Accord de paix entre le gouvernement de la République du Tchad et le Mouvement National (MN)

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Country/entity: Chad
Region: Africa (excl MENA)
Agreement name: Accord de paix entre le gouvernement de la République du Tchad et le Mouvement National (MN)
Date: 25 Jul 2009
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Chadian Conflicts (1966 - )
The political history of Chad has been defined by ethno-religious conflict following independence from France in 1960, particularly between the Islamic north and the Christian and animist south. Although prevalent during the colonial era, this became particularly apparent under Tombalbaye during his 15-year rule (1960-1975), which saw mass discrimination against the Muslim northern and central regions. In 1966, the Islamist National Liberation Front on Chad (FROLINAT) was formed, but the movement was defined by factionalism and in-fighting, often encouraged by Libyan government policies, until the civil war ended in 1993. In 1975 Tombalbaye was killed during a coup, and the country reverted to military rule. Constant pressure from the various FROLINAT factions, however, caused then-ruler General Felix Malloum to align himself with Hissene Habre, a rebel leader formerly-aligned with FROLINAT, but then-commander of the Forces Armées du Nord (FAN). In 1978, Libyan troops also occupied the Aouzou Strip (See Libyan-Chadian Conflict). Meanwhile, Habre’s FROLINAT competitor, Goukouni Oueddei, gathered the majority of the northern insurgent factions, and the ensuing civil war between 11 factions eroded the capabilities of the state. In 1979, the Lagos Accords created a unity government (GUNT) that briefly convened the factions, but infighting between Habre and Goukouni’s forces broke out soon after.

Habre finally gained control of N’Djamena in 1982, but faced continuing insurgent pressure from GUNT. This changed in the mid-1980s when all forces in Chad aligned themselves against the Libyan occupation and expelled them from Chad. Infighting in Habre’s regime, meanwhile, saw the defection of General Idriss Deby to Sudan, where he launched a Zaghawa campaign against the President and took the capital in December 1990 with Libyan-backing. Deby was announced President in early 1991, and to ease fighting he announced elections, which he won, in 1996. A number of short-lived peace deals were signed with several rebel factions in 1997, but fighting continued. In 2003, an influx of over 200,000 refugees from Darfur complicated the matter further, and in 2005 Chad declared war on Sudan, which was backing the Chadian rebel group, Rally for Democracy and Liberty. A series of battles ensued across Chad culminating in the Battle of N’Djamena in 2008. The latest war ended in 2010 with a peace accord signed between Sudan and Chad.

In 2021, the FACT (Front pour l’Alternance et la Concorde au Tchad: Front for Change and Concord in Chad) attacked the Chadian military on the eve of presidential elections. President Idriss Déby was killed in the attack, and the army formed a Transitional Military Council (TMC).
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Chad: Fourth War Process
Parties: - For the Republic of Chad
- For the National Movement (MN)
Third parties: - For the Community of Sahel-Saharan States (CEN-SAD)
- For the Socialist People’s Libyan Arab Jamahiriya

Page 1, Untitled Preamble:
- Responding to the calls for peace from the leaders of our brother countries and friends, in particular that of our brother Guide MOAMMAR AL-GHADDAFI, Guide of the Great Libyan Revolution of Al-Fateh, High Peace Mediator in CEN-SAD space, current President of the African Union;
Description: Almost identical to the Peace Agreement signed on October 25, 2007, this short agreement provides for amnesty for members of National Movement, prisoners release, the transformation of the National Movement into a political party, integration of its members into the government, command structures of the Army and public administration, disarmament for the combatants who wish to, and an immediate ceasefire.

Agreement document: TD_090725_Accord de Paix entre Tchad et le Mouvement National_tr.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: Groups→Refugees/displaced persons→Substantive
Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.
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: No specific mention.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Rebels transitioning to political parties
Page 2, Article 4:
The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business. It will be represented at all levels of executive power. To this effect a Government and National Movement (MN) political commission will be established.

Page 2, Article 5:
The National Movement (MN), signatory to the present Agreement, may if it so wishes, become a political party in compliance with the statutes and texts which govern political life in the Republic of Chad.
Civil society: Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Article 1:
To respect the Constitution of the Republic of Chad.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 2, Article 4:
The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business. It will be represented at all levels of executive power. To this effect a Government and National Movement (MN) political commission will be established.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
Power sharing→Military power sharing→Joint command structures
Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Human rights and equality

Human rights/RoL general: Page 1, Untitled Preamble:
- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
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: Rights related issues→Media and communication→Media roles
Page 1, Article 2:
An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Untitled Preamble:
- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

Page 2, Article 10:
The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
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→Ceasefire provision
Page 1, Article 2:
An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.
Police: No specific mention.
Armed forces: Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.
DDR: Security sector→DDR→DDR programmes
Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.

Page 2, Article 6:
National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces. Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement. During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Page 2, Article 7:
The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.

Page 2, Article 9:
The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.

Page 2, Article 11:
A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Page 2, Article 12:
The two parties thank the Guide of the Al-Fateh Revolution for all of the efforts made, and ask him to use all his powers to persuade the other brothers to join the present Agreement.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, Article 10:
The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.
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 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.
Transitional justice→Amnesty/pardon→Relief of other sanctions
Page 2, Article 8:
The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts. Integration of members of the National Movement (MN) in public administration according to their training and qualifications.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, Article 3:
A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties. An amnesty for condemned persons will be granted with the greatest urgency. This amnesty will not apply to persons who have committed offences under common law.
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: - For the Community of Sahel-Saharan States (CEN-SAD)
- For the Socialist People’s Libyan Arab Jamahiriya
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Article 11:
A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Page 2, Article 14:
In case of any disagreement in applying the present Agreement, each of the signatory parties may refer for arbitration to the High Peace Mediator.

Page 2, Article 15:
The Socialist People’s Libyan Arab Jamahiriya is the guarantor for implementation of the present Agreement.
Related cases: No specific mention.
Source: http://www.peacemaker.un.org/

PEACE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHAD AND THE NATIONAL MOVEMENT (MN)

- Considering that since its independence, political and institutional evolution in Chad has been turbulent, and it is only respect for democratic values which has provided some stability;

- In line with the provisions of the United Nations Charter, the Treaties of the African Union and of the Community of Sahel-Saharan States, on peace and the resolution of conflicts by peaceful means;

- Mindful of the need to establish a just and durable peace throughout the national territory of Chad and convinced of the evident desire of the Government of the Republic of Chad and the National Movement (FSR, UFDD-R and MNR) to favour dialogue to resolve the country’s problems;

- Determined to consolidate the Rule of Law and good governance, to achieve economic development and social progress, and full exercise of fundamental rights based on the equality of all citizens;

- Responding to the calls for peace from the leaders of our brother countries and friends, in particular that of our brother Guide MOAMMAR AL-GHADDAFI, Guide of the Great Libyan Revolution of Al-Fateh, High Peace Mediator in CEN-SAD space, current President of the African Union;

- In view of the Peace Agreement signed on October 25, 2007, in Sirte in Libyan Arab Jamahiriya;

representatives of the African Union, of CEN-SAD, of the Arab League, of the European Union, of our neighbours in Chad and other brother countries, honoured us with their presence at the opening and closure ceremonies.

The Government of the Republic of Chad and the National Movement (MN) agree the following:

Article 1:

To respect the Constitution of the Republic of Chad.

Article 2:

An immediate ceasefire and the termination of all media hostilities from the date of signature of the present Agreement.

Article 3:

A general amnesty for all civilian and military members of the National Movement (Mouvement Nationale, MN), signatories to the present Agreement, and the release of prisoners of war of both parties.

An amnesty for condemned persons will be granted with the greatest urgency.

This amnesty will not apply to persons who have committed offences under common law.

Article 4:

The participation of the National Movement (MN), signatory to the present Agreement, in the management of State business.

It will be represented at all levels of executive power.

To this effect a Government and National Movement (MN) political commission will be established.

Article 5:

The National Movement (MN), signatory to the present Agreement, may if it so wishes, become a political party in compliance with the statutes and texts which govern political life in the Republic of Chad.

Article 6:

National Movement (MN) forces will be stationed in mutually agreed locations until their integration in the ranks of the Defence and Security Forces.

Libyan Arab Jamahiriya and Chad will collaborate to provide the necessary funds pending their integration, or demobilisation for those who wish, for a period not longer than three (3) months from the date of signature of the present Agreement.

During this period the National Movement (MN) must withdraw the order to fight from its combatants.

Article 7:

The integration and promotion of officers and combatants of the National Movement (MN) in the ranks of the Defence and Security Forces and paramilitary formations, will comply with the statutes and regulations established by a Mixed Commission (Government and National Movement) for this purpose.

Article 8:

The restoration of the rights of soldiers and civil servants expelled or removed, because of their membership of the armed opposition in their former posts.

Integration of members of the National Movement (MN) in public administration according to their training and qualifications.

Article 9:

The establishment of a Committee consisting of the Socialist People’s Libyan Arab Jamahiriya, the Government of Chad, and the National Movement (MN) which will, in coordination with the High Commission for Refugees (HCR), organise the voluntary return of refugees and displaced persons to their places of origin as well as their return to work.

Article 10:

The Government of Chad will respect the principles of transparency, justice and equity in improving the distribution of national wealth to achieve balanced and controlled development.

Article 11:

A Committee presided over by the Socialist People’s Libyan Arab Jamahiriya and made up of representatives of the Government of Chad and the National Movement (MN) under the auspices of the Guide MOUAMMAR AL-GADDAFI to supervise, ensure, monitor and evaluate on a three monthly basis the implementation of the present Agreement.

Article 12:

The two parties thank the Guide of the Al-Fateh Revolution for all of the efforts made, and ask him to use all his powers to persuade the other brothers to join the present Agreement.

Article 13:

The two parties undertake to scrupulously observe the clauses of the present Agreement.

Article 14:

In case of any disagreement in applying the present Agreement, each of the signatory parties may refer for arbitration to the High Peace Mediator.

Article 15:

The Socialist People’s Libyan Arab Jamahiriya is the guarantor for implementation of the present Agreement.

Done in Tripoli, July 25, 2009

For the Republic of Chad

For the National Movement (MN)

For the Community of Sahel-Saharan States (CEN-SAD)

For the Socialist People’s Libyan Arab Jamahiriya