Agreement between the State of Eritrea and the Republic of Djibouti (concerning peaceful settlement of the border dispute)

Country/entity
Djibouti
Eritrea
Region
Africa (excl MENA)
Agreement name
Agreement between the State of Eritrea and the Republic of Djibouti (concerning peaceful settlement of the border dispute)
Date
06/06/2010
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/interstate conflict (Ethiopia's Territorial Conflicts (1990 - )
Agreements relate to three distinct (but related) conflict contexts:

Ethiopia-Eritrea. The first relates to the relationship between Ethiopia and Eritrea in the post-1990 period. 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 ruling of the Border Commission established by the agreement was rejected by Ethiopia. The border continued to be heavily occupied by troops on both sides and border skirmishes continued 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.

Ethiopia-Ogaden. The third relates to the remaining conflict in the Ogaden region. Here the Ogaden National Liberation Front (ONLF) in 1994 waged war against the Ethiopian government, demanding secession from the Ethiopian state and integration into Greater Somalia. Despite signing several agreements, low-intensity guerrilla warfare is still ongoing, although ONLF’s strength significantly declined after 2009. Pursuant to an agreement with the federal government, they have returned from Eritrea to pursue peaceful political struggle and planning to register as a party and participate in 2020 elections.

Ethiopia-internal. The second relates to the attempts to reach settlement between contending groups post the Derg’s overthrow with a negotiated political charter and ‘peace agreement’ constitution.



Ethiopia's Territorial Conflicts (1990 - ) )
Stage
Pre-negotiation/process (Process)
Conflict nature
Territory
Peace process
34: Djibouti-Eritrea border dispute peace process
Parties
Republic of Djibouti, (Signed) Ismail Omar Guelleh, President of the Republic of Djibouti; State of Eritrea, (Signed) Isaias Afwerki, President of the State of Eritrea
Third parties
Mediator and witness, State of Qatar, (Signed) Hamad bin Khalifa Al-Thani, Emir of the State of Qatar
Description
This agreement empowers the State of Qatar to act as a mediator to help the parties reach a binding resolution of the border dispute.

Agreement document
DJ ER_100607_AgreementEritreaDjibouti.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
Border delimitation
Page 1,
Both parties wishing to charge the State of Qatar to exert efforts as a mediator, with a view to finding a peaceful solution to the border dispute between them,...Have agreed to delegate to the mediator, His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar, full powers to issue a document that includes the legal and technical measures and mechanisms that he considers appropriate for a final and mutually binding resolution of that border dispute. The parties have also agreed to accept the working document that will be announced by the State of Qatar and the subsequent resolution.

Page 5, Executive Document of the Agreement,
Untitled Preamble
Sheikh Hamad bin Jassim fin Jabor AI-Than the Prime Minister and Minister of Foreign Affairs of the State of Qatar announced that based on the authorization of H.E. President Isaias Afewerqi, President of the State of Eritrea, and H. E. President Ismael Omar Guelleh, President of the Republic of Djibouti to His Highness Sheikh bin Khalifa AI-Thani to resolve the boundary difference between them,
Noting by the State of Qatar the withdrawal of the State of Eritrea from the boundary areas subject of the difference, provided that will not constitute recognition of any rights until the final settlement of the difference in accordance with the Agreement, and the verification it carried out, Implementing the instructions of His Highness the Emir,
The following Executive Document of the Agreement has been issued:

Page 5, Executive Document of the Agreement,
Article (l ).
A Committee shall be established under the Chairmanship of Sheikh Hamad bin Jassim bin Jabor AlThani, with one representative from each of the Parties to resolve the boundary difference in accordance with the authorization given by the Two Parties to the State of Mediation.

The Committee shall nominate and appoint with the agreement of the Parties one of the world companies to carry out the demarcation of the frontiers between the two countries, in accordance with the principles and rules known internationally on frontiers demarcation and in a manner conforming to the agreements and the international rules on delimitation of borders binding upon their respective countries.
The Chairman of the Committee may establish committees and have resort to any person he deems appropriate, whether from politicians, technicians, professionals or lawyers, to complete the tasks of the Committee.

Page 5, Executive Document of the Agreement,
Article (2).
The Committee shall aim at putting to an end the frontiers difference between the Parties and the demarcation of the frontiers between their respective countries in a manner which would serve the relations of good neighbourliness.

Page 5, Executive Document of the Agreement,
Article (4).
Each Party shall provide the State of Qatar with all the information, documents, and instruments which would facilitate the work in order to present them to the world company entrusted with the demarcation of the fronries.

Page 6, Executive Document of the Agreement,
Article (5).
The world company agreed upon to demarcate the frontiers shall present the outcome of its work to the Committee referred to in Article (1) of this Document and the decision of the Committee shall be final and I binding upon the Parties.

Page 6, Executive Document of the Agreement,
Article, (6).
The State of Qatar, in its capacity as Mediator in resolving the dispute between the two Parties, shall supervise the monitoring of the borders until such time as the final decision of the Committee referred to in Article (1) of this Document on the settlement of the dispute is announced.

Page 6, Executive Document of the Agreement,
Article (7).
The State of Qatar shall deposit this Agreement and the Executive Document of the. Agreement on the settlement of the boundary difference with the United Nations, the League of Arab States and the African Union.
Cross-border provision
Page 5, Executive Document of the Agreement,
Article (2).
The Committee shall aim at putting to an end the frontiers difference between the Parties and the demarcation of the frontiers between their respective countries in a manner which would serve the relations of good neighbourliness.

Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

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
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
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
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
Page 5, Executive Document of the Agreement, Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
Mediator and witness, State of Qatar (Signed) Hamad bin Khalifa Al-Thani, Emir of the State of Qatar
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

Page 5, Executive Document of the Agreement,
Article (3).
Each Party shall provide the State of Qatar with a list containing the number and names of POW’s detained by it, if any, and also a list containing the number and names of missing persons. The exchange of POW’s between the two countries shall be made, and each Party shall investigate the fate of missing persons. All this shall be done under the supervision of the State of Qatar.

Page 6, Executive Document of the Agreement,
Article, (6).
The State of Qatar, in its capacity as Mediator in resolving the dispute between the two Parties, shall supervise the monitoring of the borders until such time as the final decision of the Committee referred to in Article (1) of this Document on the settlement of the dispute is announced.

Page 6, Executive Document of the Agreement,
Article (7).
The State of Qatar shall deposit this Agreement and the Executive Document of the. Agreement on the settlement of the boundary difference with the United Nations, the League of Arab States and the African Union.

The University of Edinburgh