Accord de paix entre le gouvernement de la République du Tchad et le Mouvement National (MN)

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Country/entity
Chad
Region
Africa (excl MENA)
Agreement name
Accord de paix entre le gouvernement de la République du Tchad et le Mouvement National (MN)
Date
25 Jul 2009
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Chadian Conflicts (1966 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Chad: Fourth War Process
Parties
- For the Republic of Chad
- For the National Movement (MN)
Third parties
- For the Community of Sahel-Saharan States (CEN-SAD)
- For the Socialist People’s Libyan Arab Jamahiriya

Page 1, Untitled Preamble:
- Responding to the calls for peace from the leaders of our brother countries and friends, in particular that of our brother Guide MOAMMAR AL-GHADDAFI, Guide of the Great Libyan Revolution of Al-Fateh, High Peace Mediator in CEN-SAD space, current President of the African Union;
Description
Almost identical to the Peace Agreement signed on October 25, 2007, this short agreement provides for amnesty for members of National Movement, prisoners release, the transformation of the National Movement into a political party, integration of its members into the government, command structures of the Army and public administration, disarmament for the combatants who wish to, and an immediate ceasefire.

Agreement document
TD_090725_Accord de Paix entre Tchad et le Mouvement National_tr.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
Groups→Refugees/displaced persons→Substantive
Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.
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
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
Governance→Political parties reform→Rebels transitioning to political parties
Page 2, Article 4:
The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business. It will be represented at all levels of executive power. To this effect a Government and National Movement (MN) political commission will be established.

Page 2, Article 5:
The National Movement (MN), signatory to the present Agreement, may if it so wishes, become a political party in compliance with the statutes and texts which govern political life in the Republic of Chad.
Civil society
Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.
Traditional/religious leaders
No specific mention.
Public administration
Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
Constitution
Governance→Constitution→Constitution affirmation/renewal
Page 1, Article 1:
To respect the Constitution of the Republic of Chad.

Power sharing

Political power sharing
Power sharing→Political power sharing→Executive coalition
State level
Page 2, Article 4:
The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business. It will be represented at all levels of executive power. To this effect a Government and National Movement (MN) political commission will be established.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Power sharing→Military power sharing→Merger of forces
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
Power sharing→Military power sharing→Joint command structures
Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Human rights and equality

Human rights/RoL general
Page 1, Untitled Preamble:
- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
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
Rights related issues→Media and communication→Media roles
Page 1, Article 2:
An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Untitled Preamble:
- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

Page 2, Article 10:
The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
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→Ceasefire provision
Page 1, Article 2:
An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.
Police
No specific mention.
Armed forces
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.
DDR
Security sector→DDR→DDR programmes
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Article 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.

Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.

Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.

Page 2, Article 11:
A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Page 2, Article 12:
The two parties thank the Guide of the Al-Fateh Revolution for all of the efforts made, and ask him to use all his powers to persuade the other brothers to join the present Agreement.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 2, Article 10:
The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.
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, Article 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.
Transitional justice→Amnesty/pardon→Relief of other sanctions
Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, Article 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.
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
- For the Community of Sahel-Saharan States (CEN-SAD)
- For the Socialist People’s Libyan Arab Jamahiriya
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 2, Article 11:
A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Page 2, Article 14:
In case of any disagreement in applying the present Agreement, each of the signatory parties may refer for arbitration to the High Peace Mediator.

Page 2, Article 15:
The Socialist People’s Libyan Arab Jamahiriya is the guarantor for implementation of the present Agreement.
Related cases
No specific mention.
Source
http://www.peacemaker.un.org/

PEACE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHAD AND THE NATIONAL MOVEMENT (MN)

- Considering that since its independence, political and institutional evolution in Chad has been turbulent, and it is only respect for democratic values which has provided some stability;

- In line with the provisions of the United Nations Charter, the Treaties of the African Union and of the Community of Sahel-Saharan States, on peace and the resolution of conflicts by peaceful means;

- Mindful of the need to establish a just and durable peace throughout the national territory of Chad and convinced of the evident desire of the Government of the Republic of Chad and the National Movement (FSR, UFDD-R and MNR) to favour dialogue to resolve the country’s problems;

- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

- Responding to the calls for peace from the leaders of our brother countries and friends, in particular that of our brother Guide MOAMMAR AL-GHADDAFI, Guide of the Great Libyan Revolution of Al-Fateh, High Peace Mediator in CEN-SAD space, current President of the African Union;

- In view of the Peace Agreement signed on October 25, 2007, in Sirte in Libyan Arab Jamahiriya;

representatives of the African Union, of CEN-SAD, of the Arab League, of the European Union, of our neighbours in Chad and other brother countries, honoured us with their presence at the opening and closure ceremonies.

The Government of the Republic of Chad and the National Movement (MN) agree the following:

Article 1:

To respect the Constitution of the Republic of Chad.

Article 2:

An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.

Article 3:

A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties.

An amnesty for condemned persons will be granted with the greatest urgency.

This amnesty will not apply to persons who have committed offences under common law.

Article 4:

The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business.

It will be represented at all levels of executive power.

To this effect a Government and National Movement (MN) political commission will be established.

Article 5:

The National Movement (MN), signatory to the present Agreement, may if it so wishes, become a political party in compliance with the statutes and texts which govern political life in the Republic of Chad.

Article 6:

National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces.

Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement.

During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Article 7:

The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Article 8:

The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts.

Integration of members of the National Movement (MN) in public administration according to their training and qualifications.

Article 9:

The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.

Article 10:

The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.

Article 11:

A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Article 12:

The two parties thank the Guide of the Al-Fateh Revolution for all of the efforts made, and ask him to use all his powers to persuade the other brothers to join the present Agreement.

Article 13:

The two parties undertake to scrupulously observe the clauses of the present Agreement.

Article 14:

In case of any disagreement in applying the present Agreement, each of the signatory parties may refer for arbitration to the High Peace Mediator.

Article 15:

The Socialist People’s Libyan Arab Jamahiriya is the guarantor for implementation of the present Agreement.

Done in Tripoli, July 25, 2009

For the Republic of Chad

For the National Movement (MN)

For the Community of Sahel-Saharan States (CEN-SAD)

For the Socialist People’s Libyan Arab Jamahiriya