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Peace Agreements and Human Rights$

Christine Bell

Print publication date: 2003

Print ISBN-13: 9780199270965

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199270965.001.0001

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(p.323) Appendix. A Decade of Peace Agreements

(p.323) Appendix. A Decade of Peace Agreements

Source:
Peace Agreements and Human Rights
Author(s):

Christine Bell

Elizabeth Craig

Publisher:
Oxford University Press

Content

The following is an alphabetical table of peace agreements signed in the last decade. It is intended to show the large number of peace agreements signed, their varying contexts, their differences, and some of their similar patterns and themes. While 1990 is somewhat artificial as a starting-point, it loosely marks the end of the cold war, which was influential in enabling some of the peace agreements below. This is not meant to imply that the following peace processes all started after 1990—most of them did not, and in some the key framework agreement may have been many years earlier. In many cases the post-1990 agreements built on earlier agreements. Pre-1990 agreements have not been included here for reasons of space, but are referred to where possible in the description of the conflict. A thumbnail description of the conflict and in most cases the key elements of the agreements are provided. Summaries have not been provided, where the peace agreement proved unavailable, or when its content was adequately described by the agreement’s title.

The agreements are drawn from both internal and international conflicts and include conflicts with clear ethno-national dimensions, conflicts involving the claims of indigenous groups, and political conflicts with no ethnic dimension but revolving around power struggles and/or struggles for rights and democracy. The term ‘peace agreement’ is broadly used to cover agreements aimed at ending conflict (even those essentially imposed after a military victory). The term ‘conflict’ is also broadly used and includes conflicts which have not had overtly physically violent manifestations, such as some of the conflicts involving indigenous peoples. As can be seen from this Appendix, peace agreements take different forms and include agreed land settlements (with indigenous groups), constitutions, and draft constitutions. Where legislation (such as a constitution or land settlement) itself constitutes an agreement between parties in conflict, it is included. However, other implementing legislation has not been included.

Format

Within each conflict, the agreements are listed chronologically. They follow the typology in Chapter 1 of pre-negotiation agreements, substantive–framework agreements, and implementation agreements. However, they also indicate the capacity of the peace processes to unravel and stall with a series of framework agreements that reflect the difficulties of implementation. While the agreements could be categorized into different types of conflict, this was avoided as, despite the differences in the nature of the conflicts, patterns across all peace agreements emerge.

(p.324) Sources

Many can be obtained through the Internet at the following sites: www.usip.org/library/pa.html (last visited 20 Jun. 2000); www.c-r.org/ (last visited 20 Jun. 2000) (see also Conciliation Resources’ excellent series Accord: An International Review of Peace Initiatives); www.incore.ulst.ac.uk/cds/agreements/index.html (last visited 20 Jun. 2000). Many of the rest are on file with the author. This attempt to provide a comprehensive list proved surprisingly long, and is still inexhaustive. Accounts of the conflicts were put together from a variety of publications and newspaper sources.

Afghanistan

A communist coup took place in 1978 and was followed by an uprising against the new government. After eighteen months the Soviet Union invaded, set up a puppet government, and took on the Mujahidin rebels. In 1988 the Soviet Union finally withdrew. A series of agreements was signed normalizing relations between Afghanistan and Pakistan and guaranteed by the United States and the Soviet Union. The remaining Communist government was defeated in 1992 against a background of violence. However, a multi-party civil war continued, with a strong tribal basis. In 1993 a Peace Accord was signed between the government of Afghanistan and a faction of the Hezb-e-Islami, and six Mujahidin leaders. In 1994 the Islamic-based Taliban emerged from refugee camps and occupied Kabul in September 1996, causing a realignment in the conflict. Groups who had militantly opposed the government united in opposition to the Taliban. The conflict continues. Approximately 200,000 people have been killed since 1989.

Peshawar Accord (Islamabad Accord), March 1993. Peace Accord between government and Islamic leaders. Brokered by Pakistan and actively supported by Iran and Saudi Arabia. Agreement provided for a transitional government with leadership from the Islamic groups.

Afghan Peace Accord (Islamabad Accord), 7 March 1993. Provided for formation of government and delimited powers of president and prime minister. Provided for a ceasefire, opening of roads, and release of detainees.

Tashkent Declaration on Fundamental Principles for a Peaceful Settlement of the Conflict in Afghanistan, 19 July 1999. Signed by governments of China, Iran, Pakistan, Tajikistan, Turkmenistan, Uzbekistan, Russian Federation, United States, and United Nations. Concluded there was no military solution to the conflict, which must be settled through peaceful, political negotiation in order to establish a broad-based, multi-ethnic, and fully representative government. Urged Afghan parties to resume political negotiations and agreed not to provide military support to any Afghan party. Outlined two stages to the negotiation process. First stage to include adoption of measures for building mutual confidence, including signing of agreement on immediate and unconditional ceasefire, and direct negotiations between the United Front and the Taliban movement aimed at reaching agreements on exchange of prisoners of war and lifting of internal blockades.

(p.325) Second stage to involve Afghans in drawing up principles for future state structure and to establish a fully representative government. Also expressed commitment to take measures to combat drug-trafficking and to encourage Afghan parties to respect fully human rights and freedoms of all Afghans. Expressed readiness to cooperate with the new Afghan government and called upon the international community to respond to the Inter-Agency Consolidated Appeal for Emergency Humanitarian and Rehabilitation Assistance for Afghanistan.

Algeria

A civil war has been fought since 1992 between the Front de Libération National (FLN), which has ruled Algeria since independence in 1962, and fundamentalist Islamic groups. Between 50,000 and 100,000 people have been killed since 1992. In 1990 the Front Islamique du Salut (FIS) won the first democratic elections for local councils, and in December 1991 they won the first round of national elections. Before the second round took place the FLN dissolved the Parliament and suspended the Constitution and the army council took over government. FIS protested and the new military regime imposed a state of emergency. Civil war has raged ever since. The FIS itself split, and the breakaway Groupe Armé Islamique (GAI) became known for some of the most violent anti-government acts. In 1995 a conference including moderate members of both the government and FIS agreed on a platform of conciliation, which was then turned down by the government. In 1995 the military regime held a presidential election judged by international observers to be relatively fair, in which the acting president won 61 per cent of the votes. The civil war continues.

Platform of National Consensus: Text Adopted by the Conference, 1994

Communication of the State Presidency on the evolution of dialogue between the State and the ex-FIS 1995

Document on ‘the Principles of Dialogue’ 1995

Platform adopted by the participating parties of the Conference of the National Settlement 1996

Angola

See Chapter 2 for description of the conflict and peace agreements.

Argentina–United Kingdom

War fought in 1982 after Argentina invaded the Falkland Islands–Malvinas (over which they have always claimed sovereignty). The UK achieved military victory, but it was not until 1990 that an agreement to normalize relations was signed. Since the agreement below, other agreements for cooperation have been signed. In all the agreements both states preserve their sovereign claims to the islands.

(p.326) Argentina–United Kingdom: Joint Statement on Confidence-Building Measures, Including an Information and Consultation System and Safety Measures for Air and Maritime Navigation, 15 February 1990

Armenia-Azerbaijan-Nagorno-Karabakh

In February 1988 demonstrators in Armenia demanded the transfer of the autonomous region of Nagorno-Karabakh in Azerbaijan to Armenia, and the regional assembly in Nagorno-Karabakh voted for secession from Azerbaijan. At that time 77 per cent of the people in the region were Armenians. Since then there has been conflict between the Armenians and the Azeri population over the future of the region. Provision was made for a ceasefire in 1994, but agreement has not yet been reached on the political future of the area. The Armenian army and political leaders want the permanent annexation of Nagorno-Karabakh; the Azeris (who have Russian support) do not; while some in Nagorno-Karabakh claim independence, which they see as a compromise. The conflict continues.

The Bishkek Protocol, 27 July 1994. Pursuant to a Conference on Security and Cooperation in Europe (CSCE) initiative, an informal ceasefire was negotiated. This agreement formalizing it was signed between the defence ministers of Armenia and Azerbaijan, together with the commander of the Nagorno-Karabakh army.

Bangladesh–Chittagong Hill Tract

See Chapter 2 for description of conflict and peace agreement.

Bosnia Herzegovina

See Chapter 3 for description of conflict and peace agreements.

Burundi

A conflict between Hutus and Tutsis, related to the conflict in Rwanda, and dating from the murder of Rwandan and Burundian presidents in 1994 (which sparked the genocide in Rwanda). See further Rwanda.

Declaration of the Agreed Political Parties and the Government against war and in favour of peace and security 1994

Protocol of agreement between political ‘families’ on the reallocation of responsibilities in the territorial administration, foreign service, and immigration service 1994

Agreements endorsed by the government, between the forces of democratic change and political parties of the opposition 1994

Final Declaration and Press Release 1998

(p.327) Cambodia

The Khmer Rouge (KR) won the civil war (1970–5) and set about the mass destruction of the better-off sections of the population. The Vietnamese invaded the area in December 1978, establishing a puppet government in Phnom Penh and forcing the KR to retreat. For ten years the Vietnamese waged war against the KR and finally withdrew in 1989. A ceasefire was mediated by the UN in 1991 and was accepted by the National United Front for an Independent, Neutral, Peaceful, and Cooperative Cambodia (FUNCINPEC), the Cambodian People’s Party (CPP), the KR, and the Vietnamese. The KR withdrew from the peace process in 1992, resumed civil war, and boycotted the 1993 elections. The CPP entered into a power-sharing agreement with FUNCINPEC. The subsequent break-up of the KR strengthened the CPP’s position, and in July 1997 the FUNCINPEC co-prime minister was overthrown. The CPP and its leader Hun Sen have since consolidated their position, and become increasingly authoritarian.

Final Act of the Paris Conference on Cambodia, 23 October 1991. Participating states committed themselves to promote and encourage respect for and observance of human rights and fundamental freedoms. Requested the International Committee of the Red Cross (ICRC) to facilitate the release of prisoners of war and civilian internees, expressing their readiness to assist the ICRC in this task, and urged the international community to provide economic and financial support for the measures set forth in the Declaration on the Rehabilitation and Reconstruction of Cambodia.

Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, 23 October 1991. Called for establishment of UN Transitional Authority (UNTAC) and made provision for free and fair elections and for the drafting of a new Constitution. Affirmed ceasefire, expressed commitment to respect for human rights, and urged international community to support rehabilitation and reconstruction. Also provided for withdrawal of foreign forces and the creation of conditions for the return of refugees–displaced persons and the release of all prisoners of war and civilian internees. Five annexes provide for: UNTAC mandate; withdrawal, ceasefire, and related measures; elections; repatriation of Cambodian refugees and displaced persons; five principles for a new Constitution for Cambodia.

Agreement concerning the Sovereignty, Territorial Integrity and Inviolability, Neutrality, and National Unity of Cambodia, 23 October 1991

Declaration on the Rehabilitation and Reconstruction of Cambodia, 23 October 1991

Accord between the Cambodian People’s Party (CPP) and the National United Front for Independent, Neutral, Peaceful and Cooperative Cambodian (FUNCINPEC), 20 November 1991. Provided for conduct of cooperative relations between the two parties.

The Four Pillars Peace Plan, 15 February 1998. An international peace plan put forward by Japan providing for no cooperation with KR, a ceasefire of forces of deposed Prime Minister Prince Ranaridh, and provision for his trial and security.

(p.328) Canada–nisga’a

For almost a century aborigines in Nisga’a have campaigned for recognition of their territorial rights. In 1973 the Supreme Court of Canada unanimously recognized the possible existence of aboriginal rights to land and resources, and in 1976 Canada began negotiations with the Nisga’a Tribal Council (NTC). In 1989 a bilateral framework agreement was signed between Canada and the NTC setting out the scope, process, and topics for bilateral negotiations, and the British Columbia (BC) government joined the negotiations in 1990.

Tripartite Framework Agreement 1991. Set out the scope, process, and topics for negotiation.

Agreement-in-Principle 1996

Final Agreement 1999. Based on provisions of the agreement-in-principle. Nisga’a would be governed by the Nisga’a Lisims government (central government) and four village governments. They would continue to be an aboriginal people and to enjoy the same rights and benefits as other Canadian citizens. Agreement also addresses lands; land titles; forest resources; access; roads and rights of way; fisheries; wildlife and migratory birds; environmental assessment and protection; administration of justice; capital transfer and loan repayment; fiscal relations; taxation; cultural artefacts and heritage; and local and residual government relations. The Nisga’a in return agreed to release any aboriginal rights not set out in the treaty.

Canada–nunavut

The Inuit population accounts for 85 per cent of the population in the Nunavut area in the central and eastern part of the Northwest Territories (NWT). In 1973 the government of Canada established its first Comprehensive Land Claims Policy to exchange undefined aboriginal rights for a clearly defined package of rights and benefits set out in a land claim settlement, and in 1976 the Inuit Tapirisat of Canada (ITC) called for the creation of a Nunavut territory as part of a comprehensive settlement of Inuit land claims in the NWT. The Nunavut land claim was settled in 1993, and first elections to the new Legislative Assembly were held on 15 February 1999.

Nunavut Land Claim Agreement-in-Principle 1990. Affirmed Inuit, territorial, and federal government support for the creation of the territory of Nunavut ‘as soon as possible.’

Nunavut Final Land Claim Agreement between the Inuit, the Government of Canada, and the Government of the NWT 1993. Outlined Nunavut settlement area and recommended establishment of a new Nunavut territory with its own Legislative Assembly. Clarified rights to ownership and use of lands and resources and of rights for Inuit to participate in decision-making concerning use, management and conservation of land, water, and resources. Also made provision for wildlife harvesting rights and right to participate in decision-making concerning wildlife harvesting and for financial compensation and means of participation in economic opportunities.

(p.329) Nunavut Land Claim Agreement Act 1993. Ratified agreement.

Nunavut Act 1993. Established territory of Nunavut.

Central African Republic

French troops and troops from neighbouring countries intervened in 1996 and 1997 to end a mutiny by part of the army in the capital, Bangui. The fighting was along tribal lines, with southern tribes in revolt against the ‘northern’ government. The president of Mali arranged a truce in 1996 (‘Bangui Agreements’) but renewed fighting broke out the following June. An Inter-African Mission to Monitor the Implementation of the Bangui Agreements was replaced with a UN mission in 1998.

Truce Agreement 1996 (‘Bangui Agreements’)

Mandate established by the countries designated by the 19th Summit of France and Africa, for the Inter-African Supervision Mission for the Bangui Agreements 1997

Solemn Declaration of the Heads of African States who are members of the ‘Comité du Suivi’, and the Central African President, on the Preliminary Accord to a pact of national reconciliation 1997

Chad

Internal civil war saw two partial ceasefire agreements reached: Peace Accord 1997, and Reconciliation Pact 1998. However, fighting continues.

Chad–Libya

Conflict between the Arab north and the non-Arab south has been long-standing, and violence also broke out between rival factions in the north after Libya annexed the Aozou, a strip of territory in northern Chad, in 1976. Libya and France both intervened in 1983, and the leader of one of the northern factions, Hissène Habré, began to drive Libyans out of Chad. A ceasefire organized by the Organization of African Unity took effect on 11 September 1987, but fighting resumed in March 1988. By the 1990s Chad and Libya agreed to submit the dispute to the International Court of Justice, who ruled in favour of Chad. Libya accepted the ruling and the UN monitored its withdrawal from the strip in 1994. However, hostilities still exist and it is disputed whether full withdrawal has taken place.

Fundamental Agreement on the Peaceful Settlement of the Territorial Dispute between the Republic of Chad and Libya, 31 August 1989. Parties undertook to settle their territorial dispute by political means within a one-year period. They agreed to submit their claims to the ICJ for judgment. Agreement provided that prisoners of war would be liberated; that the parties would cease hostile (p.330) media campaigns; and that a commission to implement the agreement would be put in place.

Agreement between the Great Socialist People’s Libyan Arab Jamahiriya and the Republic of Chad concerning the practical modalities for the Implementation of the Judgment delivered by the International Court of Justice on 3 February 1994. Provided for the withdrawal of Libya from Aozou, supervised by a joint team, and observed by the UN. Provided for mine disposal, future delimitation of borders, and work towards strengthening bilateral relations.

Colombia

In the 1970s the Communist opposition and its military wing, the Revolutionary Armed Forces of Colombia (FARC), began an insurrection against the power-sharing Conservatives and Liberals. There was a short-lived ceasefire in 1984, but by the late 1980s the war had resumed and included a number of different groups. Towards the end of the cold war a series of armed leftist groups entered peace negotiations, and in 1990 and 1991 signed similar peace agreements (FARC did not) according to which they would disarm in exchange for entry to political and civic life. However, internal civil war has continued, fuelled by drugs trade issues and growing inequalities brought about by the neo-liberal economic policies followed during the 1990s.

Political Agreement between the National Government, the Political Parties, M-19, and the Catholic Church as Moral and Spiritual Guardian of the Process, 9 March 1990. Attempted to reinvigorate a Political Pact of 1989 and add new elements. Provided for a return to civilian life for the guerrillas, and for community programmes in areas where the guerrillas were demobilizing. Provided for electoral reform to increase political participation in particular for minorities. Provided for a Commission to look at reform of Criminal Justice. Established an Academic Non-Governmental Commission to look at the different dimensions of drug-trafficking. The government undertook to fulfil its obligations by the date on which M-19 committed to demobilizing and disarming. The signatories undertook to form an Implementation Commission to firm up the compromises in the agreement. A 1989 Security Plan was also reactivated.

Final Agreement, 25 January 1991. Signed between the national government and the Revolutionary Workers’ Party (PRT). This agreement guaranteed participation for the PRT in the National Constitutional Assembly in return for PRT decommissioning. The government undertook to legalize the PRT as a political party and to give it media space to promote itself. Provided for a decree to annul prison sentences for political offences. Agreement included a human rights dimension, and a government commitment to create a nominated Office for the Atlantic Coast to Advise the President on the Defence and Promotion of Human Rights. The government also committed to creating a government-sponsored Commission for Human Rights. Agreement also provided for an indigenous police service, a plan for reconciliation and peace, a regional plan for political normalization, and implementation issues.

(p.331) Final Agreement—Popular Liberation Army (EPL), 15 February 1991. Agreement again built on the 1990 negotiation process. Similar to the agreements with other groups, it dealt with representation in the National Assembly; promotion of the peace process (financing of a House of Peace and regional operative committees); promotion of the politicization of EPL, and publicity; provision for guarantors; a plan for the reinsertion of the guerrillas; a security plan; a section dealing with Human Rights and Factors Relating to Violence; provision for a regional development plan; and EPL decommissioning.

Final Agreement between the National Government and the Movimiento Armado Quintín Lame (MAQL), 27 May 1991. Building on the 1990 negotiations, provided for arrangements similar to above agreements.

Agreement between the Commandos ‘Ernesto Rojas’ (CER) and the National Government, 20 March 1992. A very short agreement according to which the CER subscribed to the agreement of February 1991 between the government and the EPL.

Pact to Consolidate the Peace Processes (no date provided). The parties to the above agreements largely affirmed their commitments therein.

Final Political Agreement between the National Government and the Corriente de Renovaciόn Socialista (CRS), 9 April 1994. Provided for a social investment programme to improve standards of living in peace zones. Also provided for citizen participation in politics; urban development; human rights; a reinsertion programme; consideration of pardons for CRS members; support for the politicization of the CRS; security programmes; decommissioning; and a Commission of Verification.

Agreement for City Coexistence, between the National Government, the Popular Militias of the People and for the People, the Independent Militias of the Valley of Aburra, and the Metropolitan Militias of the City of Medellín (Militias de Medellíin (MM)), 26 May 1994. Provided for social investment in communities; normalization of citizen life (with special community programmes); a programme of reinsertion in political life for the MM; consideration of pardons; a protection programme; and support for the politicization of MM.

Final Agreement between the National Government and the Frente ‘Francisco Garnica’ de la Coordinadora Guerrillera, 20 June 1994. Provided for economic and social insertion for the Frente; for consideration of pardons for Frente members; a programme of security; and support for politicization.

Congo (Brazzaville)

President Pascal Lissouba was overthrown by a savage but brief civil war in 1997. The conflict involved the forces of President Lissouba against the forces of Denis Sassou-Neguesso, who was supported by Angola. Violence erupted again in 1998 between Lissouba’s militiamen and the army of Sassou-Neguesso’s government (still supported by Angola). A ceasefire agreement was reached between government and rebels in 1999.

Agreement of Cessation of Hostilities, 16 November 1999. Agreement providing for a ceasefire: for demilitarization; that amnesty will be given to those who (p.332) decommission and denounce violence; that steps will be taken to protect peoples in specified forest areas; and that democratic life will be returned to normal. Logistics for this are provided for, with an implementation committee.

Croatia–Federal Republic of Yugoslavia

For description of conflict, see Chapter 4. Both parties were party to the Dayton Peace Agreement, the two agreements below, one prior to and one subsequent to Dayton.

Draft Agreement on the Krajina, Southern Baranja, and Western Sirmium, January 1994 (‘Zagreb Four Plan’). This constituted an attempt to broker a deal between Serbia and Croatia. Provided a model for de facto confederalization of Croatia. The Serb-held Krajina area would have its own government, currency, and insignia, and dual citizenship with Serbia (in effect a mini state within a state). While negotiations were pending, President Tudjman of Croatia announced that he would not extend the mandate for the United Nations Protection Forces (UNPROFOR) in Croatia. While he accepted the plan as a basis for negotiation, Milošovic refused to endorse it until Croatia reversed its UNPROFOR decision. The plan was dropped until some Serb leaders announced unqualified acceptance on the eve of Croatia’s full-scale military recapture of the Krajina, by which time it was too late.

Basic Agreement on the Region of Eastern Slavonia, Baranja, and Western Sirmium, 12 November 1995 (‘Erdut Agreement’). Signed by Serbs and Croatian government, it built on earlier basic principles (see Chapter 4). Provided for a transitional period with a Transitional Administration. UN Security Council to be requested to authorize an international force to assist in implementation. This force to assist in right of refugees and displaced persons to return and receive back property and compensation. At end of transitional period elections to take place. Serbian community to have a joint Council of Municipalities.

Agreement on the Normalization of Relations, 23 August 1996. Agreement between Croatia and Federal Republic of Yugoslavia. Provides for basic principles of independence, sovereignty, and equality of states; mutual recognition; provision for missing persons; repatriation of refugees and displaced persons; human rights guarantees; and cooperation in various other matters.

Democratic Republic of Congo (Formerly Known as Zaire)

The Democratic Republic of Congo (DRC), then Zaire, experienced insurrection between October 1996 and May 1997, when Tutsi rebels supported by Rwanda and Uganda overthrew President Mobuto Sese Seko. The rebel Tutsi army took control, and Laurent Kabila, head of a minor Zairean opposition group, made himself president. A new insurrection started in 1998 sparked by ethnic tension in the eastern part of the country and by the expulsion in July of Rwandan troops who had helped Kabila to power. From August 1998 neighbouring countries were (p.333) involved in the dispute. A ceasefire agreement was signed on 10 July 1999. This conflict clearly has a regional dimension.

Ceasefire Agreement, Lusaka, 10 July 1999. Signatories included the Democratic Republic of Congo (DRC), Rwanda, Uganda, Congolese Rally for Democracy (RCD), and Movement for the Liberation of the Congo (MLC). Provided for cessation of hostilities. Parties expressed their commitment to addressing security concerns of DRC and neighbouring countries and to the exchange of prisoners of war and release of other detainees. Provision was also made for the facilitation of humanitarian assistance; a UN peacekeeping force; a Joint Military Commission; the final withdrawal of foreign forces; re-establishment of state administration and open dialogue; formation of a national, integrated army; and a mechanism for disarmament and measures to facilitate repatriation of militias. Reaffirmed the sovereignty and territorial integrity of DRC and acceptance of the idea of equal rights for all citizens. Annexes gave further details on the implementation of various parts of the agreement and provided a timetable for implementation.

Djibouti

A conflict between the government and the Front pour la Restauration de 1‘Unité de la Démocratic’ (FRUD).

Agreement for Peace and National Reconciliation, 26 December 1994. Provided for an agreement according to which FRUD agreed to adopt the Djibouti Constitution, and government agreed to future revision of the Constitution. Agreement provided for measures aimed at freedom of movement, return of refugees and displaced persons, and repair of infrastructure. Provided for measures aimed at fairness of forthcoming elections and at education of children affected by war. Provided assurances of reintegration of combatants; a general amnesty for FRUD combatants and exiles; transformation of FRUD into a political party. Also provided for decentralization and economic reconstruction.

Framework Agreement for Civil Reform and Concord, 7 February 2000. Agreement between the government of the Republic of Djibouti and the FRUD, aimed at democratic reform following an election. Provided for reparations and indemnities for reintegration of refugees, and for victims; decentralization and autonomy; democracy and human rights; openness and transparency in public life; civil peace and security.

East Timor–Indonesia

The Portuguese withdrew from East Timor in 1975 following a brief civil war. The dominant political party, the Revolutionary Front for an Independent East Timor (Fretilin), proclaimed the Democratic Republic of East Timor, but on 7 December Indonesia invaded the area and set up a puppet regime. East Timor was annexed to Indonesia in 1977 (although this was not recognized by many states) and the Indonesian troops began to massacre the Timorese. Full-scale war broke out, and (p.334) from 1978 onwards the Fretilin army conducted a guerrilla campaign against the Indonesian government. In 1992 the National Council of Maubere Resistance (an umbrella organization of pro-independence movements and activists) put forward a three-point peace proposal. The UN arranged for Indonesia and Portugal to resume negotiations in 1997. By 1999 Indonesia had accepted a referendum on East Timorese autonomy, with the understanding that if autonomy was rejected, independence would follow. However, after the referendum supporters of Indonesia attempted to massacre those supporting independence, while the government of Indonesia was accused of complicity through inaction. The UN intervened.

Dili Peace Accord, 21 April 1999. Parties agreed to stop all kinds of hostilities, intimidation, acts of terror and violence, and to assist efforts to create an atmosphere of peace and tranquillity. Expressed support for efforts of the government, the National Human Rights Commission, and the Catholic Church to achieve reconciliation in order to uphold dignity, protection of human rights, and the law in East Timor. Also agreed on establishment of a Commission for Peace and Stability to supervise the implementation of the accord.

Agreement between the Republic of Indonesia and the Portuguese Republic on the Question of East Timor, 5 May 1999. Parties agreed to request that a UN mission carry out a referendum on autonomy for the East Timorese. The Indonesian government agreed to maintain peace and security to ensure that the referendum was carried out fairly and peacefully and to take the necessary constitutional measures if the result of the referendum was positive. If the proposed framework for autonomy was not accepted by the people, the Indonesian government undertook to take the constitutional steps necessary to terminate its links with East Timor and to make arrangements for the transfer of authority to the UN and for the transition to independence. An annex outlined the constitutional framework for autonomy with regard to respective areas of competence; East Timorese identity, residence, and immigration; powers and institutions of the Special Autonomous Region of East Timor (SARET); promotion and protection of human rights; relationship between central government and government of the SARET; relations between SARET and other entities; role of UN; a Basic Law for SARET; and transitional provisions.

Agreement regarding the Modalities for the Popular Consultation of the East Timorese through a Direct Ballot, 5 May 1999. Outlined practical arrangements for a ballot to be held on 8 August 1999 with voters being asked either to accept or to reject the proposed special autonomy for East Timor within the Unitary State of the Republic of Indonesia.

East Timor Popular Consultation Agreement regarding Security, 5 May 1999. It was agreed that a peaceful environment was prerequisite for the holding of a ballot, with responsibility resting with the Indonesian security authorities. Provision was made for the drafting of a code of conduct for the parties by the Commission on Peace and Stability and for the UN Secretary-General to ascertain if the necessary security situation existed for a ballot to take place peacefully.

UN SC Res 1236 (1999), 7 May 1999. Welcomed conclusion of agreements and intention to establish a UN presence in East Timor to assist in their implementa (p.335) tion, and stressed responsibility of Indonesian government to maintain peace and security.

UN SC Res 1246 (1999), 11 June 1999. Decided to establish a UN Mission in East Timor (UNAMET) to organize a ballot, and authorized the deployment of 280 civilian police officers to act as advisers to the Indonesian police and to supervise transportation of ballot papers, and of fifty military liaison officers to maintain contact with the Indonesian armed forces.

UN SC Res 1257 (1999), 3 August 1999. Provides extension to UNAMET mandate.

Ecuador–Peru

Conflict followed the annexation of a substantial part of Ecuador’s territory by Peru in 1941. The subsequent peace treaty, which ceded eastern Ecuador to Peru, was later repudiated by Ecuador in 1960. In 1995 the two countries fought a three-week war over a section of the border, in the wake of which the following agreements were signed.

Declaración de Paz de Itamaraty, 17 February 1995

Acta Presidencial de Brasilia, 26 October 1998. Builds on earlier agreements and establishes the series of accords and memoranda which deal with commercial arrangements such as provision of services and joint development plans for border regions. The eleven agreements can be found at insert www.usip.org/library/pa.html (last visited 6 Jun. 2000).

El Salvador

The civil war lasted from 1979 to 1992. In the early 1980s it had appeared that rebels would instigate a communist revolution, but following US intervention the Christian Democratic candidate was elected as president in democratic elections. However, by the late 1980s the central government had collapsed, and the Republican National Alliance (Arena), a right-wing party, came to power. The US supported Arena and the Salvadorean army because it wanted to defeat the communist Farabundo Martí National Liberation Front (FMLN) and its army, who opposed the government. On 13 March 1990 the rebels announced a suspension of their attacks against non-military targets and suggested entering negotiations with the government. A peace agreement was signed in January 1992. Arena won all elections in April 1994, but in March 1997 the FMLN won a considerable number of seats at congressional elections.

Geneva Agreement, 4 April 1990

General Agenda and Schedule for the Comprehensive Negotiation Process (Caracas Agreement), 21 May 1990. Set initial objective so as to achieve political agreements to halt armed confrontation and any acts that infringe rights of civilians, including agreement on armed forces; human rights; judicial system; electoral system; constitutional reform; economic and social issues; and verification by the UN. Agenda also to include establishment of necessary guarantees and (p.336) conditions for reintegrating members of the FMLN into civilian institutional and political life, and agreements for the consolidation of the objectives of earlier Geneva Agreement. Agreed on schedule and set deadline for achievement of initial paragraph 1 of the Geneva Agreement, for middle of September.

Agreement on Human Rights, 26 July 1990. Agreed on respect for and guarantee of human rights, including steps to avoid any attempt on life, integrity, security, or freedom of the individual and certain immediate measures to guarantee the freedom and integrity of persons arrested. Provided for determination of procedures and timetables for release of political prisoners and guarantees of right to associate freely with others; freedom of expression and of the press; and freedom of movement. Agreed to provide displaced persons and returnees with identity documents; to guarantee their freedom of movement; freedom to carry out economic activities; to exercise their political and social rights; as well as to consider guaranteeing effective enjoyment of labour rights. Also agreed on terms of reference for the UN human rights verification mission.

Press Communiqué Issued Following the Geneva Meeting Presided over by the Secretary-General between Representatives of the Government of El Salvador and of the Frente Farabundo Martí para la Liberacíon Nacional (Geneva Agreement) 1990

Understandings regarding the New York Agreement, 25 September 1991

New York Act, 31 December 1991. Parties declared they had reached definitive agreements which would put the armed conflict to an end. Agreement reached on all technical and military aspects relating to separation of warring parties and cessation of the armed conflict, including end to FMLN military structure and reintegration of its members into civil, political, and institutional life. Cessation of armed conflict to take effect on 1 February 1992 and to conclude on 31 October 1992. Further meeting scheduled to negotiate timetable for implementing agreements with Final Peace Agreements to be signed on 16 January 1992.

New York Act II, 13 January 1992. Stated parties had reached agreements which complete negotiations on all issues outstanding when New York Act was signed, opening way for signing of the Peace Agreement in Mexico City on 16 January 1992.

Complementary Agreement of 22 December 1992. Parties expressed intention to ensure strict compliance with commitments on the collection of weapons; transfer of lands in non–conflict zones and of lands exceeding the constitutional limit; and financing and deployment of a National Civil Police (PNC) (replacing the National Police). Outlined government commitments to programmes for reintegration of former FMLN combatants, and for FMLN political participation. Commitment to promoting pending legislation and recognition of need to negotiate for establishment of Group of Donor Countries.

Supplementary Agreement of 5 February 1993. Outlined criteria and procedures for transfer of land of economic significance. FMLN agreed to present to the government a list of persons to be given protection under the Law to Protect Persons Subject to Special Security, and government agreed to develop plan for reintegration of FMLN officers.

Agreement of the Tripartite Meeting of 8 September 1993. Agreed on collection of weapons and property of the Armed Forces of El Salvador (AFES) held by (p.337) civilians or retired military personnel and agreed to abstain from using the AFES as preventive measure or in ordinary course of events for the maintenance of public security. Provided for gradual winding down of the National Police, closure of the National Police Academy, and the dissolution of the Fiscal Battalion, and on further measures to guarantee the civilian character of the PNC. UN secretary-general to present report to Security Council on compliance with recommendations of a previously established Truth Commission. Agreement also reached on economic and social matters, including transfer of lands and implementation of reintegration programmes; the assignment of television and radio frequencies to FMLN; electoral matters and funding. Also provided for publication of Doctrine of AFES, and issue of customs duty-free permits for the importation of vehicles for the FMLN.

Timetable for the Implementation of the Most Important Outstanding Agreements, 19 May 1994. Set timetable for: collection and replacement of weapons and parties agreed to reschedule deployment of the PNC; demobilization of National Police; restructuring of the Ministry of the Interior and Public Security; and the provision of regulatory machinery. UN to verify granting of ranks and assignment of duties in PNC and functioning of National Public Security Academy. Also agreed on measures to promote recruitment to PNC and on timetable for land transfer and reintegration programmes and for approval of legislative measures reflecting recommendations of the Truth Commission. UN to verify compliance with the agreement. Annex I listed present status of draft laws and of international instruments, and Annex II outlined action arising from the Peace Accords to be concluded and set timetable for reintegration of FMLN.

Joint Declaration Signed on 4 October 1994 by the Representatives of the Government of El Salvador and of the Frente Farabundo Martí para la Liberacion Nacional (FMLN) 1994. Agreed to cooperate closely to ensure compliance with all peace accords by 30 April 1995 and to establish joint mechanisms with participation of government, FMLN, and the UN Observer Mission in El Savador (ONUSAL) to determine measures necessary for fulfilment of commitments. Also agreed to keep Salvadorean people and international community informed of any decisions and steps taken, and to reiterate their requests to the UN to extend ONUSAL mandate.

Eritrea-Ethiopia

A complicated conflict involving secessionist claims, with Eritreans fighting to secede from Ethiopia; ‘internal’ conflict between ethnically different Eritrean groups; and conflict between the Ethiopian government and Ethiopian opposition groups which at times has had separatist and at times more leftist ambitions. In 1991 the Eritrean People’s Liberation Front (EPLF) defeated the military junta (the ‘Derg’) of Ethiopia, proclaiming independence for Eritrea. At the same time the Ethiopian Peoples Revolutionary Democratic Forces (EPRDF) overthrew the Derg, and a transitional government was established in Ethiopia. Agreement was reached between most of the groups who had engaged in armed opposition, to a charter for Ethiopia’s development. This charter provided that Eritrea should (p.338) have the right to vote on its independence. In Eritrea an internationally monitored referendum resulted in a 99.8 per cent pro-independence vote. A democratic Constitution was promulgated in Eritrea. However, Ethiopia-Eritrea border tensions and profound differences between EPRDF and the EPLF (now the People’s Front for Democracy and Justice) on economic policies and the constitutional rights of national minorities led to renewal of fighting in 1998. While a mediation effort by the US administration led to agreement to halt air strikes, no further peace agreement has been negotiated, although plans have been produced by US-Rwanda and the Organization of African Unity.

Communiqué Commun des Groupes Rebelles Ethiopians, 1991. Agreed on a way forward for the country, including a vote on Eritrean independence.

Declaration de reconnaissance de l’Erythrée 1993. Recognized Eritrean independence.

Constitutional Commission of Eritrea, July 1996. Elaborate Constitution providing for state structures, government, judiciary, public service, economic, and social development, national culture, national defence and security, and foreign policy. A bill of rights including economic, social, and cultural rights was included.

US-Rwandan Proposals, 30–1 May 1998. Recommended both parties to commit to finding a solution by peaceful means, proposed sending an observers mission to the border region, and request redeployment of Eritrean forces from this region. Recommended a ‘swift and binding’ delimitation of the border and its demilitarization.

OAU High Level Delegation Proposals for a Framework Agreement for a Peaceful Settlement of the Dispute between Eritrea and Ethiopia, 8 November 1998. Recommended a cessation of hostilities, redeployment of armed forces in border region, to be supervised by a group of military observers provided by OAU with support of UN. Recommended assistance of UN Cartographic Unit to delimit border, and an investigation of the origins of the conflict and sources of misunderstandings between the parties.

Federal Republic of Yugoslavia (Serbia, Fry)–Kosovo–Nato

Conflict between Serbs and Kosovar Albanians involving territorial dispute with ethno-political, cultural, and language factors. Most recent phase of the war began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (Serbia and Montenegro). Later conflict included NATO against Yugoslavia and Serbians. The main agreements were both internationally driven, with NATO threatening air strikes against Serbs if they did not sign. The first agreement was not accepted by the Serbs, resulting in NATO air strikes. The second was not an ‘agreement’ but a Security Council resolution imposing a post-conflict arrangement in the wake of what was essentially a NATO military victory.

Interim Agreement for Peace and Self-Government (‘Rambouillet Agreement’), 23 February 1999. A comprehensive agreement of fifty pages covering the following matters: principles including equality, respect for human rights and (p.339) right to democratic self-government; confidence-building measures, including an end to the use of force and return of refugees; a Constitution; police and civil public security; conduct and supervision of elections; economic issues; humanitarian assistance, reconstruction, and economic development; and ombudsman. Included information on the implementation of the agreement with reference to a cessation of hostilities, demilitarization of forces, and prisoner releases.

Kosovo Peace Plan, approved by Serb Parliament, 3 June 1999. Outlined areas on which agreement should be reached, including the deployment of international civilian and security presence; establishment of an interim administration under which the people of Kosovo would enjoy substantial autonomy within the FRY; return of all refugees and displaced persons under United Nations High Commissioner for Refugees supervision, and undisturbed access for humanitarian organizations; political progress towards an interim political agreement which would secure autonomy for Kosovo taking the Rambouillet Agreement into full consideration; and an approach to economic development.

Military Technical Agreement between the International Security Force (KFOR) and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia, 9 June 1999. Made provision for cessation of hostilities, phased withdrawal of all FRY forces, and establishment of a joint implementation commission.

UN SC Res 1244 (1999), 10 June 1999. Resolution passed to mark the end of the conflict. Demanded end to violence and complete withdrawal of all forces and decided on deployment of international civil and security presence. Responsibilities of the civil presence to include promotion of establishment of autonomy and self-government taking into account Rambouillet accords; organizing and overseeing elections; maintaining civil law and order; and protecting and promoting human rights. Responsibilities of the security presence to include maintaining ceasefire, demilitarizing the KLA, and establishing secure environment for return of refugees-displaced persons. Also authorized UN Secretary-General to provide interim administration while overseeing development of democratic institutions.

Undertaking of Demilitarization and Transformation by the UCK [KLA], 21 June 1999. Gives details of arrangements for the KLA ceasefire in accordance with the UN Security Council Resolution and the Rambouillet Agreement, including a timetable for demilitarization. The KLA agreed that the International Security Force (KFOR) and Civil Presence would operate without hindrance, and provision was made for the establishment of a joint commission with senior KFOR and KLA commanders within two days to monitor the implementation of the provisions in the undertaking.

Federal Republic of Yugoslavia-Macedonia

Agreement on the Regulation of Relations and Promotion of Cooperation between the Republic of Macedonia and the Federal Republic of Yugoslavia, 8 April 1996. Agreement dealing with post-war normalization. Both republics agree to respect each other as independent states within their national borders.

(p.340) Fiji

Primary conflict is between Fiji’s indigenous population and the Indian Fijian community. Opposition to a post-independence elected government which was allegedly sympathetic to Indo-Fijians led to two ethnically motivated military coups in the late 1980s. In 1990 a new Constitution contained weightings in favour of the indigenous Fijian community, and banned Indians from the post of prime minister. In 1994, under international pressure, the Fijian government established a Constitution Review Commission (CRC) to examine the Constitution and recommend an appropriate form of representation. A new Constitution (accepting some but not all CRC recommendations) was the eventual result. In June 2000 George Speight initiated a coup against the government, holding the (Indian) prime minister prisoner. He claimed this was in protest at the new Constitution’s removal of indigenous Fijian weightings. The army took over administration of the country, the prime minister was released, and George Speight arrested. At time of writing instability continues.

Constitution (Amendment) Act 1997 of the Republic of the Fiji Islands, 25 July 1997. This Constitution implemented some of the recommendations of the government-established Constitution Review Commission’s 1996 Report The Fiji Islands: Towards a United Future’ (Parliamentary paper no. 34 of 1996, Parliament of Fiji, Suva). This was an attempt to establish an entirely new non-racial Constitution to replace the 1990 constitution with its racial weighting and under-repre-sentation of the minority Indo-Fijian community as regards the indigenous Fijian community. The new Constitution did not make the recommended move away from communalism, with two-thirds of all seats in the new seventy-seat Parliament still to be elected on a communal basis, leaving only one-third of seats free for inter-ethnic competition.

France-New Caledonia

Déclaration commune de Matignon, 26 June 1988. A declaration acknowledging escalating conflict as rooted in a clash between French sovereignty and an independence movement. Sets out a joint commitment to resolve the dispute and provides for a peace initiative.

Agreement on New Caledonia 1998. Preamble acknowledging the wrongs of French colonialism and its effect on the Kanak people. Agreement contains provisions dealing with customary law, language, and cultural heritage aimed at protecting Kanak identity more fully. Agreement envisages gradual transfer of power to proportionally representative Assembly and Executive and ‘communes’ which involve customary authorities. A section is devoted to economic and social development. Implementation is provided for in the form of a French Constitutional Revision Bill and a referendum on the agreement.

(p.341) Gabon

Serious riots broke out in 1993, when the president staged a fraudulent election to remain in power. An Accord de Paris 1994 was signed in 1994.

Georgia-Abkhazia

Conflict broke out in 1989 between Georgians and ethnic Abkhaz in a dispute over territory and rights. In 1993 the Abkhaz (then forming a 1.8 per cent minority in the territory as a whole) dealt a humiliating defeat on the Georgian troops, taking control of Abkhazia with many Georgians fleeing. UN-sponsored talks led to a ceasefire in December 1993, and later an agreement to deploy a peacekeeping force in April 1994 and to help repatriate those who had fled. Negotiations have alternated between dialogue and deadlock, and in May 1998 full-scale war almost resumed (as the resultant agreements reflect).

Ceasefire Agreement, 3 September 1992. Parties agreed to a ceasefire and affirmed territorial integrity of Georgia. Provided for establishment of a monitoring and inspection commission; an agreed level of armed forces, exchange of detainees, hostages, and prisoners, and prohibition and prevention of all terrorist acts or taking of hostages. Also made provision for removal of obstacles to free movement; creation of conditions for return of refugees and steps to search for those who have disappeared, as well as steps to rehabilitate the area and to ensure availability of humanitarian assistance. Reaffirmed need to respect human rights and rights of national minorities, to prevent discrimination, and to hold free and democratic elections. Parties also agreed to assist legitimate authorities in Abkhazia to resume their normal functions and appealed for fact-finding missions and observers.

Ceasefire Agreement, 14 May 1993. Did not hold.

Ceasefire, 27 July 1993 (‘Sochi Agreement’). Re-established the ceasefire and envisaged the arrival of international observers. Made provision for a trilateral Joint Commission to include the Russian Federation, which would assume responsibility for maintenance of ceasefire and establishment of interim monitoring groups. Agreed on demilitarization of the conflict zone; establishment of multinational police force to maintain public order; and measures to return refugees to their home. Also agreed to invite international peacekeeping forces to the area and to the immediate resumption of negotiations.

Memorandum of understanding between the Georgian and Abkhaz sides at the negotiations held in Geneva, 1 December 1993. Commitment not to use force or threat of force for period of negotiations. Maintenance of peace to be promoted by increase in international observers and use of peacekeeping forces. Also provided for exchange of prisoners of war before 20 December in gesture of good will; urgent measures to find missing persons; creation of conditions for return of refugees and return of land and property Parties expressed hope for participation of United Nations High Commissioner for Refugees and appealed for humanitarian assistance. Agreed a group of experts would prepare recommendations on the political status of Abkhazia and set date for next round of negotiations.

(p.342) Communiqué on the second round of negotiations between the Georgian and Abkhaz sides, Geneva, 13 January 1994. Noted that provisions of the last memorandum were for the most part being implemented, and reaffirmed commitment not to use force. Appealed to UN to extend mandate of UN Observer Mission in Georgia (UNOMIG) and to intensify the international civilian presence. Provided for withdrawal of armed units from lines of confrontation and complete disarmament and made provision for a Russian military contingent in a UN peacekeeping force. Agreed to continue to work out agreement on voluntary return of refugees-displaced persons, to establish special commission on refugees, and to begin implementation of phased process of their return to Abkhazia. Also agreed to continue discussion of problem of political status of Abkhazia and expressed interest in establishment of an international commission to assist economic recovery.

Declaration on measures for a political settlement of the Georgian–Abkhaz conflict, 4 April 1994. Commitment to a formal ceasefire and reaffirmation of commitment to non-use of force. Also reaffirmed request for development of peacekeeping operation and appealed for expansion of UNOMIG mandate. Parties agreed Abkhazia would have its own Constitution, legislation, and state symbols, and reached mutual understanding on powers for joint action in various fields, including foreign policy, customs, ecology, and human rights, and the rights of national minorities. Agreed to continue efforts to achieve a settlement and to intensify efforts to investigate war crimes.

Quadripartite agreement on voluntary return of refugees and displaced persons, 4 April 1994. Agreed to guarantee safety of refugees-displaced persons and to respect their right to return peacefully. Also made provision for freedom of movement; return of property; role of UNHCR; and establishment of a commission to create conditions for refugee return and of a mechanism to reunify families.

Agreement on a ceasefire and separation of forces, Moscow, 14 May 1994. Formalized commitment to ceasefire and made provision for separation of forces and deployment of peacekeeping force of the Commonwealth of Independent States (CISPKF) to monitor compliance. Also appealed to UN to expand mandate of military services to provide for their participation.

Proposal for the establishment of a coordinating commission, Moscow, 11 May 1994. Agreed to establish a commission to discuss practical matters of mutual interest for a transitional period.

UNOMIG Mandate adopted by Security Council Resolution 937,21 July 1994. Mandate to monitor and verify implementation of Ceasefire Agreement.

Decision on measures for the settlement of the conflict in Abkhazia, Georgia, and the resolution on the extension of the mandate of the Collective Peacekeeping Forces in the zone of conflict, The Council of Heads of State of the Commonwealth of Independent States, 19 January 1996

Decision on the expansion of the operation for maintaining peace in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent States, 28 March 1997. Expanded CISPKF mandate.

Statement on the meeting between the Georgian and Abkhaz parties, Tbilisi, 14 August 1997. Expressed determination to end conflict and commitment to (p.343) resolving differences of opinion by peaceful political means. Noted there were substantial differences on key issues and agreed on need to maintain contact.

Protocol of the meeting of the Georgian and Abkhaz parties, Sukhumi, 20 August 1997

Concluding statement on the outcome of the resumed meeting between the Georgian and Abkhaz parties, Geneva, 17–19 November 1997. Welcomed proposals to strengthen involvement of UN and noted progress had not been made on the pivotal issues. Reaffirmed commitment to non-use of force and condemned acts of violence by armed groups or placement of mines. Agreed to take measures to halt any activity by illegal armed formations, terrorist and other ‘subversive groups and individuals’, and to take measures to convene a joint commission to resolve any practical issues. Also provided for establishment of a Coordinating Council and placed emphasis on need to resume process of voluntary return of refugees-displaced persons. Agreed to refrain from dissemination of hostile propaganda.

Record of the first session of the Coordinating Council of the Georgian and Abkhaz parties, Sukhumi, 18 December 1997. Adopted Statute of the Coordinating Council to take forward negotiations. Council would include three representatives each from Georgian and Abkhaz parties, and decisions would be binding. Agreed programmes for three working groups: Working Group I, to deal with issues related to the lasting non-resumption of hostilities and security problems; Working Group II, with refugees–displaced persons; and Working Group III, with economic and social problems.

Record of the first extraordinary session of the Coordinating Council of the Georgian and Abkhaz parties, Tbilisi, 22 January 1998. Instructed Working Group I to set up mechanism whereby parties, UNOMIG, and CISPKF could participate in the investigations and prevention of violations of the 1994 Moscow Agreement (see above).

Record of the second session of the Working Group I of the Coordinating Council of the Georgian and Abkhaz parties on issues related to the lasting non-resumption of hostilities and to security problems, Tbilisi, 22 January 1998. Agreed to cooperate in eliminating terrorist–banditry activities; to establish contact points and exchange information; and to form a joint investigation team on receipt of information. Also agreed to put forward proposals on preventive measures; to continue dialogue, and to develop a Plan of Action for the effective control of such activity.

Decision of 28 April 1998 on additional measures for the settlement of the conflict in Abkhazia, Georgia, The Council of Heads of State of the Commonwealth of Independent States, 28 April 1998. Decided to extend stay of Collective Peacekeeping Forces (CPF). Agreed to draw up plan to redeploy CPF and called on members of CPF to take more active part in peacekeeping. Expressed concern that decision of 28 March 1997 (expansion of peacekeeping forces) remained unimplemented, and agreed any further delay in process of return of refugees-displaced persons was inadmissible. Parties also agreed to seek cooperation of international community in resolving socio-economic and humanitarian problems.

(p.344) Protocol of the fourth (second special) session of the Coordinating Council of the Georgian and Abkhaz sides, Tbilisi, 22 May 1998. Decided to take steps to halt armed confrontation in Gali district and to instruct UN Secretary-General to hold consultations on development of mechanism to investigate and prevent incidents in violation of Moscow Agreement. Agreed to refrain from steps that could exacerbate situation and to take measures to promote peace process.

Protocol on the ceasefire, separation of armed units, and guarantees for the prevention of acts involving force, Gagra, 26 May 1998 (‘Gagra Protocol’). Provided for immediate ceasefire and withdrawal of both parties from Gali district and for establishment of special groups to monitor compliance. Abkhaz party obliged to prevent illegal acts involving force against the civilian population, and Georgian party obliged to take steps to halt infiltration of terrorist and subversive groups.

Concluding statement on the results of the second meeting of the Georgian and Abkhaz sides, Geneva, 23–25 July 1998. Welcomed implementation of 1997 Geneva Agreement, but noted several provisions had not been implemented. Expressed concern that parties were far from agreement on key issues, and stressed importance of bilateral contacts and direct dialogue as well as need for immediate implementation of the Coordination Council decision. Reaffirmed determination to put an end to conflict and agreement to refrain from hostile propaganda. Expressed commitment to rights of refugees–displaced persons, and to freedom of movement and security of humanitarian aid workers, and supported strengthened UN involvement. Annexes outlined position of both sides on violence in the Gali district and on the return of refugees.

Protocol of the fifth session of the Coordinating Council of the Georgian and Abkhaz sides, Sukhumi, 2 September 1998. Agreed to take effective steps to stop violence and to establish joint group to investigate and prevent terrorist acts and other offences. Pledged to examine and respond to protests made by UNOMIG and CISCPF about violations of Moscow Agreement, and agreed to request the UN Special Representative to resume negotiations on the elimination of consequences of May’s events, return of refugees, and measures to rehabilitate Abkhazia’s economy. In an annex the Special Representative, representatives of the Russian Federation, and others appealed to sides to refrain from actions that might exacerbate the situation, especially with regard to construction of military engineering installations.

Minutes of the meeting between the Georgian and Abkhaz sides on stabilization of the situation along the line separating the sides, 24 September 1998. Confirmed statements on halting armed conflict and overcoming differences by peaceful means, and agreed to bring military strength in security and restricted zones into line with Moscow Agreement, and to complete work defining line separating armed formations in Nabakevi-Khurcha and Otobaya-Gan-mukhuri villages. Agreed to establish effective communications between heads of administration in Gali and Zugdidi districts, and between leaders of armed groups in the two villages. Also provided for the establishment of working groups to draw up regulations governing procedure for joint investigation of criminal cases involving acts of terrorism and subversion committed in security zone.

(p.345) Athens meeting of the Georgian and Abkhaz sides on confidence-building measures, 16–18 October 1998. Reaffirmed commitment on right of refugees– displaced persons to voluntary return. Agreed to speed up conclusion of work on relevant documents; to provide for full implementation of 24 September Protocol, and to create joint mechanism to investigate violations of May 1994 Ceasefire Agreement. Also agreed to ensure link between leaders of military structures; to promote conclusion of working contracts in areas of energy, trade, agriculture, etc., and to investigate cases involving missing persons.

Protocol of the sixth session of the Coordinating Council of the Georgian and Abkhaz sides, Geneva, 17–18 December 1998

Decision on the further measures on settlement of the conflict in Abkhazia, Georgia, The Council of the Heads of State of the Commonwealth of Independent States, 2 April 1999

Istanbul statement of the Georgian and Abkhaz sides on confidence-building measures, 7–9 June 1999. Agreed to address issue of exchange of hostages and prisoners, to support joint investigations of incidents threatening stability, and to ensure implementation of 24 September 1998 Protocol. Provided for the revival of activities of working groups within framework of the Coordinating Council, and the development of mechanisms for exchange of information, especially between mass media and law-enforcement organs.

Guatemala

The civil war began after the failure of a nationalist uprising by military officers in 1960, and formally ended on 29 December 1996 with the signing of the agreement on a firm and lasting peace. Estimates suggested that 180,000 people died, 40,000 were disappeared, and 100,000 became refugees in Mexico. The war involved the related ingredients of colonialism, cold war left–right politics, injustice in distribution of land and socio-economic resources, and increasingly the treatment of indigenous peoples.

Basic Agreement on the Search for Peace by Political Means, 30 March 1990 (‘Oslo Agreement’). Sets out arrangements for facilitation of future dialogue and confirms appointment and mandate of National Reconciliation Committee (CNR) conciliator and invitation of UN monitoring force. Outlines plans for series of consultations involving Guatemalan National Revolutionary Unity (URNG) and a range of civil and political groups leading to direct dialogue with the government at an unspecified future date.

Agreement on the Procedure for the Search for Peace by Political Means (‘Mexico Agreement’), 26 April 1991. Agreed to discuss, first, substantive issues, such as democracy, human rights, refugees, truth commission, indigenous rights, the economic, social, and agrarian situation, the role of the army, strengthening of civil authorities and institutions, and constitutional reform. Procedural issues, such as arrangements for ceasefire, demobilization, and reintegration of the URNG into normal political life, to be discussed later. Confirmed functions of conciliator and UN observer, and both parties pledged not to abandon the negotiation process unilaterally.

(p.346) Agreement on a General Agenda, 26 April 1991

Framework Agreement on Democratization in the Search for Peace by Political Means, 25 July 1991 (‘uerétaro Agreement’). Outlined meaning and implications of a democratic regime. Agreed on importance of ending political repression, electoral fraud, and illegal manipulation of elections, and on need to promote citizen participation in development, implementation, and assessment of government policies.

Framework Agreement for the Resumption of Negotiations between the Government of Guatemala and the URNG, 10 January 1994. Agreed to negotiate on agenda of the Mexican Agreement, and laid ground rules for subsequent negotiations. Also agreed to promote establishment of an Assembly open to participation of non-governmental sectors, to discuss the substantive issues of negotiations, to transmit non-binding recommendations and guidelines, and to consider and endorse bilateral agreements concluded by the parties. Requested Colombia, Mexico, Norway, Spain, United States, and Venezuela to form a group of friends to support the process. Also agreed to request a UN representative to act as a moderator of the talks and gave UN responsibility for verifying the agreements. Expressed commitment to concluding a peace agreement in 1994.

Agreement on a Timetable for Negotiations on a Firm and Lasting Peace in Guatemala, 29 March 1994. Set December 1994 as the anticipated completion date.

Comprehensive Agreement on Human Rights, 29 March 1994. Commitment to observe fully human rights and to improve mechanisms for their protection. Verification role of UN mission to be defined to encompass all human rights violations committed after its inauguration.

Agreement on the resettlement of population groups uprooted by the armed conflict, 17 June 1994. Government committed to guaranteeing conditions necessary for safe return of internally displaced, to promote return of land, and to involve returnees in design and implementation of a comprehensive reintegration plan. Government assumed responsibility for decentralization and strengthening of municipal government. Parties requested UN help to fund projects resulting from the accord.

Agreement for the establishment of the commission to clarify past human rights violations and acts that have caused the Guatemalan population to suffer, 23 June 1994. Defined process for investing human rights abuses and for producing recommendations to contribute to national reconciliation. Agreed findings would not attribute responsibility to any individual, and recommendations would not be legally binding. Proceedings would be confidential, and content and sources of information would not be made public.

Agreement on the identity and rights of indigenous peoples, 31 March 1995. Outlined wide-ranging commitments to recognize the identity of indigenous peoples, to eliminate discrimination against them, and to guarantee their cultural, civil, political, economic, and social rights. Provided for establishment of three joint commissions on education reform, participation, and rights relating to land with equal numbers of government and indigenous people’s representatives. Also provided for establishment of two commissions to address granting of official status of indigenous languages and definition and preservation of sacred areas.

(p.347) Agreement on socio-economic aspects and the agrarian situation, 6 May 1996. Contained four chapters. (I) Democratization and Participatory Development: government committed itself to increasing citizen participation. (II) Social Development: promised high levels of government growth and restructuring of public expenditure to increase social investment. Included sections on education and training, health, social security, housing, and work. (III) Agrarian Situation and Rural Development: government agreed to strengthen provisions for consultation, to establish a trust fund to redistribute undeveloped land, to develop a land register, to raise new taxes on land, and to implement speedy resolution of land conflicts. (IV) Modernization of Government Services and Fiscal Policy.

Agreement on the strengthening of civilian power and the role of the armed forces in a democratic society, 19 September 1996. Provided for strengthening of democratic government. Under a reformed Constitution: civil patrols would be abolished; various police units restructured and unified to form the National Civil Police; reform of the penal code promoted; operations of private security firms regulated; forced conscription ended; and role of army limited to external defence.

Agreement on a definitive ceasefire, 4 December 1996. Set sixty-day timetable for separation and assembly of forces and for URNG disarmament. Demobilization to commence with a definitive ceasefire on date on which the UN verification mechanism was in place with full operational capacity

Agreement on constitutional reforms and the electoral regime, 7 December 1996. Government to place proposals for reform before Congress within sixty days of signing of the Agreement on a Firm and Lasting Peace. Main focus of proposals to be on the recognition of the identity and rights of indigenous peoples and the mandate and structure of the country’s security forces. Provision made for establishment of an Electoral Reform Commission to review the electoral process.

Agreement on the basis for the legal reintegration of the Guatemalan National Revolutionary Unity (URNG), 12 December 1996. Enabled the establishment of a joint government-URNG Integration Commission, and contained provisions to be included in a National Reconciliation Act.

Agreement on the implementation, compliance, and verification timetable for the peace agreements, 29 December 1996. Provided guide for implementation of all commitments undertaken since 1994. Mandate of the Commission for Historical Clarification set for six months, with possibility of one extension. Requested that the UN establish a mission to verify all agreements.

Agreement on a Firm and Lasting Peace, 29 December 1996. Triggered implementation of all previous agreements and bound them into an agenda for peace.

Guinea-Bissau

Former army chief of staff Ansumane Mare rebelled in June 1998, and was supported by most of the armed forces. His aim was to remove President Joao Bernardo Vieira and to hold new elections. An agreement was signed at Cape Verde, but sporadic fighting continued. A second agreement was signed, but sporadic clashes were still reported.

Ceasefire Agreement, Praia, 26 August 1998. Ceasefire agreed.

(p.348) Agreement between the Government of Guinea Bissau and the Self-Proclaimed Military Junta, Abuja, 1 November 1998. Brief agreement reaffirming ceasefire; providing for withdrawal of foreign troops to be replaced by Economic Community of West African States Ceasefire Monitoring Group (ECOMOG) to monitor the Guinea-Bissau–Senegal border and guarantee free access to humanitarian organizations and agencies; putting in place a government of national unity, to include members of the self-proclaimed junta; and agreeing to general and presidential elections not later than end of March 1999.

Final Communication of the Meeting of the Seven of the CEDEAO (Economic Community of the States of Western Africa) and the Contact Group for the CPLP (Community of the Portuguese-speaking countries), 25 August 1998. Provides for a coordinated mediation approach between the CEDEAO and the Contact Group for the CPLP, aimed at bringing peace to Guinea-Bissau. Meeting included an exchange of views between the participants and the government of Guinea-Bissau, and the self-proclaimed military junta, on the permanence and monitoring of the ceasefire, the reopening of the airport, return of refugees, international aid. Agreed on future meeting.

Haiti

Haiti’s President Aristide was ousted from power in a coup in 1993. A series of agreements preceded a return to constitutional order in 1994.

Protocole d’accord entre le Président Jean-Bertrand Aristide et le Premier Ministre désigné 1992

Accord de Governors Island 1993

Protocole d’accord entre le Président Jean-Bertrand Aristide et la Commission parlementaire de négociation 1993

India-Assam

The Bodo are a tribal peoples of about 2 million living in the mountain regions of eastern Assam. They want their own state, and several thousand have been killed in conflict since 1986. A truce was signed in 1989, and negotiations began with the Assam government. However, conflict was resumed by some Bodo elements. New attempts to reach settlement were not successful.

Memorandum of Settlement (Bodo Accord), 20 February 1993. Built on earlier agreements. Provided for establishment of a Bodoland Autonomous Council (BAC) within the state of Assam, to include villages with 50 per cent and more of tribal population: thirty-five members to be elected by adult suffrage and five members nominated by the Government. Council to be consulted before law made in three areas: law affecting religious or social practices of Bodos; Bodo customary laws and procedures; and the ownership and transfer of land within BAC area. Also provided for establishment of Special Courts to deal with cases between parties who belong to scheduled tribes, and for changes in the geographical areas (p.349) of the BAC. Agreed the General Council could lay down policy with regard to use of Bodo languages as medium of official correspondence within the BAC area, and that correspondence with offices outside the area would be in bilingual form. Agreement also reached on powers to regulate trade and commerce; employment opportunities with BAC having power to reserve jobs for scheduled tribes; civil and police services, with the central government agreeing to hold special recruitment drives within the BAC area; relief and rehabilitation, including the surrender of arms and protection of rights of non-tribals. An Interim Bodoland Executive Council was to be established for the transitional period. An appendix listed subjects and departments over which the BAC would have control.

The Bodoland Autonomous Council Act 1993. Provided that the BAC would have maximum autonomy within the framework of the Constitution, and outlined requirements for membership of General and Executive Council. Also gave details of election and administrative procedures and the powers and functions of both councils.

India–Darjeeling

Gorkhas in the state of West Bengal have waged guerrilla war against the central government for a number of years. Anti-foreign riots started in 1979 after a steady infiltration of people, both Hindu and Muslim, from other parts of Bengal. Tension continued until a peace agreement was concluded in 1988. The Accord of Darjeeling, 25 July 1998, provided for an autonomous Gorkha district around Darjeeling, which would remain part of West Bengal, with control over matters such as education, health, finance, and transport. This accord was implemented in The Darjeeling Gorkha Hill Council (Amendment) Act 1994.

India-Mizoram-Hmar

Mizoram was formerly a part of the state of Assam. A revolt led by the Mizo National Front (MNFP) began in February 1966 and continued until 25 June 1986, when Rajiv Gandhi signed an agreement meeting many of the rebels’ demands in exchange for their acceptance of the permanency of the Indian Union (Memorandum of Settlement, 1986 (The Mizo Accord)). Mizoram became a separate state, and the MNF leader became prime minister. In February 1987 the MNF won a majority of seats in the state Assembly. The peace agreements below were internal agreements between the government of Mizoram and the indigenous Hmar.

Five Point Agreement between the Government of Mizoram and the Hmar People’s Convention, 29 September 1993. Agreed to bring out an amicable solution to problem arising out of demands of Hmar People’s Convention; to give adequate autonomy to the council for social, economic, cultural, and educational advancement of the people; to initiate measures for use of the Hmar language as a medium of instruction up to primary level, and recognition of the Hmar language as one of the major languages of the state of Mizoram.

(p.350) India-Pakistan

India has fought several wars with Pakistan since independence in 1947, and there has been constant hostility between the two sides over that period, not least with respect to Kashmir. The following agreements were signed after the escalation of hostilities and nuclear testing incidents.

The Lahore Declaration, 21 February 1999. Both sides agreed to intensify efforts to resolve all issues; to refrain from intervention in the other’s internal affairs; and to intensify dialogue. Also agreed to take steps to reduce the risk of accidental or unauthorized use of nuclear weapons and to discuss confidence-building measures in the nuclear and conventional fields. Affirmed commitment to the promotion and protection of human rights and fundamental freedoms.

Joint Statement, 21 February 1999. Decided foreign ministers would meet periodically to discuss issues of mutual concern, and agreed to undertake consultations on World Trade Organization-related issues; to determine areas of cooperation in information technology; and to hold consultations on liberalizing the visa and travel regime. Also agreed to appoint a two-member committee to examine humanitarian issues relating to civil detainees and missing prisoners of war.

Memorandum of Understanding, 21 February 1999. Agreed to engage in consultations to develop confidence-building measures; to give notification of ballistic missile flight tests; and to conclude a bilateral agreement on this. Also agreed to reduce risks of accidental or unauthorized use of nuclear weapons and to give notification of any incident that could create the risk of fallout. Parties would conclude an agreement on prevention of incidents at sea, review the implementation of existing confidence-building measures and existing communication links, and engage in bilateral consultations on security, disarmament, and non-proliferation issues.

India–Tripura

In 1980 a group called the Tripura National Volunteer (TNV) began fighting for the state’s independence, in part at protest against the large number of immigrants from Bengal in the area, which meant that the tribal people were in the minority. In 1988 agreement was reached according to which the rebels agreed to surrender their arms and give up violence in return for reservation of seats in the Tripura Legislative Assembly, restoration of alienated lands to tribals, and redrawing of the boundaries of Autonomous District Council Areas (Memorandum of Settlement, 2 August 1988). However, the TNV also demanded the expulsion of Bengalis who had settled there.

Memorandum of Settlement, 23 August 1993. The All-Tripura Tribal Force (ATTF) covenanted to deposit arms and ammunition and to end underground activities. The government of Tripura covenanted to take steps for resettlement and rehabilitation of ATTF personnel; to take action in respect of sending back Bangladeshi foreign nationals who arrived after 25 March 1971; and to take steps (p.351) to restore land acquired from tribals. Also agreed on inclusion of tribal majority villages in Autonomous District Council (ADC) areas; village police force for the ADC; increase in numbers of seats for scheduled tribe candidates in the ADC. Provision also made for establishment of a cultural development centre; improvement of Kok Borak and other tribal languages; presentation of Ujjayanta Palace as a historical monument; and shifting of Tripura Legislative Assembly; renaming of villages, rivers, etc.; Jhumia resettlement and industrial development of ADC area. Housing and drinking water facilities and government employment or economic package to be provided for ATTF personnel with secured accommodation and escorts for ATTF office-bearers.

Iraq–Un

In the aftermath of the Iraq–UN conflict over Kuwait international monitoring of Iraq’s weapons capacity was provided for, together with enforcement of no-fly zones. UN inspection teams (UNSCOM) entered Iraq and stayed there until October 1997 when its American members were ordered to leave after reports that secret facilities for making biological weapons had been discovered. The US began to build up its air and naval forces in the region, and the UN Secretary-General went to Baghdad on 20 February 1998 to conduct negotiations with Saddam Hussein. Both parties agreed on 22 February that UNSCOM would be allowed unfettered inspections of ‘presidential sites’ if accompanied by neutral diplomats appointed by the Security Council.

Memorandum of Understanding between the United Nations and the Republic of Iraq, 23 February 1998. Iraq confirmed its acceptance of all relevant Security Council resolutions and the commitment of UN member states to respect the sovereignty and territorial integrity of Iraq was expressed. Iraq undertook to cooperate fully with UNSCOM and the International Atomic Energy Agency, and UNSCOM undertook to express its concerns relating to national security, sovereignty, and dignity. Special procedures for entry to presidential sites were also agreed, and the Secretary-General undertook to bring the matter of sanctions to the full attention of Security Council members.

Israel–Jordan

See Chapter 4.

Treaty of Peace between the State of Israel and the Hashemite Kingdom of Jordan, 26 October 1994. See Chapter 4.

The Washington Declaration, Israel–Jordan–United States, 25 July 1994. Affirms a common commitment to peace. Affirms the Common Agenda programmes and takes steps to further normalize relations between Israel and Jordan.

Israel–Jordan–Palestine Liberation Organization: Declaration on Cooperation on Water-Related Matters, 13 February 1996. Detailed provision on water matters.

(p.352) Israel–Lebanon

Israel has operated what it termed a ‘security zone’ in southern Lebanon since 1978. The zone suffered twenty years of war. In May 2000 Israel unilaterally withdrew from this area.

Israel–Lebanon Ceasefire Understanding, 26 April 1996. Negotiated by the United States. Provides for a ceasefire and a monitoring group consisting of the United States, France, Syria, Lebanon, and Israel. The United States undertakes to convene an international group to look at Lebanon’s reconstruction needs.

Israel–Palestine

See Chapter 4 for conflict description and peace agreements.

Liberia

See Chapter 2 for conflict description and implementation agreements.

ECOWAS Peace Plan—Banjul Communiqué, 7 August 1990. Called for immediate ceasefire and announced establishment of the Economic Community of West African States Ceasefire Monitoring Group (ECOMOG) to keep peace, restore order, and ensure ceasefire was respected. Also called for a national conference of all Liberian political parties and other interest groups to establish a civilian-dominated interim; and for elections to government to be held within twelve months.

Bamako Ceasefire, 28 November 1990. Expressed commitment to Economic Community of West African States (ECOWAS) Peace Plan and to immediate ceasefire.

Lomé Agreement, 13 February 1991. Built on earlier accords and specified modalities for implementation of the ceasefire.

Yamoussoukro I Accord, 30 June 1991

Yamoussoukro II Accord, 29 July 1991

Yamoussoukro III Accord, 17 September 1991

Yamoussoukro IV Accord, 30 October 1991. A culmination of work on previous three accords. Parties agreed timetable for disarmament and affirmed mandate of ECOMOG to supervise implementation of the agreement. They also noted the nomination of the five-member Elections Commission and five-member ad hoc Supreme Court from ranks of NPFL and Interim Government of National Unity (IGNU), and agreed that elections would be held within six months. An enclosure outlined ECOMOG tasks.

Geneva Ceasefire, 17 July 1993

The Cotonou Accord, 25 July 1993. Provided a framework for resolving the dispute, dealing with ceasefire, disarmament, demobilization, the structure of the transitional government, election modalities, repatriation of refugees, and a general amnesty.

For later agreements, see Chapter 2.

(p.353) Mali

The nomadic Tuaregs in the north have been in long-standing revolt against a government dominated by the south.

Agreement on a cessation of hostilities between the Government of the Republic of Mali, and the ‘Mouvement Populaire de l’Azaouad’ together with the ‘Front Islamique Arabe’, 6 January 1991. Provides for the logistics of a ceasefire with a commission to monitor, presided over by Algeria as mediator. Prisoners will be released.

Mexico

Conflict between Mexico government and Chiapas people (through the Zapatista National Liberation Army, EZLN) over indigenous rights and culture and self-rule.

Actions and Measures for Chiapas Joint Commitments and Proposals from the State and Federal Governments, and EZLN, 17 January 1996. Addresses: guarantees of access to justice (review of imprisonment, human rights; translation facilities; and education in legal structures); situation, rights, and culture of indigenous women; access to the communication media; education and culture; institutions for the promotion, development, and diffusion of indigenous cultures (legislation, and restructuring of development, educational, and cultural institutions).

Joint Declaration [between EZLN and federal government], 16 February 1996. General commitment by government to combating poverty and marginalization of indigenous peoples and combating discrimination. Specific commitments to recognizing indigenous peoples in general Constitution; broadening political participation and representation; guaranteeing full access to justice; promoting cultural manifestations of indigenous peoples; ensuring education and training; guaranteeing satisfaction of basic needs; promoting production and employment; protecting indigenous migrants. Establishes governing principles of pluralism, sustainability, comprehensiveness, and ‘free determination’. Sets out a new legal framework including indigenous rights.

Joint Proposals [between EZLN and federal government], 16 February 1996. Lists specific proposals to be remitted to national debating and decision-making bodies addressing, in chief, the legal framework and autonomy for indigenous peoples.

Commitments for Chiapas by the State and Federal Government and the EZLN under paragraph 1.3 of the Rules of Procedure, 16 February 1996. Provides for amendment of state of Chiapas Constitution to reflect indigenous rights. Sets out a loose framework of principles and structures for autonomy designed ‘to best represent the different and legitimate aspirations and situations of the indigenous peoples.’ Some details of the amendments are provided in the text of the agreement, as is a commitment to amend secondary legislation so as to bring it into line with the amended Constitution.

(p.354) Moldova–Transdniestria

In 1994 conflict focused on whether and when the Russian army would withdraw from the Transdniestria region of Moldova (where it had been since Soviet times). Russia wanted to wait until the self-proclaimed Transdniestria Republic had been given ‘special political status’. An agreement was reached in 1994 but not implemented. While ceasefires more or less held, the underlying conflict between Transdniestria separatists and the Moldovan government continued to simmer. During 1997 Russia made effort to broker agreement, resulting in the agreements below. However, differences over their interpretation led to difficulties. Further Russian mediation saw the parties agreeing to negotiations on a form of autonomy for Transdniestria. Then in October 1997 an agreement on principles of social and economic cooperation was signed. In 1997 the unimplemented 1994 agreement on Russian withdrawal was addressed, reportedly leading to agreement for withdrawal.

Agreement on the Withdrawal of Russian Forces, 21 October 1994

Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria, 8 May 1997. Signed by Moldovan President Petru Lucinschi, and Igor Smirnov, the leader of the breakaway Transdniestria region. Reaffirmed commitment not to use or threaten force and to resolve differences through peaceful means with the assistance of the Russian Federation and Ukraine, the Organization for Security and Cooperation in Europe (OSCE), and the Commonwealth of Independent States (CIS). Agreed to continue the establishment of state–legal relations between them. Document defining these relations and the status of Transdniestria to be based on the principles of mutually agreed decisions, including the division and delegation of competencies and mutually assured guarantees. Agreed Transdniestria would participate in conduct of foreign policy of the Republic of Moldova on questions touching its interests, and would have the right to establish unilaterally and to maintain international contact in the economic, scientific–technical, and cultural spheres, and in other spheres by agreement of the parties. Also requested the Russian Federation, Ukraine, and the OSCE to continue their mediating efforts and reaffirmed continuance of activities for maintaining peace carried out by the joint peacekeeping forces in the security zone.

Joint Statement of the Presidents of the Russian Federation and Ukraine in Connection with the Signing of the Memorandum on the Bases for Normalization of Relations between the Republic of Moldova and Transdniestria, 8 May 1997. Welcomed signing of the memorandum as an important step towards settlement of the Transdniestrian problem and towards strengthening mutual trust, stability, and security. Declared that its provisions could not contradict generally accepted norms of international law and would not be interpreted or acted upon in contradiction to existing international agreements recognizing the sovereignty and territorial integrity of the Republic of Moldova. Also noted the intention to intensify mediation efforts and called upon parties to initiate negotiations immediately to complete a comprehensive document on the final settlement of the conflict and a mechanism of appropriate guarantees. Affirmed readiness to act as guarantors for the compliance with the provisions on the status of Transdniestria as a component part of a united and territorially whole Republic of Moldova.

(p.355) Agreement between Chisinau and Tiraspol, 26 September 1997. Agreed to future talks.

Chisinau–Tiraspol Cooperation Agreement, 11 November 1997. Agreement on organizational principles of social and economic cooperation signed by Moldovan prime minister and Transdniestria leader, Igor Smirnov.

Mozambique

A Marxist government came to power after Mozambique gained its independence on 25 June 1975. The Mozambique National Resistance Organization (Renamo) was set up in 1976 and began a campaign of disruption against the new government. The conflict intensified in the 1980s, and at least 100,000 people were killed between 1984 and 1988, despite peace accords signed in 1984. When international support for the government declined at the end of the cold war, moves were made towards peace, with peace accords in 1989 paving the way for the Rome process. A ceasefire was called in August 1992 and elections were held in October 1993.

‘Rome Process’;

Joint Communiqué, 10 July 1990. Parties expressed their willingness to do everything possible to search for peace, and agreed to engage in dialogue in a spirit of mutual understanding.

Agreement on a Partial Ceasefire in Mozambique, 1 December 1990. Renamo agreed to end all offensive military operations in agreed areas, and both parties undertook to avoid any activities that could violate the spirit or letter of the agreement and renewed their commitment to discussing remaining points on the peace agenda. Provision was also made for the creation of a Joint Verification Commission to ensure the implementation of the agreement.

Protocol on Detailed Agenda, 28 May 1991

Protocol I—Basic Principles, 18 October 1991. The government undertook to refrain from any action contrary to the protocols, and Renamo agreed to refrain from armed struggle. Both parties affirmed their commitment to concluding the General Peace Agreement as soon as possible and agreed that the protocols would form an integral part of that agreement. They also agreed in principle to establish a Commission to supervise and monitor compliance with the agreement.

Protocol II—Criteria and Arrangements for the Formation and Recognition of Political Parties, 13 November 1991. Agreed that Renamo would commence its activities as a political party immediately after the signing of the General Peace Agreement and agreed to establish a timetable for the implementation of the protocol.

Protocol III—Principles of the Electoral Act, 12 March 1992. Electoral Act to be drafted by the government in consultation with Renamo and all other political parties. Drafters to be guided by principles of freedom of press and access to the media; freedom of association, expression, and political activity; liberty of movement and freedom of residence; return of refugees–displaced persons and social reintegration; system of democratic, impartial, and pluralistic voting; and guarantees for the electoral process and role of international observers.

Agreed Minute on Rearrangement of Agenda, 19 June 1992

(p.356) Declaration on the Guiding Principles for Humanitarian Assistance, 16 July 1992. Agreed to permit and facilitate the relief operation, to be coordinated and supervised by a committee presided over by the UN; not to derive military advantages from it; and to cooperate with the international community in Mozambique in formulating action plans.

Joint Declaration, 7 August 1992. Expressed commitment to guaranteeing conditions for complete political freedom and personal safety of all citizens and all members of political parties. Agreed to accept the role of the international community in monitoring the implementation of the General Peace Agreement and to respect the principles set forth in Protocol I.

Protocol IV Military Questions, 4 October 1992. Agreed on the formation of the Mozambique Defence Force with 50 per cent of troops from each side and on the withdrawal of foreign troops from Mozambican territory. Also agreed on the function of the National Service for People’s Security; on the depoliticization and restructuring of the police forces; and on the economic and social reintegration of demobilized soldiers.

Protocol V Guarantees, 4 October 1992. Agreed on timetable for the conduct of the electoral process and on the composition and powers of the National Elections Commission, with government, Renamo, and UK representatives, to supervise the ceasefire and monitor respect for and implementation of the agreements. Government agreed to make legal instruments incorporating the protocols, the guarantees, and the General Peace Agreement for adoption into Mozambique law.

Protocol VI Ceasefire, 4 October 1992. Agreed on cessation of armed conflict and on operational timetable for the ceasefire and the release of prisoners.

Protocol VII Donors’ Conference, 4 October 1992. Agreed to ask the Italian government to convene a donors’ conference to finance the electoral process and emergency and reintegration programmes, and to request that an appropriate share be available to political parties.

The General Peace Agreement, 4 October 1992. Accepted the protocols as binding and other documents listed as integral parts of the General Peace Agreement, and undertook to do everything within their power for the achievement of genuine national reconciliation.

Namibia–South Africa

Walvis Bay is a port on the coast of South West Africa which became part of the South African government’s Mandate over South West Africa. In 1977, when Namibian independence became a possibility, South Africa placed the administration of Walvis Bay under Cape Town province. On Namibian independence Namibia claimed sovereignty over Walvis Bay, and South Africa resisted those claims. In 1992, when the South African peace process was developing, South Africa and Namibia agreed to administer the area jointly, pending a settlement. This settlement was expedited by the South African peace process and was reached in the treaty below, which transferred Walvis Bay (and offshore islands) to Namibia.

(p.357) Agreement on the Joint Administration of Walvis Bay and the Offshore Islands, 9 November 1992

Treaty on Walvis Bay, 1 March 1994

Niger

Conflict between the government and the Coordination de la Résistance Armée (CRA).

Agreement between the Government of the Republic of Niger and the ‘Coordination de la Résistance Armée’ (CRA), 9 October 1994 (‘Ouagadougou Accord’). Set out a framework for agreement providing for devolution of power to ‘territorial collectivities’; the territorial division to be agreed by a special commission of which the CRA were to be members. Power to be devolved to include budget, organization, and programmes, with a special emphasis on economic development. Agreement provided for state representatives on all devolved bodies, to protect state interests. Also provided for urgent rehabilitation and economic reconstruction of conflict areas; return and reintegration of refugees; a ceasefire; the creation of an international commission of inquiry to look at past actions; a joint committee to oversee implementation; and international finance. Parties commit to further negotiations on points not addressed, notably on armed forces and economic, social, and cultural development.

Agreement establishing a lasting peace settlement between the Government of the Republic of Niger and the ‘Organisation de la Rèsistance Armèe’ (ORA), 15 April 1995. Affirms and slightly revises the first agreement, establishing a new ceasefire, and a joint peace committee. Deals with security logistics such as ceasefire monitoring and future decommissioning (which is to be tied to government economic development). Agreement provides for an amnesty for some ORA and state defence members for acts in the conflict; a day of national reconciliation dedicated to victims; reintegration of ORA civil servants and students into state institutions. Agreement also deals with armed forces (integrating ORA into special new units); and decentralized social and economic development. A time line is provided.

Additional Peace Protocol between the Government of the Republic of Niger and the United Forces of the Resistance Army (FPLS, MUR, FAR) and the Armed Revolutionary Forces of the Sahara, 28 November 1997. Establishes a ceasefire, release of prisoners, and de-mining, and future uniting of forces, and disarmament of ex-combatants.

Papua New Guinea–Bougainville

For description of the conflict and pre-negotiation agreements, see Chapter 2.

The Lincoln Agreement on Peace, Security and Development on Bougainville, Lincoln, Christchurch, New Zealand, 23 January 1998. An agreement to a ‘permanent and irrevocable ceasefire, and a framework for normalization. Provided for a peace monitoring group, a transition to civilian policing, promotion of (p.358) reconciliation, removal of bounties and free movement, amnesty to persons involved in ‘crisis-related activities on all sides’, and cooperation for restoration and development. Provided for further annexes to add further detail.

Permanent and Irrevocable Ceasefire Agreement, Arawa, 30 April 1998

Buin Declaration, 20–2 August 1998. Reconfirmed Bougainvillean commitment to Bougainville Reconciliation Government.

Bougainville Reconciliation Government Basic Agreement, 15–16 January 1999. Agreement among Bougainville parties for a new government, given breakdown in negotiations with the PNG. Also adopted a Constitution.

Matakana and Okataina Understanding, 14–22 April 1999. Understanding among Bougainville parties for government. Paved way for formation of interim advisory body.

Hutjena Minute, 10 July 1999. Agreement on a set of principles governing Bougainville’s political future.

Nehan Resolution, 29 October 1999. Agreement between Bougainville parties to discuss issues of full automony and a referendum with the PNG government.

The Buka Resolution, 16 November 1999. Adopted by members of Parliament and Bougainville leaders. Endorsed a timetable for political negotiations and agreed on identifying a negotiating team.

Bougainville Negotiating Position, Buka, 29 November 1999. Outlined a position on autonomy, mechanisms for implementation and guarantee, and options for a deferred referendum, to form the basis for any negotiations with the PNG.

The Arawa Resolution, 2 December 1999. Agreement between ex-combatant members of BRA and Resistance Commanders to a way forward for negotiations with the PNG.

Hutjena Record, 16 December 1999. Set out a Bougainville common negotiating position between PNG government and the Bougainville People’s Congress.

Loloata Understanding, 17–23 March 2000. Culminated the third round of political negotiations between PNG delegation and Bougainville leaders. Committed to establishing an autonomous Bougainville province within the Constitution of Papua New Guinea. Leaves open question of independence and commits parties to discussing matter.

Philippines–Mindanao

The conflict on this island under the jurisdiction of the Philippines began in 1970, when Philippine President Marcos declared martial law, and the Moro (or Muslim) National Liberation Front (MNLF) resorted to a war of independence. The Moros were granted a degree of autonomy following the signing of the Tripoli Agreement between the MNLF and government representatives in 1976. However, the agreement unravelled within a matter of months. The conflict has been between Moros, involving three main factions (the largest, the MNLF, the Bangasa Moro Liberation Organization, and the Moro Islamic Liberation Front, MILF) and the Filipino government. Exploratory talks were held between the government of the Philippines (GRP) and the MNLF in 1992, and a peace agreement was signed on 19 August 1996, but the other two groups continued to fight. Agreements were (p.359) later signed between the GRP and the MILF. Approximately 120,000 are estimated to have died in the civil war.

Peace Agreements

Statement of Understanding between the GRP and the MNLF, first round of the GRP–MNLF exploratory talks, Tripoli, Libya, 4 October 1992

Statement of Understanding on the Second Round of the Exploratory Talks between the GRP and the MNLF, Cipanas, Indonesia, 16 April 1993

Interim Ceasefire Agreement between the GRP and the MNLF with the Participation of the OIC [Organization of Islamic Conference], Jakarta, Indonesia, 7 November 1993

Joint Guidelines and Ground Rules for the Implementation of the 1993 Interim GRP–MNLF Ceasefire Agreement—GRP–MNLF Panels, Zamboanga City, Philippines, 20 January 1994

Interim Agreement, second round of formal peace talks between the GRP and the MNLF with the participation of the OIC, Jakarta, Indonesia, 5 September 1994

Interim Agreement, third round of formal peace talks between the GRP and the MNLF with the participation of the Ministerial Committee of Six and the Secretary-General of the OIC, Jakarta, Indonesia, 1 December 1995

Davao Accord, Points of Consensus of the 8th GRP–MNLF Mixed Committee Meeting with the participation of the OIC Ministerial Committee of Six, Davao City, Philippines, 23 July 1996

Final Peace Agreement, Manila, 2 September 1996. See Chapter 2.

Interim Cessation of Hostilities in Buldon, Maguindanao, 27 January 1997. Provincial governor of Maguindanao to provide assistance to ensure the return to office of the mayor of Buldon, and to assist government agencies in relief and rehabilitation of evacuees and the reopening of schools in the affected areas. Agreed that the GRP and MILF forces would maintain ‘as is, where is’ positions within the area of conflict prior to discussions on the matter, and that Philippine National Police (PNP) would continue its mandated role to enforce all laws and maintain peace and order. MILF agreed to move and not establish checkpoints, road blocks, etc. along the road networks from Parang to Buldon, and the Armed Forces of the Philippines (AFP) and MILF agreed to refrain from provocative actions. Provided for the withdrawal of all AFP forces at the option of the AFP based on its evaluation of the peace and order situation.

GRP–MILF General Cessation of Hostilities Agreement, Cagayan de Oro City, Philippines, 18 July 1997. Agreed to commit armed forces to a general cessation of hostilities; to direct their respective Subcommittees on Cessation of Hostilities to meet on 30 July 1997 to draw and finalize guidelines and ground rules for the implementation of the agreement, and to resume and proceed with formal peace talks.

GRP–MILF Agreement (Supplemental) on repositioning troops and the display of fire arms, Cotabato City, Philippines, 3 September 1997

Implementing Administrative Guidelines of the GRP–MILF Agreement on the General Cessation of Hostilities, 12 September 1997. Provided for creation (p.360) by the GRP and MILF of Coordinating Committees on Cessation of Hostilities (CCCH) to implement the administrative guidelines; of a joint Independent Fact-Finding Committee (IFFC) to make inquiries on matters referred to it for appropriate action; and of a GRP–MILF Coordination Committees Secretariat by the coordinating committees. Outlined composition and functions of the CCCH, the IFFC, and the Coordination Committees Secretariat, as well as administrative and support arrangements and conduct of public information concerning cessation of hostilities. Also listed areas of coverage of the cessation of hostilities.

Implementing Operational Guidelines of the GRP–MILF Agreement on the General Cessation of Hostilities, Marawi City, Philippines, 14 November 1997. Listed prohibited hostile and provocative acts, and actions exempted from cessation of hostilities. Also outlined ground rules and provided for observation of cessation of hostilities and conduct of inquiry by the GRP–MILF CCHC and action to be taken by the GRP and MILF if their forces violate the guidelines and ground rules. Other provisions dealt with security of the GRP and MILF panels and CCCH members, and relationships between the CCCH and the GRP and MILF forces.

Agreement to Sustain the Quest for Peace, 6 February 1998. GRP agreed to commence immediately to reposition its forces in Buldon, Maguindanao; to use its utmost efforts to resolve the issue involving Upper Minabay–Banganan–Ambal rivers in Buldon, and to propose the immediate suspension of logging operations of the Cotabato Timber Company and other logging concessionaires until final resolution of the conflict. GRP and MILF Technical Committees agreed that operationalization of the Monitoring Office of the Coordinating Committees on Cessation of Hostilities would be determined later; agreed on expansion of IFFC membership; and on formation of a Quick Response Team (QRT) composed of representatives from GRP, MILF, and the IFFC to address alleged violations of the Agreement on the General Cessation of Hostilities immediately. Both parties confirmed their strict adherence to the Implementing Operational Guidelines of the Agreement on the General Cessation of Hostilities signed on 14 November 1997.

Agreement to Sustain the Quest for Peace, 11 March 1998. Agreed on the location, composition, and operation of the QRT. QRT to address immediately a reported conflict–confrontation between the GRP and MILF panel and GRP and MILF CCCH to convene immediately to assess and respond to the reports and findings of the QRT.

GRP–MILF General Framework of Agreement of Intent, 27 August 1998. Commitment to pursue peace negotiations on substantive issues as soon as possible, and to continue until political settlement reached. Pledged to implement the joint agreements previously signed and to refrain from use or threat of force. Affirmed commitment to protect and respect human rights, and recognized that there would be lasting peace when there was mutual trust, justice, freedom, and tolerance for identity, culture, way of life, and aspirations of all the peoples of Mindanao.

Resolution Creating a Joint Monitoring Contingent (JMC) to Oversee the Peace Situation in Upper Minabay, Buldon, Maguindanao, 16 October 1998. GRP–MILF Subcommittees on Cessation of Hostilities agreed on establishment of a Joint Monitoring Contingent to monitor the implementation of the 6 February 1998 Agreement to sustain the Quest for Peace with twenty-three personnel each from the PNP and the MILF. Also resolved that GRP would reposition its forces, that MILF would (p.361) not occupy the vacated area, and that GRP would implement paragraph 2 of the Agreement to Sustain the Quest for Peace regarding the suspension of logging operations by the Cotabato Timber Company in the vacated area.

Joint Acknowledgement, 10 February 1999. Acknowledged two MILF camps to be covered by the cessation of hostilities for the duration of the peace talks and tasked GRP and MILF CCCH to schedule at its first meeting the determination of the limits of the two camps, to be submitted to GRP and MILF peace panels for confirmation. Also acknowledged that CCCH would proceed to determine and verify other MLF camps.

Rule and Procedures in the Administration of the Joint Secretariat of the Joint GRP–MILF Coordinating Committees on Cessation of Hostilities, 18 May 1999. Established and outlined functions of various offices of the secretariat.

Rules and Procedures in the Determination and Verification of the Coverage of Cessation of Hostilities, 18 May 1999. Agreed on general provisions for the identification and verification of MILF camps/positions, including scheduling and the designation of an MILF camp/position coordinator initially to identify camps–positions to be verified, to act as a guide of the verifying party, and to provide maps and demographic data. Prohibited ground movement of troops and surveillance devices or gadgets. Also outlined scope of verification, procedures for verification and post-verification activities. Joint CCCH to proceed with verification and identification of five camps as set forth in joint statement; verification of other camps/positions to be conducted upon agreement of the other parties.

September 1999 Agreement, 2 September 1999. Agreed to hold opening ceremony of formal peace talks on 20 October 1999. Also agreed that all inspections, verifications, and acknowledgement of the remaining MILF identified areas would continue until its completion on 31 December 1999.

Philippines–Ndf

Conflict between government of the Philippines and communist National Democratic Front–New People’s Army (NDF), who were engaged in a long-running communist insurgency in Luzon. A series of peace agreements were reached in 1998.

Agreement on Additional Implementing Rules on Safety and Immunity Guarantees (JASIG), 16 March 1998. Agreed on security for duly accredited persons, and organization of their respective security committees to agree on guidelines for the implementing rules and their implementation. Agreed to prior notice on holding of consultations and disclosure of appropriate information. Security committees also to agree on necessity of declaring mutual ceasefire in areas where consultations were being conducted; on determination of safety areas and adequate protection for routes of safe passage. Also provided for formation of central and regional security forces. Duly accredited persons and members of security forces authorized to carry sidearms–firearms to act in a manner that would promote objective of negotiations.

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, 16 March 1998.

(p.362) Parties agreed to adhere to and be bound by the principles and standards in international instruments on human rights, and the principles of international humanitarian law to protect the civilian population as well as persons with no direct part or who had ceased to take part in the armed hostilities. Also provided for establishment of a Joint Monitoring Committee to monitor implementation of the agreement. Committee to investigate complaints of violations of human rights and international humanitarian law and to make report and recommendations to the parties.

Joint Agreement in Support of Socio-Economic Projects of Private Development Organizations and Institutes, 16 March 1998. GRP agreed to respect, encourage, and extend appropriate support to private development organizations and institutes carrying out various programmes, projects, and activities, including those aimed at promoting a just and lasting peace; to engage in research and planning for the Filipino people’s empowerment and development; to promote respect for human rights and relief and undertaking relief and rehabilitation programmes. Agreed that development organizations would raise, manage, and use such financial resources as necessary, and would have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.

Russia–Chechnya

Chechnya proclaimed its independence in August 1991, but in December 1994 President Yeltsin ordered the Russian army to occupy Grozny, the capital of Chechnya, in an attempt to curb Chechen nationalism and its use as a base for criminal activity in Russia. This proved more difficult than the Russians had anticipated, and by March 1996 the conflict was continuing. In March 1996 Yeltsin ordered the Russian military to cease offensive military operations, and set out a proposal for negotiations. In May a ceasefire agreement was signed, but it broke down in July. In August a humiliating defeat for the Russians at Grozny saw Yeltsin appoint Aleksandr Lebed as special envoy to Chechnya. Negotiating from a position of weakness, he reached the Khasavyurt Accord. Yeltsin took some time to associate himself with the agreement, and while the ceasefire largely held and the process continued, it did so with divergent Russian and Chechen notions of what the final status of Chechnya would be, and indeed different notions of what the agreements provided on this. In 1999 a series of attacks on civilians in Russia were attributed by Russians to Chechens and sparked a Russian offensive on Chechnya aimed at retaking territory and in particular Grozny. The conflict continues at the time of writing.

Protocol of the Meeting of Delegations on the Issue of Peaceful Resolution of the Crisis in the Chechen Republic with OSCE Support, 20 June 1995

Protocol of the Meeting of Delegates for the Peaceful Resolution of the Crisis in the Chechen Republic with the Cooperation of the OSCE, 21 June 1995

Agreement on the Peaceful Regulation of the Situation in the Chechen Republic (on a set of military issues), 30 July 1995. Provided for ceasefire, freeing of prisoners of war, disarmament, and withdrawal of troops.

Agreement on the Basic Principles of Relations between the Russian Federation and the Chechen Republic, 3 December 1995.

(p.363) Decree of the President of the Russian Federation on the Resolution of the Chechen Crisis, 31 March 1996 (‘Yeltsin’s Peace Plan’). Initiative from Yeltsin with two main aspects: the gradual withdrawal of federal troops, and signals of a readiness to negotiate. Loose process sketched out as including free and democratic elections in the republic; devolution of power; culmination in a treaty delimiting powers with the possibility of eventual resolution of Chechnya’s status. At this time Yeltsin issued an order to the Russian military to cease offensive military operations.

Agreement on a Ceasefire, the Cessation of Military Activities, and on Measures for a Settlement of the Armed Conflict on the Territory of the Chechen Republic, 27 May 1996. Ceasefire agreement signed by acting Chechen President Yandarbiev and Russian Prime Minister Chernomyrdin with the two protocols below, fleshing out the other commitments.

Draft Treaty on the Delimitation of Subjects of Jurisdiction and Powers between the Russian Federation Organs of State Power and the Chechen Republic Organs of State Power, 31 May 1996. Provides for the special status within the Russian Federation of the Chechen Republic as a sovereign, democratic, rule-of-law, social state’. Provides for a delimitation of Russian and Chechen competencies.

Protocol of the Meeting of the Commissions on the Negotiations regarding a Ceasefire and Cessation of Hostilities and on Measures to Settle the Armed Conflict on the Territory of the Chechen Republic, 10 June 1996. Provided for the withdrawal of Russian troops by the end of August 1996 with surrender of Chechen weapons.

Protocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to Locate Missing Persons and to Free Forcibly Detained Persons, 10 June 1996. Provided for the establishment of a joint working group to locate missing persons and to free prisoners of war, and set date for exchange of twenty-seven military personnel from each side.

Agreement on Urgent Measures to Stop Fire and Combat Operations in the City of Grozny and on the Territory of Chechnya, 22 August 1996

Russian–Chechen Truce Agreement and Principles for Clarifying the Basis for Mutual Relations between the Russian Federation and the Chechen Republic, 25 August 1996 (Khasavyurt Accord). Postponed a decision on the status of Chechnya, calling for an agreement on a treaty for regulating Russian–Chechen relations to be made before 31 December 2001. Also stipulated the creation of a joint commission of Russian and Chechen representatives to prepare for the with– drawal of Russian forces from Chechnya, to combat ‘crime and terrorism’, to draw up proposals for economic reconstruction, implement programmes for rebuilding of infrastructure, and control supply and distribution of food and medical aid. Joint commitment to agreement made by parties on 31 August 1996.

RussianChechen Agreement, 23 November 1996.

Chernomyrdin Agreement, 3 October 1997. Setting up joint commission to implement Khasavyurt Agreement.

Treaty on Peace and the Principles of Mutual Relations between the Russian Federation and the Chechen Republic of Ichkeria, 12 May 1997. Brief agreement with three provisions: that both sides had ‘renounced for ever the use of force and the threat to use force in resolving all disputed issues’; that both sides agreed ‘to (p.364) construct relations in accordance with the generally recognized principles and norms of international law, and to deal with one another on the basis of specific agreements’; and that the treaty would ‘serve as the basis for additional treaties and agreements on the entire complex of mutual relations.’ Treaty was accompanied by two intergovernmental agreements, one dealing with economic cooperation, and the second with the mechanism for effecting financial transfers between the Russian central bank and Chechen government.

Rwanda

The Tutsi minority was oppressed by the Hutu government installed after Rwanda gained its independence from Belgium in 1961–2. In October 1990 Tutsi guerrillas, under the name of the Rwandese Patriotic Front (RPF), invaded Rwanda from Uganda, and fierce fighting followed. The Arusha Accords seemed to provide a possible basis for peace, but just as their acceptance by the Rwandan president seemed imminent, both he and the president of Burundi (see above) were assassinated on 6 April 1994, by Hutu factions in the government and army, in a strike against the agreements. These groups then began a campaign of genocide against the Tutsi people. In July 1994 the Hutu government was forced to flee to Zaire (now Democratic Republic of Congo, see above), and a new government was established by the RPF. However, the RPF victory did not end the violence, as forces from the ousted government, former Rwandan armed forces, and Hutu Interhamwé militias continued attacks. The Arusha Accords did, however, continue to provide a framework for government.

Arusha Accords

N’Sele Ceasefire Agreement, 29 March 1991, between the Government of the Republic of Rwanda (GRR) and the RPF as amended at Gbadolite on 16 September 1991 and at Arusha, 12 July 1992. Recognized ceasefire as the first stage of a peace process to culminate in a peace agreement, and agreed that verification was to be conducted by a neutral military observer group under Organization for African Unity (OAU) supervision. Provided for the establishment of a Joint Political Military Commission composed of five representatives of the GRR and five representatives of the RPF to follow up the implementation of the agreements. Also provided for the formation of a national army with government and RPF forces, and for the establishment of power-sharing within the framework of a broad-based transitional government, and set a timetable for further negotiations. Protocol of Agreement between the GRR and the RPF, 18 August 1992. Consisted of four parts. (I) Agreement that national unity was to be based on equality, equal opportunities, and respect for fundamental rights; rejection of exclusion and discrimination; and undertaking not to hinder the free exercise of the right of refugees to return to their country. (II) Agreement that democracy was to be expressed through regular, free, transparent, and fair elections, and acceptance of the implications of the fundamental principles of democracy. (III) Recognition that democratic society is founded on pluralism, which is the expression of individual (p.365) freedoms, and must respect national unity and the fundamental rights of the citizen. (IV) Provided for the establishment of an independent National Commission on Human Rights to investigate human rights violations, to educate the population about human rights, and to institute legal proceedings where necessary. Established an International Commission of Inquiry to investigate human rights violations committed during the war.

Protocol of Agreement on Power-Sharing within the Framework of a Broad-Based Transitional Government between the GRR and the RPF, 30 October 1992 and 9 January 1993. Reaffirmed acceptance of principle of power-sharing within the framework of a broad-based transitional government, and agreed on modalities for its implementation. Provided for the establishment of a Commission for National Unity and National Reconciliation, a Legal and Constitutional Commission and an Electoral Commission. Also agreed on the implementation of a programme comprising democracy; defence and security; national unity and national reconciliation; post-war rehabilitation, repatriation, and reintegration of refugees, and the economy

Protocol of Agreement between the GRR and RPF on the Repatriation of Refugees and the Resettlement of Displaced Persons, 9 June 1993. Outlined the basic principles for the voluntary return and repatriation of Rwandan refugees including the provision of land by the GRR, and recognition of the right to property for all the people of Rwanda, and of the principle of dual citizenship. Also provided for the establishment of a Commission for Repatriation with GRR, UN High Commissioner for Refugees OAU, and refugee representatives, and outlined modalities for the integration of refugees with regard to employment, housing, and access to services and education. Outlined timetable for implementation of the Overall Programme for Repatriation as well as measures for the return of persons displaced by war and social strife.

Protocol of Agreement between the GRR and RPF on the Integration of the Armed Forces of the Two Parties, 3 August 1993. Consisted of three chapters. Chapters I and II outlined missions and principles; size, structure, and organization; types of service and discipline procedures; and process for the formation of the National Army and the National Gendarmerie. Chapter III provided details on the demobilization process.

Protocol of Agreement between the GRR and the RPF on Miscellaneous Issues and Final Provisions, 3 August 1993. Consisted of two chapters. Chapter I outlined arrangements for state security services, including communal police, prison services, and the Public Prosecution Department. Chapter II consisted of miscellaneous provisions giving details concerning oaths of office and violations of the fundamental law, by the president, prime minister, other ministers and Supreme Court judges, and outlining modalities for resignations by the president, prime minister and other ministers. Also provided for the ratification of international instruments on human rights; the deletion of reference to ethnic origin in official documents; and precedence for the principles of the Universal Declaration of Human Rights over the corresponding principles in the Constitution. Also set out procedure for amendments to the peace agreement, and provided that the duration of the transition period was to be twenty-two months, with the possibility of one extension.

Peace Agreement between the GRR and the RPF, 4 August 1993. Declared that the war was thereby brought to an end, and provided that the documents above were an integral part of the peace agreement. Also provided that the transitional (p.366) government would be set up within thirty-seven days, operating under the Constitution of 10 June 1991 and the Arusha Peace Agreement during the transition period.

Sierra Leone

The Revolutionary United Front (RUF) began a rebellion in March 1991, and in November 1996 their leader agreed to a ceasefire with the new democratically elected president, Ahmad Tejan Kabbah. However, a coalition of the Armed Forces Revolutionary Council (AFRC) and the Revolutionary United Front (RUF) overthrew President Kabbah in a coup in May 1997, taking power together. Economic Community of West African States Ceasefire Monitoring Group (ECOMOG) troops and local militia reinstalled President Kabbah in March 1998. The conflict continued with systematic terror against the civilian population. In 1999 an agreement was reached with the RUF which included, among other things, provisions for prisoner release. This agreement broke down and fighting escalated again in 2000. Again conflict has a regional dimension.

Peace Agreement between the Government of the Republic of Sierra Leone and the Revolutionary United Front of Sierra Leone (RUF/SL), Abidjan, 30 November 1996. Agreement to a ceasefire. A national Commission for the Consolidation of Peace to supervise and monitor the implementation of compliance with agreement. The commission is to establish a socio-economic forum; citizens’ consultative conferences; multi-partisan council; trust fund for the consolidation of peace; a demobilization and resettlement committee; and a national budget and debt committee. The Commission is to consist of representatives of both sides drawing on state and civic institutions. A Citizens’ Consultative Conference is also to be organized. Combatants are to be disarmed ‘upon their entry into the designated assembly zones’, with demobilization and reintegration as soon as practicable thereafter.

ECOWAS Six-month Peace Plan for Sierra Leone (Conakry Peace Plan), 23 October 1997. Provided a seven-point peace plan aimed at the early return of constitutional governance to Sierra Leone. It provided for: cessation of hostilities with immediate effect; disarmament, demobilization and reintegration of combatants; humanitarian assistance; return of refugees and displaced persons; restoration of the constitutional government and broadening of the power base; immunities and guarantees.

Agreement on a Ceasefire in Sierra Leone, 18 May 1999. Included a commitment to start negotiations in good faith, a decision to guarantee access for humanitarian aid, and a request to the UN to deploy military observers to the area. Also provided for the immediate release of all prisoners of war and non-combatants.

Statement by the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone on the Release of Prisoners of War and Non-Combatants, 2 June 1999. Provided for the implementation of the provision of the Ceasefire Agreement relating to the release of prisoners of war as soon as possible, and for the establishment of an appropriate committee by the UN to handle the release of all prisoners of war and non-combatants.

Statement by the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone on the Delivery of Humanitarian Assistance in Sierra (p.367) Leone, 3 June 1999. Outlined details for the safe and unhindered access of humanitarian agencies and provided for the establishment of an Implementation Committee with representatives from the government and the RUF to assess the security situation, to provide information on proposed routes, and to receive and review complaints.

June 1999 Peace Agreement between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone, Lome, 7 July 1999. Consisted of seven parts. Part I dealt with cessation of hostilities, and provided for a ceasefire and for the establishment of a Ceasefire Monitoring Committee at provincial and district levels, as well as a Joint Monitoring Commission at national level to be chaired by the UN Observer Mission in Sierra Leone (UNOMSIL) together with representatives of the government of Sierra Leone and RUF/SL. Part II dealt with governance and outlined formulas for the transformation of the RUF/SL into a political party enabling it to join a broad-based government of national unity through cabinet appointment. Provision was also made for the establishment of a Commission for the Consolidation of Peace to implement a post-conflict programme and to ensure that all structures for national reconciliation and peace were operational; and for a Commission for the Management of Strategic Resources, National Reconstruction, and Development to secure and monitor the legitimate exploitation of Sierra Leone’s gold and diamonds and other resources of strategic importance. Part III dealt with other political issues, and the government agreed to grant pardon and amnesty to all combatants. Also provided for a review of the present Constitution and the establishment of a National Electoral Commission by the government in consultation with all political parties. Part IV dealt with post-conflict military and security issues, including the new mandates of ECOMOG and UNOMSIL, and provided for disarmament, demobilization, and reintegration of RUF as well as for the restructuring and training of the Sierra Leone armed forces. Part V addressed humanitarian and human rights and socio-economic issues including the release of prisoners and abductees and the voluntary repatriation and reintegration of refugees and displaced persons, and guarantees of their security. Provision was also made for humanitarian relief; post-war rehabilitation and reconstruction; a special fund for war victims; child combatants; free compulsory schooling and affordable health care; and for the establishment of a Truth and Reconciliation Commission to address human rights violations. Part VI provided details concerning the implementation of the agreement, including the establishment of a Joint Implementation Committee, and included a request for international involvement. Part VII dealt with moral guarantors and international support. Annexes provided a definition of ceasefire violations and a schedule for the implementation of the peace agreement.

Solomon Islands

Conflict between indigenous groups on the main island of Guadalcanal. The pro-Guadalcanal Isiantabu Freedom Fighters (IFF) spearheaded a campaign to drive ethnic Malaitan settlers from other islands off Guadalcanal. A peace deal was signed between the IFF and the government in June 1999. However, the resulting (p.368) exodus of Malaitans from Guadalcanal caused tensions in the neighbouring island of Malaita, and tensions on that island flared between the Malaitan Eagles Force (MEF) and another ethnic group, the Isatabu Freedom Movement (IFM). In June 2000 the MEF seized the capital, Honiara, in a coup, demanding the resignation of the prime minister (whom they temporarily held hostage) for failing to deal with the ethnic conflict. The fighting continues, and connections with Bougainville and Fiji have been suggested.

Memorandum of Understanding between the Solomon Islands Government and the Guadalcanal Provincial Government, 13 June 1999. Made provision for payments into a reconciliation trust account to be held by the Guadalcanal province in recognition of the social costs being borne by the indigenous people of Guadalcanal as a result of the capital being located in Honiara.

Honiara Peace Accord, 28 June 1999. Resolved to eschew violence and to cooperate with the Commonwealth special envoy. Identified issues at the root of the crisis, including the demand for return of lands to the people of Guadalcanal; demand for compensation for the murders of the Guadalcanal people by individual Malaitans; and the demand that a state government be established in Guadalcanal and other provinces. Called on the government and provincial government to take action to honour commitments in the Memorandum of Understanding, and suggested further action that could be taken to alleviate the suffering by the Guadalcanal people as a result of the capital being located in the territory. For example, a review of the Lands and Titles Act was suggested so as to compensate original landowners adequately when central government or industrial projects are located in their territory. Also provided that the committee set up to review the provincial government system should endeavour to conclude its work within six months, and that all organizations formed to push for the demands of the people of Guadalcanal through force were to be dissolved, and for groups to surrender their weapons with no amnesty. The government agreed to assist victims forced to relocate, and to establish mechanisms to pay adequate compensation to those who had lost properties. Parties also agreed that there should be equal and fair representation of all provinces in the national civil service and the police force, to promote a sense of national unity.

Panatina Agreement between Solomon Islands National Government, the Guadalcanal Provincial Government, and the Police High Command, 12 August 1999. Reaffirmed commitment to implementation of Honiara Peace Accord and recognized that its successful implementation was the responsibility of all sections of the community. Agreed to discuss the security situation in Guadalcanal in view of the problems of implementation, and to note the concerns of the provincial government about the manner in which the police had been maintaining law and order in Guadalcanal. Also resolved that the police would promote a concept of community policing in all parts of the Solomon Islands; would continue to ensure the minimum use of force; and would mount a public relations campaign. The police undertook to scale down activities of the Field Force and the Rapid Response Unit, and the government agreed to lift the state of emergency in due course. Also provided that the IFF would return to their villages; refrain from activities likely to affect adversely the operations of major national economic infrastructures; begin a systematic laying down of arms under the terms agreed. (p.369) Agreed that all other illegal organizations formed with the aim of affording protection for and advancing the interest of other ethnic groups in and around Honiara and other parts of the country would be disbanded.

Somalia

Conflict between the government and four rebel groups (Somali National Movement, United Somali Congress, Somali Patriotic Movement, and a group of Marehan clansmen), each representing one of the Somali clans, began in 1988. The UN intervened in December 1992 but withdrew in March 1994 following attacks on its forces. Smaller-scale fighting continued, not by original parties, but by warlords, focused mostly around private gains rather than governmental power. Two different peace initiatives which emerged in 1997 negotiated with different clans; one resulted in the Sodere Declarations, backed by Ethiopia (as mandated by the Inter-Governmental Authority on Development, IADG), and the other resulted in the Cairo Accord, brokered by Egypt. To some extent these agreements worked against each other. However, an increased emphasis on civic society restored a measure of peace. A new peace deal was reached in 1998 between rival leaders, who agreed to set up joint administration in certain areas. However, the future of this deal seemed insecure.

Addis Ababa Agreement concluded at the first session of the Conference on National Reconciliation, Somalia, 27 March 1993. Framework agreement dealing with disarmament (to UN forces) and crime; rehabilitation and reconstruction; restoration of property and settlement of disputes; transitional arrangements, including a Transitional National Council with specified representation for certain groups and for women, central administrative departments, regional, and district councils. It also establishes a peace delegation to travel the country and advance the agreement.

Declaration de paix signée par les différentes parties 1994

Sodere Declarations, January 1997. Brokered by twenty-six Somali factions creating a climate of negotiation.

Cairo Declaration on Somalia signed by the political leaders of the Republic of Somalia, 22 December 1997. Provided for a ceasefire, cessation of hostilities, and disengagement of forces. Recognized need for a transitional mechanism of national authority and agreed to preserve Somalia as an independent and indivisible state. Reiterated belief in principles of democracy, equality, social justice, and constitutional guarantees of individual human rights. Also provided details of arrangements for a National Reconciliation Conference on 15 February 1998 to be held to elect a Presidential council and a prime minister, and to adopt a transitional charter. Agreed the agenda would include a Declaration of National Commitment to the formation of a constitutional transitional government guaranteeing individual freedoms and to the creation of the democratic national government; a Declaration of Peace and Cooperation for the people of Somalia to work with the transitional government towards the establishment of a constitutional federal government; and adoption of a transitional charter to serve as a framework for the national transitional government. Agreed that transitional (p.370) Presidential Council would consist of three members from each of the four major social groups in Somalia and one of the remaining Somali social group, and that forty-six seats in the Constituent Assembly would be allocated to each of four Somali social groups and three and two to the remaining social groups respectively. The existence of the transitional government was to be limited to a period of three years, with a possible extension of an additional two years. Also made provision for a national census from which an electoral system could be implemented, and for the approval of a permanent Constitution enshrining fundamental rights through a national referendum.

South Africa

See Chapter 3 for an account of the conflict and peace agreements.

South Africa/The =Khomani San

The indigenous =Khomani San, based in Mier, lodged a land claim in August 1995, claiming traditional ‘use’ (i.e. hunting and gathering) rights in and to a substantial area of the Kalahari Gemsbok National Park (KGNP) and the northern Mier, and claiming ownership rights of 25,000 hectares. This claim was negotiated by the San, the South African National Parks (SANP), the Mier Transitional Local Council, and the state represented by the Department of Land Affairs. In December 1998 the Mier community lodged a separate land claim to land lost within Mier and in the KGNP due to apartheid. Negotiations began in May 1999 on symbolic rights (e.g. right to a park name change and to an access gate for the San) and commercial rights (e.g. right to establish a San cultural village and a permanent rest camp for tourists and the right to receive a community gate levy).

Final Agreement, 20 March 1999. The SANP accepted terms of the San land claim and agreed to release 50,000 hectares to the San and the Mier, who were to reach an informal agreement that the land would be shared equally. Parties undertook to negotiate a further agreement on the commercial and symbolic rights of both parties.

Sri Lanka

See Chapter 2 for description of conflict and agreements.

Sudan

Long-standing conflict between Muslim Arabs in the north and Christian and non-Christian in the south. In May 1988 the Islamic Front became a part of the government and began to adhere more strictly to the Koran and shariah law. In November 1988 a ceasefire was agreed, along with agreement that any imposition of Islamic shariah would be postponed. This condition was ignored by the gov (p.371) ernment, which developed into a military regime in the early 1990s. In 1994 many of the different groups accepted the role of the Inter-Governmental Authority on Development (IGAD) as mediator. The government signed a peace agreement with a dissident faction of the southern Sudan People’s Liberation Army/Movement (SPLA/M) in April 1997. In 1998 peace talks resumed, and agreement was reached on an internationally supervised referendum on self-determination for the south of the country at an unspecified date. However, the SPLA/M found the proposal of a concurrent referendum on a nationwide constitution to be an unacceptable affirmation of a federated country based on Islamic shariah law. Fighting continued, with agreements for truces and humanitarian relief. Again the conflict has a regional dimension, leading to agreements with Somalia and Uganda.

Political Charter between Sudan Government and the SPLA (United) 1995

Political Charter of 10 April 1996 between the Sudan Government, the South Sudan Independence Movement (SSIM), and the Sudan People’s Liberation Movement (SPLM). Agreed that the unity of Sudan would be preserved and that a referendum would be held by the people of the southern Sudan to determine their political aspirations after the full establishment of peace and stability. Also provided that the Sudanese people should be encouraged to express freely their different values; that freedom of religion and belief should be observed; and that power and national wealth should be shared equitably for the benefit of the citizens. Agreed that citizenship would further the values of justice, equity, freedom, and human rights, and that the shariah and custom would be the sources of legislation. A coordination council was to be formed between southern states to implement the agreement, and the parties agreed to work together for stability and improvement of living conditions in war-affected areas.

Sudan Peace Agreement, 21 April 1997. Between the government of Sudan and the South Sudan United Democratic Front (UDSF) comprising the SSIM, the Union of Sudan African Parties, SPLM, the Equatorial Defence Force, and the South Sudan Independents Group. Provided for the exercise of the right of self-determination through a referendum by the people of south Sudan. Dealt with constitutional and legal matters, including constitutional guarantees and fundamental rights and freedoms; powers to be exercised by the federal institutions and by the state and economic matters, including the establishment of a Revenue Allocation Commission. Included provisions on the balanced participation of southern citizens in federal institutions. Also outlined the activities, functions, and powers of the Coordinating Council of the Southern States, and outlined security arrangements for the four-year interim period.

Communiqué final sur la poursuite des initiatives de paix de l’IGAD du Soudan et en Somalie 1997

Déclaration solennelle d’engagement national 1997

Sudan–Uganda

Agreement between the Governments of Sudan and Uganda, 8 December 1999.

An agreement to ‘enhance relations’ between the two countries and ‘to promote peace in the regions’. Each commits to respecting the sovereignty and territorial integrity of each other. They renounce use of force and commit to taking steps (p.372) to prevent hostile acts, to disband and disarm terrorist groups, to promote regional peace on own initiative, and not to prejudice or interfere with the role of the Inter-Governmental Authority on Development in bringing an end to the civil war in Sudan. Prisoners of war will be returned. Steps are to be taken to prevent attacks on civilians and to facilitate return or resettlement of refugees. Amnesty and reintegration is offered to all former combatants who renounce use of force. Parties commit to re-establishing normal relations if commitments are honoured.

Tajikistan

A five-year civil war between the Tajik government and the United Tajik Opposition (UTO) based on inter-ethnic rivalry, rivalry between the clans and regions of Tajikistan, and ideological differences. A peace process was mediated by Iran, Russia, and UN, and resulted in a series of agreements in 1997, culminating in a general framework agreement. While it did not bring fighting to a complete end (not least because the peace agreement had alienated other groups), it did provide a framework for ongoing negotiations.

Agreement on a Temporary Ceasefire and the Cessation of Other Hostile Acts on the Tajik–Afghan Border and within the Country for the Duration of the Talks 1994

Protocol on the Fundamental Principles for Establishing Peace and National Accord in Tajikistan, 23 August 1995. Government commits to refrain from acting counter to agreement. Tajik opposition undertakes exclusively peaceful means. Both agree to future negotiations to aim at a series of protocols on political problems, military problems, repatriation and reintegration, verification, guarantees for implementation, donors’ conference.

Agreement between the President of the Republic of Tajikistan, E. S. Rakhmonov, and the leader of the UTO, S. A. Huri, on the results of the meeting held in Moscow on 23 December 1996 (Annex I), 27 December 1996. Sets a timetable of twelve to eighteen months for completion of inter-Tajik talks, and notes establishment of Commission on National Reconciliation (see protocol below), and also the ‘need to implement a universal amnesty and reciprocal pardoning of persons who took part in the military and political confrontation.’

Protocol on the Main Functions and Powers of the Commission on National Reconciliation Moscow, December 1996 (Annex II), 23 December 1996. Establishes a Commission on National Reconciliation to implement the agreements, to create an atmosphere of trust and mutual forgiveness, and to institute broad dialogue among the various political forces in the country. Specific tasks are assigned the Commission, such as implementing measures for ‘safe and appropriate’ return of refugees, and designing proposals for amending legislation on political parties, movements, and the mass media. The Commission is given the power to submit to referendum proposals for amendments and additions to the existing Constitution; to prepare a new law on elections; and to establish a transitional Central Commission on Elections and the Conduct of the Referendum.

Protocol on Refugees, Tehran, January 1997. Commits to mutual efforts to ensure ‘the voluntary return, in safety and dignity, of all refugees and displaced (p.373) persons to their homes’. Calls on the Organization for Security and Cooperation in Europe and United Nations High Commissioner for Refugees (UNHCR) to become involved. Government commits to reintegration. Reinvigorates a joint commission on refugees.

Joint Statement by the Delegation of the Government of Tajikistan and the Delegation of the United Tajik Opposition, 5–19 January 1997. Agreed on structure, composition, and specific functions and powers of Commission on National Reconciliation and on the procedure for the adoption of the Reciprocal Pardon Act and Amnesty Act. Agreement was also reached concerning the Central Election Commission the conduct of a referendum for the transition period, and mechanism for including UTO representatives in the government power structures. Agreement on continuing discussions on the question of the renewal of activity of the political parties and movements forming part of the UTO.

Protocol on Military Issues, Moscow, March 1997. Commitments to ‘reintegration, disarmament and disbandment of armed units of United Tajik Opposition, as well as reform of governmental power structures.’ to be carried out by the president, the commission on National Reconciliation, and with cooperation of UN observers. The detail of four stages is provided, leading from a UTO inventory to UTO reintegration into governmental power structures. Joint crime measures are to be taken as ‘confidence-building’ measures.

Joint Statement by the delegation of the Government of the Republic of Tajikistan and the delegation of the United Tajik Opposition on the outcome of the Inter-Tajik talks held in Moscow from 26 February to 8 March 1997

The Bishkek Memorandum, 18 May 1997. Affirmed previous peace agreements, and noted progress of agreements below.

Protocol on Political Issues, 18 May 1997. Provided for concrete agreement on political issues addressed earlier, namely that the president and the Commission on National Reconciliation should adopt a ‘reciprocal forgiveness and amnesty law’; that 25 per cent of the members of the Central Election Commission should be UTO members during the transition period; for reform of government in accordance with a UTO quota; and that all prohibitions and restrictions on the activity of political parties and movements of the UTO be lifted after the completion of phase two of the implementation of the protocol on military issues.

United Kingdom–Northern Ireland–Republic of Ireland

See Chapter 3 for description of conflict and peace agreements.

Western Sahara–Morocco

Conflict over Western Sahara between Morocco and a group of Saharawis forming the Polisaro Front. A large amount of the territory had been given to Morocco and a small amount to Mauritania following an agreement with Spain in November 1975. The Polisaro Front and its military wing, the Saharawi People’s Liberation Army (SPLA), initially launched guerrilla attacks against Mauritania, forcing (p.374) Mauritania to abandon the desert area of Tiris al-Gharbia in July 1979. Morocco annexed the area on 14 August 1979, and the SPLA continued its campaign against Morocco. In August 1988 the UN proposed a truce, followed by a referendum, and a plan was approved by the UN Security Council on 29 April 1991. The referendum was originally scheduled for early 1992, but there was disagreement over whether Moroccan settlers were entitled to vote. The referendum was rescheduled for late 1998 after an agreement was brokered by UN Special Envoy James Baker.

Compromise Agreement on Outstanding Identification Issues, 19 and 20 July 1997. Parties agreed not to sponsor or present for identification anyone from certain tribal groupings other than persons included in the 1974 Spanish census and immediate family members. Also agreed that persons from all other tribal groups could come forward to be identified, and that the special representative of the secretary-general would notify the parties of the results of the identification process to date. Oral testimony to be received and considered by the Identification Commission as provided for in the settlement plan.

Compromise on Outstanding Refugee Issues, 19 and 20 July 1997. Office of the UNHCR to begin steps towards process of repatriation of refugees in accordance with the settlement plan, and parties agreed to cooperate in implementation of the repatriation programme.

Compromise Agreement on Troop Confinement, 29 August 1997. Provided for reduction and confinement of Moroccan armed forces in accordance with the settlement plan, and the confinement and containment of Frente Polisario armed forces 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 recognized 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 International Committee of the Red Cross until completion of the repatriation process, and for release of all Saharan political prisoners or detainees before the referendum campaign.

1997 Houston Declaration, 14–16 September 1997. Parties agreed to comply with earlier commitments. Recognized role of UN in organizing and conducting referendum and powers and authorities of the UN during the transitional period. Agreed that the special representative of the secretary-general would be authorized to issue regulations prohibiting behaviour that could interfere with the organization and conduct of the referendum. Included a Code of Conduct for the Referendum Campaign in Western Sahara and a list of Practical Measures to be Taken for the Resumption of Identification.

Yemen

In 1990 North and South Yemen agreed to form a unified Republic of Yemen, thereby ending twenty years of tension, border disputes, civil wars, tribal conflicts, and ideological differences.

Yemen Arab Republic (North Yemen) and People’s Democratic Republic of Yemen (South Yemen): Agreement on the Establishment of the Republic of Yemen, 21 May 1990