Agreement between the State of Eritrea and the Republic of Djibouti (concerning peaceful settlement of the border dispute)

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Country/entity: Djibouti
Eritrea
Region: Africa (excl MENA)
Agreement name: Agreement between the State of Eritrea and the Republic of Djibouti (concerning peaceful settlement of the border dispute)
Date: 6 Jun 2010
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Ethiopia's Territorial Conflicts (1990 - )
Agreements relate to three distinct (but related) conflict contexts:

Ethiopia-Eritrea. The first relates to the relationship between Ethiopia and Eritrea in the post-1990 period. In 1991, the Eritrean People’s Liberation Front (EPLF) defeated the communist military junta (‘Derg’) in Ethiopia and proclaimed independence for Eritrea. At the same time, Derg itself was overthrown by the Ethiopian Peoples’ Revolutionary Democratic Forces (EPRDF), which established a transitional government in Ethiopia. Eritrea was granted an independence referendum, which resulted in a 99.8 per cent pro-independence vote. However, border tensions and heavy disputes, in particular on minority rights and economic issues, between EPLF and EPRDF led to new fighting between the two countries in 1998. A mediation by the US administration led to a difficult truce and in 2000 a peace agreement was signed. The ruling of the Border Commission established by the agreement was rejected by Ethiopia. The border continued to be heavily occupied by troops on both sides and border skirmishes continued into 2016. In June 2018, after a series of summits, the state of war was declared over in a Joint Declaration of Peace and Friendship, as Ethiopia finally agreed to honour the ruling of the Border Commission. This followed by a series of steps to improve political, economic and diplomatic ties. Transport and telephone links have been re-established, and borders reopened. In July 2018, the countries have signed the ‘Agreement on Peace, Friendship and Comprehensive Cooperation’ reiterating their commitment to achieving long-lasting peace in the region.

Ethiopia-Ogaden. The third relates to the remaining conflict in the Ogaden region. Here the Ogaden National Liberation Front (ONLF) in 1994 waged war against the Ethiopian government, demanding secession from the Ethiopian state and integration into Greater Somalia. Despite signing several agreements, low-intensity guerrilla warfare is still ongoing, although ONLF’s strength significantly declined after 2009. Pursuant to an agreement with the federal government, they have returned from Eritrea to pursue peaceful political struggle and planning to register as a party and participate in 2020 elections.

Ethiopia-internal. The second relates to the attempts to reach settlement between contending groups post the Derg’s overthrow with a negotiated political charter and ‘peace agreement’ constitution.
Stage: Pre-negotiation/process
Conflict nature: Territory
Peace process: Djibouti-Eritrea border dispute peace process
Parties: Republic of Djibouti, (Signed) Ismail Omar Guelleh, President of the Republic of Djibouti; State of Eritrea, (Signed) Isaias Afwerki, President of the State of Eritrea
Third parties: Mediator and witness, State of Qatar, (Signed) Hamad bin Khalifa Al-Thani, Emir of the State of Qatar
Description: This agreement empowers the State of Qatar to act as a mediator to help the parties reach a binding resolution of the border dispute.

Agreement document: DJ ER_100607_AgreementEritreaDjibouti.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: 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): 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: Page 1,
Both parties wishing to charge the State of Qatar to exert efforts as a mediator, with a view to finding a peaceful solution to the border dispute between them,...Have agreed to delegate to the mediator, His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar, full powers to issue a document that includes the legal and technical measures and mechanisms that he considers appropriate for a final and mutually binding resolution of that border dispute. The parties have also agreed to accept the working document that will be announced by the State of Qatar and the subsequent resolution.

Page 5, Executive Document of the Agreement,
Untitled Preamble
Sheikh Hamad bin Jassim fin Jabor AI-Than the Prime Minister and Minister of Foreign Affairs of the State of Qatar announced that based on the authorization of H.E. President Isaias Afewerqi, President of the State of Eritrea, and H. E. President Ismael Omar Guelleh, President of the Republic of Djibouti to His Highness Sheikh bin Khalifa AI-Thani to resolve the boundary difference between them,
Noting by the State of Qatar the withdrawal of the State of Eritrea from the boundary areas subject of the difference, provided that will not constitute recognition of any rights until the final settlement of the difference in accordance with the Agreement, and the verification it carried out, Implementing the instructions of His Highness the Emir,
The following Executive Document of the Agreement has been issued:

Page 5, Executive Document of the Agreement,
Article (l ).
A Committee shall be established under the Chairmanship of Sheikh Hamad bin Jassim bin Jabor AlThani, with one representative from each of the Parties to resolve the boundary difference in accordance with the authorization given by the Two Parties to the State of Mediation.

The Committee shall nominate and appoint with the agreement of the Parties one of the world companies to carry out the demarcation of the frontiers between the two countries, in accordance with the principles and rules known internationally on frontiers demarcation and in a manner conforming to the agreements and the international rules on delimitation of borders binding upon their respective countries.
The Chairman of the Committee may establish committees and have resort to any person he deems appropriate, whether from politicians, technicians, professionals or lawyers, to complete the tasks of the Committee.

Page 5, Executive Document of the Agreement,
Article (2).
The Committee shall aim at putting to an end the frontiers difference between the Parties and the demarcation of the frontiers between their respective countries in a manner which would serve the relations of good neighbourliness.

Page 5, Executive Document of the Agreement,
Article (4).
Each Party shall provide the State of Qatar with all the information, documents, and instruments which would facilitate the work in order to present them to the world company entrusted with the demarcation of the fronries.

Page 6, Executive Document of the Agreement,
Article (5).
The world company agreed upon to demarcate the frontiers shall present the outcome of its work to the Committee referred to in Article (1) of this Document and the decision of the Committee shall be final and I binding upon the Parties.

Page 6, Executive Document of the Agreement,
Article, (6).
The State of Qatar, in its capacity as Mediator in resolving the dispute between the two Parties, shall supervise the monitoring of the borders until such time as the final decision of the Committee referred to in Article (1) of this Document on the settlement of the dispute is announced.

Page 6, Executive Document of the Agreement,
Article (7).
The State of Qatar shall deposit this Agreement and the Executive Document of the. Agreement on the settlement of the boundary difference with the United Nations, the League of Arab States and the African Union.
Cross-border provision: Page 5, Executive Document of the Agreement,
Article (2).
The Committee shall aim at putting to an end the frontiers difference between the Parties and the demarcation of the frontiers between their respective countries in a manner which would serve the relations of good neighbourliness.

Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 5, Executive Document of the Agreement, Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Mediator and witness, State of Qatar (Signed) Hamad bin Khalifa Al-Thani, Emir of the State of Qatar
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

Page 6, Executive Document of the Agreement,
Article, (6).
The State of Qatar, in its capacity as Mediator in resolving the dispute between the two Parties, shall supervise the monitoring of the borders until such time as the final decision of the Committee referred to in Article (1) of this Document on the settlement of the dispute is announced.

Page 6, Executive Document of the Agreement,
Article (7).
The State of Qatar shall deposit this Agreement and the Executive Document of the. Agreement on the settlement of the boundary difference with the United Nations, the League of Arab States and the African Union.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/

A/64/806 S/2010/291

Enclosure

Agreement between the State of Eritrea and the Republic of Djibouti

The Government of the State of Eritrea and the Government of the Republic of Djibouti, hereinafter referred to as “the parties”,

Having considered the request from the President of the Republic of Djibouti for His Highness the Emir of the State of Qatar to intervene in order to resolve the dispute between the Republic of Djibouti and the State of Eritrea,

On the basis of the firm ties between those two countries and the State of Qatar,

Both parties wishing to charge the State of Qatar to exert efforts as a mediator, with a view to finding a peaceful solution to the border dispute between them,

Both parties being deeply appreciative of the State of Qatar’s willingness to assume that role,

Have agreed to delegate to the mediator, His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar, full powers to issue a document that includes the legal and technical measures and mechanisms that he considers appropriate for a final and mutually binding resolution of that border dispute.

The parties have also agreed to accept the working document that will be announced by the State of Qatar and the subsequent resolution.

Republic of Djibouti (Signed) Ismail Omar Guelleh President of the Republic of Djibouti

State of Eritrea (Signed) Isaias Afwerki President of the State of Eritrea

Mediator and witness

State of Qatar (Signed) Hamad bin Khalifa Al-Thani

Emir of the State of Qatar

10-39550

Executive Document of the Agreement

Sheikh Hamad bin Jassim fin Jabor AI-Than the Prime Minister and Minister of Foreign Affairs of the State of Qatar announced that based on the authorization of H.E. President Isaias Afewerqi, President of the State of Eritrea, and H. E. President Ismael Omar Guelleh, President of the Republic of Djibouti to His Highness Sheikh bin Khalifa AI-Thani to resolve the boundary difference between them,

Noting by the State of Qatar the withdrawal of the State of Eritrea from the boundary areas subject of the difference, provided that will not constitute recognition of any rights until the final settlement of the difference in accordance with the Agreement, and the verification it carried out,

Implementing the instructions of His Highness the Emir, The following Executive Document of the Agreement has been issued:

Article (l ).

A Committee shall be established under the Chairmanship of Sheikh Hamad bin Jassim bin Jabor Al-Thani, with one representative from each of the Parties to resolve the boundary difference in accordance with the authorization given by the Two Parties to the State of Mediation.

The Committee shall nominate and appoint with the agreement of the Parties one of the world companies to carry out the demarcation of the frontiers between the two countries, in accordance with the principles and rules known internationally on frontiers demarcation and in a manner conforming to the agreements and the international rules on delimitation of borders binding upon their respective countries.

The Chairman of the Committee may establish committees and have resort to any person he deems appropriate, whether from politicians, technicians, professionals or lawyers, to complete the tasks of the Committee.

Article (2).

The Committee shall aim at putting to an end the frontiers difference between the Parties and the demarcation of the frontiers between their respective countries in a manner which would serve the relations of good neighbourliness.

Article (3).

Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons.

The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons.

All this shall be done under the supervision of the State of Qatar.

Article (4).

Each Party shall provide the State of Qatar with all the information, documents, and instruments which would facilitate the work in order to present them to the world company entrusted with the demarcation of the fronries.

Article(5).

The world company agreed upon to demarcate the frontiers shall present the outcome of its work to the Committee referred to in Article(1) of this Document.

and the decision of the Committee shall be final and I binding upon the Parties.

Article (6).

The State of Qatar, in its capacity as Mediator in resolving the dispute between the two Parties, shall supervise the monitoring of the borders until such time as the final decision of the Committee referred to in Article (1) of this Document on the settlement of the dispute is announced.

Article(7).

The State of Qatar shall deposit this Agreement and the Executive Document of the.

Agreement on the settlement of the boundary difference with the United Nations, the League of Arab States and the African Union.