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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Technical Arrangements for the Implementation of the OAU Framework Agreement
Record 560

Country :

Ethiopia/Eritrea

Agreement Title/Name:
Technical Arrangements for the Implementation of the OAU Framework Agreement
Year :
1999
Date Signed :

31 August 1999

Summary :

This agreement provides the implementation arrangements for the OAU?s Framework Agreements of November 1998 and July 1999. Parties agree to complete cessation of hostilities. The Agreement mandates a peacekeeping mission, established under the authority of the UN Security Council to monitor and assist with the implementation. It also establishes a Neutral Commission to determine the exact areas from which the two sides are to redeploy. 4 Annexes: * Annex I to the Technical Arrangements for the Implementation
of the OAU Framework Agreement and its Modalities (Demining
activities).
- Annex II to the Technical Arrangements for the Implementation
of the OAU Framework Agreement and its Modalities
(Redeployment plans).
- Annex III to the Technical Arrangements for the Implementation
of the OAU Framework Agreement and its Modalities (Local
demilitarization plans).
- Annex IV to the Technical Arrangements for the Implementation
of the OAU Framework Agreement and its Modalities
(Implementation planning timeline).


Parties :
Ethiopia, Eritrea
Third Parties :
Statehood/Identity :
4. & 8. processes and commissions established by this agreement not to prejudice final status of territories concerned, except specifically: 11. The Parties agree that the delimitation work on the ground will commence segment by segment, beginning with areas of redeployment, moving to other contested areas and, finally, to the remaining common border. Upon the acceptance by the Parties of the delimitation of each segment, the binding demarcation of that segment will be carried out. Such signed acceptance shall be given to the UN Cartographic Unit within one week, unless arbitration is requested by either Party. The delimitation and demarcation process will be done on the basis of pertinent colonial treaties and applicable international law. 15. As the demarcation process is completed in each segment, the legitimate authority will assume full and sovereign jurisdiction over that part of territory which will have been recognized as being within its boundary.
Governance/Democratic Inst :
Not Applicable
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
10. In order to determine the origins of the conflict, an investigation will be carried out of the incidents of May 6, 1998 and of any other incident prior to that date which could have contributed to a misunderstanding between the Parties regarding their common border, including the incidents of July/August 1997. The investigation will be carried out by an independent, impartial body appointed in accordance with the appended (Annex IV) timeline by the Current Chairman of the OAU, in consultation with the Secretaries General of the United Nations and the OAU.
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
9.a.2.2. parties commit to facilitate HR monitoring in areas where civil administration is restored for returning populations
Judicial Reform :
Not Applicable
Policing :
9.b.1- the peacekeeping mission will observe and assist if requested and as appropriate, police in areas where civilian administration is restored;
Refugees/Land :
8. provides to process of restoration of civil administration in areas affected in order to allow return of displaced populations; 14. the Parties commit themselves to addressing all humanitarian concerns resulting from the conflict, particularly the issues of those persons who have been deported or displaced, as well as the socio-economic consequences of the dispute.
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
14. the Parties commit themselves to addressing all humanitarian concerns resulting from the conflict, particularly the issues of socio-economic consequences of the dispute.
Enforcement Mechanism :
1. The Parties will initiate separate requests to the Secretaries General of the United Nations and the OAU as necessary for assistance to implement the Framework for Agreement, the Modalities and the Technical Arrangements; 3. with a view to returning to positions held prior to 6 May 1998, a Neutral Commission shall be established by the Current Chairman of the OAU, in consultation with the Secretaries General of the United Nations and the OAU. Utilizing whatever information it deems relevant and in consultation with the Parties, the Neutral Commission will determine what those positions were. His determination is binding but shall not prejudice the final status of the territories concerned. 4. 4. In order to monitor and assist with the implementation of the Framework Agreement, the Modalities and the Technical Arrangements, and verify compliance with the implementation of the Technical Arrangements, it is understood that a peacekeeping mission will be established under the authority of the United Nations Security Council and led by a Special Representative of the UN Secretary-General. 5. a follow-up Commission (for political aspects) and a Military Coordination Commission (for military aspects) will be established by and under the authority of the Special Representative of the UN Secretary General. The parties will each appoint a member to the Military Commission. 9.b.2- peacekeeping mission will establish, as necessary, local liaison and grievance resolution mechanisms, ensuring access by the local population to those mechanisms. The Parties agree to refer any specific claim on such issues to an appropriate mechanism of arbitration for binding resolution, should efforts to negotiated settlement or mediation not succeed. If the Parties are unable to agree on the appropriate mechanism of arbitration within a period of three months starting from the signing, the UN Secretary General, in consultation with the OAU Secretary General, will determine the appropriate mechanism of arbitration. 17. The OAU and the United Nations will be the guarantors for the scrupulous implementation of all the provisions of the OAU Framework Agreement, the Modalities for the Implementation of the Framework Agreement and the Technical Arrangements for the Implementation of the Framework Agreement and its Modalities.
International Community :
agmt marks acceptance of OAU framework for resolving the dispute; preamble recalls that the present Technical Arrangements are the result of the collective work of the OAU, the United Nations, the United States and other interested partners; 1. parties to request OAU for assistance in implementation; 4. UN Mission to work in liaison with OAU SRSG; 10. OAU and UN to investigate origins of the conflict in May 1998. 13. Should the need for arbitration arise, the UN will establish Boundary Commission in consultation with OAU. 17. The OAU and the United Nations will be the guarantors for the scrupulous implementation of all the provisions of the OAU Framework Agreement, the Modalities for the Implementation of the Framework Agreement and the Technical Arrangements for the Implementation of the Framework Agreement and its Modalities.
UN Involvement :
notes strong endorsement of the framework by the UNSC; 1. parties to request UN for assistance in implementation; 4. 4. In order to monitor and assist with the implementation of the Framework Agreement, the Modalities and the Technical Arrangements, and verify compliance with the implementation of the Technical Arrangements, it is understood that a peacekeeping mission will be established under the authority of the United Nations Security Council and led by a Special Representative of the UN Secretary-General. 5.a follow-up Commission (for political aspects) and a Military Coordination Commission (for military aspects) will be established by and under the authority of the Special Representative of the UN Secretary General. 10. OAU and UN to investigate origins of the conflict in May 1998. 13. UN Cartographic Unit to perform delimitation of the border. Should the need for arbitration arise, the UN will establish Boundary Commission in consultation with OAU. Parties to agree general arbitration mechanism. If they can't agree, UN will design. 17. The OAU and the United Nations will be the guarantors for the scrupulous implementation of all the provisions of the OAU Framework Agreement, the Modalities for the Implementation of the Framework Agreement and the Technical Arrangements for the Implementation of the Framework Agreement and its Modalities.
Source :
UN Peacemaker


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