Results of the Third Round of Direct Talks: Compromise of Troop Confinement (Lisbon Compromise)

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Country/entity: Morocco
Western Sahara
Region: Middle East and North Africa
Agreement name: Results of the Third Round of Direct Talks: Compromise of Troop Confinement (Lisbon Compromise)
Date: 29 Aug 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Western Sahara Conflict (1973 - 1991)
Conflict in Western Sahara began as an insurgency by the Polisario Front against Spanish colonization in 1973. Two years later, Spain withdrew from the territory. Following the annexation of the territory by Morocco and Mauritania in 1976, the insurgency continued. After proclaiming the establishment of the Sahrawi Arab Democratic Republic (SADR) in 1976, the Polisario Front succeeded in gaining recognition by several states, but was not admitted into the United Nations. Instead, the territory was annexed by Morocco and Mauritania, sparking a 16-year resistance by the Algerian-backed Polisario Front. Following a withdrawal by Mauritania in 1979, the conflict reached a stalemate through the 1980s and then reignited in 1989 until a ceasefire in 1991. At the time 80 per cent of the territory was under the de facto control of Morocco, while 20 per cent continued to be held by the SADR including the refugee camps along the Algerian border. Unrest has continued to erupt at intervals in from 1999-2004, 2005, 2010 and 2011. Attempts to solve the conflict have manifested in the form of the Baker Plan (2000) and the Moroccan Initiative (2006-2008).
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Morocco-Western Sahara peace process
Parties: Morocco, Frente Polisario
Third parties: Observer nations: Algeria, Mauritania, UNSRSG
Description: Provided for reduction and confinement of Moroccan armed forces in accordance with the settlement plan, and confinement and containment of Frente Polisario armed in locations and numbers as designated by the Special Representative of the Secretary General. Included statement that this compromise would in no way change, alter or affect the internationally recognised boundaries of Western Sahara. Also provided for repatriation of all prisoners of war in accordance with the settlement plan and the continuation of full cooperation with ICRC until completion of the repatriation process, and for release of all Saharan political prisoners or detainees before the referendum campaign.

Agreement document: MO_970829_LisbonCompromise.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.
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: No specific mention.
Civil society: Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.

Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.

Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan. This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.

Page 1, II. PRISONERS OF WAR
1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.
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 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, II. PRISONERS OF WAR
1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

Page 1, II. PRISONERS OF WAR
2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.

Page 1, III. POLITICAL PRISONERS OR DETAINEES
The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign. The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT
2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania. Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria. As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.
Related cases: No specific mention.
Source: INCORE, International Conflict Research Institute, Ulster University
http://www.incore.ulst.ac.uk/

Annex II.

Results of the third round of direct talks

Lisbon, 29 August 1997

I. COMPROMISE AGREEMENT ON TROOP CONFINEMENT

1. The parties agree that Moroccan armed forces will be reduced and confined or contained in all respects strictly in accordance with the provisions of the settlement plan.

2. The parties and the observer nations of Algeria and Mauritania also agree that Frente POLISARIO armed forces will be confined or contained in locations and numbers as designated by the Special Representative of the Secretary-General (as called for in the settlement plan) provided, however, that no more than 2,000 individuals may be confined or contained on the territory of Western Sahara east of the sand berm and no more than 300 individuals on the territory of Mauritania.

Frente POLISARIO armed forces over and above the number designated by the Special Representative of the Secretary-General for confinement or containment in Westen Sahara east of the sand berm and in Mauritania shall be confined or contained on the territory of Algeria.

As far as the locations of the troops to be confined and contained in Algeria and Mauritania are concerned, these locations will be identified in coordination with the Algerian and Mauritanian authorities.

3. This compromise agreement is for the sole purpose of further defining the rights and responsibilities of the parties and the observer nations regarding confinement or containment of troops for the purpose of carrying out the settlement plan and the referendum called for in such plan.

This compromise shall in no way change, alter or otherwise affect the internationally recognized boundaries of Western Sahara, and shall not serve as precedent for any argument that such boundaries have changed or been altered.

II. PRISONERS OF WAR

1. The parties agree that all prisoners of war will be repatriated in accordance with the provisions of the settlement plan.

2. The parties further agree that they will continue their full cooperation with the International committee of the Red Cross until the completion of the repatriation process.

III. POLITICAL PRISONERS OR DETAINEES

The parties agree that any and all Saharan political prisoners or detainees will be released, pursuant to the amnesty envisioned in the settlement plan, before the beginning of the referendum campaign.

The parties further agree that they will fully cooperate with the Independent Jurist in carrying out his duties.