitutional law, respect for the rights of man and for the plurality of opinions, convictions and ideas;

Convinced that following an armed confrontation, which opposed members of the national Djiboutian community, it is essential to arrive at global and definitive solutions for the restoration of civil peace by means of dialogue, tolerance and respect for others, which is the only way to maintain the cohesion of the Djiboutian nation, in a stable Republic of Djibouti, where civil peace and harmony prevail, these being essential conditions for human development, the foundation of social and economic progress;

Conscious of the need to open a new perspective for the Djiboutian nation and to give meaning to the sacrifices made by the Djiboutian people for twenty two years;

Bearing in mind the government programme submitted to and adopted by the Djiboutian people on April 9, 1999, by the election of His Excellency Mr Ismaïl Omar Guelleh, which recommends rapid democratic reform, so that management of public affairs shall be just and transparent, it is necessary:

• To find solutions for the causes of the civil conflict;

• To avoid renewing, restarting or repeating them;

Recognising that civil peace is the outcome of this process, the bond of brotherhood of all the children of the Republic of Djibouti;

Have agreed the following:

Article 1:

Reparations and compensation

Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken.

Reparation benefits must beawarded equally to all victims of the conflict.

ARTICLE 2:

REFORMS

• The reform shall consist of genuine decentralisation, granting extensive autonomy to the regions concerned.

The decentralisation law under preparation shall be studied in more detail by the FRUD signatory of the present Framework Agreement, before being discussed in the near future by Parliament.

ARTICLE 3:

DEMOCRACY

No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.

• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.

• In a Republic power, may only be exercised within the framework of functioning democratic republican institutions.

These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.

ARTICLE 4:

GOOD MANAGEMENT OF PUBLIC FUNDS

A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.

ARTICLE 5:

CIVIL PEACE AND SECURITY

Peace and injustice are as inseparable as breathing is to life.

The achievement of civil peace will firstly restore the damage done, and will ensure justice.

• Laws and regulations shall also be reformed in order to ensure national cohesion and good and transparent management of the nation’s common heritage.

• Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict.

Their presence will not hinder in any way the movement of goods and people.

The two parties shall undertake mine clearance of the land and roads which were mined.

• The two parties shall suspend hostilities.

• Civilian and military personnel of the two parties detained by either side shall be released immediately.

• In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses.

Other members of FRUD shall be assigned to appropriate civilian or military functions.

Effective procedures for their disarmament will be established at that time.

Those who suffered material damage shall be compensated.

All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.

ARTICLE 6:

IMPLEMENTATION OF THE FRAMEWORK AGREEMENT

The two signatory parties to the present Agreement shall work jointly to implement it comprehensively in its entirety, and any other measures within its framework or relating to its objectives.

ARTICLE 7:

FINAL PROVISIONS

Two copies in French of the present Reform and Civil Concord Framework Agreement shall be prepared, signed by each of the two parties.

An original copy shall be hel d by each party.

It shall be published in the Official Journal of the Republic of Djibouti.

Done at Paris, February 7, 200

For Armed FRUD

The President

Ahmed Dini Ahmed

Aboubaker

For the Government

The Head of Cabinet of the

President of the Republic

Ali Guelleh