Modalities for the Implementation of the OAU Framework Agreement on the Settlement of the Dispute between Ethiopia and Eritrea

Country/entity
Eritrea
Ethiopia
Region
Africa (excl MENA)
Agreement name
Modalities for the Implementation of the OAU Framework Agreement on the Settlement of the Dispute between Ethiopia and Eritrea
Date
12/07/1999
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/interstate conflict (Eritrean Border Conflicts (1998 - 2018)
Eritrean Border Conflicts (1998 - 2019)

Eritrea - Ethiopia (1998 - 2018)

In 1991, the Eritrean People’s Liberation Front (EPLF) defeated the communist military junta (‘Derg’) in Ethiopia and proclaimed independence for Eritrea. At the same time, Derg itself was overthrown by the Ethiopian Peoples’ Revolutionary Democratic Forces (EPRDF), which established a transitional government in Ethiopia. Eritrea was granted an independence referendum, which resulted in a 99.8 per cent pro-independence vote. However, border tensions and heavy disputes, in particular on minority rights and economic issues, between EPLF and EPRDF led to new fighting between the two countries in 1998. A mediation by the US administration led to a difficult truce and in 2000 a peace agreement was signed. The agreement established two commission, Border Commission and the Claims Commission. The delimitation ruling of the Border Commission was rejected by Ethiopia. The border continued to be heavily occupied by troops on both sides and border skirmishes continue into 2016. In June 2018, after a series of summits, the state of war was declared over in a Joint Declaration of Peace and Friendship, as Ethiopia finally agreed to honour the ruling of the Border Commission. This followed by a series of steps to improve political, economic and diplomatic ties. Transport and telephone links have been re-established, and borders reopened. In July 2018, the countries have signed the ‘Agreement on Peace, Friendship and Comprehensive Cooperation’ reiterating their commitment to achieving long-lasting peace in the region.



Sudanese-Eritrean Relations (1994 - 1999)

Eritrea broke diplomatic contact with neighbouring Sudan after accusing the country of attempting to destabilize the Eritrean regime. At the time it was believed that Sudan trained and armed the Eritrean Islamic Jihad Group, which aimed to establish a caliphate in the Horn of Africa. After breaking diplomatic relations, Khartoum accused Eritrea of providing support for armed Sudanese opposition groups. Indeed, Eritrea help a conference for the Sudanese opposition in 1995 in an attempt to unite them. Relations were normalized in 1999. Sudan sent troops to its eastern border (region of Kassala) with Eritrea amid security concerns involving Egyptian troops deployed in Eritrea.
Eritrean Border Conflicts (1998 - 2018) )
Stage
Implementation/renegotiation (Implementation modalities)
Conflict nature
Territory
Peace process
37: Eritrea-Ethiopia border dispute peace process
Parties
The Eritrean Government and the Ethiopian Government
Third parties
Description
The agreements defines the modalities for the implementation of the OAU framework, mainly related to ceasefire modalities.

Agreement document
EH_ER_990712_Modalities for the Implementation of the OAU Framework 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
No specific mention.

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
Page 1, Article 5:
5. The modalities for the re-establishment of the civilian Administration and population in the concerned territories shall be worked out after the cessation of hostilities.


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
No specific mention.
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
No specific mention.
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
No specific mention.
Ceasefire
Ceasefire provision
Page 1, Untitled Preamble:
The two Parties reaffirm their commitment to the principle of the non-use of force to settle disputes.
...
There shall be a return to positions held prior to 6 May 1998.

Page 1, Article 1:
The Eritrean Government commits itself to redeploy its forces outside the territories they occupied after 6 May 1998.

Page 1, Article 2:
The Ethiopian Government commits itself to redeploy, thereafter, its forces from positions take after 6 February 1999 and which were not under Ethiopian administration before May 6, 1998.

Page 1, Article 3:
The two Parties agree to put an end to all military activities and all forms of expression likely to sustain and exacerbate the climate of hostility and thus compromise the implementation of the Framework Agreement.

Page 1, Article 4:
The redeployment of troops shall commence immediately after the cessation of hostilities. This redeployment shall not, in any way, prejudice the final status of the territories concerned, it being understood that this status will be determined at the end of the border delimitation and demarcation.

Page 1, Article 5:
5. The modalities for the re-establishment of the civilian Administration and population in the concerned territories shall be worked out after the cessation of hostilities.

Page 1, Article 7:
...
7. The two Parties commit themselves to sign a formal Ceasefire Agreement which provides for the detailed modalities for the implementation of the Framework Agreement.


Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
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
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, Article 6:
6. The two Parties accept the deployment of Military Observers by the OAU in cooperation with the United Nations. The Group of Military Observers will supervise the redeployment of troops as stipulated in the present modalities and carry out all other duties that are entrusted to it, in conformity with the relevant provisions of the Framework Agreement.

Enforcement mechanism
No specific mention.

The University of Edinburgh