Accord de Paix et de reconciliation nationale

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Country/entity: Djibouti
Region: Africa (excl MENA)
Agreement name: Accord de Paix et de reconciliation nationale
Date: 26 Dec 1994
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: [Note: Document not signed, although the parties appear to be the Government of Djibouti & FRUD]
The government and FRUD
Third parties: -
Description: Provided for an agreement whereby FRUD agreed to adopt the Djibouti Constitution, and government agreed to future revision of the Constitution. Agreement provided for measures aimed at freedom of movement, return of refugees and displaced persons, and repair of infrastructure. Provided for measures aimed at fairness of forthcoming elections and at education of children affected by war. Provided assurances of: reintegration of combatants; a general amnesty for FRUD combatants and exiles; transformation of FRUD into a political party. Also provided for decentralisation and economic reconstruction. Sissela: The chapters are: general principles, institutions, management of the return to peace, electoral lists and identification papers, school ‘catch-up’, balance within the state apparatus (incl. guarantees for employment and integration into political, military, administrative and socio-economic spheres with quota fixed in a joint agreement in the annex of this agreement), general amnesty, transformation of the FRUD into a political party, decentralisation, and reconstruction, development and economic promotion.

Agreement document: DJ_941226_Accord de paix et de reconciliation nationale_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): DJ_941226_Accord de paix et de reconciliation nationale.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 3, CHAPTER V
DELAYED SCHOOLING
With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1, PREAMBLE
... - taking into account the cultural and socio-economic diversity, and the regional and social inequalities, which characterise Djiboutian society;...
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
d) FRUD shall encourage Djiboutian refugees and displaced persons, who have left the country as a result of the war, to return home.
To this end, FRUD shall provide the Government with a list of names of Djiboutians so affected, in order to provide them with aid and assistance.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons. It shall put in place the resources and measures needed to do this.

State definition

Nature of state (general): Page 1, PREAMBLE
... - mindful that this solution should aim both to consolidate national unity and preserve the territorial integrity of the country;
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: Page 2-3, CHAPTER IV
ELECTORAL LISTS AND IDENTITY CARDS
With regard to the renewal of electoral lists and provision of identity cards, the parties agree:
a) on the need to renew the electoral lists before the next elections;
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Rebels transitioning to political parties
Page 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
1) After the present peace agreement is signed, FRUD shall become a legal political party. Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups.
Civil society: Title III (d): In a provision charging FRUD with encouraging refugees and displaced persons to return, FRUD are charged with nominating concerned citizens of Djibouti to offer aid and assistance
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, CHAPTER II
THE INSTITUTIONS
FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions. The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 3, REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.

Page 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 4, CHAPTER IX
DECENTRALISATION
After the restoration of peace and national reconciliation, extensive decentralisation of competences and resources to territorial units shall begin in the Republic of Djibouti.
A national commission will be established gathering together all of the political groupings in the country, to develop a law project on decentralisation.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 3, REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 3, CHAPTER VI
REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.

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: Page 1, PREAMBLE
... - confident in the good conduct of the president, Al Hadj Hassan Gouled Aptidon, who has been working to open up a democratic process, and put in place institutions which are suitable for the new demands of the international situation, and has underlined the importance of dialogue;

Page 1, PREAMBLE
... - reaffirming their attachment to the universal democratic values defined in the constitution of the Republic of Djibouti;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted.
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 3, CHAPTER V
DELAYED SCHOOLING
With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years.

Page 4, CHAPTER X
ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS
In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses.
The Government shall make all necessary efforts to restart and relaunch development projects which have been stopped or suspended because of the conflict and to this end shall make contact with lenders. New projects will be developed in line with current needs.
The two parties shall solemnly request friendly brother countries to support and contribute to rehabilitation, and to strengthening and consolidating the present agreement.
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons. It shall put in place the resources and measures needed to do this.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
b) The Government shall continue its ongoing efforts to restore damaged public infrastructure (administrative buildings, health centres, water sources, etc.).
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 4, CHAPTER X
ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS
In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses.
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
... - having carried out in-depth analysis of all the questions, origins and causes which led to the armed conflict and crisis, and ascertained all the harmful consequences of the war;
- mindful of the need to protect our country from the tragedies which have befallen some countries in the region;

Page 2, CHAPTER III
MANAGING THE RETURN TO PEACE
a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3, CHAPTER VI
REBALANCING WITHIN STATE INSTITUTIONS
In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.
The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, CHAPTER II
THE INSTITUTIONS
FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions. The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.

Page 3, CHAPTER VII
THE GENERAL AMNESTY
Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety. Their safety shall be guaranteed by the State.

Page 4, CHAPTER VIII
FRUD’S TRANSFORMATION TO A POLITICAL PARTY
1) After the present peace agreement is signed, FRUD shall become a legal political party. Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.
2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups.
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, CHAPTER VII
THE GENERAL AMNESTY
Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety. Their safety shall be guaranteed by the State.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, PREAMBLE
... - convinced that resolving the points of dispute and national reconciliation can only be brought about by the good will of the two parties, and that only the protagonists are able to resolve these differences, in the absence of any intermediary or third person;

Page 2, CHAPTER I
GENERAL PRINCIPLES
This agreement shall constitute the framework for restoring just and definitive peace and reconciliation between the people of Djibouti. Its contents represent a solemn undertaking by the two parties. The State shall guarantee its provisions and their implementation.

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: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/DJ_941226_Accord%20de%20paix%20et%20de%20reconciliation%20nationale.pdf

Peace and National Reconciliation Agreement

Djibouti, December 26, 1994

PREAMBLE

The Government of the Republic of Djibouti and the Front for the Restoration of Unity and Democracy (Front pour la Restauration de l’Unité et de la Démocratie, FRUD), known as the two parties within the framework of this agreement;

- having carried out in-depth analysis of all the questions, origins and causes which led to the armed conflict and crisis, and ascertained all the harmful consequences of the war;

- mindful of the need to protect our country from the tragedies which have befallen some countries in the region;

- wishing to preserve and keep safe what is essential, despite all the obstacles, and taking into account the particular geographic and economic situation of our country;

- confident in the good conduct of the president, Al Hadj Hassan Gouled Aptidon, who has been working to open up a democratic process, and put in place institutions which are suitable for the new demands of the international situation, and has underlined the importance of dialogue;

- convinced that resolving the points of dispute and national reconciliation can only be brought about by the good will of the two parties, and that only the protagonists are able to resolve these differences, in the absence of any intermediary or third person;

- wishing to achieve a negotiated, just and definitive solution to the crisis;

- taking into account the cultural and socio-economic diversity, and the regional and social inequalities, which characterise Djiboutian society;

- mindful that this solution should aim both to consolidate national unity and preserve the territorial integrity of the country;

- reaffirming their attachment to the universal democratic values defined in the constitution of the Republic of Djibouti;

have agreed the following during their peace negotiations in Djibouti:

CHAPTER I

GENERAL PRINCIPLES

This agreement shall constitute the framework for restoring just and definitive peace and reconciliation between the people of Djibouti.

Its contents represent a solemn undertaking by the two parties.

The State shall guarantee its provisions and their implementation.

CHAPTER II

THE INSTITUTIONS

FRUD shall adopt the Constitution, laws and regulations in force in the Republic of Djibouti, and shall respect their provisions.

The revision of certain provisions shall be considered at a later stage and done in accordance with the rules of the Constitution.

CHAPTER III

MANAGING THE RETURN TO PEACE

a) In the context of measures to restore confidence, get rid of the causes of insecurity and restore complete security, in order to improve the movement of people and goods, all barriers and irregular systems of control shall be lifted.

b) The Government shall continue its ongoing efforts to restore damaged public infrastructure (administrative buildings, health centres, water sources, etc.).

c) The Government shall provide aid and assistance to families affected mentally or physically by the war, by the loss of private goods and civilian persons.

It shall put in place the resources and measures needed to do this.

d) FRUD shall encourage Djiboutian refugees and displaced persons, who have left the country as a result of the war, to return home.

To this end, FRUD shall provide the Government with a list of names of Djiboutians so affected, in order to provide them with aid and assistance.

CHAPTER IV

ELECTORAL LISTS AND IDENTITY CARDS

With regard to the renewal of electoral lists and provision of identity cards, the parties agree:

a) on the need to renew the electoral lists before the next elections;

b) to supply national identity cards to young persons of eligible age and to all those who fulfil the necessary requirements;

c) to speed up the supply of replacement birth certificates within all districts.

CHAPTER V

DELAYED SCHOOLING

With regard to delayed schooling, exceptional provisions already made for children whose schooling has been delayed by the war shall continue throughout their school years.

CHAPTER VI

REBALANCING WITHIN STATE INSTITUTIONS

In order to address the concerns of the people, and within the overall aim of exploring together the path to peace, the Government shall ensure that FRUD combatants will be employed and integrated in political, military, administrative and socio-economic sectors, in accordance with the provisions and quotas set by mutual consent between the two parties and recorded in Annex to the present peace agreement.

The provisions on the integration of combatants in the military sector shall address the return of a quota of FRUD combatants together with their arms.

CHAPTER VII

THE GENERAL AMNESTY

Former FRUD combatants and soldiers shall be granted unconditional amnesty for offences carried out before June 12, 1994, and shall hence recover their civilian rights in entirety.

Their safety shall be guaranteed by the State.

CHAPTER VIII

FRUD’S TRANSFORMATION TO A POLITICAL PARTY

1) After the present peace agreement is signed, FRUD shall become a legal political party.

Hence, it shall abandon armed struggle and shall participate fully in the life of the nation, defending its ideas by peaceful means, and it shall be recognised by the Government.

2) FRUD shall participate in the management of national business, in alliance with the party in power, based on the present agreement, and a common political platform for the two groups.

CHAPTER IX

DECENTRALISATION

After the restoration of peace and national reconciliation, extensive decentralisation of competences and resources to territorial units shall begin in the Republic of Djibouti.

A national commission will be established gathering together all of the political groupings in the country, to develop a law project on decentralisation.

CHAPTER X

ON RECONSTRUCTION, DEVELOPMENT AND ECONOMIC STIMULUS

In order to stimulate economic activity in all of the districts in the Interior, the Development Bank of Djibouti shall be recommended to set up a fund for low interest loans, with the aim of creating small development businesses.

The Government shall make all necessary efforts to restart and relaunch development projects which have been stopped or suspended because of the conflict and to this end shall make contact with lenders.

New projects will be developed in line with current needs.

The two parties shall solemnly request friendly brother countries to support and contribute to rehabilitation, and to strengthening and consolidating the present agreement.

CHAPTER XI

FINAL PROVISIONS

The measures for implementing certain provisions in this agreement, and the implementation timetable, are presented in Annex.

Two copies in French of the present Peace and National Reconciliation Agreement shall be prepared, signed by each of the two parties.

An original copy shall be held by each party.

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

Done at Djibouti, December 26, 1994

Signatures