Accord de N'Djamena sur la normalisation des relations entre le Tchad et le Soudan

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Country/entity: Chad
Sudan
Region: Africa (excl MENA)
Agreement name: Accord de N'Djamena sur la normalisation des relations entre le Tchad et le Soudan
Date: 15 Jan 2010
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Chadian Conflicts (1966 - )
The political history of Chad has been defined by ethno-religious conflict following independence from France in 1960, particularly between the Islamic north and the Christian and animist south. Although prevalent during the colonial era, this became particularly apparent under Tombalbaye during his 15-year rule (1960-1975), which saw mass discrimination against the Muslim northern and central regions. In 1966, the Islamist National Liberation Front on Chad (FROLINAT) was formed, but the movement was defined by factionalism and in-fighting, often encouraged by Libyan government policies, until the civil war ended in 1993. In 1975 Tombalbaye was killed during a coup, and the country reverted to military rule. Constant pressure from the various FROLINAT factions, however, caused then-ruler General Felix Malloum to align himself with Hissene Habre, a rebel leader formerly-aligned with FROLINAT, but then-commander of the Forces Armées du Nord (FAN). In 1978, Libyan troops also occupied the Aouzou Strip (See Libyan-Chadian Conflict). Meanwhile, Habre’s FROLINAT competitor, Goukouni Oueddei, gathered the majority of the northern insurgent factions, and the ensuing civil war between 11 factions eroded the capabilities of the state. In 1979, the Lagos Accords created a unity government (GUNT) that briefly convened the factions, but infighting between Habre and Goukouni’s forces broke out soon after.

Habre finally gained control of N’Djamena in 1982, but faced continuing insurgent pressure from GUNT. This changed in the mid-1980s when all forces in Chad aligned themselves against the Libyan occupation and expelled them from Chad. Infighting in Habre’s regime, meanwhile, saw the defection of General Idriss Deby to Sudan, where he launched a Zaghawa campaign against the President and took the capital in December 1990 with Libyan-backing. Deby was announced President in early 1991, and to ease fighting he announced elections, which he won, in 1996. A number of short-lived peace deals were signed with several rebel factions in 1997, but fighting continued. In 2003, an influx of over 200,000 refugees from Darfur complicated the matter further, and in 2005 Chad declared war on Sudan, which was backing the Chadian rebel group, Rally for Democracy and Liberty. A series of battles ensued across Chad culminating in the Battle of N’Djamena in 2008. The latest war ended in 2010 with a peace accord signed between Sudan and Chad.

In 2021, the FACT (Front pour l’Alternance et la Concorde au Tchad: Front for Change and Concord in Chad) attacked the Chadian military on the eve of presidential elections. President Idriss Déby was killed in the attack, and the army formed a Transitional Military Council (TMC).
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: Chad-Sudan Agreements
Parties: the Governments of the Republic of Chad and of the Republic of Sudan

Signatures:
For the Republic of Chad, Moussa Faki Mahamat
For the Republic of Sudan, Ghazi Salahadine Al-ATABANI
Third parties: -
Description: In this agreement, the partis commit to take steps to normalise their relations; to end the existence of and support for any hostile activity by rebel groups operating in either country; to call on these armed groups to accept peace; as well as demobilised them and offer refugee status to the demobilised who do not wish to go back to their country.

Agreement document: SD_TD_100115_Accord de Ndjaema_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): SD TD_100115_Accord de Ndjamena.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: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, Article 6:
In respect of the provisions in Articles 1 and 2 of the present Agreement, the two Parties shall encourage the hostile armed groups to accept the calls for peace of their respective Governments; failing this they will be disarmed and neutralised. The neutralised and disarmed groups will have the choice of returning to their countries of origin, or to remain in the host country as refugees, on the basis of a list of names agreed by the respective Governments of the two countries. Those seeking refugee status who do not appear in this list must be sent to a third country.
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: 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: Page 1, Article 1:
Chad will implement measures to end the existence of and support for, and any hostile activity by, Sudanese rebel groups against Sudan, from Chadian territory. This process must be completed by February 21, 2010;

Page 1, Article 2:
Sudan will implement measures to end the existence of and support for, and any hostile activity by, Chadian armed groups against the Government of the Republic of Chad, from Sudan. This process must be completed by February 21, 2010;

Page 1, Article 4:
Until the complete implementation of the Frontier Security Protocol and complete deployment of Forces, the two Parties, through coordination by the joint bilateral Military-Security Commission, must prevent any hostilities against either of the two States from their respective territories from now until February 21, 2010;

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: 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: No specific mention.
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: Page 1, Article 3:
To implement the additional Chadian-Sudanese Security Protocol signed by experts from the two countries at Ndjamena on January 15, 2010. This process will take place concurrently with provisions 1 and 2 of the current agreement and Forces will be fully deployed by February 21, 2010, after the effective implementation of points 1 and 2 of this agreement;
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Article 4:
Until the complete implementation of the Frontier Security Protocol and complete deployment of Forces, the two Parties, through coordination by the joint bilateral Military-Security Commission, must prevent any hostilities against either of the two States from their respective territories from now until February 21, 2010;
Police: No specific mention.
Armed forces: Page 1, Article 4:
Until the complete implementation of the Frontier Security Protocol and complete deployment of Forces, the two Parties, through coordination by the joint bilateral Military-Security Commission, must prevent any hostilities against either of the two States from their respective territories from now until February 21, 2010;
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, Article 6:
In respect of the provisions in Articles 1 and 2 of the present Agreement, the two Parties shall encourage the hostile armed groups to accept the calls for peace of their respective Governments; failing this they will be disarmed and neutralised. The neutralised and disarmed groups will have the choice of returning to their countries of origin, or to remain in the host country as refugees, on the basis of a list of names agreed by the respective Governments of the two countries. Those seeking refugee status who do not appear in this list must be sent to a third country.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 1:
Chad will implement measures to end the existence of and support for, and any hostile activity by, Sudanese rebel groups against Sudan, from Chadian territory. This process must be completed by February 21, 2010;

Page 1, Article 2:
Sudan will implement measures to end the existence of and support for, and any hostile activity by, Chadian armed groups against the Government of the Republic of Chad, from Sudan. This process must be completed by February 21, 2010;

Page 1, Article 6:
In respect of the provisions in Articles 1 and 2 of the present Agreement, the two Parties shall encourage the hostile armed groups to accept the calls for peace of their respective Governments; failing this they will be disarmed and neutralised. The neutralised and disarmed groups will have the choice of returning to their countries of origin, or to remain in the host country as refugees, on the basis of a list of names agreed by the respective Governments of the two countries. Those seeking refugee status who do not appear in this list must be sent to a third country.
Withdrawal of foreign forces: Page 1, Article 3:
To implement the additional Chadian-Sudanese Security Protocol signed by experts from the two countries at Ndjamena on January 15, 2010. This process will take place concurrently with provisions 1 and 2 of the current agreement and Forces will be fully deployed by February 21, 2010, after the effective implementation of points 1 and 2 of this agreement;

Page 1, Article 4:
Until the complete implementation of the Frontier Security Protocol and complete deployment of Forces, the two Parties, through coordination by the joint bilateral Military-Security Commission, must prevent any hostilities against either of the two States from their respective territories from now until February 21, 2010;
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: No specific mention.
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: 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://peacemaker.un.org

FINAL JOINT COMMUNIQUE

A Sudanese delegation led by Dr Ghazi Salahaddine Atabani, Special Advisor of President Omar Hassan Ahmad Al Bachir, in charge of the Darfur dossier, visited Ndjamena on Friday January 15, 2010.

It had meetings with a Chadian delegation led by the Minister of Exterior Relations Moussa Faki Mahamat, on concrete measures for the normalisation of relations between Chad and Sudan.

The two delegations finalised and signed a Normalisation Agreement between the two countries as well as an Additional Frontier Security Protocol.

The two delegations agreed to take steps to end the existence of and support for, and any hostile activity by, rebel groups operating in either country.

The two countries agreed to implement those measures needed to secure their common border and to maintain regular contact in order to realise their objectives.

The two parties call on the armed groups to accept the call for peace issued by their respective governments.

The two delegations congratulated themselves on the spirit of comprehension and sincerity in which all the bilateral meetings held in Ndjamena since October 2009 have been held.

The Sudanese delegation thanks the President of the Republic of Chad, his Government and the people of Chad for the warm and fraternal welcome extended to it during its visits to Ndjamena.

Done in Ndjamena, January 15, 2010