g) In order to contribute to restoring security of persons and property throughout the national territory, the Government of National Reconciliation will organise the regrouping and subsequent disarming of all forces. It will ensure that no mercenaries remain within the country’s borders.
h) The Government of National Reconciliation will seek the help of ECOWAS, France and the United Nations to arrange for their forces to guarantee these operations.
Annex
VII – Regrouping, disarming and demobilizing
1. Immediately after assuming office, the Government of National Reconciliation will undertake the process of concomitant regrouping of the forces on the ground, under the supervision of ECOWAS and French forces.
2. In a second phase it will set out the measures to be taken with respect to disarming and demobilizing these forces, also under ECOWAS and French force supervision.
3. All recruits enlisted after 19 September will be immediately demobilized. |
Demobilization: Linas-Marcoussis Agreement
3. The Round Table reiterates the need to maintain the territorial integrity of Cote d’lvoire and respect for its institutions and to restore the authority of the State. It recalls its commitment to the principle of democratic accession to and exercise of power. To this end it agrees as follows:
g) In order to contribute to restoring security of persons and property throughout the national territory, the Government of National Reconciliation will organise the regrouping and subsequent disarming of all forces. It will ensure that no mercenaries remain within the country’s borders.
h) The Government of National Reconciliation will seek the help of ECOWAS, France and the United Nations to arrange for their forces to guarantee these operations.
Annex
VII – Regrouping, disarming and demobilizing
1. Immediately after assuming office, the Government of National Reconciliation will undertake the process of concomitant regrouping of the forces on the ground, under the supervision of ECOWAS and French forces.
2. In a second phase it will set out the measures to be taken with respect to disarming and demobilizing these forces, also under ECOWAS and French force supervision. |
Citizenship Reform: Linas-Marcoussis Agreement
I- Citizenship, identity, status of foreign nationals
1. The Round Table considers that Law 61-415 of 14 December 1961 on Ivorian citizenship, as amended by Law 72-852 of 21 December 1972, which is based on complementarity between jus sanguinis and jus soli and makes broad provision for naturalization by certificate issued by the public authorities, is a generous and well-drafted text. The Round Table considers on the other hand that there are many difficulties in implementing the law, as a result either of lack of awareness among populations or of administration and police and security force practices which disregard the law and human rights. The Round Table has observed a degree of legal difficulty in applying Articles 6 and 7 of the Citizenship Code. This difficulty is compounded by the fact that in practice the certificate of citizenship is valid for three months only and that the person holding it must prove his citizenship each time it is renewed by producing a number of documents. However, the Code has heretofore been applied. Therefore the Government of National Reconciliation will: a. immediately promote increased recourse to existing naturalization procedures, based on better information and possibly co-operation projects implemented with the support of international development partners; b. submit, on an exceptional basis and within six months, a naturalization bill aimed at settling in a simple and accessible manner the cases of those persons deemed ineligible and considered to be in the country illegally (in particular cases concerning persons formerly covered by Articles 17 to 23 of Law 61-415 as repealed by Law 72-852 and persons residing in Cote d’lvoire prior to 7 August 1960 who did not exercise their option within the prescribed deadline), and supplement the existing text by including in new Article 12 foreign men married to Ivorian women. 2. To cope with the uncertainty and slow pace of the identification process and with the mistakes and abuses to which security checks can give rise, the Government of National Reconciliation will take further action with respect to registration and identification of individuals, in particular: a. Suspension of the current identification process pending decrees implementing the Law and timely establishment of a National Identification Commission, headed by a judge and made up of representatives of the political parties, to be charged with supervising and overseeing the National Identification Office. b. Ensuring strict consistency of the Law on Identification with the Citizenship Code regarding proof of citizenship. 3. The Round Table finds that the foreign nationals residing in large numbers in Cote d’lvoire have made a major contribution to national wealth and helped confer on Cote d’lvoire its special position and responsibility within the sub-region, which has also benefited the countries of origin of these foreign nationals, and considers that the petty annoyances perpetrated by the administration and the police and security forces, which often disregard the law and human rights and which often affect foreign nationals, can be caused by wilful misapplication of identification provisions. a. The Government of National Reconciliation will therefore immediately eliminate the residence permit requirement under Article 8 paragraph 2 of Law 2002-03 of 3 January 2002 for nationals of ECOWAS countries and will carry out the immigration inspection needed by using means of identification not subject to fraudulent misuse. b. Moreover the Government of National Reconciliation will consider introducing legislative and regulatory provisions to improve the status of foreign nationals and protect their property and persons. c. The Round Table also calls on all ECOWAS Member States to ratify, in a timely manner, the existing protocols concerning free circulation of persons and goods, to practice strengthened cooperation in controlling migratory flows, to respect the fundamental rights of immigrants and to diversify areas of development. These actions can be implemented with the support of international development partners. III- Eligibility to the Presidency of the Republic 2. The Citizenship Code will be amended by adding to the conditions under which Ivorian citizenship can be revoked, under Article 53, the following words: “holding elective office abroad or serving as a member of a foreign government”. |
Ceasefire: Linas-Marcoussis Agreement
2. The Round Table welcomes the cease-fire made possible and guaranteed by the deployment of ECOWAS forces supported by French forces, and demands strict compliance with it. The Round Table calls on all parties immediately to put a stop to all exactions and consecrate the peace. It calls for the immediate release of all political prisoners |
Amnesty: Linas-Marcoussis Agreement
i) The Government of National Reconciliation will take the necessary steps to ensure release and amnesty for all military personnel being held on charges of threatening State security and will extend this measure to soldiers living in exile.
Annex VII – Regrouping, disarming and demobilizing 5. The Government of National Reconciliation will take the necessary steps to ensure the release and amnesty of all military personnel detained on charges of threatening State security and will extend the benefit of these measures to soldiers living in exile. The amnesty law will under no circumstances mean that those having committed serious economic violations and serious violations of human rights and international humanitarian law will go unpunished. |
Women’s Rights: Comprehensive agreement on the Bangsamoro
GPH-MILF Decision points (April 24, 2010)
10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed: g. Right of women to meaningful political participation, and protection from all forms of violence;
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHTS
g. Right of women to meaningful political participation, and protection from all forms of violence; Annex on Revenue Generation and Wealth Sharing (July 13, 2013) XII. Gender and Development
In the utilization of public funds, the Bangsamoro shall ensure that the needs of women and men are adequately addressed. For this purpose, the Bangsamoro shall set aside at least 5% of the official development funds that it receives for support programs and activities for women in accordance with a gender and development plan. |
Verification Mechanism: Comprehensive agreement on the Bangsamoro
Agreement on Peace (June 22, 2001)
A. SECURITY ASPECT
3. The Parties agree to invite representatives of the Organization of Islamic Conference (OIC) to observe and monitor the implementation of all GRP-MILF Agreements. The Parties further agree to strengthen the GRP-MILF Agreement on the General Cessation of Hostilities dated 18 July 1997. Upon signing this Agreement, a Monitoring Team shall be constituted with representatives from the OIC.
GPH-MILF Decision points (April 24, 2010)
9. The Parties agree to the creation of (third party) monitoring and evaluation mechanisms, which may utilize competencies already available in existing mechanisms, e.g. ICG, IMT, CCCH.
Framework Agreement on the Bangsamoro (October 12, 2012)
V. TERRITORY
2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitiry Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.
VII. TRANSITION AND IMPLEMENTATION
11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements.
VIII. NORMALIZATION
7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMP) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
I. THE TRANSITION PROCESS
G. Monitoring
A Third Party Monitoring Team composed of international bodies as well as domestic groups shall be created by the Parties for the purpose of periodic monitoring of the implementation of all the agreements.
II. TRANSITION MECHANISMS AND MODALITIES
A. The Transition Commission (TC)
6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed: [g] Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition.
II. TRANSITION MECHANISMS AND MODALITIES
C. The Third Party Monitoring Team (TPMT)
1. Pursuant to Provision No. VII (Transition and Implementation), Paragraph 11 and 12, of the Framework Agreement on the Bangsamoro (FAB), a Third Party Monitoring Team shall be established to monitor the implementation of all agreements by the Parties.
2. The TPMT is an independent body composed of international bodies, as well as domestic groups, as follows: – A chair, who shall be an eminent international person; – A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the GPH; – A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the MILF; – A representative from an international non-government organization to be nominated by the GPH; and – A representative from an international non-government organization to be nominated by the MILF.
All members shall be mutually acceptable and agreed upon by the Parties.
3. The TPMT shall be covered by a set of Terms of Reference (ToR) and Guidelines that shall define and frame the scope of its operational functions and administrative requirements. The ToR and Guidelines shall be approved by the Parties.
4. The basic functions of the TPMT are, but not limited to, the following:
a. Monitoring and evaluation of the implementation of all agreements b. Submit comprehensive periodic reports and updates to both Parties |
Truth and Reconciliation Commission: Comprehensive agreement on the Bangsamoro
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations. |
Self-Determination Process: Comprehensive agreement on the Bangsamoro
Framework Agreement on the Bangsamoro (October 12, 2012)
V. TERRITORY
Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
II. TRANSITION MECHANSMS AND MODALITIES [f] Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro. |
Reparations: Comprehensive agreement on the Bangsamoro
Agreement on Peace (June 22, 2001)
B. REHABILITATION ASPECT
3. The Parties shall safely return evacuees to their place of origin; provide all the necessary financial/material and technical assistance to start a new life, as well as allow them to be awarded reparations for their properties lost or destroyed by reason of the conflict.
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHTS
2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually. |