Agreement between the Government of the Federal Democratic Republic of Ethiopia and the Ogaden National Liberation Front (ONLF) on the Termination of the State of Insurgency

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Country/entity: Ethiopia
Ogaden
Region: Africa (excl MENA)
Agreement name: Agreement between the Government of the Federal Democratic Republic of Ethiopia and the Ogaden National Liberation Front (ONLF) on the Termination of the State of Insurgency
Date: 12 Oct 2010
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Ethiopia's Territorial Conflicts (1990 - )
Agreements relate to three distinct (but related) conflict contexts:

Ethiopia-Eritrea. The first relates to the relationship between Ethiopia and Eritrea in the post-1990 period. 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 ruling of the Border Commission established by the agreement was rejected by Ethiopia. The border continued to be heavily occupied by troops on both sides and border skirmishes continued 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.

Ethiopia-Ogaden. The third relates to the remaining conflict in the Ogaden region. Here the Ogaden National Liberation Front (ONLF) in 1994 waged war against the Ethiopian government, demanding secession from the Ethiopian state and integration into Greater Somalia. Despite signing several agreements, low-intensity guerrilla warfare is still ongoing, although ONLF’s strength significantly declined after 2009. Pursuant to an agreement with the federal government, they have returned from Eritrea to pursue peaceful political struggle and planning to register as a party and participate in 2020 elections.

Ethiopia-internal. The second relates to the attempts to reach settlement between contending groups post the Derg’s overthrow with a negotiated political charter and ‘peace agreement’ constitution.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Ogaden peace process
Parties: - For the Federal Democratic Republic of Ethiopia: Dr. Shiferaw Teklemariam, Minister, Ministry of Federal Affairs
- Ogaden National Liberal Front (ONLF): Eng. Salahdin A. Maow, Chairman, Ogaden National Liberal Front (ONLF)
Third parties: -
Description: This short agreement terminates the state of insurgency in between the Federal Democratic Republic of Ethiopia and the Ogaden National Liberal Front (ONLF). It provides for a ceasefire, amnesty, constitutional rights, integration and rehabilitation for ONLF members, right to return, and acceleration of development.

Agreement document: EH_101012_Ethiopian Gov. and ONLF on the Termination of the State of Insurgency.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: Groups→Racial/ethnic/national group→Rhetorical
Page 1, Untitled Preamble:
...
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all nations, nationalities and peoples of Ethiopia;...
Religious groups: Groups→Religious groups→Substantive
Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
A. Freedom of Religion, Belief and Opinion.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 3, Article 5: Right of Return:
The Parties agree that, as per Article 32 of the constitution of the Federal Democratic Republic of Ethiopia, this agreement calls upon all the people who have left the country because of the past conflicts between the Parties to return to the Federal Democratic Republic of Ethiopia and make valuable contributions to the on-going development process.
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: Page 1, Untitled Preamble:
...
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all
nations, nationalities and peoples of Ethiopia; and full fledged regional government established in the Somali region thereby laying legal and political framework for promoting equitable development and peaceful way of propagating alternative program;
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: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Untitled Preamble:
Further convinced of the fact that human and democratic rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia had given substantial guarantees to the peoples of the Federal Democratic Republic of Ethiopia to acquire constitution rights in a peaceful manner;
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all
nations, nationalities and peoples of Ethiopia; and full fledged regional government established in the Somali region thereby laying legal and political framework for promoting equitable development and peaceful way of propagating alternative program;

Page 2, Article 1: Article 1 Termination of the State of Insurgency:
...
3. The Parties agree that the constitution of the Federal Democratic Republic of Ethiopia shall be the basis for all rights demanded by the ONLF.
...
5. ONLF agrees to abide by the constitution of the Federal Democratic Republic of Ethiopia and all other laws of the country.

Page 2, Article 2: Amnesty:
The Federal Democratic Republic of Ethiopia will extend amnesty to the leaders and members of the ONLF as stipulated by the constitution of the country and pardon proclamation.

Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
A. Freedom of Religion, Belief and Opinion.
B. Right to Development.
C. Thought, Opinion and Expression.
D. Right to Property.
E. Economic, Social and Cultural Rights.

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: Page 1, Untitled Preamble:
...
Further convinced of the fact that human and democratic rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia had given substantial guarantees to the peoples of the Federal Democratic Republic of Ethiopia to acquire constitution rights in a peaceful manner;

Page 2, Article 1: Article 1 Termination of the State of Insurgency:
...
3. The Parties agree that the constitution of the Federal Democratic Republic of Ethiopia shall be the basis for all rights demanded by the ONLF.
...
5. ONLF agrees to abide by the constitution of the Federal Democratic Republic of Ethiopia and all other laws of the country.
Bill of rights/similar: Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
A. Freedom of Religion, Belief and Opinion.
B. Right to Development.
C. Thought, Opinion and Expression.
D. Right to Property.
E. Economic, Social and Cultural Rights.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, Untitled Preamble:
...
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all
nations, nationalities and peoples of Ethiopia; and full fledged regional government established in the Somali region thereby laying legal and political framework for promoting equitable development and peaceful way of propagating alternative program;
Human rights and equality→Civil and political rights→Freedom of speech
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
...
C. Thought, Opinion and Expression.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
A. Freedom of Religion, Belief and Opinion.
...
C. Thought, Opinion and Expression.
...
E. Economic, Social and Cultural Rights.
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
...
D. Right to Property.
Human rights and equality→Socio-economic rights→Other
Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
...
B. Right to Development.
...
E. Economic, Social and Cultural Rights.

Page 3, Article 4 Resettlement and Rehabilitation:
...
2. All members of ONLF shall have the right to participate in the development process in all its aspects by joining the different institutions at both state and federal levels.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizens, specific rights
Page 1, Untitled Preamble:
...
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all nations, nationalities and peoples of Ethiopia; and full fledged regional government established in the Somali region thereby laying legal and political framework for promoting equitable development and peaceful way of propagating alternative program;
Democracy: Page 1, Untitled Preamble:
...
Further convinced of the fact that human and democratic rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia had given substantial guarantees to the peoples of the Federal Democratic Republic of Ethiopia to acquire constitution rights in a peaceful manner;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 3, Article 5: Right of Return:
The Parties agree that, as per Article 32 of tbe constitution of the Federal Democratic Republic of Ethiopia, this agreement calls upon all the people who have left the country because of the past conflicts between the Parties to return to the Federal Democratic Republic of Ethiopia and make valuable contributions to the on-going development process.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Untitled Preamble:
...
Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all
nations, nationalities and peoples of Ethiopia; and full fledged regional government established in the Somali region thereby laying legal and political framework for promoting equitable development and peaceful way of propagating alternative program;

Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
...
B. Right to Development.

Page 3, Article 4 Resettlement and Rehabilitation:
...
2. All members of ONLF shall have the right to participate in the development process in all its aspects by joining the different institutions at both state and federal levels.

Page 3, Article 5: Right of Return:
The Parties agree that, as per Article 32 of tbe constitution of the Federal Democratic Republic of Ethiopia, this agreement calls upon all the people who have left the country because of the past conflicts between the Parties to return to the Federal Democratic Republic of Ethiopia and make valuable contributions to the on-going development process.

Page 3, Article 6: Acceleration of Development:
Recognizing the cumulative effects of underdevelopment, compounded by the destructive effects of insurgency and inst abi lity in the Somali region, the Parties agree to fully cooperate in enhancing the all round development of the Somali region.
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:
...
Reaffirming the parties' adherence to the peace terms -Memorandum of Understanding- agreed upon in last meeting held in Washington D.C. USA on August 1, 2010 and the subsequent negotiations and meetings that were held since the declaration of ceasefire between the two parties;
Recognizing that the declaration of cease fire was a historic landmark in establishing long lasting peace and stability; and that it paves the way for the further development and advancement in all aspects of life;

Page 2, Article 1: Article 1 Termination of the State of Insurgency:
1. The state of insurgency which ONLF has been conducting in the Somali regional state of the Federal Democratic Republic of Ethiopia is hereby definitively terminated and peace is established.
...
4. The Parties agree that both have fulfilled their commitments in compliance with terms of cease fire agreed upon at Washington D.C. United States of America.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 3, Article 4 Resettlement and Rehabilitation:
1. The Government of the Federal Democratic Republic of Ethiopia agrees to take appropriate arrangements for the reception and welcoming of the members of the ONLF
by allocating resources to provide for rehabilitation and assistance as well as implementing suitable measures for the members' integration in the society.
2. All members of ONLF shall have the right to participate in the development process in all its aspects by joining the different institutions at both state and federal levels.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Article 1: Article 1 Termination of the State of Insurgency:
1. The state of insurgency which ONLF has been conducting in the Somali regional state of the Federal Democratic Republic of Ethiopia is hereby definitively terminated and peace is established.
2. The Government of the Federal Democratic Republic of Ethiopia agrees to release the ONLF members who are in prisons.
3. The Parties agree that the constitution of the Federal Democratic Republic of Ethiopia shall be the basis for all rights demanded by the ONLF.
4. The Parties agree that both have fulfilled their commitments in compliance with terms of cease fire agreed upon at Washington D.C. United States of America.
5. ONLF agrees to abide by the constitution of the Federal Democratic Republic of Ethiopia and all other laws of the country.
6. The ONLF agrees to work together with the Government of the Federal Democratic Republic of Ethiopia to bring those the then ONLF remaining elements, who are not part of this proc ess, into the peace agreement.

Page 2, Article 2: Amnesty:
The Federal Democratic Republic of Ethiopia will extend amnesty to the leaders and members of the ONLF as stipulated by the constitution of the country and pardon proclamation.

Page 2, Article 3: Constitutional Rights:
The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:
A. Freedom of Religion, Belief and Opinion.
B. Right to Development.
C. Thought, Opinion and Expression.
D. Right to Property.
E. Economic, Social and Cultural Rights.

Page 3, Article 4 Resettlement and Rehabilitation:
1. The Government of the Federal Democratic Republic of Ethiopia agrees to take appropriate arrangements for the reception and welcoming of the members of the ONLF
by allocating resources to provide for rehabilitation and assistance as well as implementing suitable measures for the members' integration in the society.
2. All members of ONLF shall have the right to participate in the development process in all its aspects by joining the different institutions at both state and federal levels.
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 2, Article 2: Amnesty:
The Federal Democratic Republic of Ethiopia will extend amnesty to the leaders and members of the ONLF as stipulated by the constitution of the country and pardon proclamation.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, Article 1: Article 1 Termination of the State of Insurgency:
2. The Government of the Federal Democratic Republic of Ethiopia agrees to release the ONLF members who are in prisons.
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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://www.somalia-aktuell.de/

AGREEMENT

BETWEEN

THE GOVERNMENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

AND

THE OGADEN NATIONAL LIBERATION FRONT (ONLF)

ON THE TERMINATION OF THE STATE OF INSURGENCY

The Government of the Federal Democratic Republic of Ethiopia and the Ogaden National Liberation Front (ONLF) hereinafter referred to as the "Parties" ;

Firmly convinced of the need for strategic and comprehensive peace in the Federal Democratic Republic of Ethiopia;

Reaffirming the parties' adherence to the peace terms-Memorandum of Understanding agreed upon in last meeting held in Washington D.C. USA on August 1, 2010 and the subsequent negotiations and meetings that were held since the declaration of ceasefire between the two parties;

Recognizing that the declaration of cease fire was a historic landmark in establishing long lasting peace and stability;

and that it paves the way for the further development and advancement in all aspects of life;

Further convinced of the fact that human and democratic rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia had given substantial guarantees to the peoples of the Federal Democratic Republic of Ethiopia to acquire constitutional rights in a peaceful manner;

Realizing that article 39 of the constitution of the Federal Democratic Republic of Ethiopia has given full right of self determination up to and including secession to all nations, nationalities and peoples of Ethiopia;

and full fledged regional government is established in the Somali region thereby laying legal and political framework for [illegible word] equitable development and peaceful way of propagating alternate program;

Noting the agreement as a golden opportunity that will bring about a historical conciliation between the Parties which is a cornerstone for future progress and development that the people are in desperate need;

Inviting other parties concerned to join the peace process that had begun and overwhelmingly welcomed by the people at home and communities in Diaspora;

Have agreed as follows:

Article 1

Termination of the State of Insurgency

I. The state of insurgency which ONLF has been conducting in the Somali regional state of the Federal Democratic Republic of Ethiopia is hereby definitively terminated and peace is established.

2. The Government of the Federal Democratic Republic of Ethiopia agrees to release the ONLF members who are in prisons.

3. The Parties agree that the constitution of the Federal Democratic Republic of Ethiopia shall be the basis for all rights demanded by the ONLF.

4. The Parties agree that both have fulfilled their commitments in compliance with terms of ceasefire agreed upon at Washington D.C. United States of America.

5. ONLF agrees to abide by the constitution of the Federal Democratic Republic of Ethiopia and all other laws of the country.

6. The ONLF agrees to work together with the Government of the Federal Democratic Republic of Ethiopia to bring those the then ONLF remaining elements, who are not part of this process, into the peace agreement.

Article 2

Amnesty

The Federal Democratic Republic of Ethiopia will extend amnesty to the leaders and members of the ONLF as stipulated by the constitution of the country and pardon proclamation.

Article 3

Constitutional Rights

The Parties agree that ONLF leaders and members shall enjoy the constitutional rights enshrined in the constitution of the Federal Democratic Republic of Ethiopia that includes:

Freedom of Religion, Belief and Opinion.

Right to Development.

Right of Thought, Opinion and Expression.

Right of Property.

Economic, Social and Cultural Rights.

Article 4

Resettlement and Rehabilitation

I. The Government of the Federal Democratic Republic of Ethiopia agrees to take appropriate arrangements for the reception and welcoming of the members of the ONLF by allocating resources to provide for rehabilitation and assistance as well as implementing suitable measures for the members ' integration in the society .

2. All members of ONLF shall have the right to participate in the development process in all its aspects by joining the different institutions at both state and federal levels.

Article 5

Right of Return

The Parties agree that, as per Article 32 of the constitution of the Federal Democratic Republic of Ethiopia, this agreement calls upon all the people who have left the country because of the past conflicts between the Parties to return to the Federal Democratic Republic of Ethiopia and make valuable contributions to the on-going development process.

Article 6

Acceleration of Development

Recognizing the cumulative effects of underdevelopment, compounded by the destructive effects of insurgency and instability in the Somali region, the Parties agree to fully cooperate in enhancing the all round development of the Somali region.

Article 7

Entry into Force

This Agreement shall come into force on the date of its signature and shall remain in force indefinite

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective authorities, have signed this Agreement.

Signed in Addis Ababa on this 12th day of the month of October in the year 2010 in two original copies in the English language, both texts being equally authentic:

For the Federal Democratic Ogaden National Liberation Front

Republic of (ONLF)

Ethiopia

_____________________________ _________________________________

Dr Shiferaw Teklemariam Eng.

Salahdin A. Maow

Minister, Ministry of Federal Chairman,

Affairs Ogaden National Liberation Front

(ONFL)