Fourth supplementary agreement to the Ouagadougou Political Agreement

• Country/entity

  Cote d'Ivoire
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Fourth supplementary agreement to the Ouagadougou Political Agreement
• Date

  22 Dec 2008
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Ivorian Civil War (2002 - 2011) )
• Stage

  Implementation/renegotiation
• Conflict nature

  Government
• Peace process

  Cote D'Ivoire: peace process
• Parties

  Laurent Gbagbo
  President of the Republic of Cote d’Ivoire
  
  Guillaume Kigbafori Soro
  Secretary General of the Forces Nouvelles
  
  Blaise Compaore
  President of Burkina Faso Facilitator of the Direct Dialogue
• Third parties

  -
• Description

  This agreed deals with the implementation of the Ouagdougou Accord, providing for specific timetables and commitments regarding implementation, in particular of the DDR and elections process.

• Agreement document

  CI_081222_Fourth supplementary agreement to the Ouagadougou.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

Annex I to the letter dated 30 December 2008 from the Permanent Representative of Burkina Faso to the United Nations addressed to

the President of the Security Council

December 2008

Direct dialogue

Fourth supplementary agreement to the Ouagadougou

Political Agreement

Preamble

The Parties to the Ouagadougou Political Agreement,

Recalling that the Ouagadougou Political Agreement was endorsed by the

Economic Community of West African States, the African Union and the United

Nations,

Aware of the need to complete successfully the peace process initiated by the

Ouagadougou Political Agreement and previous agreements,

Determined fully to meet the commitments made under the Ouagadougou

Political Agreement of 4 March 2007 and the supplementary agreements thereto and

to bring about the reunification of the country in order to establish favourable

conditions for the elections,

Seeking to ensure free, transparent, fair and democratic elections in the

Republic of Côte d’Ivoire as a sign of true national reconciliation and lasting peace,

Desiring to restore Côte d’Ivoire to its place in the West African subregion and

in the community of nations,

Recognizing the arbitration role assigned to the Facilitator by the

Ouagadougou Political Agreement and United Nations Security Council resolution

1765 (2007),

Following consultations held under the auspices of His Excellency Mr. Blaise

Compaoré, President of Burkina Faso and Facilitator of the inter-Ivorian direct

dialogue, from 15 to 16 September 2008 and from 13 to 14 October 2008,

Have agreed as follows:

Chapter I:

Identification and the electoral process

Article 1

The two Parties undertake to do their utmost to ensure that the identification

exercise is a success and that the presidential and legislative elections are conducted

under optimum conditions.

Chapter II:

Defence and security forces

Article 2

The two Parties agree that the legislation relating to the new national army

shall be drafted and signed no later than one month from the date of signature of this

supplementary agreement.

The new national army shall be established no later than

one month from the inauguration of the new President of the Republic.

Pending the establishment of the new national army, the Integrated Command

Centre (CCI) shall continue its activities in accordance with paragraphs 3.1.1, 3.1.2

and 3.1.3 of the Ouagadougou Political Agreement.

Article 3

In order to create a favourable environment for the successful holding of

elections, the two Parties have agreed to reinitiate, without delay and under the

leadership of the CCI and the supervision of the impartial forces, the disarmament

and the stockpiling of weapons of the two former belligerent armies, as well as the

demobilization of ex-combatants of the Forces nouvelles.

In any event, these

operations must be completed no later than two months prior to the date set for the

presidential election.

The weapons collected shall be stockpiled by the CCI under the supervision of

the impartial forces.

The Forces nouvelles shall immediately transmit to the Facilitator, for the CCI,

the list of the 3,400 individuals proposed for assignment to security tasks in order to

ensure their deployment, as soon as possible, alongside the National Police and the

National Gendarmerie, under the command of the CCI.

At the end of the crisis

recovery process, they may apply to take the competitive examinations for

recruitment to the National Police and National Gendarmerie on the basis of the

national recruitment criteria.

The State budget shall cover their expenses.

The Forces nouvelles should also transmit to the Facilitator, for the CCI, the

list of the 600 individuals who, under the Pretoria Agreement, will be deployed

immediately alongside the National Police and the National Gendarmerie under the

command of the CCI.

At the end of the crisis recovery process, they shall be

incorporated into the National Police and the National Gendarmerie.

The State

budget shall cover their expenses.

Article 4

In order to expedite the demobilization of Forces nouvelles ex-combatants, the

Parties invite the Government to pay demobilized ex-combatants a bonus or direct

demobilization grant of five hundred thousand (500,000) CFA francs as a one-time

lump sum.

In any event, the demobilization of the ex-combatants of the armed

forces of the Forces nouvelles (FAFN) must be completed no later than two months

prior to the date set for the presidential election.

Article 5

With regard to the disbanding of militias, the two Parties agree to begin their

disarmament and demobilization, as well as the stockpiling of their weapons, under

the authority of the CCI and under the supervision of the impartial forces,

concurrently with the demobilization of FAFN ex-combatants.

In any event, the

disbanding of militias must be completed no later than two months prior to the date

set for the presidential election.

The weapons collected shall be stockpiled by the CCI under the supervision of

the impartial forces.

In order to expedite the disbanding of militias, the Parties invite the

Government to pay demobilized militia members a bonus or direct demobilization

grant of five hundred thousand (500,000) CFA francs as a one-time lump sum.

Article 6

The two Parties have decided to resolve definitively the issue of quotas for the

incorporation of FAFN members into the new national army based on the proposals

contained in the 5 January 2008 arbitration by the Facilitator:

– The Forces nouvelles shall first identify and prepare a description of their

disarmed ex-combatants and shall transmit the final list to the Facilitator;

– The Forces nouvelles shall then submit to the Government a list of

5,000 eligible ex-combatants for incorporation into the new national army;

– The Government shall settle the issue of the 5,000 ex-combatants of the Forces

nouvelles and shall take the appropriate decisions regarding their incorporation

into the new national army within a maximum of two years;

– Pending their incorporation into the new national army, the FAFN

ex-combatants shall be brought together, under the command of the Chief of

the Forces nouvelles and supported by the impartial forces, for joint basic

training in one military camp in each of the cities of Bouaké, Korhogo, Man

and Séguéla.

Their expenses shall be paid by the Government.

Article 7

The two Parties have decided to resolve the issue of the ranks of FAFN

soldiers who are former members of the Defence and Security Forces (FDS) as

follows:

– The two general officers of the Forces nouvelles shall be assigned the rank of

brigadier general by presidential decree as from the date of adoption of the

Amnesty Law of 12 April 2007;

– Commissioned officers, non-commissioned officers and other listed personnel

who were retired at the outbreak of the crisis shall continue to receive a

pension, provided that they produce the necessary documentation.

Those who

reached the age limit for their rank between the beginning of the crisis and

now shall be eligible to retire, following the process of rank harmonization;

– Commissioned officers, non-commissioned officers and other enlisted

personnel who were members of the FDS and are still considered active staff

shall have their career paths restored, based on the principle of rank

harmonization with their FDS equivalents;

shall receive their pay arrears;

and

shall be incorporated into the new national army as from the date of adoption

of the Amnesty Law of 12 April 2007.

Those who wish to retire or to work for

S/2008/834

08-67405 5

other Government institutions in positions equivalent to the ranks to which

they have been promoted may do so;

– Non-commissioned officers and other enlisted personnel who have been

promoted to the rank of commissioned officer shall maintain their ranks on an

operational basis and shall become eligible for retirement once the crisis

recovery process is completed.

An ordinance to that effect, attached in the

annex hereto, shall be issued by the President of the Republic and shall specify

the conditions of that appointment and the modalities for retirement;

– The soldiers recruited under class 2001/1A for training and incorporation into

the army who are currently in the FAFN ranks shall be hired by the FDS under

the Amnesty Law of 12 April 2007 and incorporated into the new national

army.

Chapter III:

Restoration of the authority of the State and

redeployment of the administration throughout the national territory

Article 8

Recognizing that the country’s failure to achieve reunification and the delay in

bringing about institutional and political normalization constitute serious obstacles

to the holding of fair, transparent and democratic elections, the two Parties agree

that:

– Civil servants shall be assigned to the Centre-North-West (CNO) zone by their

respective ministries and shall assume their duties no later than 15 January

2009;

– Lower court and appeals court judges assigned to the CNO zone shall assume

their duties no later than 15 January 2009.

Their staff shall be appointed by the

supervising ministry and shall begin work no later than 15 January 2009.

– In order to facilitate the reopening of the courts in the CNO zone and to ensure

security throughout the electoral process, the two Parties agree that the FDS

and the FAFN shall make National Police and National Gendarmerie officers,

including criminal investigation officers, available to the CCI in accordance

with article 5 of the third supplementary agreement of 28 November 2007;

– The regional and departmental chiefs and the deputy chiefs assigned to the

CNO zone shall assume their full authority no later than 15 January 2009.

To

that end, a ceremony for the transfer of responsibility shall be organized with

the zone and sector commanders.

Article 9

Redeployment of the tax and customs administration throughout the national

territory, and particularly in the CNO zone, shall begin immediately following the

signature of this Agreement, under the supervision of the Facilitator’s Special

Representative.

a Not transmitted to the Secretariat.

The impartial forces shall help ensure the security of the administration staff

thus deployed.

Chapter IV:

Financing of the crisis recovery process

Article 10

Aware that financing the crisis recovery process is primarily the responsibility

of the Ivorians themselves, the two Parties have decided to implement immediately

the redeployment of the tax and customs administration in the CNO zone on the

basis of a single exchequer in order to give the Government access to the tax

revenue which is not currently being collected and which could finance some

elements of the peace process.

The single exchequer must be established no later

than 15 January 2009.

Article 11

The Government shall provide the financial resources necessary to implement

the activities envisaged in the third supplementary agreement.

Article 12

The two Parties have agreed to seek assistance from Côte d’Ivoire’s technical

and financial partners with a view to the rapid disbursement of the various

contributions pledged at the meetings of the evaluation and monitoring committee

and at donor coordination meetings.

Chapter V:

Final provisions

Article 13

This supplementary agreement extends and supplements the previous

agreements.

In the event of a conflict between its provisions and those of the other

supplementary agreements to the Ouagadougou Political Agreement, the provisions

of this agreement shall prevail.

Article 14

This supplementary agreement shall enter into force as soon as it has been

signed by the Parties and the Facilitator.

Done at Ouagadougou on 22 December 2008

(Signed) Laurent Gbagbo

President of the Republic of Côte d’Ivoire

(Signed) Guillaume Kigbafori Soro

Secretary-General of the Forces nouvelles

(Signed) Blaise Compaoré

President of Burkina Faso

Facilitator of the direct dialogue