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.

• Agreement document

  DJ_000207_Accord cadre de reforme et de concorde civile_tr.pdf | Download PDF
• Agreement document (original language)

  DJ_000207_Accord Cadre de reforme et de concorde civile.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

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