Troisième Accord Complémentaire à l'Accord Politique de Ouagadougou

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Country/entity: Cote d'Ivoire
Region: Africa (excl MENA)
Agreement name: Troisième Accord Complémentaire à l'Accord Politique de Ouagadougou
Date: 28 Nov 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Ivorian Civil War (2002 - 2011)
The Ivorian civil war broke out in 2002 over the disqualification of Alassane Ouattara from the predominantly Muslim north for the presidential elections due to his missing “Ivoirity”. This concept, politically enforced by nationalist forces around President Laurent Ggagbo in the South of the country and in the capital Abidjan, demanded that both parents of a presidential candidate had to be born in Cote D’Ivoire. Despite several agreements and French military involvement the fighting continued until 2005, when a South African mediation attempt – and the qualification of the national football squad for the World Cup in 2006 – helped to end the fighting. The situation remained unstable even with a UN peacekeeping force in place. Renewed fighting broke out after the presidential elections in 2010 where Ouattara was allowed to run, but he lost the elections under unclear circumstances and perceptions of fraud. Finally, Ggagbo was arrested in April 2011 by French-backed forces supporting Ouattara.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Cote D'Ivoire: peace process
Parties: President Gbagbo and the General Secretary of the Nouvelles Forces
Third parties: The president Compaore of Burkina Faso in his function as president of CEDEAO and facilitator
Description: This agreement adds to paragraphs 1.2., 3.2., 4.2. and 4.4. of the Ouagagadou Agreement. It deals with the issues relating to ex-combatants (demobilisation, reinsertion, integration, payments etc.), redeployment of administration across the territory, mixed units in the Centre de commandement intégré which will oversee demobilisation alongside impartial forces. It also covers amnesty provisions, restitution of careers, integration quotas, reconstitution of destroyed civil registers, regular meetings, and presidential elections.

Agreement document: CI_071128_Troisieme Accord Complementaire a l'Accord Politique de Ouagadougou_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CI_071128_Troisieme Accord Complementaire a l'Accord Politique de Ouagadougou.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): 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: Page 2, Article 12
The two Parties agree that the Presidential election will take place no later than the first week of the year 2008, according to a timetable to be proposed to the Government by the CEI, in accordance with the relevant provisions of the Electoral Code.
In order to do this, the operations of identification and registration on the electoral roll must be fully completed.
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 1
The two parties agree that the Regrouping of ex-combatants, the storage of arms and the dismantling of militias will start no later than December 22, 2007, under the command of the Integrated Command Centre (CCI) and supervised by the Impartial Forces.
In order to implement this Regrouping, the two Parties agree to start recruiting to the Civic Service no later than December 22, 2007, in accordance with paragraph 3 of the Ouagadougou Political Agreement, and based in the sites already prepared for this purpose.

Page 1, Article 4
The two Parties agree that the redeployment of the Administration and of public services throughout the national territory, foreseen in paragraph 4.2. of the Ouagadougou Political Agreement, will be complete by January 30, 2008, at the latest.

Page 1, Article 3
In order to expedite the re-establishment of the authority of the State and redeployment of the Administration throughout the national territory, the Parties agree to begin the redeployment of the fiscal and customs Administration by December 30, 2007, at the latest, based on the principle of unifying the funds, for which the Government will define the process.
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: Power sharing→Military power sharing→Merger of forces
Page 1, Article 5
In order to provide security for all operations related to the peace process, foreseen in paragraphs 3.1.3. and 4.4. of the Ouagadougou Political Agreement, the two Parties agree that the Defence and Security Forces (FDS) will make elements of the National Police and the National Gendarmerie available to the Integrated Command Centre (CCI), for the purpose of creating mixed units, which will be supported by the impartial forces.
For this purpose they also agree that the FAFN will make available to the CCI elements including six hundred (600) elements resulting from the Pretoria Agreement.

Page 1, Article 7
The two Parties agree that all the militants of the FAFN who were regular members of the National Armed Forces of the Ivory Coast, the Gendarmerie and the paramilitary units, will be reintegrated in the New National Army and will be able to resume their careers.

Page 1, Article 8
The two Parties agree to refer to arbitration by the Facilitator to establish integration quotas for elements of the FAFN.
Power sharing→Military power sharing→Joint command structures
Page 2, Article 1
The two parties agree that the Regrouping of ex-combatants, the storage of arms and the dismantling of militias will start no later than December 22, 2007, under the command of the Integrated Command Centre (CCI) and supervised by the Impartial Forces.

Page 1, Article 6
By adopting Ordinance No 2007-457 of April 12, 2007, on the amnesty law, the two Parties agree that the Government will re-establish the soldes avec rappel of FAFN elements of the National Armed Forces of the Côte d’Ivoire, the Gendarmerie and the paramilitary units, with effect from the date of signature of this ordinance.

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: 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: Socio-economic reconstruction→Taxation→Reform of taxation
Page 1, Article 3
In order to expedite the re-establishment of the authority of the State and redeployment of the Administration throughout the national territory, the Parties agree to begin the redeployment of the fiscal and customs Administration by December 30, 2007, at the latest, based on the principle of unifying the funds, for which the Government will define the process.
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: No specific mention.
Police: Page 1, Article 5
In order to provide security for all operations related to the peace process, foreseen in paragraphs 3.1.3. and 4.4. of the Ouagadougou Political Agreement, the two Parties agree that the Defence and Security Forces (FDS) will make elements of the National Police and the National Gendarmerie available to the Integrated Command Centre (CCI), for the purpose of creating mixed units, which will be supported by the impartial forces.
For this purpose they also agree that the FAFN will make available to the CCI elements including six hundred (600) elements resulting from the Pretoria Agreement
Armed forces: Page 1, Article 2
In order to facilitate the Disarmament, Reinsertion and Demobilisation Process (DDR), foreseen in paragraph 3.2.1 of the Ouagadougou Political Agreement, the two Parties agree to transfer a fixed monthly sum to the Government, the amounts to be fixed by decree of the Council of Ministers, to cover the operations of demobilisation, provisioning and taking responsibility for ex-combatants, until their reinsertion and reintegration in the Defence and Security Forces (FDS) or in civilian life.

Page 1, Article 5
In order to provide security for all operations related to the peace process, foreseen in paragraphs 3.1.3. and 4.4. of the Ouagadougou Political Agreement, the two Parties agree that the Defence and Security Forces (FDS) will make elements of the National Police and the National Gendarmerie available to the Integrated Command Centre (CCI), for the purpose of creating mixed units, which will be supported by the impartial forces.
For this purpose they also agree that the FAFN will make available to the CCI elements including six hundred (600) elements resulting from the Pretoria Agreement.

Page 1, Article 6
By adopting Ordinance No 2007-457 of April 12, 2007, on the amnesty law, the two Parties agree that the Government will re-establish the soldes avec rappel of FAFN elements of the National Armed Forces of the Côte d’Ivoire, the Gendarmerie and the paramilitary units, with effect from the date of signature of this ordinance.
DDR: Security sector→DDR→DDR programmes
Page 2, Article 1
The two parties agree that the Regrouping of ex-combatants, the storage of arms and the dismantling of militias will start no later than December 22, 2007, under the command of the Integrated Command Centre (CCI) and supervised by the Impartial Forces.
In order to implement this Regrouping, the two Parties agree to start recruiting to the Civic Service no later than December 22, 2007, in accordance with paragraph 3 of the Ouagadougou Political Agreement, and based in the sites already prepared for this purpose.

Page 1, Article 2
In order to facilitate the Disarmament, Reinsertion and Demobilisation Process (DDR), foreseen in paragraph 3.2.1 of the Ouagadougou Political Agreement, the two Parties agree to transfer a fixed monthly sum to the Government, the amounts to be fixed by decree of the Council of Ministers, to cover the operations of demobilisation, provisioning and taking responsibility for ex-combatants, until their reinsertion and reintegration in the Defence and Security Forces (FDS) or in civilian life.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 6
By adopting Ordinance No 2007-457 of April 12, 2007, on the amnesty law, the two Parties agree that the Government will re-establish the soldes avec rappel of FAFN elements of the National Armed Forces of the Côte d’Ivoire, the Gendarmerie and the paramilitary units, with effect from the date of signature of this ordinance.

Page 1, Article 7
The two Parties agree that all the militants of the FAFN who were regular members of the National Armed Forces of the Cote d'Ivoire, the Gendarmerie and the paramilitary units, will be reintegrated in the New National Army and will be able to resume their careers.

Page 2, Article 9
With regard to the question of the ranks of soldiers who have changed position in the FAFN, the two parties agree to refer to arbitration by the Facilitator
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, Article 6
By adopting Ordinance No 2007-457 of April 12, 2007, on the amnesty law, the two Parties agree that the Government will re-establish the soldes avec rappel of FAFN elements of the National Armed Forces of the Côte d’Ivoire, the Gendarmerie and the paramilitary units, with effect from the date of signature of this ordinance.
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: The president Compaore of Burkina Faso in his function as president of CEDEAO and facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, Article 1
The two parties agree that the Regrouping of ex-combatants, the storage of arms and the dismantling of militias will start no later than December 22, 2007, under the command of the Integrated Command Centre (CCI) and supervised by the Impartial Forces.
In order to implement this Regrouping, the two Parties agree to start recruiting to the Civic Service no later than December 22, 2007, in accordance with paragraph 3 of the Ouagadougou Political Agreement, and based in the sites already prepared for this purpose.
Enforcement mechanism: Page 1, Article 8
The two Parties agree to refer to arbitration by the Facilitator to establish integration quotas for elements of the FAFN.

Page 2, Article 9
With regard to the question of the ranks of soldiers who have changed position in the FAFN, the two parties agree to refer to arbitration by the Facilitator

Page 2, Article 11
Wishing to maintain a permanent dialogue, in order to remove any obstacles to implementing the Ouagadougou Political Agreement, the two Parties agree to hold regular weekly meetings with the Special Representative of the Facilitator, at Abidjan
Related cases: No specific mention.
Source: http://peacemaker.un.org/

REPUBLIC OF CÔTE D’IVOIRE

DIRECT DIALOGUE

THIRD AGREEMENT COMPLEMENTING

THE OUAGADOUGOU POLITICAL AGREEMENT

November 28, 2007

In application of paragraphs 1.2, 3.2, 3.3, 4.2, and 4.4 of the Ouagadougou Political Agreement of March 4, 2007, and in order to expedite its implementation, the two Parties agree as follows:

Article 1:

The two parties agree that the Regrouping of ex-combatants, the storage of arms and the dismantling of militias will start no later than December 22, 2007, under the command of the Integrated Command Centre (CCI) and supervised by the Impartial Forces.

In order to implement this Regrouping, the two Parties agree to start recruiting to the Civic Service no later than December 22, 2007, in accordance with paragraph 3 of the Ouagadougou Political Agreement, and based in the sites already prepared for this purpose.

Article 2:

In order to facilitate the Disarmament, Reinsertion and Demobilisation Process (DDR), foreseen in paragraph 3.2.1 of the Ouagadougou Political Agreement, the two Parties agree to transfer a fixed monthly sum to the Government, the amounts to be fixed by decree of the Council of Ministers, to cover the operations of demobilisation, provisioning and taking responsibility for ex-combatants, until their reinsertion and reintegration in the Defence and Security Forces (FDS) or in civilian life.

Article 3:

In order to expedite the re-establishment of the authority of the State and redeployment of the Administration throughout the national territory, the Parties agree to begin the redeployment of the fiscal and customs Administration by December 30, 2007, at the latest, based on the principle of unifying the funds, for which the Government will define the process.

Article 4:

The two Parties agree that the redeployment of the Administration and of public services throughout the national territory, foreseen in paragraph 4.2.

of the Ouagadougou Political Agreement, will be complete by January 30, 2008, at the latest.

Article 5:

In order to provide security for all operations related to the peace process, foreseen in paragraphs 3.1.3.

and 4.4.

of the Ouagadougou Political Agreement, the two Parties agree that the Defence and Security Forces (FDS) will make elements of the National Police and the National Gendarmerie available to the Integrated Command Centre (CCI), for the purpose of creating mixed units, which will be supported by the impartial forces.

For this purpose they also agree that the FAFN will make available to the CCI elements including six hundred (600) elements resulting from the Pretoria Agreement.

Article 6:

By adopting Ordinance No 2007-457 of April 12, 2007, on the amnesty law, the two Parties agree that the Government will re-establish the soldes avec rappel of FAFN elements of the National Armed Forces of the Côte d’Ivoire, the Gendarmerie and the paramilitary units, with effect from the date of signature of this ordinance.

Article 7:

The two Parties agree that all the militants of the FAFN who were regular members of the National Armed Forces of the Ivory Coast, the Gendarmerie and the paramilitary units, will be reintegrated in the New National Army and will be able to resume their careers.

Article 8:

The two Parties agree to refer to arbitration by the Facilitator to establish integration quotas for elements of the FAFN.

In applying the provisions of paragraph 3 of the Ouagadougou Political Agreement, the two Parties agree to request the Government to adopt no later than December 15, 2007, the texts specifying the general framework of organisation, composition and operation of the new Defence and Security Forces.

Article 9:

With regard to the question of the ranks of soldiers who have changed position in the FAFN, the two Parties agree to refer to arbitration by the Facilitator.

Article 10:

In order to fully implement the provisions of paragraph 1.2 of the Ouagadougou Political Agreement, the two Parties agree to begin the reconstruction of civil registers lost or destroyed in certain registry offices, before the end of December 2007, in accordance with the provisions of the Ordinance of January 17, 2007.

To this end the reconstruction of civil registers will be done in conjunction with the establishment of mobile courts (audiences foraines) for the issuance of substitute birth certificates (jugements supplétifs).

Article 11:

Wishing to maintain a permanent dialogue, in order to remove any obstacles to implementing the Ouagadougou Political Agreement, the two Parties agree to hold regular weekly meetings with the Special Representative of the Facilitator, at Abidjan.

Article 12:

The two Parties agree that the Presidential election will take place no later than the first week of the year 2008, according to a timetable to be proposed to the Government by the CEI, in accordance with the relevant provisions of the Electoral Code.

In order to do this, the operations of identification and registration on the electoral role must be fully completed.

Article 13:

The two Parties agree that the Government will make available all necessary financial resources to carry out the operations described above, within the timescale foreseen in the present complementary agreement.

Article 14:

The present complementary agreement enters into force upon its signing.

Done at Ouagadougou, November 28, 2007

Signatures