Accord cadre de réforme et de concorde civile

Export agreement:

Export agreement coding (PDF)

Country/entity: Djibouti
Region: Africa (excl MENA)
Agreement name: Accord cadre de réforme et de concorde civile
Date: 7 Feb 2000
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Djibouti Civil War (1991 - 2001)
The Djibouti Civil War, was a conflict in Djibouti between the People's Rally for Progress (RPP) government, principally of Issa in ethnicity and the predominantly Afar rebel group, the Front for the Restoration of Unity and Democracy (FRUD). Djibouti is a multi-ethnic nation with a population of over 828,324 inhabitants and Arabic and French constitute the country's two official languages. Djibouti is a one party dominant state, with the People's Rally for Progress (RPP) controlling the legislature and the executive since its foundation in 1979.

In 1991 a civil war broke out, as a reaction, to the lack of Afar presence in the government, despite representing a considerable percentage of the country's population. Due their lack of political inclusion, the Afar people felt increasingly marginalized and oppressed by the ruling government. When the Afar troops began to capture military posts in the North, the French government moved its troops to the North to assist the RPP government. Peace talks in November 1992 and May 1993 both failed and the conflict resumed with even more severe consequences. A small faction of FRUD signed a peace accord with the government on December 26, 1994, and fighting subsided to some extent with the formation of multi-party political system in 1994. Although a radical faction continued small-scale armed resistance, eventually signing its own peace agreement in 2001 ending the violent conflict.
Stage: Framework/substantive - comprehensive
Conflict nature: Government/territory
Peace process: Djibouti: FRUD process
Parties: For Armed FRUD, The President, Ahmed Dini Ahmed Aboubaker;
For the Government, The Head of Cabinet of the President of the Republic, Ali Guelleh;
Third parties: -
Description: Agreement between the Government of the Republic of Djibouti and the FRUD, aimed at democratic reform following an election. Provided for (1) reparations and indemnities for reintegration of refugees, and for victims; (2) decentralisation and autonomy; (3) democracy and human rights; (4) openness and transparency in public life; (5) civil peace and security. Sissela: This is a framework agreement comprehensively covering the issues of rehabilitation of affected regions, repatriation of civilians and displaced populations, return of or compensation for property and housing, decentralisation and extensive autonomy for affected regions, measures to improve democracy and checks on power, a court of auditors to guarantee more transparency of public affairs, judicial reform, demining, ceasefire, release of civilian and military prisoners, decommissioning, reparations for victims, general amnesty and reinsertion of former members into army and administration.

Agreement document: DJ_000207_Accord cadre de reforme et de concorde civile_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): DJ_000207_Accord Cadre de reforme et de concorde civile.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, PREAMBLE
Recognising that civil peace is the outcome of this process, the bond of brotherhood of all the children of the Republic of Djibouti;
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 1: Reparations and compensation
Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
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): Governance→Political institutions (new or reformed)→General references
Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
• In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.
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: Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
… • In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented
by administrative organisations within which the diverse national communities are fairly represented.

Page 2, ARTICLE 4: GOOD MANAGEMENT OF PUBLIC FUNDS
A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, ARTICLE 2: REFORMS
• The reform shall consist of genuine decentralisation, granting extensive autonomy to the regions concerned. The decentralisation law under preparation shall be studied in more detail by the FRUD signatory of the present Framework Agreement, before being discussed in the near future by Parliament.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... • In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.

Human rights and equality

Human rights/RoL general: Page 1, PREAMBLE
Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;

Page 1, PREAMBLE
… Bearing in mind the importance of constitutional law, respect for the rights of man and for the plurality of opinions, convictions and ideas;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, PREAMBLE
Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;
Human rights and equality→Civil and political rights→Freedom of association
Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
Human rights and equality→Civil and political rights→Other
Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
• In a Republic power, may only be exercised within the framework of functioning democratic republican institutions. These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, ARTICLE 3: DEMOCRACY
No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.
• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.
Mobility/access: Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
ARTICLE 5: CIVIL PEACE AND SECURITY
Peace and injustice are as inseparable as breathing is to life. The achievement of civil peace will firstly restore the damage done, and will ensure justice.
• Laws and regulations shall also be reformed in order to ensure national cohesion and good and transparent management of the nation’s common heritage.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 2, ARTICLE 4: GOOD MANAGEMENT OF PUBLIC FUNDS
A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.
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, PREAMBLE
…Convinced that following an armed confrontation, which opposed members of the national Djiboutian community, it is essential to arrive at global and definitive solutions for the restoration of civil peace by means of dialogue, tolerance and respect for others, which is the only way to maintain the cohesion of the Djiboutian nation, in a stable Republic of Djibouti, where civil peace and harmony prevail, these being essential conditions for human development, the foundation of social and economic progress;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 1, Article 1: Reparations and compensation
Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
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, PREAMBLE
Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
... The two parties shall suspend hostilities.
Police: No specific mention.
Armed forces: Page 1, Article 1: Reparations and compensation
... To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.

Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... Civilian and military personnel of the two parties detained by either side shall be released immediately.

Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
DDR: Security sector→DDR→DDR programmes
Page 2, ARTICLE 5: CIVIL PEACE AND SECURITY
... • Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict. Their presence will not hinder in any way the movement of goods and people. The two parties shall undertake mine clearance of the land and roads which were mined.

Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... Civilian and military personnel of the two parties detained by either side shall be released immediately.
Vetting: No specific mention.
Victims: Page 1, Article 1: Reparations and compensation
Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, Article 1: Reparations and compensation
Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.
To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken. Reparation benefits must be awarded equally to all victims of the conflict.

Page 3, ARTICLE 5: CIVIL PEACE AND SECURITY
... In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses. Other members of FRUD shall be assigned to appropriate civilian or military functions. Effective procedures for their disarmament will be established at that time. Those who suffered material damage shall be compensated. All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.
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: Page 3, ARTICLE 6: IMPLEMENTATION OF THE FRAMEWORK AGREEMENT
The two signatory parties to the present Agreement shall work jointly to implement it comprehensively in its entirety, and any other measures within its framework or relating to its objectives.
Related cases: No specific mention.
Source: UN Peacemaker , https://peacemaker.un.org/sites/peacemaker.un.org/files/DJ_000207_Accord%20Cadre%20de%20reforme%20et%20de%20concorde%20civile.pdf

Reform and Civil Concord Framework Agreement

Paris, February 7, 2000

PREAMBLE

The Government of the Republic of Djibouti and the and the Front for the Restoration of Unity and Democracy (Front Nationale pour la Restauration de l’ Unité et de la Démocratie, FRUD), parties to the present Agreement;

Recognising that liberty, equality and peace in the Republic of Djibouti are fundamentally based on the dignity of the national Djiboutian community and the inalienable nature of their rights;

Bearing in mind the importance of constitutional law, respect for the rights of man and for the plurality of opinions, convictions and ideas;

Convinced that following an armed confrontation, which opposed members of the national Djiboutian community, it is essential to arrive at global and definitive solutions for the restoration of civil peace by means of dialogue, tolerance and respect for others, which is the only way to maintain the cohesion of the Djiboutian nation, in a stable Republic of Djibouti, where civil peace and harmony prevail, these being essential conditions for human development, the foundation of social and economic progress;

Conscious of the need to open a new perspective for the Djiboutian nation and to give meaning to the sacrifices made by the Djiboutian people for twenty two years;

Bearing in mind the government programme submitted to and adopted by the Djiboutian people on April 9, 1999, by the election of His Excellency Mr Ismaïl Omar Guelleh, which recommends rapid democratic reform, so that management of public affairs shall be just and transparent, it is necessary:

• To find solutions for the causes of the civil conflict;

• To avoid renewing, restarting or repeating them;

Recognising that civil peace is the outcome of this process, the bond of brotherhood of all the children of the Republic of Djibouti;

Have agreed the following:

Article 1:

Reparations and compensation

Rehabilitation of the zones affected by the civil conflict shall be carried out to enable the refugee civilian populations, displaced or affected by the conflict, to return to their homes and places of work and production, in the best conditions possible.

To this end, all necessary steps to rehabilitate, restore or compensate fairly all civilian and military victims, for the loss of their homes, businesses, movable or immovable goods, professional equipment and production tools, and plantations, shall be taken.

Reparation benefits must beawarded equally to all victims of the conflict.

ARTICLE 2:

REFORMS

• The reform shall consist of genuine decentralisation, granting extensive autonomy to the regions concerned.

The decentralisation law under preparation shall be studied in more detail by the FRUD signatory of the present Framework Agreement, before being discussed in the near future by Parliament.

ARTICLE 3:

DEMOCRACY

No Republic is viable without democracy, and no democracy is viable without plurality of opinion, and a balance of powers together with freedom to implement them and act to have them recognised.

• Freedoms of association, opinion, expression, to meet, and of the press, which are integral aspects of the great democratic powers, shall be reconfigured by legal dispositions and hence result in a better multiparty system.

• In a Republic power, may only be exercised within the framework of functioning democratic republican institutions.

These must in turn reflect a national consensus which has been freely and democratically developed by means of fair representation, and implemented by administrative organisations within which the diverse national communities are fairly represented.

ARTICLE 4:

GOOD MANAGEMENT OF PUBLIC FUNDS

A Court of Accounts shall be established immediately and begin its investigations with a view to making the management of public funds more transparent.

ARTICLE 5:

CIVIL PEACE AND SECURITY

Peace and injustice are as inseparable as breathing is to life.

The achievement of civil peace will firstly restore the damage done, and will ensure justice.

• Laws and regulations shall also be reformed in order to ensure national cohesion and good and transparent management of the nation’s common heritage.

• Military personnel whose primary mission shall be to protect the national territory from any external threats, shall be reinserted in the posts they held before the civil conflict.

Their presence will not hinder in any way the movement of goods and people.

The two parties shall undertake mine clearance of the land and roads which were mined.

• The two parties shall suspend hostilities.

• Civilian and military personnel of the two parties detained by either side shall be released immediately.

• In addition, members of FRUD, including leaders, rank and file members, soldiers, whether civilians or fighters, who were professionally employed before the conflict, shall be reintegrated in their administrations, institutions, services or businesses.

Other members of FRUD shall be assigned to appropriate civilian or military functions.

Effective procedures for their disarmament will be established at that time.

Those who suffered material damage shall be compensated.

All accusations or charges relating to the armed struggle shall be dropped or cleared in an amnesty.

ARTICLE 6:

IMPLEMENTATION OF THE FRAMEWORK AGREEMENT

The two signatory parties to the present Agreement shall work jointly to implement it comprehensively in its entirety, and any other measures within its framework or relating to its objectives.

ARTICLE 7:

FINAL PROVISIONS

Two copies in French of the present Reform and Civil Concord Framework Agreement shall be prepared, signed by each of the two parties.

An original copy shall be hel d by each party.

It shall be published in the Official Journal of the Republic of Djibouti.

Done at Paris, February 7, 200

For Armed FRUD

The President

Ahmed Dini Ahmed

Aboubaker

For the Government

The Head of Cabinet of the

President of the Republic

Ali Guelleh