Ordonnance N° 08/008 du 02 Fev 2008 portant organisation et fonctionnement du programme national de sécurisation, pacification, stabilisation et reconstruction des provinces du Nord-Kivu et du Sud-Kivu, dénommé « Programme Amani »
- Country/entity
-
Democratic Republic of Congo
- Region
-
Africa (excl MENA)
- Agreement name
- Ordonnance N° 08/008 du 02 Fev 2008 portant organisation et fonctionnement du programme national de sécurisation, pacification, stabilisation et reconstruction des provinces du Nord-Kivu et du Sud-Kivu, dénommé « Programme Amani »
- Date
- 2 Feb 2008
- Agreement status
- Unilateral document
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Implementation/renegotiation
- Conflict nature
- Government
- Peace process
- DRC: Eastern DRC processes
- Parties
-
Joseph KABILA KABANGE, President of the Democratic Republic of the Congo
Antoine GIZENGA, Le Premier Ministre (Prime Minister), Democratic Republic of the Congo - Third parties
- -
- Description
- This agreement is a presidential decree ordering the creation of a six-month national programme for securitisation, pacification, stabilisation and reconstruction of the Kivu provinces entitled Programme Amani.
- Agreement document
- CD_080802_Ordonnance no 08008 du 02 fevrier 2008_tr.pdf (opens in new tab) | Download PDF
- Agreement document (original language)
- CD_080202_Ordonnance no 08-008 du 02 février 2008.pdf (opens in new tab)
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
- Groups→Religious groups→SubstantivePage 5, Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary. It shall be made up of the following categories of members:
...
- two (2) representatives from religious groups; - Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
- Groups→Refugees/displaced persons→SubstantivePage 4, Article 11:
The Mixed Technical Peace and Security Commission shall include two (2) Sub-Commissions:
...
- the Humanitarian and Social Sub-Commission.
Page 4, Article 12:
...
The Humanitarian and Social Sub-Commission shall be responsible for:
- questions regarding internally displaced persons;
- questions relating to refugees.
Page 6, Article 21:
The Humanitarian and Social Technical Commission shall consist of the following cells:
- the Care of Displaced Persons Cell: made up of two (2) delegates per community (including one woman);
- the Care of Refugees Cell: made up of two delegates per community (including one woman) and representatives of the Traditional Chiefs. - Social class
No specific mention.
Gender
- Women, girls and gender
- Page 5, Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary.
It shall be made up of the following categories of members:
- two (2) representatives (including one woman) from the local community;
- two (2) representatives from religious groups;
- two (2) civilian representatives (including one woman);
- two (2) private sector representatives (including one woman).
Page 6, Article 21:
The Humanitarian and Social Technical Commission shall consist of the following cells:
- the Care of Displaced Persons Cell: made up of two (2) delegates per community (including one woman);
- the Care of Refugees Cell: made up of two delegates per community (including one woman) and representatives of the Traditional Chiefs. - Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
- Page 5, Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary.
It shall be made up of the following categories of members:
- two (2) representatives (including one woman) from the local community;
- two (2) representatives from religious groups;
- two (2) civilian representatives (including one woman);
- two (2) private sector representatives (including one woman).
Page 6, Article 20:
The Provincial Commissions in charge of implementing the “Amani Programme” shall be:
- the Security and Stabilisation Commission;
- the Development Commission;
- the Pacification Commission;
- the Humanitarian and Social Commission.
These Technical Commissions shall each have a Chairperson, assisted by a Permanent Secretary.
Apart from the Humanitarian and Social Technical Commission, the members of the provincial commissions shall be selected as follows:
- two (2) delegates from each community;
- two (2) delegates from each armed group. - Traditional/religious leaders
- Page 6, Article 21:
The Humanitarian and Social Technical Commission shall consist of the following cells:
- the Care of Displaced Persons Cell: made up of two (2) delegates per community (including one woman);
- the Care of Refugees Cell: made up of two delegates per community (including one woman) and representatives of the Traditional Chiefs. - Public administration
- Page 4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
...
- Re-establishment of State Authority (Police, Administration and Justice); - Constitution
- Governance→Constitution→Constitution affirmation/renewalPage 1, Untitled Preamble:
In light of the Constitution, particularly articles 79 and 91;
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
- Power sharing→Military power sharing→Merger of forcesPage 3-4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
...
- Specification of the itinerary for the redeployment of armed groups to the transit centres (first movement) and to the mixing and demobilisation centres (second movement), followed where necessary by training and instruction;
- Specification of the procedures for mixing taking into account the presence of foreign armed groups referred to in the Joint Nairobi Communique of 9 November 2007;
...
- Integration in the regular Armed Forces;Power sharing→Military power sharing→ProportionalityPage 4, Article 11:
The Mixed Technical Peace and Security Commission shall include two (2) Sub-Commissions:
- the Mixed Military Sub-Commission;
Page 4, Article 12:
The Mixed Military Sub-Commission, shall be responsible for:
...
- mixing;
Human rights and equality
- Human rights/RoL general
- Page 2, Article 6:
The Steering Committee shall be the deliberating organ of the “Amani Programme”.
Under the authority of the President of the Republic, the Steering Committee shall define the general direction of the Programme and ensure that it is regularly evaluated.
It shall be composed of:
...
4. Minister of Justice and Human Rights;
Page 4, Article 10:
...
- Re-establishment of State Authority (Police, Administration and Justice); - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
- Page 2, Article 6:
The Steering Committee shall be the deliberating organ of the “Amani Programme”.
Under the authority of the President of the Republic, the Steering Committee shall define the general direction of the Programme and ensure that it is regularly evaluated.
It shall be composed of:
...
4. Minister of Justice and Human Rights;
Page 4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
...
- Re-establishment of State Authority (Police, Administration and Justice); - Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
- Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction[The agreement in its entirety provides for National Programme of Security, Pacification, Stabilisation and Reconstruction of the Provinces of North Kivu and South Kivu, named the “AMANI Programme." It will put in place a Stabilisation and Reconstruction Technical Commission. The provincial commissions will include a development commission as well as a humanitarian and social commission].
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
- Page 5, Article 14:
The principle task of the Finance and Projects Technical Commission shall be to mobilise and rationally manage internal and external resources, in order to implement the general programme, and to carry out development projects in the Provinces of North Kivu and South Kivu.
Page 6, Article 25:
The resources of the “Amani Programme” shall consist of:
- subsidies from the Central Government and the Provincial Governments of North Kivu and South Kivu;
- contributions form external partners;
- donations and legacies from physical and moral persons. - Business
- Page 5, Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary.
It shall be made up of the following categories of members:
...
- two (2) private sector representatives (including one woman). - Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
- [The agreement in its entirety provides for a National Programme of Security, Pacification, Stabilisation and Reconstruction of the Provinces of North Kivu and South Kivu, named the “AMANI Programme." It will put in place a Mixed Peace and Security Technical Commission and a Pacification and Reconciliation Technical Commission.]
- Ceasefire
- Security sector→Ceasefire→General commitmentsPage 3, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
- The formal order to troops to cease hostilities across all military terrain;
- Geographic location of armed groups (exact map positions);
- Determination of disengagement and buffer zones;
- Request to deploy MONUC observers to monitor the ceasefire; - Police
- Page 4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
...
- Re-establishment of State Authority (Police, Administration and Justice); - Armed forces
No specific mention.
- DDR
- Security sector→DDR→DDR programmesPage 3-4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
- The formal order to troops to cease hostilities across all military terrain;
- Geographic location of armed groups (exact map positions);
- Determination of disengagement and buffer zones;
...
- Request to reinforce the MONUC presence for the security of civilians and for the redeployment operation of armed groups to transit centres;
...
- Specification of the itinerary for the redeployment of armed groups to the transit centres (first movement) and to the mixing and demobilisation centres (second movement), followed where necessary by training and instruction;
...
- Demobilisation and social reinsertion;
- Respect for DDR activities, leading either to mixing for purposes of integration in FARDC, or to demobilisation and reinsertion to prepare for a definitive return to civilian life, an essential stage in the peace and security process in the provinces of North Kivu and South Kivu;
- The unconditional participation, in the Province of North Kivu, of the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, the UJPS, the Mai-Mai Rwenzori, and the Simba; and in the Province of South Kivu, of the armed groups FRF, Yakutumba, Zabuloni, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai- Mai Rutambuka, in accordance with national legislation, in implementing the Armed Forces of the Democratic Republic of Congo (Forces Armées de la République Démocratique du Congo, FARDC) integration plan, and in the National Programme of Disarmament, Demobilisation and Reinsertion (Programme Nationale de Désarmament, Démobilisation et Réinsertion, PNDDR);
- Communication of lists of personnel and of weapons, and of their locations, upon signature of the present Acts of Engagement, in accordance with the timetable established by the ad hoc Commission, with the assistance of the International Community.
Page 4, Article 11:
The Mixed Technical Peace and Security Commission shall include two (2) Sub-Commissions:
- the Mixed Military Sub-Commission;
Page 4, Article 12:
The Mixed Military Sub-Commission, shall be responsible for:
- disengagement;
- mixing;
- demobilisation;
- social reinsertion.
Page 2, Article 6:
The Steering Committee shall be the deliberating organ of the “Amani Programme”.
Under the authority of the President of the Republic, the Steering Committee shall define the general direction of the Programme and ensure that it is regularly evaluated.
It shall be composed of:
...
3. Minister of National Defence and Former Combatants;
Page 3-4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
- The formal order to troops to cease hostilities across all military terrain;
...
- Determination of disengagement and buffer zones;
- Request to deploy MONUC observers to monitor the ceasefire;
...
- Specification of the procedures for mixing taking into account the presence of foreign armed groups referred to in the Joint Nairobi Communique of 9 November 2007;
...
- Integration in the regular Armed Forces;
...
- The unconditional participation, in the Province of North Kivu, of the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, the UJPS, the Mai-Mai Rwenzori, and the Simba; and in the Province of South Kivu, of the armed groups FRF, Yakutumba, Zabuloni, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai- Mai Rutambuka, in accordance with national legislation, in implementing the Armed Forces of the Democratic Republic of Congo (Forces Armées de la République Démocratique du Congo, FARDC) integration plan, and in the National Programme of Disarmament, Demobilisation and Reinsertion (Programme Nationale de Désarmament, Démobilisation et Réinsertion, PNDDR);
Page 6, Article 20:
The Provincial Commissions in charge of implementing the “Amani Programme” shall be:
- the Security and Stabilisation Commission;
- the Development Commission;
- the Pacification Commission;
- the Humanitarian and Social Commission.
These Technical Commissions shall each have a Chairperson, assisted by a Permanent Secretary.
Apart from the Humanitarian and Social Technical Commission, the members of the provincial commissions shall be selected as follows:
- two (2) delegates from each community;
- two (2) delegates from each armed group. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
- Page 2, Article 6:
The Steering Committee shall be the deliberating organ of the “Amani Programme”.
Under the authority of the President of the Republic, the Steering Committee shall define the general direction of the Programme and ensure that it is regularly evaluated.
It shall be composed of:
...
3. Minister of National Defence and Former Combatants;
Page 3, Article 9:
The Mixed Peace and Security Technical Commission shall be co-chaired by a Government delegate and a delegate of the international facilitators.
It shall be composed of:
- Government representatives;
- two CNDP delegates, one per sub-commission;
- two FRF delegates, one per sub-commission;
- one delegate each from the other armed groups signatory to the Acts of Engagement;
Page 3-4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
- The formal order to troops to cease hostilities across all military terrain;
- Geographic location of armed groups (exact map positions);
- Determination of disengagement and buffer zones;
...
- Request to reinforce the MONUC presence for the security of civilians and for the redeployment operation of armed groups to transit centres;
...
- Specification of the itinerary for the redeployment of armed groups to the transit centres (first movement) and to the mixing and demobilisation centres (second movement), followed where necessary by training and instruction;
- Specification of the procedures for mixing taking into account the presence of foreign armed groups referred to in the Joint Nairobi Communique of 9 November 2007;
- Request to deploy MONUC in all terrain occupied by :
a) In the Province of North Kivu:
the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, UJPS, the Mai-Mai Rwenzori, and the Simba.
b) In the Province of South Kivu:
the FRF, Yakutumba Group, Zabuloni Group, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai-Mai Rutambuka.
...
- Integration in the regular Armed Forces;
- Demobilisation and social reinsertion;
- Respect for DDR activities, leading either to mixing for purposes of integration in FARDC, or to demobilisation and reinsertion to prepare for a definitive return to civilian life, an essential stage in the peace and security process in the provinces of North Kivu and South Kivu;
- The unconditional participation, in the Province of North Kivu, of the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, the UJPS, the Mai-Mai Rwenzori, and the Simba; and in the Province of South Kivu, of the armed groups FRF, Yakutumba, Zabuloni, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai- Mai Rutambuka, in accordance with national legislation, in implementing the Armed Forces of the Democratic Republic of Congo (Forces Armées de la République Démocratique du Congo, FARDC) integration plan, and in the National Programme of Disarmament, Demobilisation and Reinsertion (Programme Nationale de Désarmament, Démobilisation et Réinsertion, PNDDR);
- Communication of lists of personnel and of weapons, and of their locations, upon signature of the present Acts of Engagement, in accordance with the timetable established by the ad hoc Commission, with the assistance of the International Community.
Page 4, Article 11:
The Mixed Technical Peace and Security Commission shall include two (2) Sub-Commissions:
- the Mixed Military Sub-Commission;
Page 3, Article 12:
The Mixed Military Sub-Commission, shall be responsible for:
- disengagement;
- mixing;
- demobilisation;
- social reinsertion. - Withdrawal of foreign forces
- Page 3, Article 10:
- Implementing the plan resulting from the Joint Nairobi Communique on the disarmament and repatriation of armed foreign groups; - Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
- Page 2-3, Article 8:
The Coordination Unit shall be the Executive Organ of the Programme.
As such, it shall be responsible for the ongoing management of the Programme.
It shall be chaired by a National Coordinator assisted by 4 Deputy National Coordinators, in charge respectively of a Mixed Technical Commission and the following Technical Commissions:
...
- a Pacification and Reconciliation Technical Commission;
...
Each Commission shall be assisted by a Permanent Secretary.
Page 5, Article 13:
The principle task of the Pacification and Reconciliation Technical Commission shall be to create favourable conditions for Peace and Reconciliation, to prevent, and where necessary to ensure the peaceful resolution of, conflicts between the North Kivu and South Kivu communities.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
- Page 3, Article 9:
The Mixed Peace and Security Technical Commission shall be co-chaired by a Government delegate and a delegate of the international facilitators.
It shall be composed of:
...
- one representative from each organisation of the international community signatory to the Acts of Engagement;
- one SADC representative;
- one CEEAC representative.
Page 3-4, Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
...
- Request to deploy MONUC observers to monitor the ceasefire;
...
- Request to reinforce the MONUC presence for the security of civilians and for the redeployment operation of armed groups to transit centres;
- Implementing the plan resulting from the Joint Nairobi Communique on the disarmament and repatriation of armed foreign groups;
...
- Specification of the procedures for mixing taking into account the presence of foreign armed groups referred to in the Joint Nairobi Communique of 9 November 2007;
- Request to deploy MONUC in all terrain occupied by :
a) In the Province of North Kivu:
the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, UJPS, the Mai-Mai Rwenzori, and the Simba.
b) In the Province of South Kivu:
the FRF, Yakutumba Group, Zabuloni Group, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai-Mai Rutambuka.
...
- Communication of lists of personnel and of weapons, and of their locations, upon signature of the present Acts of Engagement, in accordance with the timetable established by the ad hoc Commission, with the assistance of the International Community. - Enforcement mechanism
- Page 7, Article 26:
Any questions on the organisation and functioning of the “Amani Programme” not regulated by the present Ordinance, shall be the object of the provisions of the Internal Regulations of the Programme, approved by the Steering Committee. - Related cases
No specific mention.
- Source
- Droit Congolais: http://www.droitcongolais.info
Source agreement
Ordinance no 08/008 of February 2, 2008 on the organisation and functioning of the National Programme of Security, Pacification, Stabilisation and Reconstruction of the Provinces of North and South Kivu, named the “AMANI Programme”
The President of the Republic
In light of the Constitution, particularly articles 79 and 91;
In light of Ordinance no 07/017 of 3 May 2007, on the organisation and functioning of the Government, practical procedures for collaboration between the President of the Republic and the Government, as well as between members of the Government;
In light of Ordinance no 07/075 of 20 December 2007 on convening the Conference on Peace, Security and Development in the Provinces of North Kivu and South Kivu, as modified and completed to date;
In light of the relevant resolutions and recommendations of the Conference on Peace, Security and Development in the Provinces of North Kivu and South Kivu calling for the implementation of appropriate mechanisms for post-Conference monitoring and dialogue;
Considering the Acts of Engagement signed at Goma on 23 January 2008, in particular the provisions relevant to setting up a Mixed Technical Peace and Security Commission;
In light of the urgency and of the need;
The Council of Ministers having taken account in its deliberations of 26 January 2008, of the resolutions of the Conference on Peace, Security and Development in the Provinces of North Kivu and South Kivu, as well as the Acts of Engagement referred to above;
At the proposal of the Minister of State for the Interior, Decentralisation and Security;
ORDERS
Article 1:
A National Programme of Security, Pacification, Stabilisation and Reconstruction of the Provinces of North Kivu and South Kivu, named the “AMANI Programme”, shall be created under the authority of the President of the Republic.
The duration of the “Amani Programme” shall be six months and renewable.
Article 2:
The “Amani Programme” shall be implemented in the Provinces of North Kivu and South Kivu.
Its overall objective shall be to create the conditions needed for security, pacification and reconstruction in the Provinces of North Kivu and South Kivu.
Article 3:
The specific objective of the “Amani Programme” is to ensure the implementation of the resolutions and recommendations of the Conference on Peace, Security and Development in the Provinces of North Kivu and South Kivu as well as the Acts of Engagement signed at Goma on 23 January, 2008.
Article 4:
The “Amani Programme” shall be implemented by means of specific national and local mechanisms.
Article 5:
At the national level the “Amani Programme” shall be implemented by means of:
the Steering Committee;
the Coordination Unit;
the Consultation Framework;
Article 6:
The Steering Committee shall be the deliberating organ of the “Amani Programme”.
Under the authority of the President of the Republic, the Steering Committee shall define the general direction of the Programme and ensure that it is regularly evaluated.
It shall be composed of:
1. Minister of State for the Interior, Security and Decentralisation;
2. Minister of Foreign Affairs and International Cooperation;
3. Minister of National Defence and Former Combatants;
4. Minister of Justice and Human Rights;
5. Minister of Finance;
6. Minister of Budget;
7. Minister of Social Affairs, Humanitarian Action and National Solidarity;
8. National Coordinator of the “Amani Programme”
Article 7:
The Steering Committee shall be chaired by the Minister of State for the Interior, Decentralisation and Security.
The National Coordinator of the “Amani Programme” shall be the Permanent Secretary.
The Deputy National Coordinators shall attend meetings of the Steering Committee with no voting rights.
The Steering Committee may if needed call on any person it deems appropriate to give an opinion on an agenda item.
Article 8:
The Coordination Unit shall be the Executive Organ of the Programme.
As such, it shall be responsible for the ongoing management of the Programme.
It shall be chaired by a National Coordinator assisted by 4 Deputy National Coordinators, in charge respectively of a Mixed Technical Commission and the following Technical Commissions:
a Mixed Peace and Security Technical Commission;
a Pacification and Reconciliation Technical Commission;
a Stabilisation and Reconstruction Technical Commission;
a Finance and projects Technical Commission.
Each Commission shall be assisted by a Permanent Secretary.
Article 9:
The Mixed Peace and Security Technical Commission shall be co-chaired by a Government delegate and a delegate of the international facilitators.
It shall be composed of:
Government representatives;
two CNDP delegates, one per sub-commission;
two FRF delegates, one per sub-commission;
one delegate each from the other armed groups signatory to the Acts of Engagement;
one representative from each organisation of the international community signatory to the Acts of Engagement;
one SADC representative;
one CEEAC representative.
Article 10:
The Mixed Peace and Security Technical Commission shall be mainly responsible for examining and finalising the following points:
The formal order to troops to cease hostilities across all military terrain;
Geographic location of armed groups (exact map positions);
Determination of disengagement and buffer zones;
Request to deploy MONUC observers to monitor the ceasefire;
Request to reinforce the MONUC presence for the security of civilians and for the redeployment operation of armed groups to transit centres;
Implementing the plan resulting from the Joint Nairobi Communique on the disarmament and repatriation of armed foreign groups;
Specification of the itinerary for the redeployment of armed groups to the transit centres (first movement) and to the mixing and demobilisation centres (second movement), followed where necessary by training and instruction;
Specification of the procedures for mixing taking into account the presence of foreign armed groups referred to in the Joint Nairobi Communique of 9 November 2007;
Request to deploy MONUC in all terrain occupied by :
a) In the Province of North Kivu:
the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, UJPS, the Mai-Mai Rwenzori, and the Simba.
b) In the Province of South Kivu:
the FRF, Yakutumba Group, Zabuloni Group, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai-Mai Rutambuka.
Re-establishment of State Authority (Police, Administration and Justice);
Integration in the regular Armed Forces;
Demobilisation and social reinsertion;
Respect for DDR activities, leading either to mixing for purposes of integration in FARDC, or to demobilisation and reinsertion to prepare for a definitive return to civilian life, an essential stage in the peace and security process in the provinces of North Kivu and South Kivu;
The unconditional participation, in the Province of North Kivu, of the CNDP, the PARECO, the Mai-Mai Kasindien, the Mai-Mai Kifuafua, the Mai-Mai Vurondo, the Mai-Mai Mongol, the UJPS, the Mai-Mai Rwenzori, and the Simba;
and in the Province of South Kivu, of the armed groups FRF, Yakutumba, Zabuloni, Mai-Mai Kirikicho, PARECO/S-K, Raia Mutomboki, Mai-Mai Ny’kiriba, Mai-Mai Kapopo, Mai-Mai Mahoro, Mai-Mai Shikito, Mudundu 40, Simba Mai-Mai and Mai- Mai Rutambuka, in accordance with national legislation, in implementing the Armed Forces of the Democratic Republic of Congo (Forces Armées de la République Démocratique du Congo, FARDC) integration plan, and in the National Programme of Disarmament, Demobilisation and Reinsertion (Programme Nationale de Désarmament, Démobilisation et Réinsertion, PNDDR) ;
Communication of lists of personnel and of weapons, and of their locations, upon signature of the present Acts of Engagement, in accordance with the timetable established by the ad hoc Commission, with the assistance of the International Community.
Article 11:
The Mixed Technical Peace and Security Commission shall include two (2) Sub-Commissions:
the Mixed Military Sub-Commission;
the Humanitarian and Social Sub-Commission.
Article 12:
The Mixed Military Sub-Commission, shall be responsible for:
disengagement;
mixing;
demobilisation;
social reinsertion.
The Humanitarian and Social Sub-Commission shall be responsible for:
questions regarding internally displaced persons;
questions relating to refugees.
Article 13:
The principle task of the Pacification and Reconciliation Technical Commission shall be to create favourable conditions for Peace and Reconciliation, to prevent, and where necessary to ensure the peaceful resolution of, conflicts between the North Kivu and South Kivu communities.
Article 14:
The principle task of the Finance and Projects Technical Commission shall be to mobilise and rationally manage internal and external resources, in order to implement the general programme, and to carry out development projects in the Provinces of North Kivu and South Kivu.
Article 15:
The principle task of the Stabilisation and Reconstruction Technical Commission shall be to mobilise the human, material and technical resources needed to implement the reconstruction plans in the Provinces of North Kivu and South Kivu.
Article 16:
The Coordination Unit shall also include an Intercommunity Cohabitation Observatory and a Governance Observatory.
Article 17:
A consultation framework will enable the coordination unit to meet regularly with representatives of the Institutions of the Republic and representatives of the International Community or development partners in order to inform them of progress in the “Amani Programme”, or failing this to gather their views and to obtain the necessary resources for Programme implementation.
Article 18:
At the provincial level the “Amani Programme” shall be implemented in each of the Provinces referred to above, by:
the Provincial Management Committee;
the Provincial Commissions;
the Provincial Consultation Framework;
the Provincial Coordination of the Mixed Military Sub-Commission.
Article 19:
The Provincial Management Committee shall be chaired by the Provincial Governor seconded by the Deputy Provincial Governor, with the assistance of a Permanent Secretary.
It shall be made up of the following categories of members:
two (2) representatives (including one woman) from the local community;
two (2) representatives from religious groups;
two (2) civilian representatives (including one woman);
two (2) private sector representatives (including one woman).
Article 20:
The Provincial Commissions in charge of implementing the “Amani Programme” shall be:
the Security and Stabilisation Commission;
the Development Commission;
the Pacification Commission;
the Humanitarian and Social Commission.
These Technical Commissions shall each have a Chairperson, assisted by a Permanent Secretary.
Apart from the Humanitarian and Social Technical Commission, the members of the provincial commissions shall be selected as follows:
two (2) delegates from each community;
two (2) delegates from each armed group.
Article 21:
The Humanitarian and Social Technical Commission shall consist of the following cells:
the Care of Displaced Persons Cell:
made up of two (2) delegates per community (including one woman);
the Care of Refugees Cell:
made up of two delegates per community (including one woman) and representatives of the Traditional Chiefs.
Article 22:
The Provincial Commissions of the programme shall be responsible for implementing the decisions of the Steering Committee and the Coordination Unit in the two Provinces of North Kivu and South Kivu, under the authority of the Programme Coordination Unit, in consultation with the provincial authorities.
Article 23:
Under the Chairmanship of the Provincial Governor and his delegate, and within the Framework for Dialogue, the leaders of Provincial Institutions (Provincial Government, Provincial Assembly, Provincial Level Tribunal Courts) as well as the development partners, shall meet regularly to exchange views on the progress and implementation of the “Amani Programme” at the Provincial level.
Article 24:
The members of the different structures specified under the terms of the present Ordinance, shall be nominated by the President of the Republic.
Article 25:
The resources of the “Amani Programme” shall consist of:
subsidies from the Central Government and the Provincial Governments of North Kivu and South Kivu;
contributions form external partners;
donations and legacies from physical and moral persons.
Article 26:
Any questions on the organisation and functioning of the “Amani Programme” not regulated by the present Ordinance, shall be the object of the provisions of the Internal Regulations of the Programme, approved by the Steering Committee.
Article 27:
The Minister of State for the Interior, Decentralisation and Security, the Minister of Finance and the Minister of Budget shall each, in their areas of responsibility, be tasked with implementing the present Ordinance which enters into force from the date of signing.
Done at Kinshasa, 2 February 2008
Joseph KABILA KABANGE
Antoine GIZENGA
The Prime Minister