Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia (Algiers Agreement)

• Country/entity

  Eritrea
  Ethiopia
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia (Algiers Agreement)
• Date

  12 Dec 2000
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Interstate/interstate conflict ( Eritrean Border Conflicts (1998 - 2018) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Territory
• Peace process

  Eritrea-Ethiopia border dispute peace process
• Parties

  - FOR THE GOVERNMENT OF THE STATE OF ERITREA: Isais Afwerki, Pressident
  - FOR THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA: Meles Zenawi, Prime Minister
• Third parties

  WITNESSED BY:
  - For the People's Democratic Republic of Algeria Abdelaziz BOUTEFLIKA, President of the Republic
  - For the United States of America, Mme Madelcinc K. ALBRIGHT, Secretary of State
  - For the United Nations M. Kofi ANNAN, Secretary General
  - For the Organisation of African Unity, M. Salim Ahmed Salim, Secretary General
  - For the European Union, M. Rino SERRI, Special Representative of the Presidency
• Description

  This agreement provides for permanent cessation of hostilities and the setting up of a Boundary Commission.

• Agreement document

  EH_ER_001212_Agrement between Eritrea and Ethiopa (Algiers Agreement).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

Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia

The Government of the State of Eritrea and the Government ofthe Federal Democratic Republic of Ethiopia (the "parties"),

Reaffinning their acceptance of the Organization of African Unity ("OAU") Frame\.\'Ork Agreement and the Modalities for.. 'its Implementation, which have been endorsed by the 35th ordinary ses$ion of the Assembly of Heads of State and Government, held in Algiers, Algeria, from 12 to 14 July 1999,

Recommitting themselves to the Agreement on Cessation of Hostilities, signed in Algiers on 18 June 2000,

Welcoming the commitment of the OAU and United Nations, through their endorsement of the Framework Agreement and Agreement on Cessation.

of-Hostilities, to work closely with the international community to mobilize resources for the resettlement of displaced persons, as well as rehabilitation and peacebuilding in both countries,

Have agreed as follows;

Article 1

1. The parties shall permanently terminate military hostilities between themselves.

Each party shall refrain from the threat or use of force against the other.

2. The parties shall respect and fully implement the provisions ofthe Agreement on Cessation of Hostilities.

Article 2

1. In fulfilling their obligations under international humanitarian law, including the 1949 Geneva Conventions relative to the protection of victims of armed conflict ("1949 Geneva Conventions"), and in cooperation with the International Committee of the Red Cross, the parties shall without delay release and repatriate all prisoners of war.

2. In fulfilling their obligations under international humanitarian law, including the 1949 Geneva Conventions, and in cooperation with the ICRC, the parties shall without delay release and repatriate or return to their last place of residence all other persons detained as a result of the armed conflict.

3. The parties shall afford humane treatment to each other's nationals and persons of each other's national origin within their respective territories.

Article 3

1. In order to determine the origins of the conflict, an investigation will be out the incidents of 6 May 1998 and on any other incident prior to that date which could have contributed to a misunderstandind between the parties regarding their common border, including the incidents of July and August 1997.

2. The investigation will be carried out by an independent, impartial body appointed by the Secretary General ofthe OAU.

in consultation with the Secretary General of the United Nations and the two parties.

3. The independent body will endeavor to submit its report to the Secretary General ofthe OAU in a timely fashion.

4. The parties shall cooperate fully with the independent body.

5. The Secretary General of the OAU will communicate a copy of the report to each ofthe two parties, which shall consider it in accordance with the letter and spirit ofrhe Framework Agreement and the Modalities.

Article 4

I. Consistent with the provisions of the Framework Agreement and the Agreement on Cessation of Hostilities, the parties reaffirm the principle of respect for the borders existing at independence as stated in resolution AHG/Res.

16(1) adopted by the OAU Summit in Cairo in and, in this regard, that they shall be determined on the basis of colonial treaties and applicable international law.

2. The parties agree that a neutral Boundary Commission composed of five members shall be established with a mandate to delimit and demarcate the colonial treaty border based on pertinent treaties (1900, 1902 and 1908) and applicable international law.

The Commission shall not have the power to make decisions ex aequo et bono.

3. The shall be located in The Hague.

4. Each party shall, by written notice to the United Nations Secretary General, appoint two commissioners within 45 days from the effective date of this Agreement, neither of whom shall be nationals or permanent residents of the party making the appointment.

In the event that a party fails to name one or both of its party-appointed commissioners within the specit1ed time.

lhe Secretary General of the United Nations shall make the appointment.

5. The president of the Commission shall be selected by the party- appointed commissioners or, failing their agreement within 30 days of the date of appointment of the latest party-appointed commissioner, by the Secretary General of the United Nations a.fter consultation with the parties.

The president shall be neither a national nor permanent resident of either party.

6. Tn the event of the death or of a commissioner in the course of the proceedings, a substitute commissioner shall be appointed or chosen pursuant to the procuedure set forth in this article that was applicable to the appointment or choice of the commissioner being replaced.

7. The UN Cartographer shall serve as Secretary to the Commission and undertake such tasks as assigned to him by the Commission, making use o f the technical expertise o f the UN Cartographic Unit.

The Commission may also engage the services of additional expens as it necessary.

8. Within 45 days after the effective date of this Agreement, each party shall provide.to the Secretary its claims and evidence relevant to the mandate of the Commission.

These shall be provided to the other party by the Secretary.

9. After reviewing such evidence and within 45 days of its receipt, but not earlier than 15 days after the Commission is constituted, the ·shall transmit to the Con1m.ission and the parties any materials relevant to the mandate of the Commission as well as his findings identifying those portions ofthe border as to which there appears to be no dispute between the parties.

The Secretary shall also transmit to the Commission all the claims and evidence presented by the parties.

10. With regard to those portions of the border about which there appears to be controversy, as well as any p01tions of the border identified pursuant to paragraph 9 with respect to which either party believes there to be controversy, the pa1ties shall present their written and oral submissions and any additional evidence directly to the Commission, in accordance with its procedures.

11. The Commission shall adopt its own rules of procedure based upon the 1992 Permanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two Stares.

Filing deadlines tor the parties' written submissions shall be simullaneous rather than consecutive.

All decisions of the Commission sh,:lll be made by a majority of the commissioners.

12. The Commission shall commence its work not more than 15 days after it is constituted and shall endeavor to make its decision concerning delimitation of the border within six months of its first meeting The Commission shall take this objective into consideration when establishing its schedule.

At its discreation, the Commission may extend this deadline.

13. Upon reaching a final decision regarding delimitation of the border, the Commission shall transmit its decision to the parties and Secretaries General of the OAU and the United Nations for publication, and the Commission shall arrange for expeditious demarcation.

14. The parties agree to cooperate with the Commission, its experts and other staff in all respects during the process of delimitation and demarcation, including the facilitation of access to territory they control.

Each party shall accord to the Commission and its employees the same privileges and immunities as are accorded to diplomatic agendt under the Vienna Convention on Diplomatic Relations.

15. The Parties agree that the delimitation and demarcation determination of the Commission shall be final and binding.

Each party shall respect the border so determined, as well as the territorial integrity and sovereignty of the other party.

16. Recognizing that the results ofthe delimitation and dcmareation process are not yet known, the parties request the United Nations to facilitate resolution of problems which may arise due to the transfer of territorial control, including the consequences for individuals residing in previously disputed territory.

17. The expenses of the Commission shall be borne equally by the two parties.

To Defray its expenses, the Commission may accept donations from the United Nations Trust Fund established under paragraph 8 of Security Council Resolution 1177 of 26 June 1998.

Article 5

1. Consistent with the Framework Agreement, in which the parties commit themselves to addressing the negative socio-economic impact of the crisis on the civilian population, including the impact on those persons who have been deported, a neutral Claims Commission shall be established.

The mandate of teh Commission is to decide through binding arbitration all claims for loss, damage or injury by one Government against the other, and by nationals (including both natural and juridicial persons) of one party agains thte Government of the other party or entities owned or controlled by the other party that are (1) related to the conflict that was the subject of the Framework Agreement, the modalities for its implementation and the Cessation of Hostilities Agreement, and (b) result from violations of international humanitarian law, includin gthe 1949 Geneva Conventions, or other violations of international law.

The Commission shall not hear claims arising from the cost of military operations, preparing for military operations, or the use of force, except to the extent that such claims involve violations of international humanitarian law.

2. The Commission shall consist of tive arbitrators.

Ea.ch patty shall, by written notice to the United Nations ·secretary General, appoint two members within 45 days the effective date of this Agreement, neither of whom shall be nationals or permanent residents of the party making the appointment.

In the event that a party fails to name one or both of its party-appointed arbitrators within the spccitied time, the Secretary General ofthe United Nations shall make the appointment.

3. The president of the Commission shall be selected by the party-appointed arbitrators or, failing their agreement within 30 days of the date of appointment of the latest party-appointed arbitrator, by the Secretary General of the United Nations after consultation with the parties.

The president shall be neither a national nor permament resident of either party.

4. In the event of the death or resignation of a member of the Commission in the course ofthe proceedings, a substitute member shall be appointed or chosen pursuant to the procedure set forth in this artic.le that was applicahlc to the appointment or choice of the arbitrator being replaced.

5. The Commission shall be located in The Hague.

At its discretion it may hold hearings and conduct investigations in the territory of either party, or at such other location as it deems expedient.

6. The Commission shall be empowered to employ such professional, administrative and clerical staff as it deems necessary to accomplish its work, including establishment of a Registry.

They may also retain consultants and experts to facilitate the .completion of its work.

7. The Commission shall adopt its own rules of procedure based upon the 1992 Pennanent Court of Arbitration Optional Rules for Arbitrating Disputes Between Two States.

All decisions of the Commission shall be made hy a majority of the commissioners.

8. Claims shall be submitted to the Commission by each ofthc pa11ies on its own behalf and on behalf of its nationals, including both natural and juridical persons.

All claims subniilled to the Commission shall be filed no later than one year from the effective date of this Agreement.

Except tor claims submitted to another mutually agreed settlement mechanism in accordance with paragraph 16 or filed in another forum prior to the effective date of this Agreement, the Commission shall be the sole forum for adjudicating claims described in paragraph 1 or filed under paragraph 9 of article, and any such claims which could have been and not submitted by thatdeadline shall be extinguished, in accordance with international law.

9. In appropriate cases, each party may file claims on behalf of persons of Eritrean or Ethiopian origin who may not be its nationals.

Such claims shall be considered by the Commission on the same basis as claims submitted on behalf of that party's nationals.

10. In order to facilitate the expeditious resolution of these disputes the Commission shall be authorized to adopt such methods case management and mass claims.

processing as it deems appropriate, such as expedited procedures for processing claims and checking on a sample basis for further verification only if circumstances warrant.

11. Upon application of either of the parties, the Commission may decide to consider specific claims, or categories of claims, on a priority basis.

12. The Commission shall its work not more than 15 days .after it'is constituted and shall endeavor to complete its work within three years the date when the period for filing claims closes pursuant to paragraph 8.

13. In considering claims, the Commission shall apply relevant rules of international taw.

The Commission shall not have the power to make decisions ex aequo er bono.

14. fnterest, costs and fees may be awarded.

15. The expenses of the Commission shall be borne equally by the parties.

Each party shall pay any invoice from the Commission within 30 days of its receipt.

16. The parties may agree at any time t<> settle outstanding claims, individually or by categories, through direct negotiation or by reference to another mutually agreed settlemenlmccha.nism.

17. Decisions and awards of the Commission shall be final and binding.

The Parties agree to honor all decisions and to pay any monetary awards rendering against them promptly.

18. Each party shall accord to members of the Commission and its .tbe.

privileges and immunities that are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations.

Article 6

This Agreement shall enter into force on the date

The parties.

authorize the Secretary General of the OAU, to register this Agreement with the Secretariat of the United Nations in accordance with Article I02(1) of the Charter of the United Nations:

DONE at Algiers on the twelfth day of December, 2000, in duplicate, in the English language.

[Signatures]