Accord de Paix et de reconciliation nationale

  • Country/entity
    Djibouti
  • Region
    Africa (excl MENA)
  • Agreement name
    Accord de Paix et de reconciliation nationale
  • Date
    26 Dec 1994
  • 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
    [Note: Document not signed, although the parties appear to be the Government of Djibouti & FRUD]
    The government and FRUD
  • Third parties
    -
  • Description
    Provided 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.


Groups

  • Children/youth
    Groups→Children/youth→Substantive
    Page 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 group
    Groups→Racial/ethnic/national group→Rhetorical
    Page 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 persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 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.

  • Family
    Page 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.

  • Elections
    Page 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 reform
    Governance→Political parties reform→Rebels transitioning to political parties
    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.
  • Civil society
    Title 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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 sharing
    Power sharing→Political power sharing→General
    State level
    Page 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 sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 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 sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 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 sharing
    Power sharing→Military power sharing→Merger of forces
    Page 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.

  • Democracy
    Page 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/access
    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.
  • 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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 assistance
    Page 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 reconstruction
    Page 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.

  • Business
    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.
  • 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
    ... - 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.

  • DDR
    Security sector→DDR→DDR programmes
    Page 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 forces
    Page 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/pardon
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    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.
  • 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.

  • Reconciliation
    Page 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.

  • Source
    UN 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