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

  • 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.


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