Declaration of N'Djamena

Export agreement:

Country/entity: Central African Republic
Region: Africa (excl MENA)
Agreement name: Declaration of N'Djamena
Date: 18 Apr 2013
Agreement status: Agreement with subsequent status
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Central African Republic Conflicts (1996 - )
The Central African Republic conflict is one of a set of regionally connected conflicts addressed by the African Great Lakes process. After the country gained independence from France in 1960 it has been ruled by a sequence of autocratic leaders that principally gained power through coups. Since the mid-1990s several waves of internal conflict took place in the Central African Republic, primarily along tribal, and later-on increasingly sectarian, lines. In 1996 and 1997, French troops and soldiers from neighbouring countries intervened to end a mutiny in the capital, Bangui, by factions of the army. The fighting was predominantly along tribal lines, with southern tribes in revolt against the ‘northern’ government. A UN mission was installed in 1998 to secure the truce.
After General Bozizé took control of the country after several coup attempts in 2003, a ‘bush war’ began led by armed opposition forces. From late 2006 onward, government troops with French military support severely weakened the rebels. Following this, a number of agreements were signed during 2007-2008, but not all factions have accepted them. In 2011, Bozizé was re-elected in supposedly fraudulent elections, which resulted in a new wave of uprisings. Séléka, an alliance of northern rebel groups, took over parts of the country and forced Bozizé to agree to a power-sharing deal. However, after this agreement broke down, Séléka took control of Bangui and Bozizé had to flee the country in 2013. Leader of Séléka, Michel Djotodia, took office and officially disbanded Séléka. However, continual violence between ex-Séléka groups and opposing militias, collectively known as ‘anti-balaka’, persisted and Djotodia was forced to resign less than a year later. Catherine Samba-Panza was installed as interim president until Faustin Archange Touadéra was elected in January 2016. In February 2019 an agreement was signed between the government and fourteen armed groups, including ex-Seleka groups, committed to disarmament. However, violence between ex-Seleka groups and anti-balaka continues.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: CAR: coups and rebellions process
Parties: Not signed, agreement mentions the following parties as having produced it:

Page 1, Untitled preamble (Declaration):
At the invitation of the President of the Economic Community of Central African States
(ECCAS), His Excellency IDRISS DEBY ITNO, President of the Republic of Chad, the Fourth
Extraordinary Summit of Heads of State and Government was held in N'Djamena, on April 18,
2013, to examine the situation prevailing in the Central African Republic. H.E.M. Jacob Zuma,
President of the Republic of South Africa also participated in the Summit as a guest.

Page 1, Untitled preamble (Declaration):
The Heads of State and Government, members of the ECCAS [CEEAC, Fr.]

Page 6, minutes:
At the invitation of the President of the Economic Community of Central African States
(ECCAS), His Excellency IDRISS DEBY ITNO, President of the Republic of Chad, the Fourth
Extraordinary Summit of Heads of State and Government was held in N'Djamena, on April 18,
2013, to examine the situation prevailing in the Central African Republic.
The following took part in this Summit,
- His Excellency Idriss DEBY ITNO, President of the Republic of Chad, President in office of ECCAS;
- His Excellency Denis SASSOU NGUESSO President of the Republic of the Congo;
- His Excellency Ali BONGO ONDIMBA, President of the Gabonese Republic;
- His Excellency Jacob ZUMA, President of the Republic of South Africa;
- His Excellency Amadou Ali, Deputy Prime Minister, Minister Delegate at the Presidency of the Republic Responsible for Relations with the Assemblies, Republic of Cameroon,
- His Excellency Raymond Tashibanda, Minister of Foreign Affairs, International Cooperation
and Francophonie, Democratic Republic of Congo
- His Excellency AGAPITO MBA MOKUY Minister for Foreign Affairs of the Republic of Equatorial Guinea;
His Excellency ISSIFOU Kogui Ndouro, Minister of State in Charge of Presidential Affairs, Republic of Benin
His Excellency Sébastien Fernandes, Ambassador of Angola to Chad, Republic of Angola;
- His Excellency Nicolas TIANGAYE, Prime Minister of the Central African Republic;
As well as Mr. Nassour GUELENGDOUKSIA OUAIDOU, Secretary-General of ECCAS,
Third parties: Page 6, minutes:
The Summit was held in the presence of the Representatives of the Secretary-General of the United Nations, the Chairperson of the Commission of the African Union, the President of the Commission of the European Union, the Secretary-General of the International Organization of La Francophonie, the United States of America and France.
Description: This declaration was adopted by the ECCAS (Economic Community of Central African States; Communauté Économique des États de l'Afrique Centrale, CEEAC) and became part of the framework for the transition. It includes a declaration, and two roadmaps for the transition. In the document, the duties of the transitional government and the National Transitional Council (CNT) are listed. Most importantly, the CNT is to act as a body tasked with drafting constitutional and legislative texts, and its composition is to expand so that it may be more representative and inclusive of groups still fighting, civil society, and women. The declaration sets an 18 month transitional period, during which elections are to be held.

Agreement document: CF_130418_Fourth ECCAS summit N'Djamena_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CF_130418_Declaration of N'Djamena.pdf (opens in new tab)| Download PDF

Main category: Page 5:
ROADMAP RELATED TO THE COMPOSITION AND FUNCTIONING OF THE NATIONAL TRANSITIONAL COUNCIL

3. Given the need to make the CNT the main body for inclusive management of the transition, and to meet the conditions for greater participation in the drafting of constitutional and legislative texts, essential to the legislative process and to the restoration of the constitutional order, the composition of the CNT should be reviewed. Given the need to ensure the stability of the functioning of this body, as well as achieving a better balance in the composition of the CNT, it is recommended that:

- The number of seats in the CNT is increased to a total of 135;
- That the new 30 seats be allocated to the regions of the country, to political parties including the former presidential majority, who are currently under-represented, to the politico-military groups which have not yet given up the fight, as well as to civil society and women.

Women, girls and gender

Participation: Participation→Effective participation
Page 5:
ROADMAP RELATED TO THE COMPOSITION AND FUNCTIONING OF THE NATIONAL TRANSITIONAL COUNCIL

3. Given the need to make the CNT the main body for inclusive management of the transition, and to meet the conditions for greater participation in the drafting of constitutional and legislative texts, essential to the legislative process and to the restoration of the constitutional order, the composition of the CNT should be reviewed. Given the need to ensure the stability of the functioning of this body, as well as achieving a better balance in the composition of the CNT, it is recommended that:

- The number of seats in the CNT is increased to a total of 135;
- That the new 30 seats be allocated to the regions of the country, to political parties including the former presidential majority, who are currently under-represented, to the politico-military groups which have not yet given up the fight, as well as to civil society and women.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

At the invitation of the President of the Economic Community of Central African States (ECCAS , Communauté Économique des États de l'Afrique Centrale, CEEAC), His Excellency IDRISS DEBY ITNO, President of the Republic of Chad, the Fourth Extraordinary Summit of Heads of State and Government was held in N'Djamena, on April 18, 2013, to examine the situation prevailing in the Central African Republic.

H.E.M. Jacob Zuma, President of the Republic of South Africa also participated in the Summit as a guest.

The Summit adopted the following declaration, called the N'Djamena Declaration.

Considering the relevant provisions of the Charter of the United Nations, the Constitutive Act of the African Union, and the Protocol Relating to the Peace and Security Council of Central Africa (COPAX)

Considering the relevant decisions taken within the framework of the sub-region, with a view to a peaceful settlement of the conflict in the Central African Republic, in particular the Ceasefire Agreement and the Libreville Political Agreement of January 11, 2013;

Considering the resolution relating to consultation between the Parties of the Libreville Agreements adopted on April 13, 2013, in Bangui

Considering Order No.

005 of April 13, 2013, establishing and composing the National Transition Council

Considering Order No.

006 of April 13, 2013, convening the National Transition Council

Considering the document bearing Minutes N ° 001 / CNT / SG of April 16, 2013, electing Mr. DJOTODIA AM NONDOKORO Michel, President of the Republic, Head of State;

Considering the continuing will of the ECCAS member states and their partners to support the standardization process in the Central African Republic;

Aware of the need for dialogue for achieving lasting peace and security throughout the national territory, an essential condition for the reconstruction of the country and the return to constitutional order

The Heads of State and Government, members of the ECCAS, meeting in N'Djamena, decided on the following

1. The Political Agreement signed on January 11, 2013, in Libreville is and remains the foundation of political agreements during the transition period;

2. The establishment of the National Transitional Council (CNT) and the election of the President of the Republic by this body must be acknowledged;

3. The duration of the transition period is set at 18 months;

4. During this transition, free, democratic, transparent and fair elections (constitutional, legislative, and presidential) will be organized based on a consensual legal order and calendar, with a view to returning to an undisputed democratic constitutional order;

5. The Head of State, the Prime Minister, and the Ministers members of the Transitional Government, as well as the President and the members of the office of the CNT, cannot present themselves for the next elections

6. The Prime Minister has broad powers.

He cannot be dismissed by the Head of State during the transition period.

A new transitional government is being formed through broad consultations and based on the spirit of the Libreville Agreement;

7. The transitional government is responsible in particular for:

- Restoring peace and security of people and property (by confining all uncontrolled armed groups) and ensuring the protection of civilian populations throughout the territory of the CAR;

- Assisting displaced persons and promote their return and resettlement;

- Ensuring strict respect for human rights, pluralism and citizens' freedoms;

- Preparing and organizing the elections

- Reorganizing the defense and security forces

- Reorganizing the Territorial Administration

- Reforming the judicial system

- Continuing the Demobilization - Disarmament Reintegration (DDR) and Security Sector Reform (RSS) processes with the support of the International Community

Undertaking economic and social reforms.

8. The National Transitional Council has full legislative power.

It is responsible for preparing the Constitutional Draft to be submitted to popular suffrage.

The urgent mission of the National Transitional Council is to draw up and adopt a Constitutional Charter for the transition, organizing all the public authorities of the transition per the Libreville Agreement, the N'Djamena Declaration, popular consensus, and with the Central African political class.

9. A Constitutional Court of Transition will be established, responsible for ensuring the constitutionality of laws, hearing electoral disputes, proclaiming the final results of electoral consultations, and receiving the Oath of the democratically elected President of the Republic.

The Heads of State and Government launch an urgent appeal to the whole of the International Community, in particular, the African Union, the United Nations, the European Union, the International Organization of La Francophonie, and the bilateral partners of the Central African Republic, to effectively combine their efforts to support the transition in the CAR, in order to achieve in the best possible conditions the objectives it sets for the benefit of the Central African people, as well as regional and international peace.

The Heads of State and Government reiterate their total confidence in the Monitoring Committee of the Libreville Agreement under the aegis of HE Denis Sassou Nguesso, President of the Republic of Congo;

The Heads of State and Government urge this Committee to take all appropriate measures to support the transition.

They also agree to the creation of an International Contact Group, comprising regional and international organizations of which the CAR is a member, as well as bilateral and multilateral partners.

This Group is responsible for mobilizing the political support and the financial resources necessary for a successful transition and ensuring its strategic support.

The International Contact Group is called to hold its first high-level meeting in May 2013 in Brazzaville.

The Heads of State and Government urge the Government of the CAR, ECCAS, PUA, the UN, the EU, and the OIE to consult each other, as soon as possible, on the security arrangements to support the transition period, including those likely to enhance the effectiveness of MICOPAX and ensure the capacity to contribute to the protection of civilians and to the reform the defense and security sector of the CAR.

To this end, the Heads of State have asked the African Union Commission to take the appropriate measures, to assess the needs of MICOPAX in terms of staff, equipment and funding, with an operational and a logistical support motif supported by Africa and the International Community.

The attendees agreed on a roadmap for the composition and functioning of the CNT, as well as a document containing elements towards developing another roadmap for the Transition in CAR.

Done in N'Djamena, April 18, 2013

For ECCAS

President

Idriss Deby ltno

President of the Republic of Chad

ELEMENTS FOR THE PREPARATION OF A ROADMAP FOR THE TRANSITION IN THE CENTRAL AFRICAN REPUBLIC

A roadmap structured around the following headings should be quickly discussed with the Prime Minister, Head of the Government of National Union and supported by the international community, during the first meeting of the International Contact Group for the situation in CAR:

Political and governance issues

• Transition Charter / Constitution / Laws;

Electoral process;

Administration and Public Services

II. Security and civil protection issues

DDR- RSDS

III. Humanitarian issues (refugees, displaced persons)

IV. Economic aid

V. International support

• Reinforced MICOPAX, well supported financially and materially (including possibly with a mandate from

UN Security Council).

• Conference on solidarity and aid for economic recovery.

Monitoring Group resulting from the Libreville Agreements (sitting in Bangui and interacting regularly with the Transitional Government)

• International Contact Group:

Inclusive strategic support group of all CAR partners (Region, Continent, International Organizations) The first meeting of the International Contact Group should take place as soon as possible (May 2 or 3, 2013 in Brazzaville)

ROADMAP RELATED TO THE COMPOSITION AND FUNCTIONING OF THE NATIONAL TRANSITIONAL COUNCIL

1. The National Transitional Council (CNT) which was created on the recommendation of the ECCAS Extraordinary Summit held on April 3, 2013, in N'Djamena, constitutes the central institution of the transition period due to the constituent and legislative powers that are vested in it.

Given that its training and implementation were carried out without the participation and contribution of ECCAS, the National Transitional Council must be strengthened in its representativeness and its composition.

2. The current composition of the CNT fixed at 105 members mirrors that of the National Assembly, now dissolved.

The seats allocated to different political and socio-professional categories reflect a balance of power enshrined in the politico-military situation, rather than a popular representation meeting the criteria traditionally followed in countries with a democratic system.

3. Given the need to make the CNT the main body for inclusive management of the transition, and to meet the conditions for greater participation in the drafting of constitutional and legislative texts, essential to the legislative process and to the restoration of the constitutional order, the composition of the CNT should be reviewed.

Given the need to ensure the stability of the functioning of this body, as well as achieving a better balance in the composition of the CNT, it is recommended that:

- The number of seats in the CNT is increased to a total of

135;

- That the new 30 seats be allocated to the regions of the country, to political parties including the former presidential majority, who are currently under-represented, to the politico-military groups which have not yet given up the fight

, as well as to civil society and women.

4. The Parliamentary Commissions must elaborate on the constitutional projects and the other structuring texts of the transition, and the exit from the crisis must be done with a strict balance of the political and social sensitivities so that no group in particular can have a determining influence in the decision-making.

Adoption by consensus should be seen as the rule of thumb.

After efforts to reach consensus have been exhausted, decisions must be made by a qualified majority of two-thirds (2/3) of the members.

5. Per the decisions of the ECCAS Extraordinary Summit held on April 3, 2013, the official designation of the authority invested by the CNT of the responsibility of Head of State must be Transitional Head of State, to the exclusion of any other title.

Consequently, the CNT is called upon to immediately amend any previous decision on this issue.

Done in N'Djamena, April 18, 2013