Acte d'Engagement Gaborone

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Country/entity
Democratic Republic of Congo
Region
Africa (excl MENA)
Agreement name
Acte d'Engagement Gaborone
Date
24 Aug 2001
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Congo Civil Wars (1996 - ) )
Stage
Pre-negotiation/process
Conflict nature
Government
Peace process
DRC: Second Congo war process
Parties
Unsigned copy.
The parties are defined in the agreement as: The Government of the Democratic Republic of Congo, the Congo Liberation Movement (Mouvement pour la Libération du Congo, MLC), the Congolese Rally for Democracy (Rassemblement pour la Démocratie, RCD), the political opposition organisations and groups, and the “life-blood” of the nation.
Third parties
In the presence of Ketumile Masire (then President of Botswana) as the neutral facilitator of the inter-congolese political negotiations
Description
This agreement between the DRC Government, the MLC, the RCD and political opposition parties covers a range of issues including liberalisation of political life, human rights and humanitarian issues, political prisoner release and suspension of military court proceedings for civilian cases, and a range of security issues.

Agreement document
CD_010824_Acted'EngagementGaberone-tr.pdf | Download PDF
Agreement document (original language)
CD_010824_Acted'engagementGaberone.pdf | Download PDF

Groups

Children/youth
Groups→Children/youth→Substantive
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Groups→Refugees/displaced persons→Rhetorical
Page 2,
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
...
12. To ensure the return of displaced and refugee population groups to their normal places of residence;
13. To refrain from using refugees for political or military purposes, and to desist from any form of provocation during the Inter-Congolese political negotiations;
Social class
No specific mention.

Gender

Women, girls and gender
Nous…
- prenons l’engagement solennel et inconditionnel d’appliquer, sur toute l’étendue du territoire national, les dispositions ci-après :
…
(p. 2)
7. assurer la protection des populations civiles contre les rafles, les arrestations arbitraires, les réquisitions, les spoliations, les travaux forcés, les massacres, les bombardements aveugles, les tortures, les viols des femmes, les mutilations des enfants, les déportations et assurer l’arrêt définitif à la collaboration avec les forces génocidaires;

-------
Translation:

Page 2,
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
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
Page 1, Untitled Preamble:
...
- reaffirming the sovereignty, independence, territorial integrity and untouchability of a single and undivided Democratic Republic of Congo;
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
Page 1, Untitled Preamble:
...
- reaffirming the sovereignty, independence, territorial integrity and untouchability of a single and undivided Democratic Republic of Congo;
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 1-2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
1. To ensure the immediate, effective and complete liberalisation of political and community life, to refrain from any behaviour which may compromise this liberalisation, and to encourage tolerance in political and community activities;
...
3. To release immediately and unconditionally, under the auspices of the CICR and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
...
11. To guarantee access for humanitarian organisations to population victim groups;
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
Page 1, Untitled Preamble:
...
- recalling our adherence to the international conventions on human rights ratified by the Democratic Republic of Congo;
- wishing to agree a republican pact and as a token of good faith so that the Inter-Congolese political negotiations may proceed peacefully, and to demonstrate to the Congolese people and the international community our unquenchable desire to establish the Rule of Law in which fundamental liberties and human rights are respected;

Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
3. To release immediately and unconditionally, under the auspices of the CICR and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
Bill of rights/similar
No specific mention.
Treaty incorporation
Page 1, Untitled Preamble:
...
- recalling our adherence to the international conventions on human rights ratified by the Democratic Republic of Congo;
Civil and political rights
Human rights and equality→Civil and political rights→Life
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Human rights and equality→Civil and political rights→Freedom of movement
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
4. To guarantee the free movement of civilians and legitimate goods, and freedom to enter and leave the national territory, and provide migration documents to any citizen requesting these;
Human rights and equality→Civil and political rights→Freedom of association
Page 1, Article 1:
To ensure the immediate, effective and complete liberalisation of political and community life, to refrain from any behaviour which may compromise this liberalisation, and to encourage tolerance in political and community activities;
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
Rights related issues→Citizenship→Citizens, specific rights
Page 1-2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
...
4.To guarantee the free movement of civilians and legitimate goods, and freedom to enter and leave the national territory, and provide migration documents to any citizen requesting these;
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Media roles
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Rights related issues→Media and communication→Media logistics
Page 2, Article 5:
To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;
Mobility/access
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
5. To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;
....
11. To guarantee access for humanitarian organisations to population victim groups;
Protection measures
Rights related issues→Protection measures→Protection of civilians
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
Rights related issues→Protection measures→Protection of groups
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
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
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
Land, property and environment→Land reform/rights→Property return and restitution
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Land, property and environment→Cultural heritage→Tangible
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
Environment
No specific mention.
Water or riparian rights or access
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
5. To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;

Security sector

Security Guarantees
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
...
13. To refrain from using refugees for political or military purposes, and to desist from any form of provocation during the Inter-Congolese political negotiations;
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
14. To suspend the use of Military Jurisdictions for matters relating to the civilian population.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
... 6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
... 8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
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
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
3. To release immediately and unconditionally, under the auspices of the ICRC and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
Vetting
No specific mention.
Victims
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
11. To guarantee access for humanitarian organisations to population victim groups;
Missing persons
No specific mention.
Reparations
Transitional justice→Reparations→Material reparations
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
Reconciliation
Page 1, Untitled Preamble:
- aware that national reconciliation is above all the responsibility of the Congolese people and their leaders;

Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
10. To abstain from any activity which may interfere with the process of national reconciliation;

Implementation

UN signatory
No specific mention.
Other international signatory
In the presence of Ketmile Masire (former president of Botswana acc. to search) as facilitator
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 2:
To this end, in order to ensure the implementation and successful outcome of the present act of engagement, we agree to establish a Monitoring Committee in which the components are equally represented, under the authority of the Facilitator in the Inter-Congolese political negotiations.
Related cases
No specific mention.
Source
http://peacemaker.un.org/

Annex C:

ACT OF ENGAGEMENT

We, representing the components of the Inter-Congolese political negotiations, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement (Mouvement pour la Libération du Congo, MLC), the Congolese Rally for Democracy (Rassemblement pour la Démocratie, RCD), the political opposition organisations and groups, and the “life-blood” of the nation, in the presence of Sir Ketumile MASIRE, neutral facilitator in the Inter-Congolese political negotiations;

referring to the Lusaka Ceasefire Agreement signed on 10 and 30 July, and 31 August, 1999, in Lusaka, to the relevant resolutions of the United Nations Security Council on the Inter-Congolese political negotiations, and to the Declaration of Fundamental Principles signed in Lusaka on 4 May 2001 by the signatory Parties to the above Agreement;

aware that national reconciliation is above all the responsibility of the Congolese people and their leaders;

reaffirming the sovereignty, independence, territorial integrity and untouchability of a single and undivided Democratic Republic of Congo;

recalling our adherence to the international conventions on human rights ratified by the Democratic Republic of Congo;

wishing to agree a republican pact and as a token of good faith so that the Inter-Congolese political negotiations may proceed peacefully, and to demonstrate to the Congolese people and the international community our unquenchable desire to establish the Rule of Law in which fundamental liberties and human rights are respected;

solemnly and unconditionally undertake to implement throughout the national territory, the following provisions:

1. To ensure the immediate, effective and complete liberalisation of political and community life, to refrain from any behaviour which may compromise this liberalisation, and to encourage tolerance in political and community activities;

2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;

3. To release immediately and unconditionally, under the auspices of the CICR and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;

4. To guarantee the free movement of civilians and legitimate goods, and freedom to enter and leave the national territory, and provide migration documents to any citizen requesting these;

5. To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;

6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;

7. To ensure the protection of the population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;

8. To protect the nation’s heritage and resources and prevent any plundering of these resources;

9. To ensure that the provisions of the Lusaka Ceasefire Agreement are observed as well as the relevant resolutions of the United Nations Security Council in order to restore peace in DRC;

10. To abstain from any activity which may interfere with the process of national reconciliation;

11. To guarantee access for humanitarian organisations to population victim groups;

12. To ensure the return of displaced and refugee population groups to their normal places of residence;

13. To refrain from using refugees for political or military purposes, and to desist from any form of provocation during the Inter-Congolese political negotiations;

14. To suspend the use of Military Jurisdictions for matters relating to the civilian population.

To this end, in order to ensure the implementation and successful outcome of the present act of engagement, we agree to establish a Monitoring Committee in which the components are equally represented, under the authority of the Facilitator in the Inter-Congolese political negotiations.

Done at Gaborone, 24 August 2001

The members of the Inter-Congolese political negotiations