Algiers Agreement (2000)
Encyclopedia
The Algiers Agreement was an agreement between the governments of Eritrea
and Ethiopia
signed on December 12, 2000, at Algiers
, Algeria
to end the Eritrean-Ethiopian War
, a border war fought by the two countries from 1998 to 2000. (See also: History of Eritrea
.)
The purpose of the agreement was to:
The Agreement established two neutral commissions: the Boundary Commission, and the Claims Commission.
Each commission was composed of five members and located in The Hague
, the Netherlands
. Each country was to appoint two commissioners who were not nationals of the country. The president of each commission was selected by the other commissioners. Provision was made that if they failed to agree on a president within 30 days, the Secretary-General of the United Nations would appoint a president after consultation with the parties.
(OAU), in consultation with the Secretary General of the United Nations
and the two parties.
The two governments reaffirmed the principle of respect for the borders existing at independence, and that the border was to be determined on the basis of colonial treaties and applicable international law by the EEBC. The United Nations
Cartographer would serve as Secretary to the EEBC, and undertake such tasks as assigned to him by the Commission, making use of the technical expertise of the UN Cartographic Unit.
Each party provided its claims and evidence to the Secretary, who provided to the EEBC his findings based on this evidence, identifying those portions of the border where there appeared to be no dispute between the parties. Where there was disagreement, the parties presented written and oral submissions and any additional evidence directly to the EEBC.
Upon reaching a final decision regarding delimitation
of the borders, the EEBC transmitted its decision to the parties and Secretaries General of the OAU and the UN, and the EEBC would arrange for demarcation. The parties agreed that the delimitation and demarcation determinations of the EEBC would be final and binding. Each party agreed to respect the border so determined, as well as the territorial integrity and sovereignty of the other party.
The EEBC issued a final border ruling in 2003, but its decision was rejected by Ethiopia. As of August 2004, the border question remained in dispute, although a tentative peace remains in place. By November 2007 the EEBC concluded the demarcation phase of the Algiers Agreement. As of that date, Ethiopia has not withdrawn its troops from those positions on the Eritrean side of the demarcated border.
However, as of September 2007, Ethiopia considers Eritrea to be in breach of the agreement, which effectively puts any border issues in contention. In December 2007, an estimated 4000 Eritrean troops remained in the 'demilitarized zone' with a further 120,000 along its side of the border. Ethiopia maintained 100,000 troops along its side.
(a) related to the conflict, and
(b) resulted from violations of international humanitarian law, including the 1949 Geneva Conventions, or other violations of international law.
The Commission would 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.
Claims were submitted to the Commission by each of the parties on its own behalf and on behalf of its nationals within one year from the effective date of the agreement, and with certain exceptions, the Commission was to be the only forum for such claims. In appropriate cases, the parties could file claims on behalf of persons of Eritreans or Ethiopian origin who were not nationals.
The Commission was authorized to develop its own methods of efficient case management and mass claims processing. The Commission was to endeavor to complete its work within three years of the date when the period for filing claims closes. The Commission was to apply relevant rules of international law.
Decisions and awards of the Commission were final and binding. The parties agreed to honour all decisions and to pay any monetary awards rendered against them promptly.
Eritrea
Eritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
and Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
signed on December 12, 2000, at Algiers
Algiers
' is the capital and largest city of Algeria. According to the 1998 census, the population of the city proper was 1,519,570 and that of the urban agglomeration was 2,135,630. In 2009, the population was about 3,500,000...
, Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
to end the Eritrean-Ethiopian War
Eritrean-Ethiopian War
The Eritrean–Ethiopian War took place from May 1998 to June 2000 between Ethiopia and Eritrea, forming one of the conflicts in the Horn of Africa...
, a border war fought by the two countries from 1998 to 2000. (See also: History of Eritrea
History of Eritrea
Eritrea is an ancient name, associated in the past with its Greek form Erythraía , and its derived Latin form Erythræa. This name relates to that of the Red Sea, then called the Erythræan Sea, from the Greek for "red", ἐρυθρος). The Italians created the colony of Eritrea in the 19th century around...
.)
The purpose of the agreement was to:
- end/terminate hostilities permanently and agree to refrain from the threat or use of force.
- respect and fully implement the provisions of an agreement on cessation of hostilities signed on June 18, 2000.
- release and repatriate all prisoners of war and all other persons detained.
- provide humane treatment to each other's nationals and persons of each other's national origin within their respective territories.
The Agreement established two neutral commissions: the Boundary Commission, and the Claims Commission.
Each commission was composed of five members and located in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. Each country was to appoint two commissioners who were not nationals of the country. The president of each commission was selected by the other commissioners. Provision was made that if they failed to agree on a president within 30 days, the Secretary-General of the United Nations would appoint a president after consultation with the parties.
Boundary Commission
The two governments agreed to determine the origins of the conflict by allowing an investigation incidents of 1997 and 1998 and earlier regarding their common border. The investigation would be carried out by an independent, impartial body, known as the Ethiopian-Eritrean Boundary Commission (EEBC), appointed by the Secretary General of the Organization of African UnityAfrican Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
(OAU), in consultation with the Secretary General of the United Nations
United Nations Secretary-General
The Secretary-General of the United Nations is the head of the Secretariat of the United Nations, one of the principal organs of the United Nations. The Secretary-General also acts as the de facto spokesperson and leader of the United Nations....
and the two parties.
The two governments reaffirmed the principle of respect for the borders existing at independence, and that the border was to be determined on the basis of colonial treaties and applicable international law by the EEBC. The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Cartographer would serve as Secretary to the EEBC, and undertake such tasks as assigned to him by the Commission, making use of the technical expertise of the UN Cartographic Unit.
Each party provided its claims and evidence to the Secretary, who provided to the EEBC his findings based on this evidence, identifying those portions of the border where there appeared to be no dispute between the parties. Where there was disagreement, the parties presented written and oral submissions and any additional evidence directly to the EEBC.
Upon reaching a final decision regarding delimitation
Boundary delimitation
Boundary delimitation, or simply delimitation, is the term used to describe the drawing of boundaries, but is most often used to describe the drawing of electoral boundaries, specifically those of precincts, states, counties or other municipalities...
of the borders, the EEBC transmitted its decision to the parties and Secretaries General of the OAU and the UN, and the EEBC would arrange for demarcation. The parties agreed that the delimitation and demarcation determinations of the EEBC would be final and binding. Each party agreed to respect the border so determined, as well as the territorial integrity and sovereignty of the other party.
The EEBC issued a final border ruling in 2003, but its decision was rejected by Ethiopia. As of August 2004, the border question remained in dispute, although a tentative peace remains in place. By November 2007 the EEBC concluded the demarcation phase of the Algiers Agreement. As of that date, Ethiopia has not withdrawn its troops from those positions on the Eritrean side of the demarcated border.
However, as of September 2007, Ethiopia considers Eritrea to be in breach of the agreement, which effectively puts any border issues in contention. In December 2007, an estimated 4000 Eritrean troops remained in the 'demilitarized zone' with a further 120,000 along its side of the border. Ethiopia maintained 100,000 troops along its side.
Claims Commission
A neutral Claims Commission was also established. The mandate of the Commission was to decide through binding arbitration all claims for loss, damage or injury by one Government against the other, and by nationals of one party against the Government of the other party or entities owned or controlled by the other party that were(a) related to the conflict, and
(b) resulted from violations of international humanitarian law, including the 1949 Geneva Conventions, or other violations of international law.
The Commission would 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.
Claims were submitted to the Commission by each of the parties on its own behalf and on behalf of its nationals within one year from the effective date of the agreement, and with certain exceptions, the Commission was to be the only forum for such claims. In appropriate cases, the parties could file claims on behalf of persons of Eritreans or Ethiopian origin who were not nationals.
The Commission was authorized to develop its own methods of efficient case management and mass claims processing. The Commission was to endeavor to complete its work within three years of the date when the period for filing claims closes. The Commission was to apply relevant rules of international law.
Decisions and awards of the Commission were final and binding. The parties agreed to honour all decisions and to pay any monetary awards rendered against them promptly.