|
|
||
|
|
||
|
Text of Agreement Between Eritrea and
Ethiopia to be signed in Algiers, 12 December 2000 |
||
|
The Government of the State of Eritrea and the Government of the
Federal Democratic Republic of Ethiopia (the "parties"), |
||
|
1. The parties shall
permanently terminate hostilities between themselves. Each party shall
refrain from the threat or use of force against the other. |
||
|
2. The parties shall
respect and fully implement the provisions of the Agreement on Cessation of
Hostilities. |
||
|
Article 2 |
||
|
1. In fulfilling their
obligations under international humanitarian law, including the 1949 Geneva
Conventions relative to the protection of victims of armed conflict
("1949 Geneva Conventions"), and in cooperation with the
International Committee of the Red Cross, the parties shall without delay,
release and repatriate all prisoners of war. |
||
|
2. In fulfilling their
obligations under international humanitarian law, including the 1949 Geneva
Conventions, and in cooperation with the International Committee of the Red
Cross, the parties shall without delay, release and repatriate or return to
their last place of residence all other persons detained as a result of the
armed conflict. |
||
|
3. The parties shall
afford humane treatment to each other's nationals and persons of each other's
national origin within their respective territories. |
||
|
|
||
|
1. In order to determine
the origins of the conflict, an investigation will be carried out on the incidents
of 6 May 1998 and on 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 and August 1997. |
||
|
2. The investigation will
be carried out by an independent, impartial body appointed by the Secretary
General of the OAU, in consultation with the Secretary General of the United
Nations and the two parties. |
||
|
3. The independent body
will endeavor to submit its report to the Secretary General of the OAU in a
timely fashion. |
||
|
4. The parties shall
cooperate fully with the independent body. |
||
|
5. The Secretary General
of the OAU will communicate a copy of the report to each of the two parties,
which shall consider it in accordance with the letter and spirit of the
Framework Agreement and the Modalities. |
||
|
Article 4 |
||
|
1. Consistent with the
provisions of the Framework Agreement and the Agreement on Cessation of
Hostilities, the parties reaffirm the principle of respect for the borders existing
at independence as stated in resolution AHG/Res. 16(1) adopted by the OAU
Summit in Cairo in 1964, and, in this regard, that they shall be determined
on the basis of pertinent colonial treaties and applicable international law.
|
||
|
2. The parties agree that
a neutral Boundary Commission composed of five members shall be established
with a mandate to delimit and demarcate the border based on pertinent
colonial treaties (1900, 1902 and 1908) and applicable international law. The
Commission shall not have the power to make decisions ex aequo et bono.
|
||
|
3. The Commission shall
be located in the Hague. |
||
|
4. Each party shall, by
written notice to the United Nations Secretary General, appoint two commissioners
within 45 days from the effective date of this agreement, neither of whom
shall be nationals or permanent residents of the party making the
appointment. In the event that a party fails to name one or both of its
party-appointed commissioners within the specified time, the
Secretary-General of the United Nations shall make the appointment. |
||
|
5. The president of the
Commission shall be selected by the party-appointed commissioners or, failing
their agreement within 30 days of the date of appointment of the latest
party-appointed commissioner, by the Secretary-General of the United Nations
after consultation with the parties. The president shall be neither a
national nor permanent resident of either party. |
||
|
6. In the event of the death
or resignation of a commissioner in the course of the proceedings, a
substitute commissioner shall be appointed or chosen pursuant to the
procedure set forth in this paragraph that was applicable to the appointment
or choice of the commissioner being replaced. |
||
|
7. The UN Cartographer
shall serve as Secretary to the Commission and undertake such tasks as
assigned to him by the Commission, making use of the technical expertise of
the UN Cartographic Unit. The Commission may also engage the services of additional
experts as it deems necessary. |
||
|
8. Within 45 days after
the effective date of this Agreement, each party shall provide to the
Secretary its claims and evidence relevant to the mandate of the Commission.
These shall be provided to the other party by the Secretary. |
||
|
9. After reviewing such
evidence and within 45 days of its receipt, the Secretary shall subsequently
transmit to the Commission and the parties any materials relevant to the
mandate of the Commission as well as his findings identifying those portions
of the border as to which there appears to be no dispute between the parties.
The Secretary shall also transmit to the Commission all the evidence
presented by the parties. |
||
|
10. With regard to those
portions of the border about which there appears to be controversy, as well
as any portions of the border identified pursuant to paragraph 9 with respect
to which either party believes there to be controversy, the parties shall
present their written and oral submissions and any additional evidence directly
to the Commission, in accordance with its procedures. |
||
|
11. The Commission shall
adopt its own rules of procedure based upon the 1992 Permanent Court of
Arbitration Option Rules for Arbitrating Disputes Between Two States. Filing
deadlines for the parties' written submissions shall be simultaneous rather
than consecutive. All decisions of the Commission shall be made by a majority
of the commissioners. |
||
|
12. The Commission shall
commence its work not more than 15 days after it is constituted and shall endeavor
to make its decision concerning delimitation of the border within six months
of its first meeting. The Commission shall take this objective into
consideration when establishing its schedule. At its discretion, the
Commission may extend this deadline. |
||
|
13. Upon reaching a final
decision regarding delimitation of the borders, the Commission shall transmit
its decision to the parties and Secretaries General of the OAU and the United
Nations for publication, and the Commission shall arrange for expeditious
demarcation. |
||
|
14. The parties agree to
cooperate with the Commission, its experts and other staff in all respects
during the process of delimitation and demarcation, including the
facilitation of access to territory they control. Each party shall accord to
the Commission and its employees the same privileges and immunities as are
accorded to diplomatic agents under the Vienna Convention on Diplomatic
Relations. |
||
|
15. The parties agree that
the delimitation and demarcation determinations of the Commission shall be
final and binding. Each party shall respect the border so determined, as well
as the territorial integrity and sovereignty of the other party. |
||
|
16. Recognizing that the
results of the delimitation and demarcation process are not yet known, the
parties request the United Nations to facilitate resolution of problems which
may arise due to the transfer of territorial control, including the
consequences for individuals residing in previously disputed territory. |
||
|
17. The expenses of the
Commission shall be borne equally by the two parties. To defray its expenses,
the Commission may accept donations from the United Nations Trust Fund
established under paragraph 8 of Security Council Resolution 1177 of 26 June
1998. |
||
|
Article 5 |
||
|
1. Consistent with the Framework
Agreement, in which the parties commit themselves to addressing the negative
socio-economic impact of the crisis on the civilian population, including the
impact on those persons who have been deported, a neutral Claims Commission
shall be established. The mandate of the Commission is to decide through
binding arbitration all claims for loss, damage or injury by one Government
against the other, and by nationals (including both natural and juridical
persons) of one party against the Government of the other party or entities
owned or controlled by the other party that are (a) related to the conflict
that was the subject of the Framework Agreement, the Modalities for its
Implementation and the Cessation of Hostilities Agreement, and (b) result
from violations of international humanitarian law, including the 1949 Geneva
Conventions, or other violations of international law. The Commission shall
not hear claims arising from the cost of military operations, preparing for
military operations, or the use of force, except to the extent that such
claims involve violations of international humanitarian law. |
||
|
2. The Commission shall
consist of five arbitrators. Each party shall, by written notice to the
United Nations Secretary General, appoint two members within 45 days from the
effective date of this agreement, neither of whom shall be nationals or
permanent residents of the party making the appointment. In the event that a
party fails to name one or both of its party-appointed arbitrators within the
specified time, the Secretary-General of the United Nations shall make the
appointment. |
||
|
3. The president of the
Commission shall be selected by the party-appointed arbitrators or, failing
their agreement within 30 days of the date of appointment of the latest party-appointed
arbitrator, by the Secretary-General of the United Nations after consultation
with the parties. The president shall be neither a national nor permanent
resident of either party. |
||
|
4. In the event of the
death or resignation of a member of the Commission in the course of the
proceedings, a substitute member shall be appointed or chosen pursuant to the
procedure set forth in this paragraph that was applicable to the appointment
or choice of the arbitrator being replaced. |
||
|
5. The Commission shall
be located in The Hague. At its discretion it may hold hearings and conduct
investigations in the territory of either party, or at such other location as
it deems expedient. |
||
|
6. The Commission shall be
empowered to employ such professional, administrative and clerical staff as
it deems necessary to accomplish its work, including establishment of a
Registry. The Commission may also retain consultants and experts to
facilitate the expeditious completion of its work. |
||
|
7. The Commission shall
adopt its own rules of procedure based upon the 1992 Permanent Court of
Arbitration Option Rules for Arbitrating Disputes Between Two States. All
decisions of the Commission shall be made by a majority of the commissioners.
|
||
|
8. Claims shall be
submitted to the Commission by each of the parties on its own behalf and on
behalf of its nationals, including both natural and juridical persons. All
claims submitted to the Commission must be filed no later than one year from
the effective date of this agreement. Except for claims submitted to another
mutually agreed settlement mechanism in accordance with paragraph 17 or filed
in another forum prior to the effective date of this agreement, the
Commission shall be the sole forum for adjudicating claims described in
paragraph 1 or filed under paragraph 9 of this Article, and any such claims
which could have been and not submitted by that deadline shall be
extinguished, in accordance with international law. |
||
|
9. In appropriate cases,
each party may file claims on behalf of persons of Eritreans or Ethiopian
origin who may not be its nationals. Such claims shall be considered by the
Commission on the same basis as claims submitted on behalf of that party's
nationals. |
||
|
10. In order to facilitate
the expeditious resolution of these disputes, the Commission shall be
authorized to adopt such methods of efficient case management and mass claims
processing as it deems appropriate, such as expedited procedures for
processing claims and checking claims on a sample basis for further
verification only if circumstances warrant. |
||
|
11. Upon application of
either of the parties, the Commission may decide to consider specific claims,
or categories of claims, on a priority basis. |
||
|
12. The Commission shall commence
its work not more than 15 days after it is constituted and shall endeavor to
complete its work within three years of the date when the period for filing
claims closes pursuant to paragraph 8. |
||
|
13. In considering claims,
the Commission shall apply relevant rules of international law. The
Commission shall not have the power to make decisions ex aequo et bono.
|
||
|
14. Interest, costs and
fees may be awarded. |
||
|
15. The expenses of the
Commission shall be borne equally by the parties. Each party shall pay any invoice
from the Commission within 30 days of its receipt. |
||
|
16. The parties may agree
at any time to settle outstanding claims, individually or by categories,
through direct negotiation or by reference to another mutually agreed
settlement mechanism. |
||
|
17. Decisions and awards
of the Commission shall be final and binding. The parties agree to honor all
decisions and to pay any monetary awards rendered against them promptly. |
||
|
18. Each party shall accord
to members of the Commission and its employees the privileges and immunities
that are accorded to diplomatic agents under the Vienna Convention on
Diplomatic Relations. |
||
|
Article 6 |
||
|
1. This agreement shall
enter into force on the date of signature. |
||
|
2. The parties authorize
the Secretary General of the OAU to register this agreement with the
Secretariat of the United Nations in accordance with article 102(1) of the
Charter of the United Nations. |
||
|
DONE at _____ on the _____ day of
November, 2000, in duplicate in the English language. |
||
|