Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of Sudan

Country/entity
Chad
Sudan
Region
Africa (excl MENA)
Agreement name
Tripoli Agreement to Settle the Dispute between the Republic of Chad and the Republic of Sudan
Date
08/02/2006
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (Chadian Conflicts (1966 - )
The political history of Chad has been defined by ethno-religious conflict following independence from France in 1960, particularly between the Islamic north and the Christian and animist south. Although prevalent during the colonial era, this became particularly apparent under Tombalbaye during his 15-year rule (1960-1975), which saw mass discrimination against the Muslim northern and central regions. In 1966, the Islamist National Liberation Front on Chad (FROLINAT) was formed, but the movement was defined by factionalism and in-fighting, often encouraged by Libyan government policies, until the civil war ended in 1993. In 1975 Tombalbaye was killed during a coup, and the country reverted to military rule. Constant pressure from the various FROLINAT factions, however, caused then-ruler General Felix Malloum to align himself with Hissene Habre, a rebel leader formerly-aligned with FROLINAT, but then-commander of the Forces Armées du Nord (FAN). In 1978, Libyan troops also occupied the Aouzou Strip (See Libyan-Chadian Conflict). Meanwhile, Habre’s FROLINAT competitor, Goukouni Oueddei, gathered the majority of the northern insurgent factions, and the ensuing civil war between 11 factions eroded the capabilities of the state. In 1979, the Lagos Accords created a unity government (GUNT) that briefly convened the factions, but infighting between Habre and Goukouni’s forces broke out soon after.

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

In 2021, the FACT (Front pour l’Alternance et la Concorde au Tchad: Front for Change and Concord in Chad) attacked the Chadian military on the eve of presidential elections. President Idriss Déby was killed in the attack, and the army formed a Transitional Military Council (TMC).
Chadian Conflicts (1966 - ) and Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Sudan Conflicts (1955 - ) )
Stage
Framework/substantive - comprehensive (Agreement)
Conflict nature
Territory
Peace process
134: Chad-Sudan Agreements
Parties
For the Republic of the Sudan: (Signed) His Excellency Mr. Omer Hassan A. Al-Bashir; For the Republic of Chad: (Signed) His Excellency Mr. Idriss Deby Itno
Third parties
Facilitators: (Signed) His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo, Current President of the African Union; (Signed) Brother Muammar Al-Qadhafi
Leader of the Revolution High Peace Mediator within CEN-SAD and beyond; For the Central African Republic: (Signed) His Excellency Mr. François Bozizé Yangouvonda, President of the Republic; For Burkina Faso: (Signed) His Excellency Mr. Blaise Compaoré, President of Burkina Faso, Current President of CEN-SAD
Description
An agreement between the Republic of Chad and the Republic of the Sudan in which both pledge to work towards the restoration of good-neighborliness and cooperation, specifically recalling the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD regarding non-interference and peaceful resolution. Furthermore, both parties pledge to prohibit the presence of opposition elements from crossing the border, to end hostile media campaigns, to normalize their diplomatic and consular relations, and to establish a mechanism to review the implementation of this agreement.

Agreement document
SD_TD_060208_Tripoli Agreement.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Cross-border provision
[Agreement in its entirety is cross-border in nature, providing for cooperation and good-neighborliness between Chad and the Republic of Sudan]

Page 5, Article 1
The two Parties pledge to work towards the restoration of the climate of trust, good-neighbourliness and cooperation that has long existed between them.


Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Page 5, Article 3
The two Parties pledge to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other Party.

Page 6, Article 4
The two Parties pledge to prohibit forthwith the presence of rebel elements from either country in their respective territories.

Page 6, Article 5
In the context of the restoration of trust and good-neighbourly relations, the two Parties will endeavour to normalize their diplomatic and consular relations.

Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement;
– A mission to gather information on the ground;
– A peace and security force to secure the common border.

Page 6, Article 8
The two Parties pledge to cooperate and to facilitate the operation of the peace mechanisms referred to in article 7.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
Other
Page 5, Untitled Preamble
[...] Bearing in mind the provisions of the Charter of the United Nations,
Recalling the relevant provisions of the Constitutive Act of the African Union
and of the Treaty establishing CEN-SAD, [...]

Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
Media roles
Page 6, Article 6
The two Parties pledge to put an end to hostile media campaigns and to work to establish a spirit of fraternity and harmony.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 5, Article 2
The two Parties pledge to respect scrupulously the provisions of the Constitutive Act of the African Union and the Charter on Security of CEN-SAD, both of which stipulate non-interference in internal affairs and the non-use of force for the resolution of disputes.

Page 5, Article 3
The two Parties pledge to prevent the use of their territories for subversive activities directed against the sovereignty and territorial integrity of the other Party.

Page 6, Article 5
In the context of the restoration of trust and good-neighbourly relations, the two Parties will endeavour to normalize their diplomatic and consular relations.

Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement;
– A mission to gather information on the ground;
– A peace and security force to secure the common border.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 6, Article 4
The two Parties pledge to prohibit forthwith the presence of rebel elements from either country in their respective territories.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 5, Untitled Preamble
Responding to the appeals and mediation efforts made by the leaders and Heads of State at the Tripoli Summit with a view to achieving reconciliation and lasting peace between Chad and the Sudan,

Implementation

UN signatory
No specific mention.
Other international signatory
Facilitators: (Signed) His Excellency Mr. Denis Sassou Nguesso, President of the Republic of the Congo, Current President of the African Union; (Signed) Brother Muammar Al-Qadhafi
Leader of the Revolution High Peace Mediator within CEN-SAD and beyond; For the Central African Republic: (Signed) His Excellency Mr. François Bozizé Yangouvonda, President of the Republic; For Burkina Faso: (Signed) His Excellency Mr. Blaise Compaoré, President of Burkina Faso, Current President of CEN-SAD
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 6, Article 7
The two Parties agree to the establishment by the Tripoli Summit of:
– A ministerial committee to follow up on the implementation of this Agreement; [...]

Page 6, Article 8
The two Parties pledge to cooperate and to facilitate the operation of the peace mechanisms referred to in article 7.

The University of Edinburgh