The Joint Declaration of Fomboni

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Country/entity: Comoros
Anjouan
Region: Africa (excl MENA)
Agreement name: The Joint Declaration of Fomboni
Date: 26 Aug 2000
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Anjouan Crisis (1997 - 2008)
The two islands of Anjouan and Mohéli seceded from the Comoros in 1997, with Anjouan unilaterally declaring independence. In the aftermath of this declaration, political infighting emerged and several coup attempts in Anjouan took place. In 2001, a junta led my Mohamed Bacar was able to consolidate power and he began negotiations with the Comoros. These negotiations resulted in the establishment of a renewed Union of the Comoros with a peace agreement constitution. After the end of his formal term, Bacar launched another coup against his successor, declaring independence again in July 2007. In February 2008, the Comoros army, supported by France and members of the African Union, invaded the island and forced Bacar to leave and the declaration of independence to be withdrawn.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Comoros-Anjouan islands peace process
Parties: For the Governmental Party
Colonel AZALI Assoumani

For the Anjouanaise Party
Lt-Colonel ABEID Said
Third parties: -
Description: This short agreement states the commitment to establish “Nouvel Ensemble Comorien” (New Comorian Union). It also provides for the decentralisation of these different matters: Religion, Nationality, Currency, Foreign relations, External defence. It also defines the table for implementing and negotiating further the decentralisation process.

Agreement document: KM_000826_Joint Declaration Fomboni.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: Groups→Religious groups→Substantive
Page 1:
Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation; and whose fields of competence are enumerated below:
- Religion,...
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): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 2:
...
For the continuation of the process an annexed time-table is established fixing the coming stages leading up to the submission to a referendum of the “Acte Fondamental” (Fundamental Act) which will rule the Union.
State symbols: Page 1:
...The exercise of these prerogatives must take into account the following considerations:
For: RELIGION: The Union must be rooted within Islam in the respect of the principles of tolerance, peace, social cohesion and solidarity characterizing it.
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: No specific mention.
Civil society: No specific mention.
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: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1 - 2:
Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation; and whose fields of competence are enumerated below:

- Religion,
- Nationality,
- Currency,
- Foreign relations,
- External defence.

The exercise of these prerogatives must take into account the following considerations:

For:

RELIGION:
The Union must be rooted within Islam in the respect of the principles of tolerance, peace, social cohesion and solidarity characterizing it.

NATIONALITY:
It is subjected to the Union.
It must be represented on all pieces of identity, particularly the passport where the island of delivery must be stated.

CURRENCY: The parties are of the opinion that a joint currency is a factor of development of exchange within the Union. They recommend the maintaining of the Comorian Franc in the “Franc Zone” as a factor promoting the accomplishment of the integration of the Union.

FOREIGN RELATIONS: In regards to foreign relations, the emphasis is put on the development of islands that remains the source, the target and the implementer of cooperation in all its dimensions.

EXTERNAL DEFENCE: It is subjected to the Union. In this matter, the latter [the Union] should fulfil, in addition to its missions of protecting the frontiers, missions of conceiving, defining, organizing and accomplishing policies of military cooperation with its external partners.
The Parties convene that this list is not exhaustive and that further shared competencies could be defined.

Therefore the Parties decide to initiate a Tripartite Committee, benefiting from the help of experts, charged with the definition of the mechanisms and modes of functioning of the New Comorian Union with the help of the International Community.
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: Rights related issues→Citizenship→Citizen delimitation
Page 1:
Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation; and whose fields of competence are enumerated below:
...
- Nationality,
...
For:
...
NATIONALITY:
It is subjected to the Union.
It must be represented on all pieces of identity, particularly the passport where the island of delivery must be stated.
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: No specific mention.
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: Socio-economic reconstruction→Banks→Central bank
Page 1:
Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation; and whose fields of competence are enumerated below:

...
- Currency,
....

The exercise of these prerogatives must take into account the following considerations:
....
CURRENCY: The parties are of the opinion that a joint currency is a factor of development of exchange within the Union. They recommend the maintaining of the Comorian Franc in the “Franc Zone” as a factor promoting the accomplishment of the integration of the Union.

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: No specific mention.
Police: No specific mention.
Armed forces: Page 1-2:
Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation; and whose fields of competence are enumerated below:

...
- External Defence,
EXTERNAL DEFENCE: It is subjected to the Union. In this matter, the latter [the Union] should fulfil, in addition to its missions of protecting the frontiers, missions of conceiving, defining, organizing and accomplishing policies of military cooperation with its external partners.
DDR: No specific mention.
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: No specific mention.
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: 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:
The stages and the respective length of each one of them are as follows:
1. Establishment of a Monitoring Commission in charge of practical decisions and monitoring their implementation from the signing of the Declaration to the establishment of the Institutions of the New Comorian Union.
Related cases: No specific mention.
Source: http://ucdp.uu.se; http://www.comores-online.com/

THE JOINT DECLARATION OF FOMBONI 26 AUGUST, 2000

In the process of negotiations initiated on 1 July, 1999 in Mohéli and founded on the Inter- Comorian Dialogue as a privileged framework for the resolution of the Comorian crisis,

The Signatories of the present declaration,

- animated by the firm will to come out quickly of the crisis through a just and durable

solution, taking into account the legitimate aspiration of the populations of the islands,

- taking note of the contribution of the International Community,

Have agreed about the establishment of a “Nouvel Ensemble Comorien” (New Comorian Union), sole subject of international right, within its frontiers acknowledged by the international community, respecting the legitimate aspirations of the people of the Islands to their development by strengthening and prioritising decentralised cooperation;

and whose fields of competence are enumerated below:

- Religion,

- Nationality,

- Currency,

- Foreign relations,

- External defence.

The exercise of these prerogatives must take into account the following considerations:

For:

RELIGION:

The Union must be rooted within Islam in the respect of the principles of tolerance, peace, social cohesion and solidarity characterizing it.

NATIONALITY:

It is subjected to the Union.

It must be represented on all pieces of identity, particularly the passport where the island of delivery must be stated.

CURRENCY:

The parties are of the opinion that a joint currency is a factor of development of exchange within the Union.

They recommend the maintaining of the Comorian Franc in the “Franc Zone” as a factor promoting the accomplishment of the integration of the Union.

FOREIGN RELATIONS:

In regards to foreign relations, the emphasis is put on the development of islands that remains the source, the target and the implementer of cooperation in all its dimensions.

EXTERNAL DEFENCE:

It is subjected to the Union.

In this matter, the latter [the Union] should fulfil, 1

in addition to its missions of protecting the frontiers, missions of conceiving, defining, organizing and accomplishing policies of military cooperation with its external partners.

The Parties convene that this list is not exhaustive and that further shared competencies could be defined.

Therefore the Parties decide to initiate a Tripartite Committee, benefiting from the help of experts, charged with the definition of the mechanisms and modes of functioning of the New Comorian Union with the help of the International Community.

For the continuation of the process an annexed time-table is established fixing the coming stages leading up to the submission to a referendum of the “Acte Fondamental” (Fundamental Act) which will rule the Union.

Given the significant outcome of the Inter Comorian Dialogue, which unequivocally shows the joint commitment to create favourable conditions for the reinforcement of a favourable climate for the pursuit of the [peace] process that has thus begun.

The Parties agree about the necessity to lift the embargo concerning Anjouan already at the signing of the present Declaration.

The Parties insistently ask the International Community to accompany these dynamics and to act with them for the total lifting of the embargo.

Time-table of the process of settling the crisis

This time-table, annexed to the Joint Declaration signed by the two Parties for the settlement crisis will spread over a period of 12 months maximum to be counted from the date of the signing of the Joint Declaration.

The stages and the respective length of each one of them are as follows:

1. Establishment of a Monitoring Commission in charge of practical decisions and monitoring their implementation from the signing of the Declaration to the establishment of the Institutions of the New Comorian Union.

2. Establishment of the Tripartite Committee and search for international expertise:

2 months.

3. Formulating the Draft Project of the Fundamental Act by the Tripartite Committee:

3 months.

4. General debate on the Draft Project of the Fundamental Act:

3 months.

5. Final edition of the Draft Project:

1 month.

6. Campaign for the adoption of the Fundamental Act:

1 month.

In its transitional dispositions, the Fundamental Act will set the time-table for the implementation of the new institutions within a period which will not exceed six months after the date of its adoption.

For the Governmental Party

Colonel AZALI Assoumani For the Anjouanaise Party Lt-Colonel ABEID Said