Accord de Paix et de reconciliation nationale
- Country/entityDjibouti
- RegionAfrica (excl MENA)
- Agreement nameAccord de Paix et de reconciliation nationale
- Date26 Dec 1994
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - comprehensive
- Conflict natureGovernment/territory
- Peace processDjibouti: FRUD process
- Parties[Note: Document not signed, although the parties appear to be the Government of Djibouti & FRUD]
The government and FRUD - Third parties-
- DescriptionProvided for an agreement whereby FRUD agreed to adopt the Djibouti Constitution, and government agreed to future revision of the Constitution. Agreement provided for measures aimed at freedom of movement, return of refugees and displaced persons, and repair of infrastructure. Provided for measures aimed at fairness of forthcoming elections and at education of children affected by war. Provided assurances of: reintegration of combatants; a general amnesty for FRUD combatants and exiles; transformation of FRUD into a political party. Also provided for decentralisation and economic reconstruction. Sissela: The chapters are: general principles, institutions, management of the return to peace, electoral lists and identification papers, school ‘catch-up’, balance within the state apparatus (incl. guarantees for employment and integration into political, military, administrative and socio-economic spheres with quota fixed in a joint agreement in the annex of this agreement), general amnesty, transformation of the FRUD into a political party, decentralisation, and reconstruction, development and economic promotion.
- Agreement document
- Agreement document (original language)
Groups
- Children/youthGroups→Children/youth→SubstantivePage 3, CHAPTER V
DELAYED SCHOOLING
With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years. - Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→RhetoricalPage 1, PREAMBLE
... - taking into account the cultural and socio-economic diversity, and the regional and social inequalities, which characterise Djiboutian society;... - Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→RhetoricalPage 2, CHAPTER III
MANAGING THE RETURN TO PEACE
d) FRUD shall encourage Djiboutian refugees and displaced persons, who have left the country as a result of the war, to return home.
To this end, FRUD shall provide the Government with a list of names of Djiboutians so affected, in order to provide them with aid and assistance. - Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- FamilyPage 2, CHAPTER III
MANAGING THE RETURN TO PEACE
c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons. It shall put in place the resources and measures needed to do this.
State definition
- Nature of state (general)Page 1, PREAMBLE
... - mindful that this solution should aim both to consolidate national unity and preserve the territorial integrity of the country; - 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.
- ElectionsPage 2-3, CHAPTER IV
ELECTORAL LISTS AND IDENTITY CARDS
With regard to the renewal of electoral lists and provision of identity cards, the parties agree:
a) on the need to renew the electoral lists before the next elections; - Electoral commission
No specific mention.
- Political parties reformGovernance→Political parties reform→Rebels transitioning to political partiesPage 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
1) After the present peace agreement is signed, FRUD shall become a legal political party. Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups. - Civil societyTitle III (d): In a provision charging FRUD with encouraging refugees and displaced persons to return, FRUD are charged with nominating concerned citizens of Djibouti to offer aid and assistance
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 2, CHAPTER II
THE INSTITUTIONS
FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions. The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralState levelPage 3, REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.
Page 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups. - Territorial power sharingPower sharing→Territorial power sharing→Federal or similar sub-divided governmentPage 4, CHAPTER IX
DECENTRALISATION
After the restoration of peace and national reconciliation, extensive decentralisation of competences and resources to territorial units shall begin in the Republic of Djibouti.
A national commission will be established gathering together all of the political groupings in the country, to develop a law project on decentralisation. - Economic power sharingPower sharing→Economic power sharing→Sharing of resourcesPage 3, REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms. - Military power sharingPower sharing→Military power sharing→Merger of forcesPage 3, CHAPTER VI
REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.
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.
- DemocracyPage 1, PREAMBLE
... - confident in the good conduct of the president, Al Hadj Hassan Gouled Aptidon, who has been working to open up a democratic process, and put in place institutions which are suitable for the new demands of the international situation, and has underlined the importance of dialogue;
Page 1, PREAMBLE
... - reaffirming their attachment to the universal democratic values defined in the constitution of the Republic of Djibouti; - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/accessPage 2, CHAPTER III
MANAGING THE RETURN TO PEACE
a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted. - 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 3, CHAPTER V
DELAYED SCHOOLING
With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years.
Page 4, CHAPTER X
ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS
In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses.
The Government shall make all necessary efforts to restart and relaunch development projects which have been stopped or suspended because of the conflict and to this end shall make contact with lenders. New projects will be developed in line with current needs.
The two parties shall solemnly request friendly brother countries to support and contribute to rehabilitation, and to strengthening and consolidating the present agreement.Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistancePage 2, CHAPTER III
MANAGING THE RETURN TO PEACE
c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons. It shall put in place the resources and measures needed to do this.Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 2, CHAPTER III
MANAGING THE RETURN TO PEACE
b) The Government shall continue its ongoing efforts to restore damaged public infrastructure (administrative buildings, health centres, water sources, etc.). - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- BusinessPage 4, CHAPTER X
ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS
In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses. - 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 GuaranteesPage 1, PREAMBLE
... - having carried out in-depth analysis of all the questions, origins and causes which led to the armed conflict and crisis, and ascertained all the harmful consequences of the war;
- mindful of the need to protect our country from the tragedies which have befallen some countries in the region;
Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted. - Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDRSecurity sector→DDR→DDR programmesPage 3, CHAPTER VI
REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 2, CHAPTER II
THE INSTITUTIONS
FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions. The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.
Page 3, CHAPTER VII
THE GENERAL AMNESTY
Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety. Their safety shall be guaranteed by the State.
Page 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
1) After the present peace agreement is signed, FRUD shall become a legal political party. Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups. - 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/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 3, CHAPTER VII
THE GENERAL AMNESTY
Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety. Their safety shall be guaranteed by the State. - 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.
- ReconciliationPage 1, PREAMBLE
... - convinced that resolving the points of dispute and national reconciliation can only be brought about by the good will of the two parties, and that only the protagonists are able to resolve these differences, in the absence of any intermediary or third person;
Page 2, CHAPTER I
GENERAL PRINCIPLES
This agreement shall constitute the framework for restoring just and definitive peace and reconciliation between the people of Djibouti. Its contents represent a solemn undertaking by the two parties. The State shall guarantee its provisions and their implementation.
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.
- SourceUN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/DJ_941226_Accord%20de%20paix%20et%20de%20reconciliation%20nationale.pdf
Peace and National Reconciliation Agreement
Djibouti, December 26, 1994
PREAMBLE
The Government of the Republic of Djibouti and the Front for the Restoration of Unity and Democracy (Front pour la Restauration de l’Unité et de la Démocratie, FRUD), known as the two parties within the framework of this agreement;
- having carried out in-depth analysis of all the questions, origins and causes which led to the armed conflict and crisis, and ascertained all the harmful consequences of the war;
- mindful of the need to protect our country from the tragedies which have befallen some countries in the region;
- wishing to preserve and keep safe what is essential, despite all the obstacles, and taking into account the particular geographic and economic situation of our country;
- confident in the good conduct of the president, Al Hadj Hassan Gouled Aptidon, who has been working to open up a democratic process, and put in place institutions which are suitable for the new demands of the international situation, and has underlined the importance of dialogue;
- convinced that resolving the points of dispute and national reconciliation can only be brought about by the good will of the two parties, and that only the protagonists are able to resolve these differences, in the absence of any intermediary or third person;
- wishing to achieve a negotiated, just and definitive solution to the crisis;
- taking into account the cultural and socio-economic diversity, and the regional and social inequalities, which characterise Djiboutian society;
- mindful that this solution should aim both to consolidate national unity and preserve the territorial integrity of the country;
- reaffirming their attachment to the universal democratic values defined in the constitution of the Republic of Djibouti;
have agreed the following during their peace negotiations in Djibouti:
CHAPTER I
GENERAL PRINCIPLES
This agreement shall constitute the framework for restoring just and definitive peace and reconciliation between the people of Djibouti.
Its contents represent a solemn undertaking by the two parties.
The State shall guarantee its provisions and their implementation.
CHAPTER II
THE INSTITUTIONS
FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions.
The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.
CHAPTER III
MANAGING THE RETURN TO PEACE
a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted.
b) The Government shall continue its ongoing efforts to restore damaged public infrastructure (administrative buildings, health centres, water sources, etc.).
c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons.
It shall put in place the resources and measures needed to do this.
d) FRUD shall encourage Djiboutian refugees and displaced persons, who have left the country as a result of the war, to return home.
To this end, FRUD shall provide the Government with a list of names of Djiboutians so affected, in order to provide them with aid and assistance.
CHAPTER IV
ELECTORAL LISTS AND IDENTITY CARDS
With regard to the renewal of electoral lists and provision of identity cards, the parties agree:
a) on the need to renew the electoral lists before the next elections;
b) to supply national identity cards to young persons of eligible age and to all those who fulfil the necessary requirements;
c) to speed up the supply of replacement birth certificates within all districts.
CHAPTER V
DELAYED SCHOOLING
With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years.
CHAPTER VI
REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.
CHAPTER VII
THE GENERAL AMNESTY
Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety.
Their safety shall be guaranteed by the State.
CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
1) After the present peace agreement is signed, FRUD shall become a legal political party.
Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups.
CHAPTER IX
DECENTRALISATION
After the restoration of peace and national reconciliation, extensive decentralisation of competences and resources to territorial units shall begin in the Republic of Djibouti.
A national commission will be established gathering together all of the political groupings in the country, to develop a law project on decentralisation.
CHAPTER X
ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS
In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses.
The Government shall make all necessary efforts to restart and relaunch development projects which have been stopped or suspended because of the conflict and to this end shall make contact with lenders.
New projects will be developed in line with current needs.
The two parties shall solemnly request friendly brother countries to support and contribute to rehabilitation, and to strengthening and consolidating the present agreement.
CHAPTER XI
FINAL PROVISIONS
The measures for implementing certain provisions in this agreement, and the implementation timetable, are presented in Annex.
Two copies in French of the present Peace and National Reconciliation Agreement shall be prepared, signed by each of the two parties.
An original copy shall be held by each party.
It shall be published in the Official Journal of the Republic of Djibouti.
Done at Djibouti, December 26, 1994
Signatures