Results of the Third Round of Direct Talks: Compromise of Troop Confinement (Lisbon Compromise)

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Country/entity
Morocco
Western Sahara
Region
Middle East and North Africa
Middle East and North Africa
Agreement name
Results of the Third Round of Direct Talks: Compromise of Troop Confinement (Lisbon Compromise)
Date
29 Aug 1997
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Western Sahara Conflict (1973 - 1991) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Morocco-Western Sahara peace process
Parties
Morocco, Frente Polisario
Third parties
Observer nations: Algeria, Mauritania, UNSRSG
Description
Provided for reduction and confinement of Moroccan armed forces in accordance with the settlement plan, and confinement and containment of Frente Polisario armed in locations and numbers as designated by the Special Representative of the Secretary General. Included statement that this compromise would in no way change, alter or affect the internationally recognised boundaries of Western Sahara. Also provided for repatriation of all prisoners of war in accordance with the settlement plan and the continuation of full cooperation with ICRC until completion of the repatriation process, and for release of all Saharan political prisoners or detainees before the referendum campaign.

Agreement document
MO_970829_LisbonCompromise.pdf | 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
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
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)
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.
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
Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

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
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
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
Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
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→General commitments
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.
Police
No specific mention.
Armed forces
No specific mention.
DDR
Security sector→DDR→Demilitarisation provisions
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.

Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.

Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.

Page 1, II. PRISONERS OF WAR
1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.
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 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, II. PRISONERS OF WAR
1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.

Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
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
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.
Related cases
No specific mention.
Source
INCORE, International Conflict Research Institute, Ulster University
http://www.incore.ulst.ac.uk/

Annex II.

Results of the third round of direct talks

Lisbon, 29 August 1997

I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT

1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.

2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania.

Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria.

As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.

3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan.

This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.

II. PRISONERS OF WAR

1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.

III. POLITICAL PRISONERS OR DETAINEES

The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign.

The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.