The Liberian Democratic Experience

Original Accord Text in Brief

Narrative: This workload was what I was waiting to share with Eritreans as the best solution to challenge the dictatorship at home and the potential chaos after the regime collapses one way or another. I have been saying that the Liberian Democracy experience through the Accra Peace Accord would be the best prototype to follow in order to draft our own accord for the following obvious reasons:

The Accra accord was supported by the international community that helped implement it in Liberia towards democracy. All international organizations were behind it in deed until the point democracy was erected in the country.

Our society is similar to that of Liberia’s in many ways to apply the Accord in Eritrea with slight modification.

The modification takes at least three important differences between the situation in Liberia (2003) and that of ours:

1. President Charles Taylor was part of the agreement to leave office peacefully handing his power over to the then active vise-president of Liberia. We don’t have this scenario in Eritrea and President Afwerki is not expected to be part of the agreement.
2. We don’t have a vise President to take over after he leaves. Therefore the agreement can only be between the political parties in the resistance at least initially. Should power after Afwerki be held by any individual or group in the system in the progression of the effort, the agreement would be expected to include the successor/s in the transition process of the society to democracy.
3. We don’t have civil war in Eritrea like the Liberians had. Therefore there is no secession of hostilities to accommodate in our situation.

Brief framework of the Accra Peace Accord

 

Source: https://peaceaccords.nd.edu/matrix/status/58/powersharing_transitional_government

 

Accra Peace Agreement; 2003 between President Charles Taylor and the opposition groups of Liberia

ARTICLE XX: INTERIM PERIOD
1. (a) With the exit of the President Charles Taylor of the Republic of Liberia, the GOL shall be headed by the Vice President for an interim period.
(b) The Vice President shall assume the duties of the current President for a period not beyond 14^th October, 2003, whereupon the Transitional Government provided for in this Agreement shall be immediately installed.

Comment: (b) guarantees the smooth transfer of power from dictatorship to the transitional government that was mandated to manage national issues including the Army during the transitional period set by the groups involved.

ARTICLE XXI: ESTABLISHMENT OF A TRANSITIONAL GOVERNMENT
1. An all-inclusive Transitional Government to be called the National Transitional Government of Liberia, (NTGL), is hereby established to replace the present Government of Liberia.
2. The NTGL shall be inaugurated and fully commence operations by 14th October, 2003 and its mandate shall expire on the third Monday of January 2006 when the next elected Government of Liberia shall be inaugurated.

Comment: (1) Tells that all politicians with different political outlooks were united under the NTGL to replace the government of Liberia temporarily. This is what we are trying to achieve in Eritrea vis-à-vis the opposition forces in the resistance.

(2) Sets the time limit of the transitional government to 3 years. Therefore, the Liberian unity was temporary and time sensitive. Apparently, it would be similar in our situation if we choose to go this way to democracy (in fact the only way for us).

3. Immediately upon the installation of the NTGL in Liberia, all cabinet Ministers, Deputy and Assistant Ministers, heads of autonomous agencies, commissions, heads of public corporations and State-owned enterprises of the current GOL shall be deemed to have resigned. This does not preclude re-appointment according to the appropriate provisions of this Agreement.

Comment: This would be the fate of the current politicians serving the Eritrean regime should the people succeed in forming a Transitional Government through unconditional temporary unity.

5. The LURD, MODEL, and all irregular forces of the GOL shall cease to exist as military forces, upon completion of disarmament.

Comment: This article instructs the different armed forces in Liberia to disarm under the Transitional Government. In our case, it can take place before or after forming said government, preferably before the fall of the regime. But I don’t think it is mandatory to make this a condition for forming a transitional government, at least based on the Liberian experience which worked well at the end of the process.

6. There shall be no restriction on members of the LURD and MODEL to engage in national politics through the formation of political parties or otherwise, save and except those restrictions imposed on all parties and associations by the relevant laws of Liberia.

Comment: This article secures the healthy diversion of political forces from the united front to develop their respective parties and compete for power in democratic Liberia. The procedure was, however, conducted during the agreed upon transitional period. This would be ideal in our situation and can be practically done if we honestly aim at changing the situation of our country.

ARTICLE XXII: MANDATE OF THE NATIONAL TRANSITIONAL GOVERNMENT OF LIBERIA
2. In addition to normal State functions, its mandate shall include the following:
(a) Implementation of the provisions of the Ceasefire Agreement;
Comment: This does not apply in our case because we do not have a civil war.
(b) Overseeing and coordinating implementation of the political and rehabilitation programs enunciated in this Peace Agreement;

Comment: This applies in our case because we have thousands of traumatized refugees that need medical and material rehabilitation immediately after the downfall of the Afwerki regime.

(c) Promotion of reconciliation to ensure the restoration of peace and stability to the country and its people;

Comment: This applies in our case because the badly needed reconciliation of our people has so far been ignored by the regime.

(d) Contribution to the preparation and conduct of internationally supervised elections in October 2005, for the inauguration of an elected Government for Liberia in January 2006.

Comment: This clearly states the responsibility of the transitional government to facilitate an elected government in Liberia. It worked and so would in our case.

ARTICLE XXIII: STRUCTURE OF THE NTGL
The NTGL shall consist of three branches, namely:
(i) The National Transitional Legislative Assembly (NTLA);
(ii) The Executive; and
(iii) The Judiciary.

Comment: The Liberian transitional government according to this Accord was a fully operational temporary government that had to comprise the three mandatory structures of a government to effectuate its obligations during the transitional period. In other words, it had a temporary constitution limited to serve the society during said period, replaceable by the NATIONAL CONSTITUTION after it exhausted its mandate, otherwise. It worked and so would it in our case.

ARTICLE XXV: THE EXECUTIVE
1. The NTGL shall be headed by a person to be called the Transitional Chairman. The Transitional Chairman shall be assisted by a Transitional Vice-Chairman.
2. Selection of the Transitional Chairman and Vice-Chairman shall be by consensus arising from a process of consultations undertaken by the accredited delegates and observers to the Peace Talks. The selection procedure is defined in Annex 2 to this Agreement.

Comment: This process can be first agreed upon before put to effect. There should be few decent ways of erecting the Executive branch of the transitional government in Eritrea that can be agreed upon by the groups within through transparent relationship.

Implementation Status

2003: President Taylor handed over his presidential power to Vice President Moses Blah on 11 August 2003 in accordance with the peace agreement’s stipulations (Source: Secretary General’s Report to the Security Council, 11 September 2003. S/2003/875).

The National Transitional Government of Liberia (NTGL) was inaugurated on 14 October 2003. The positions in the cabinet were allocated in accordance with the peace agreement. (Source: Secretary General’s Report to the UN Security Council, 15 December 2003. S/2003/1175).

2005: The power-sharing government continued in 2005 and prepared for Senate, Legislature and Presidential elections. The elections took place on October 11, 2005 and a second round of presidential elections on November 8, 2005.

2006-2010
After the 2006 elections, Liberia returned to a normalized political process by completing the transitional government provision of the Accra Peace Agreement 2003. The new government was installed in January 2006.

Comment: The brief information above provides the procedure by which democracy was erected in Liberia after dictator Charles left his post through the Accra Accord. Apparently, this procedure has been practiced and found to be the best way to transform a society from dictatorship to democracy.

Conclusion: The conditions necessary for the Liberian forces to unite and form a transitional government towards the eventual elected government were as follows:

• Agreement on temporary unity to replace the government by a temporary government that comprises all forces in the country under a temporary constitution only valid for as long as the transition period lasts: The national constitution would then take over after election. (it worked well)
• Agreement on the time limit of the temporary government. (it worked well)
• Agreement on disarmament of different forces in the long run during the transition period. (it worked well)
• The right of any group to diverge out as a political party and compete for power according to the law governed by the National Constitution. (it worked well)

 

Graphic view of Liberia Peace Agreement

 

 

 

 

 

 

 

 

 

 

 

 

 

The Answer Part II: Fetsum Abraham

Eritrea Peace Agreement between the opposition forces in the resistance based on Liberian Experience

Graphic view of Eritrea Peace Agreement

Eritrean Peace Agreement – 2015

Comprehensive Peace Agreement between all members of the Eritrean resistance for freedom and secular democracy

Table of Contents

Narrative: Taking into consideration that the Eritrean society is composed of nine known nationalities and at least two dominant religions and that democracy is impossible in the diversified society without adopting the minimum common of the ethnic groups within, this peace agreement restricts religious and ethnic politics with full respect of their democratic values out of national politics leaving the people’s outstanding problems for genuine democracy to resolve.

Text of the Agreement

Annex 1: Agreement on forming a national transitional government of Eritrea (NTGE) between the Civic Organizations, non ethnic and religious Political groups and Parties

Annex 2: Selection Process for the Position of Chairman and Vice-Chairman

Annex 3: Implementation Timetable of the Eritrean Peace Agreement

Annex 4: Allocation of Cabinet Positions, Public Corporations and Autonomous Agencies/Commissions under the NTGE

Comprehensive Peace Agreement between the Civic Organizations, political groups and parties

We, the secular elements of the Eritrean society

Gravely concerned about the people’s ever increasing exodus and the dangerous depletion of manpower in the country as a result, the consecutive massive death of desperate Eritrean refugees in international waters and deserts, the endless military conscription and free labor exploitation in the name of national service, the illegal taxation of the Diaspora without representation, the collapse of beurocracy and education with the only University in the country officially closed by the government, the intolerable economic paralysis and infrastructural crisis in the country, the highest African corruption relating the Eritrean regime’s $700 million bank account in the HSBS scandal, the arbitrary incarceration of thousands of innocent citizens without due trial, the intolerable poverty and ignorance imposed on the people as State Policy, the exceptional type of absolute dictatorship that refused to accept dialog for peace with the neighboring countries, the isolation and sanction induced disaster in our country, the regime’s indefinite shelving of the Eritrean constitution, total unaccountability and privatization of national wealth, application of foreign mercenaries to control the society and obstruct the democratic spirit of the region, the regime’s compulsive involvement in proxy war with our neighboring countries and illegal human trafficking activities;

Recalling the failed collective international initiatives (UN, AU, USA, IGAD, etc.) to normalize Eritrea because of the rigid and visionless regime that has no interest to legally and peacefully live with the people, their neighboring societies and the international community;

Undertaken by the sincere interest of the international community aimed at bringing a fundamental change in Eritrea; the president’s open declaration that “Eritreans would never see election probably for the coming 40 years” (Aljazeera Interview); the total absence of transparency in the country with the worst record on journalism, the press and freedom of speech, and the regime’s current policy of family destruction through destruction of people’s houses and properties without compensation in the presence of chronic housing shortage in the country;

Undertaken by the president’s latest interview that the system has failed in all aspects of life in the Eritrean society (energy, construction, education, economy; diplomacy and health) and his persistence to continue running the nation without modification or offering an alternative;

Moved by the imperative need to respond to the ardent desire of the people of Eritrea for genuine lasting peace, national unity, repatriation and reconciliation, justice and constitutional governance;

Reaffirming the objective of promoting better relations among the Eritreans by ensuring a stable political environment in which our people can live in freedom under the law and in true and lasting peace, free from any threat against their security;

Determined to concert our efforts to promote democracy in the sub-region on the basis of political pluralism and respect for fundamental human rights as embodied in the Universal Declaration on Human Rights, the African Charter on Human and People’s Rights and other widely recognized international instruments on human rights including those contained in the arrested Constitution of Eritrea;

Guided by the principles of democratic practice, good governance and respect for the rule of law;

Committed to promoting all inclusive participation in governance and the advancement of democracy in Eritrea, as well as promoting full respect for international humanitarian law and human rights;

Concerned about the socio-economic well being of the people of Eritrea;

Determined to foster mutual trust and confidence amongst ourselves and to establish mechanisms which will facilitate genuine healing and reconciliation amongst Eritreans;

Also determined to establish sustainable peace and security, and pledging forthwith to settle all past, present and future differences by peaceful and legal means and to refrain from the threat of, or use of force;

Recognizing that the Eritrean crisis also has external dimensions that call for good neighborliness in order to have durable peace, stability and productive regional developmental cooperation in East Africa;

Committed to the establishment of an orderly transition process, to prevent the outbreak of future civil conflict in Eritrea and the consequences of conflicts;

Desirous of seeking international assistance and support in restoring peace and stability in Eritrea;

HEREBY AGREE AS FOLLOWS
PART ONE
ARTICLE I

DEFINITIONS

For the purpose of this Agreement:

“AU” means the African Union;

“DDRR” means Disarmament, Demobilization, Rehabilitation and Reintegration;

“IGAD” means The Intergovernmental Authority on Development (IGAD); an eight-country trading bloc based in Eastern Africa. It includes governments from the Horn of Africa, Nile Valley, and the African Great Lakes.

“TRC” means Truth and Reconciliation Commission

“EU” means the European Union;

“GOE” means the present Government of Eritrea;

“EDA” means Eritrean Democratic Alliance comprising opposition political parties.

“ICGE” means the International Contact Group on Eritrea;

“ICRC” means the International Committee of the Red Cross;

“IMC” means the Implementation Monitoring Committee (to be formed in the future in order to monitor the implementation of the transitional government’s roles in Eritrea)

“INCHR” means Independent National Commission on Human Rights to be established in the near future in order to monitor human rights in Eritrea during the transitional period.

“Irregular Forces” means all forces that are not established in accordance with the Constitution and laws of Eritrea.

“ENP” means the Eritrean National Police;

“UEJ” means Unity of Eritreans for Justice; a popular neutral non political movement aiming at democratizing Eritrea through said transitional government.

“NCDDRR” means the National Commission for Disarmament, Demobilization, Rehabilitation and Reintegration to be established in the future.

“NEC” means the National Electoral Commission;

“NTGE” means the National Transitional Government of Eritrea;

“NTLA” means National Transitional Legislative Assembly;

“Groups” means the Civic Organizations to this Agreement;

“Political Parties” means Political Parties registered under the laws of Eritrea.

“Parties” means the Political Parties to this Agreement;

“The Agreement” means this Comprehensive Peace Agreement;

“Chairman” means the Head of the NTGE;

“ISF” means International Stabilization Force;

“Vice-Chairman” means the Deputy Head of the NTGE;

“UN” means the United Nations Organization;

“UNICEF” means United Nations Children Fund;

“UNHCR” means the United Nations Office of the High Commissioner for Human Rights;

“UNDP” means the United Nations Development Program.

PART TWO

ARTICLE II

CESSATION OF HOSTILITIES

It is known that tens of independent Political Parties and Civic groups exist in the Eritrean resistance against the dictatorship. Although there are no violent hostilities between them, the potential to dictate future Eritrean politics by force remains probable under the current situation. Agreement can be reached on how to manage the armed groups as a unit under the transitional government of the country.

ARTICLE III
INTERNATIONAL STABILIZATION FORCE

1. The Parties involved in this process can agree on the need for the deployment of an International Stabilization Force (ISF) immediately after the removal of the current Eritrean regime. Accordingly, the Parties can request the United Nations in collaboration with the AU and the IGAD if necessary to facilitate, constitute and deploy a United Nations Chapter VII force in Eritrea to support the transitional government and to assist in the implementation of this Agreement.

1. The Parties may request the ISF to assume the following mandate:
   1. Investigating violations of the security aspects of this Agreement and taking necessary measures to ensure compliance;
   2. Monitoring disengagement and cantonment of forces of the Parties and providing security at disarmament/cantonment sites;
   3. Collecting weapons at disarmament sites and elsewhere and ensuring that the weapons so collected are properly accounted for and adequately secured for the transitional government as a unit;
   4. Assisting in the coordination and delivery of humanitarian assistance to displaced persons, refugees, returnees and other persons affected by the situation;
   5. Facilitating the provision and maintenance of humanitarian assistance and protecting displaced persons, refugees, returnees and other affected persons;
   6. Verifying all information, data and activities relating to the military forces of the Parties;
   7. Along with the International Contact Group on Eritrea, advising and supporting the Transitional Government provided for in this Agreement on the formation of a new and restructuring the Eritrean Army;
   8. Assisting with security for elections;
   9. Taking the necessary means whenever the need arises and as it deems within its capabilities to protect civilians, senior political and military leaders under imminent threat of physical violence;
2. The Parties expect that units of the ISF shall be selected from countries acceptable to all the Parties in this agreement.
3. The Parties to this Agreement can call on the ISF to remain in place until otherwise determined by the UN Security Council and the future elected Government of Eritrea.

PART THREE

ARTICLE IV

CANTONMENT, DISARMAMENT, DEMOBILIZATION REHABILITATION AND REINTEGRATION (CDDRR)

1. The Parties commit themselves to ensuring the prompt and efficient implementation of a national process of cantonment, disarmament, demobilization, rehabilitation and reintegration.
2. The ISF shall conduct the disarmament of all combatants of the Parties as applicable.
3. All arms and ammunitions shall be placed under constant surveillance by the ISF.
4. The JMC shall verify the reported data and information provided by the Parties about their forces as applicable.
5. Upon the signing of the present Agreement, the Transitional Government provided for in this Agreement, shall request the International Community to assist in the implementation of the Cantonment, Disarmament, Demobilization, Rehabilitation and Reintegration program through the provision of adequate financial and technical resources.

PART FOUR
SECURITY SECTOR REFORM

ARTICLE V
DISBANDMENT OF IRREGULAR FORCES, REFORMING AND RESTRUCTURING OF THE ERITREAN ARMED FORCES

1. The Parties agree that:
   1. All irregular forces shall be disbanded.
   2. The Armed Forces of Eritrea shall be restructured with a new command structure. The forces may be drawn from the ranks of the present GOE forces, the other existing forces abided by this agreement, as well as from civilians with appropriate background and experience. The Parties can request the UN, AU, and the IGAD to provide advisory staff, equipment, logistics and experienced trainers for the security reform effort. The Parties also request that the United States of America play a leading role in organizing this restructuring program.
2. The following Principles shall be taken into account in the formation of the restructured Eritrean Armed Forces:
   1. Incoming service personnel shall be screened with respect to educational, professional, medical and fitness qualifications as well as prior history with regard to human rights abuses;
   2. The restructured force shall take into account the country’s national balance. It shall be composed without any political bias to ensure that it represents the national character of Eritrea;
   3. The Mission of the Armed Forces of Eritrea shall be to defend the national sovereignty and in extremes, respond to natural disasters;
   4. All Parties shall cooperate with the UN, the AU, the IGAD and the United States of America.
3. All Parties together shall organize Information, Education and Communication (IEC) programs to sensitize the Eritrean public as to the mission and activities of the restructuring plan.

ARTICLE VI

RESTRUCTURING OF THE ERITREAN NATIONAL POLICE (LNP)
AND OTHER SECURITY SERVICES

1. There shall be an immediate restructuring of the National Police Force, the Immigration Force, Special Security Service (SSS), custom security guards and such other statutory security units. These restructured security forces shall adopt a professional orientation that emphasizes democratic values and respect for human rights, a non-partisan approach to duty and the avoidance of corrupt practices.
2. The Special Security Units including the Anti-Terrorist Unit, the Special Operations Division (SOD) of the Eritrean National Police Force and such paramilitary groups that operate within organizations as the National Ports Authority (NPA), the Eritrean Telecommunications Corporation (NTC), and the Airports shall be disarmed and restructured.
3. Until the deployment of newly trained national police, maintenance of law and order throughout Eritrea shall be the responsibility of an interim police force.
4. The Parties should call on the United Nations Civil Police components (UNCIVPOL) within the ISF to monitor the activities of the interim police force and assist in the maintenance of law and order throughout Eritrea.
5. The Parties also call on UNCIVPOL and other relevant International Agencies to assist in the development and implementation of training programs for the LNP.
6. The interim police force will only be allowed to carry side arms.

PART FIVE

ARTICLE VII
RELEASE OF PRISONERS AND ABDUCTEES

All political prisoners and prisoners of war, including non-combatants and abductees shall be released immediately and unconditionally by the Parties.

ARTICLE VIII
ASSISTANCE TO THE INTERNATIONAL COMMITTEE OF THE RED CROSS
AND RELEVANT NATIONAL AND INTERNATIONAL AGENCIES

All Parties shall provide the International Committee of the Red Cross (ICRC) and other relevant national and international agencies with information regarding their prisoners of conscience, abductees or persons detained by the regime, to enable the ICRC and other relevant national and international agencies visit them and verify any details regarding their condition and status before their release.

ARTICLE IX

The Parties call on the ICRC and such other relevant national and international agencies to give all the necessary assistance to the released persons, including re-location to any part of Eritrea.

PART SIX
HUMAN RIGHTS ISSUES

ARTICLE X
HUMAN RIGHTS

1a. The Parties agree that the basic civil and political rights enunciated in the Declaration and Principles on Human Rights adopted by the United Nations, African Union, in particular, the Universal Declaration of Human Rights and the African Charter on Human and People’s Rights, and as contained in the Laws of Eritrea, shall be fully guaranteed and respected within Eritrea.

1. These basic civil and political rights include the right to life and liberty, freedom from torture, the right to a fair trial, freedom of conscience, expression and association, and the right to take part in the governance of one’s country.

2a. The Parties should agree on the need for the establishment of an Independent National Commission on Human Rights (INCHR).

1. The INCHR shall monitor compliance with the basic rights guaranteed in the present Peace Agreement as well as promoting human rights education throughout the various sectors of the Eritrean society, including schools, the media, the police and the military.
2. The INCHR shall work together with local Eritrean human rights and civil society organizations, international human rights organizations and other relevant U.N. agencies to monitor and strengthen the observance of human rights in the country.
3. Technical, financial and material assistance may be sought by the INCHR from the U.N. Office of the High Commissioner for Human Rights (UNHCR), the African Commission on Human and People’s Rights and other relevant international organizations.

ARTICLE XI
TRUTH AND RECONCILIATION COMMISSION

1. A Truth and Reconciliation Commission shall be established to provide a forum that will address issues of impunity, as well as an opportunity for both the victims and perpetrators of human rights violations to share their experiences, in order to get a clear picture of the past to facilitate genuine healing and reconciliation.
2. In the spirit of national reconciliation, the Commission shall deal with the root causes of the crises in Eritrea, including human rights violations.
3. This Commission shall, among other things, recommend measures to be taken for the rehabilitation of victims of human rights violations.
4. Membership of the Commission shall be drawn from a cross-section of the Eritrean society. The Parties request that the International Community provide the necessary financial and technical support for the operations of the Commission.

PART SEVEN
HUMANITARIAN ISSUES

ARTICLE XII
HUMANITARIAN RELIEF

1a. The Parties re-affirm the commitment made in the Agreement, to provide security guarantees for safe and unhindered access by all humanitarian agencies to vulnerable groups throughout the country, in order to facilitate the delivery of humanitarian assistance in accordance with international conventions, principles and norms governing humanitarian operations.

1. Accordingly, the Parties agree to guarantee the security and movement of humanitarian personnel, that of their properties, goods transported, stocked or distributed, as well as their projects and beneficiaries.
2. The Transitional Government provided for in this agreement shall ensure the establishment of effective administrative and security infrastructure.
3. The Transitional Government shall request the International Community to assist in providing humanitarian assistance for those in need including internally displaced persons, refugees and returnees.
4. The Parties shall ensure the presence of security guarantees for the safe return and resettlement of refugees and internally displaced persons and the free movement of persons and goods.

ARTICLE XIII
INTERNATIONAL HUMANITARIAN LAW

The Parties undertake to respect as well as encourage the Eritrean populace to also respect the principles and rules of International Humanitarian law in post-Afwerki Eritrea.

PART EIGHT
POLITICAL ISSUES

ARTICLE XIV
ESTABLISHMENT OF A GOVERNANCE REFORM COMMISSION

1. A Governance Reform Commission should be established. The Commission shall be a vehicle for the promotion of the principles of good governance in Eritrea.
2. The mandate of the Commission shall be to:
   1. Review the existing program for the Promotion of Good Governance in Eritrea, with the objective of adjusting its scope and strategy for implementation;
   2. Develop public sector management reforms through assessment, reforms, capacity building and performance monitoring;
   3. Ensure transparency and accountability in governance in all government institutions and activities, including acting as the Public Ombudsman;
   4. Ensure effective governance through decentralization and participation;
   5. Ensure a national and regional balance in appointments without compromising quality and integrity;
   6. Ensure an enabling environment which will attract private sector direct investment;
   7. Monitor, assess and report to the NTLA on the implementation and impact of activities undertaken to encourage the practice of good governance in Eritrea.
3. The Structure of the Commission shall be as follows:
   1. The Commission shall be established as an independent Commission with agreed upon number of permanent members appointed by the Chairman and confirmed by the NTLA, from a list provided by civil society organizations. It shall have a chairperson who must be from the civil society. Its membership shall include women.
   2. The members must have experience in one or more of the following: Public Sector Management, Corporate Law, Finance and Auditing Regulations, Trade Policies and NGO activities. They must be men and women of known integrity with national and/or international experience.
4. The Commission shall submit quarterly reports directly to the NTLA who shall make recommendations thereon to the Chairman for action.
5. The NTGE calls on the UNDP, relevant international organizations and the IGAD if necessary to provide financial, logistics and technical support for the Commission.

ARTICLE XV

CONTRACT AND MONOPOLIES COMMISSION (CMC)

1. A Contract and Monopolies Commission should be established in Eritrea to oversee activities of a contractual nature undertaken by the NTGE.
2. Its mandate shall include:
3. Ensuring that all public financial and budgetary commitments entered into by the NTGE are transparent, non-monopolistic and in accordance with the laws of Eritrea and internationally accepted norms of commercial practice;
4. Ensuring that public officers will not use their positions to benefit from any contract financed from public funds;
5. Publishing all tenders in the media and on its own website to ensure maximum competition and transparency. The Commission shall also publish on its website the result of tenders as well as a record of all commercial entities that have participated and succeeded in reviewing contracts;
6. Ensuring the formulation and effective implementation of sound macro-economic policies that will support sustainable development goals;
7. Collaborating with the international institutions to provide finance to Eritrea in carrying out its functions

3a. The Commission shall consist of agreed upon number of remembers appointed by the Chairman, on the approval of the NTLA, from the broad spectrum of civil society, who may or may not be technocrats.

1. The members shall be persons of sound judgment and integrity who are independent of the commercial sector. The members must have sufficient experience to be able to review contract documents and procedures to ensure that public funds are used without favor and with complete transparency.
2. The members of the CMC shall be assisted by independent national and international experts.

ARTICLE XVI
ELECTORAL REFORM

1. The Parties should agree that any electoral system in Eritrea managed by the dictatorship shall be reformed by the succeeding government of the country.

2a. The National Elections Commission (NEC) shall be constituted and shall be independent. It shall operate in conformity with UN standards, in order to ensure that the rights and interests of Eritreans are guaranteed, and that the elections are organized in a manner that is acceptable to all.

1. Appointments to the NEC shall be made by the Chairman with the advice and consent of the NTLA within three months from the entry into force of this Agreement. It shall be composed of men and women of integrity.

ARTICLE XVII
ORGANISATION OF ELECTIONS

2. National elections shall be conducted not later than the scheduled day in the agreement.
3. In order to create appropriate conditions for elections, a re-demarcation of constituencies shall be carried out to take account of newly created Counties.

4a. The Parties should agree that the Transitional Government provided for in this Agreement shall request the United Nations, the African Union, EU, IGAD and other members of the International Community as appropriate, to jointly conduct, monitor, and supervise the next elections in the country.

1. Voters education and registration programs shall be organized by the newly reconstituted NEC, in collaboration with other national and International organizations under the supervision of the United Nations.

ARTICLE XVIII
INTERIM PERIOD

1a. With the exit of President Isaias Afwerki of Eritrea, the GOE shall be headed by the Vice President for an interim period if applicable. In the absence of a known Vice President in Eritrea, the current cabinet of Ministers may pick an individual from the group to handle this position.

1. The Vice President or the elected individual shall assume the duties of the current President for a specified period, whereupon the Transitional Government provided for in this Agreement shall be immediately installed.

ARTICLE XVIIII
ESTABLISHMENT OF A TRANSITIONAL GOVERNMENT

1. An all-inclusive Transitional Government to be called the National Transitional Government of Eritrea, (NTGE), is hereby established to replace the present Government of Eritrea.
2. The NTGE shall be inaugurated and fully commence operations by a date agreed upon and its mandate shall expire on the day agreed upon when the next elected Government of Eritrea shall be inaugurated.
3. Immediately upon the installation of the NTGE in Eritrea, all cabinet Ministers, Deputy and Assistant Ministers, heads of autonomous agencies, commissions, heads of public corporations and State-owned enterprises of the current GOE shall be deemed to have resigned. This does not preclude re-appointment according to the appropriate provisions of this Agreement.
4. The authority of the NTGE shall be established and recognized throughout the territory of the Republic of Eritrea, immediately upon its installation in Asmara. The NTGE shall have control over the entire territory of Eritrea.
5. All irregular forces of the GOE shall cease to exist as military forces, upon completion of disarmament.
6. There shall be no restriction on members of the political parties or groups to engage in national politics through the formation of political parties or otherwise; except those restrictions imposed on all parties and associations by the relevant laws of Eritrea.

ARTICLE XX
MANDATE OF THE NATIONAL TRANSITIONAL
GOVERNMENT OF ERITREA

The primary responsibility of the NTGE shall be to ensure the scrupulous implementation of this Peace Agreement.

1. In addition to normal State functions, its mandate shall include the following:

1. Implementation of the provisions of the Peace Agreement;
2. Overseeing and coordinating implementation of the political and rehabilitation programs enunciated in this Peace Agreement;
3. Promotion of reconciliation to ensure the restoration of peace and stability to the country and its people;
4. Contribution to the preparation and conduct of internationally supervised elections, for the inauguration of an elected Government for Eritrea at the day of schedule agreed upon by the parties.

ARTICLE XXI
STRUCTURE OF THE NTGE

The NTGE shall consist of three branches, namely:

1. The National Transitional Legislative Assembly (NTLA);
2. The Executive; and
3. The Judiciary.

ARTICLE XXII
THE NATIONAL TRANSITIONAL LEGISLATIVE ASSEMBLY (NTLA)

1. There should be a National Transitional Legislative Assembly (NTLA) in Eritrea which shall reflect a broad spectrum of the Eritrean society.
2. The NTLA shall be unicameral in nature and shall replace, within the transitional period, the entire Legislature of the Republic of Eritrea.
3. The NTLA shall compose members who shall come from the following entities:
4. Each of the Eritrean Counties nationwide.
5. The Political Parties, Civil Society and Interest Groups including the National Bar Association, the Eritrean Business Organizations, Women Organizations, Trade Unions, Teachers Union, Refugees, the Eritreans in the Diaspora and the Youth.
6. The formula for the composition of the NTLA shall be agreed upon with defined number of seats from the social elements involved in the process.

5 a. Selection of members of the NTLA shall be carried out in Eritrea and shall be subject to internal consultations amongst the different entities pre-identified through agreement and specially those in paragraphs 3 and 4 above.

6 a. The NTLA shall elect a Speaker to head the Assembly as well as one (1) Deputy Speaker.

1. Guidelines for the elections should be defined under Annex 2 which should be attached to this Agreement and is an integral part of the Peace Agreement.
2. The Speaker and Deputy Speaker within the NTGL shall not contest for any elective office during the democratic elections.
3. The NTLA shall have responsibility for the following:
4. Assuming responsibility for the country’s legislative functions;
5. Approving the policies and programs of the NTGE for implementation by the Cabinet;
6. Encouraging and supporting the emergence of a new democratic space, particularly in the areas of human rights and freedom of expression.
7. Two-thirds (2/3) of members of the NTLA shall form the quorum for meetings of the Assembly.
8. The decisions of the NTLA shall require the approval of at least 51% of the entire membership of the NTLA.
9. The NTLA shall adopt rules of procedure for the conduct of its proceedings.

ARTICLE XXIII
THE EXECUTIVE

1. The NTGE shall be headed by a person to be called the Transitional Chairman. The Transitional Chairman shall be assisted by a Transitional Vice-Chairman.
2. Selection of the Transitional Chairman and Vice-Chairman shall be by consensus arising from a process of consultations undertaken by the accredited delegates and observers to the Peace Talks. The selection procedure should be defined in Annex 2 of this Agreement.
3. The positions of Chairman and Vice-Chairman shall be allocated to the Political Parties and the Civil Society.
4. The Chairman and Vice-Chairman, as well as all principal Cabinet Ministers within the NTGE shall not contest for any elective office during the elections to be held in Eritrea.

ARTICLE XXIIII
THE CABINET

1. The NTGE shall maintain the profile and structure of the Executive Branch of the present Government of Eritrea.
2. In addition to the Commissions established by this Agreement, all existing public corporations and autonomous Agencies/Commissions shall operate under the present transitional arrangement, excluding the existing Commissions that have already been referred to under Articles XII and XIII of this Agreement.
3. The ministers, deputy and assistant ministers, heads of autonomous agencies, commissions, public corporations and state-owned enterprises, who should preferably be technocrats, shall be representatives of a broad cross-section of the Eritrean society.
4. Allocation of ministerial positions, deputy and assistant ministerial positions, headship of autonomous agencies, commissions, public corporations and state-owned enterprises shall be made to the Parties to this Agreement through a process of negotiation. The allocations as agreed to by the Parties should be contained in Annex 4 in the Agreement. Annex 4 should then be an integral part of this Agreement.

5a. The Parties shall forward to the Transitional Chairman within a period of seven (7) days, the name of one nominee for each position allocated to them.

1. The Transitional Chairman shall within a three (3-5) day period, forward from the individual list of nominees from the Parties, the candidate for each position, to the NTLA. The NTLA shall, within seven (7-10) days, confirm or reject the candidate from each of the Parties’ list for each position.
2. Where the NTLA is unable to confirm a candidate from any of the Parties’ list so submitted, the Chairman shall, following the same procedure as in “b” above and within (3-5) days of receiving notification of non-confirmation from the NTLA, submit other name(s) which shall be obtained for the relevant Parties to the NTLA. The NTLA shall thereafter, within the same (7-10) day period, make a final selection thereon.
3. The mandate of the Cabinet shall include:
4. Implementation of the decisions of the NTGE.
   b. Conduct of the usual activities of government ministries.
   c. Initiation of policies and recommendation of same to the Transitional Chairman for approval.
5. The Parties call on the United Nations, the EU, AU, IGAD (optional), the International Monetary Fund, the World Bank, African Development Bank and other international institutions in a position to do so, to assign trained personnel and international experts for the purpose of providing technical support and assistance to the NTGE, especially for the functioning of its ministries and all inclusive infrastructure.

 

ARTICLE XXV
THE JUDICIARY

1. The Judiciary shall be the third organ of the NTGE. Its structure shall remain unchanged.
2. Immediately upon the installation of the NTGE, all members of the Supreme Court of Eritrea i.e. the Chief Judge and all its Associate Justices shall be deemed to have resigned.
3. Under the NTGE, all new judicial appointments shall be made by the Chairman of the NTGE and approved by the NTLA. Nominations for such judicial appointments shall be based on a shortlist of candidates for each position recommended by the National Bar Association, including the female lawyers.
4. The Chief Justice and all Associate Justices within the NTGE shall not contest for any elective office during the elections to be held in Eritrea.

ARTICLE XXVI
NATIONAL BALANCE

The Parties shall reflect national and gender balance in all elective and non-elective appointments within the NTGE.

PART NINE
POST-CONFLICT REHABILITATION AND RECONSTRUCTION

ARTICLE XXVII
INTERNATIONAL ASSISTANCE

1. In view of the future appointment of the UN Secretary-General’s Special Representative in Eritrea, the Parties call for the urgent establishment of a consolidated United Nations Mission in Eritrea that will have the resources to facilitate the implementation and coordination of the Political, Social, Economic and Security assistance to be extended under this Agreement.
2. The Parties also call on the UN, AU, EU, IGAD (optional) and ICGL, to set up a monitoring mechanism in the form of an Implementation Monitoring Committee (IMC) that will ensure effective and faithful implementation of the Peace Agreement by all the Parties.
3. The Parties agree on the need for regular joint meetings between this Implementation Monitoring Committee and representatives of the NTGE, in order to assess implementation of the provisions of this Agreement and agree on recommendations for enhanced implementation.
4. The Parties also agree on the need for the UN, AU and International Community, to organize periodic donor conferences for resource mobilization for post-conflict rehabilitation and reconstruction in Eritrea.

ARTICLE XXVIII
REFUGEES AND DISPLACED PERSONS

1a. The NTGE, with the assistance of the International Community, shall design and implement a plan for the voluntary return and reintegration of Eritrean refugees and internally displaced persons, including non-combatants, in accordance with international conventions, norms and practices.

1. Refugees or internally displaced persons, desirous of returning to their original Counties or permanent residences, shall be assisted to do so.
2. The Parties commit themselves to peaceful co-existence amongst returnees and non-returnees in all Counties.

ARTICLE XXVIIII
VULNERABLE GROUPS

1a. The NTGE shall accord particular attention to the issue of the rehabilitation of vulnerable groups or war and displacement victims (children, women, the elderly and the disabled) within Eritrea, who have been severely affected by the Eritrean situation.

1. With the support of the International Community, the NTGE shall design and implement a program for the rehabilitation of such war victims.

2a. The NTGE shall, in addition, accord special attention to the issue of child combatants.

1. It shall, accordingly, mobilize resources with the assistance of the International Community, especially in cooperation with the Office of the U.N. Special Representative for Children in Armed Conflict, UNICEF, the African Committee of Experts on the Rights and Welfare of the Child and other relevant agencies, to address their special demobilization and re-integration needs.
2. The NTGE, in formulating and implementing programs for national rehabilitation, reconstruction and development, for the moral, social and physical reconstruction of Eritrea in the post-Afwerki period, shall ensure that the needs and potentials of the war victims are taken into account and that gender balance is maintained in apportioning responsibilities for program implementation.

PART TEN
IMPLEMENTATION OF THE PEACE AGREEMENT

ARTICLE XXX
RESPONSIBILITY OF THE PARTIES

1. The Parties to this Peace Agreement undertake that no effort shall be spared to effect the scrupulous respect for and implementation of the provisions contained in this Peace Agreement, to ensure the successful establishment and consolidation of lasting peace in Eritrea.
2. The Parties shall ensure that the terms of the present Peace Agreement and written orders requiring compliance, are immediately communicated to all of their forces and supporters.
3. The terms of the Agreement shall concurrently be communicated to the civilian population by radio, television, print, electronic and other media. An Implementation Timetable for the Agreement should be called and attached as Annex 3 in this document.

ARTICLE XXXI
ROLE OF THE INTERNATIONAL COMMUNITY

The Parties call on IGAD (optional), the UN, the African Union and the International Contact Group on Eritrea (ICGE), to use their good offices and best efforts to ensure that the spirit and content of this Peace Agreement are implemented in good faith and with integrity by the Parties.

ARTICLE XXXII
AMNESTY

The NTGE shall give consideration to a recommendation for general amnesty to all persons and parties engaged or involved in illegal activities during the Eritrean experience under the current regime that is the subject of this Agreement.

ARTICLE XXXIII
SPECIAL PROVISIONS

1a. In order to give effect to the agreement for the formation of a Transitional Government, the Parties agree on the need for an extra-Constitutional arrangement that will facilitate its formation and take into account the establishment and proper functioning of the entire transitional arrangement.

1. Accordingly, the provisions of the present Constitution of Eritrea, the Statutes and all other Eritrea laws, which relate to the establishment, composition and powers of the Executive, the Legislative and Judicial branches of the Government, should be suspended.
2. For the avoidance of doubt, relevant provisions of the Constitution, statutes and other laws of Eritrea which are inconsistent with the provisions of this Agreement should also be suspended.
3. All other provisions of the Constitution of Eritrea shall remain in force.
4. All suspended provisions of the Constitution, Statutes and other laws of Eritrea, affected as a result of this Agreement, shall be deemed to be restored with the inauguration of the elected Government. All legal obligations of the transitional government shall be inherited by the elected government.

PART ELEVEN

ARTICLE XXXIV
SETTLEMENT OF DISPUTES

Any dispute within the NTGE, arising out of the application or interpretation of the provisions of this Agreement shall be settled through a process of mediation to be organized by the UN, the AU and IGAD (optional) if necessary.

ARTICLE XXXV
ENTRY INTO FORCE

The present Peace Agreement shall enter into force immediately upon its signature by the Parties.

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed this Agreement.