Agreement Between the Governments of the Democratic Republic of the Congo and the Republic of Uganda on Withdrawal of Ugandan Troops from the Democratic Republic of the Congo, Cooperation and Normalisation of Relations Between the Two Countries (Luanda Agreement)

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Country/entity: Democratic Republic of Congo
Uganda
Region: Africa (excl MENA)
Agreement name: Agreement Between the Governments of the Democratic Republic of the Congo and the Republic of Uganda on Withdrawal of Ugandan Troops from the Democratic Republic of the Congo, Cooperation and Normalisation of Relations Between the Two Countries (Luanda Agreement)
Date: 6 Sep 2002
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Congo Civil Wars (1996 - )
The overthrow of the long-term dictator Mobutu Sese Seko by a rebel Tutsi army backed by Uganda and Rwanda in 1997 acted as a catalyst for a war with regional dimensions, mainly fought in the eastern Kivu provinces. The conflict escalated in 1998, when President Laurent Kabila, then backed by Zimbabwean and Angolan troops, ordered Rwanda and Uganda to leave. After Kabila’s assassination in 2001, his son Joseph took over the presidency and won in the 2006 democratic elections.

In the eastern provinces, Tutsi-led militias, mainly organised in the National Congress for the Defense of the People (CNDP), fought the remnants of the Rwandan Hutu force FDLR, with further involvement of Rwandan and Ugandan troops. Other regionally operating militia groups, like the Lord’s Resistance Army from Northern Uganda, the so-called Mai Mai groups or short-lived guerrilla outfits like the March 23 Movement (M23) further contributed, and still contribute, to the complexity of the situation in eastern DRC.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: DRC: Second Congo war process
Parties: FOR THE GOVERNMENT OF THE REPUBLIC OF CONGO, HE JOSPEH KABILA, PRESIDENT

FOR THE GOVERNMENT OF UGANDA, H E YOWERI K. MUSEVENI, PRESIDENT
Third parties: WITNESS
FOR THE GOVERNMENT OF THE REPUBLIC OF ANGOLA, H. E. JOSE EDUARDO DOS SANTOS PRESIDENT
Description: This agreement provides for the withdrawal of Ugandan Troops, and for agreement on a number of other issues. This is an amendment of the Luanda Agreement regarding the retreat of the Ugandan troops from RDC and the normalisation of the cooperation relations. The heads of states of RDC and Uganda agree to change the schedule for the implementation of the agreed framework for the pacification commission.

Agreement document: DRC_UG_020906_Luanda Agreement.pdf (opens in new tab) | Download PDF

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: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Preamble

The Government of the Democratic Republic of the Congo (hereinafter referred to as "the DRC") and the Government of the Republic of Uganda (hereinafter referred to as "the GOU"), both hereinafter referred to as "the Parties", under the facilitation and auspices of the Government of the Republic of Angola;

REITERATING the principles of respect for national sovereignty, territorial integrity, non-use of force against each other, peaceful resolution of conflicts, and noninterference in the internal affairs of States, guided by the United Nations and the African Union (AU) Charters;

CONSIDERING that Article 52 of the United Nations (UN) Charter provides for the pursuit of regional initiatives, with a view to uphold these principles in enhancing relations among States and the establishment of a peaceful atmosphere of security and stability along common borders;
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: Page 3, ARTICLE 3 DIPLOMATIC COOPERATION

The Parties agree to cooperate in efforts to restore full diplomatic relations.

ARTICLE 4
LEGAL RELATIONS
The Parties agree to find a mutually acceptable formula of resolving any existing or arising legal issues between them.

Page 3, ARTICLE 7 CONFLICT RESOLUTION
The Parties agree to resolve any future differences between them through dialogue and any other peaceful means.

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 2, ARTICLE 1 WITHDRAWAL OF UGANDAN TROOPS

...

3. The Parties agree to put in place, with the assistance of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC), a Joint Pacification Committee on Ituri consisting of the Parties, political, military, economic and social forces active in the Bunia area, and the inhabitant grassroots communities. In addition thereto, Uganda re-affirms her readiness to withdraw her troops from Bunia as stipulated in Annex "A".
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: No specific mention.
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: No specific mention.
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→Socio-economic development
Page 3, ARTICLE 6 SOCIAL/ECONOMIC COOPERATION

The Parties agree to re-establish the Joint Ministerial Commission for cooperation in the various areas, including trade and investment, infrastructure, transport, communications and cultural exchange.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
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: Land, property and environment→Cultural heritage→Promotion
Page 3, ARTICLE 6 SOCIAL/ECONOMIC COOPERATION
The Parties agree to re-establish the Joint Ministerial Commission for cooperation in the various areas, including trade and investment, infrastructure, transport, communications and cultural exchange.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, PREAMBLE

CONSIDERING that Article 52 of the United Nations (UN) Charter provides for the pursuit of regional initiatives, with a view to uphold these principles in enhancing relations among States and the establishment of a peaceful atmosphere of security and stability along common borders;

CONSCIOUS of the potential their joint action can contribute towards removing obstacles to the full normalisation of relations between the two countries;

CONVINCED that peace, security and stability of the Parties constitute essential factors for their development;

Page 3, ARTICLE 5 DEFENCE AND SECURITY COOPERATION

The Parties agree to cooperate in the areas of defence and security including training, coordinated border patrols, exchange of intelligence and liaison work.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 2, ARTICLE 1 WITHDRAWAL OF UGANDAN TROOPS:

1. The GOU commits itself to the continued withdrawal of its forces from the DRC in accordance with the Implementation Plan marked Annex "A" and attached
hereto.
2. The GOU has unilaterally and unconditionally issued orders to her troops in Gbadolite, Beni and their vicinities to immediately withdraw from DRC.
3. The Parties agree to put in place, with the assistance of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC), a Joint Pacification Committee on Ituri consisting of the Parties, political, military, economic and social forces active in the Bunia area, and the inhabitant grassroots communities. In addition thereto, Uganda re-affirms her readiness to withdraw her troops from Bunia as stipulated in Annex "A".
4. The Parties agree that the Ugandan troops shall remain on the slopes of Mt. Ruwenzori until the Parties put in place security mechanisms guaranteeing
Uganda's security, including training and coordinated patrol of the common border.
5. The DRC and the GOU undertake to keep the Government of the Republic of Angola informed on the progress of the withdrawal of Ugandan troops.

Page 2, ARTICLE 2 SECURITY CONCERNS

In order to respect national sovereignty, territorial integrity, political independence as well as international borders, the parties agree as follows:

1. To work towards the restoration of the dignity and sovereignty of the DRC as well as address Uganda's security concerns.
2. To refrain from all types of military and logistical support including the provision of bases and sanctuary to the armed groups, inter-ethnic militia, subversive organisations and all rebel movements against the interests of the Parties.
3. To work closely together in order to expedite the pacification of the DRC territories currently under the Uganda control and the normalisation of the situation along the common border.
4. To exchange intelligence on all matters of security interest among them.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Article 1. Parties agree to put in place, with MONUC assistance, a Joint Pacification Committee on Ituri consisting of the Parties, political, military, economic, economic and social forces active in the Bunia area, and the inhabitant grassroots communities; Article 6. Parties agree to reestablish Joint Ministerial Commission for cooperation in the various socio-economic areas, including trade and investment, transport, communications and cultural exchange;

Page 3, ARTICLE 8 IMPLEMENTATION/REVIEW MECHANISM

1. The Parties will, among others, implement this Agreement as stipulated in Annex "A".
2. The Parties in collaboration with the Republic of Angola, agree to have regular reviews for the effective implementation of this Agreement.

Page 4. ARTICLE 10 COMMENCEMENT

This Agreement shall come into force upon signature.

Page 5-6, "ANNEX A PLAN FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE GOVERNMENTS OF THE DEMOCRATIC REPUBLIC OF CONGO AND THE REPUBLIC OF UGANDA ON THE WITHDRAWAL OF UGANDAN TROOPS FROM THE DEMOCRATIC REPUBLIC OF
CONGO, COOPERATION AND NORMALISATION OF RELATIONS BETWEEN THE TWO COUNTRIES", includes a detailed plan of the implementation of the agreement. It specifies the date for, 'event', and actors responsible for the implemenetation.
Related cases: No specific mention.
Source: https://www.usip.org/

AGREEMENT BETWEEN THE GOVERNMENTS OF THE DEMOCRATIC REPUBLIC OF THE CONGO AND THE REPUBLIC OF UGANDA ON WITHDRAWAL OF UGANDAN TROOPS FROM THE DEMOCRATIC REPUBLIC OF THE CONGO, COOPERATION AND NORMALISATION OF RELATIONS BETWEEN TWO COUNTRIES

PREAMBLE

The Government of the Democratic Republic of the Congo (hereinafter referred to as

"the DRC") and the Government of the Republic of Uganda (hereinafter referred to as

"the GOU"), both hereinafter referred to as "the Parties", under the facilitation and

auspices of the Government of the Republic of Angola;

REITERATING the principles of respect for national sovereignty, territorial integrity,

non-use of force against each other, peaceful resolution of conflicts, and noninterference

in the internal affairs of States, guided by the United Nations and the

African Union (AU) Charters;

CONSIDERING that Article 52 of the United Nations (UN) Charter provides for the

pursuit of regional initiatives, with a view to uphold these principles in enhancing

relations among States and the establishment of a peaceful atmosphere of security

and stability along common borders;

REAFFIRMING all pertinent resolutions of the United Nations Security Council on the

DRC.

CONSCIOUS of the need to give impetus to the stalled implementation of the Lusaka

Cease-fire Agreement;

FURTHER CONSIDERING the need to normalise relations, build confidence and bring

about good neighbourliness in order to contribute to the speedy pacification of Central

Africa and the Great Lakes Region and put an end to insecurity and instability;

CONSCIOUS of the potential their joint action can contribute towards removing

obstacles to the full normalisation of relations between the two countries;

CONVINCED that peace, security and stability of the Parties constitute essential

factors for their development;

Hereby agree as follows:

ARTICLE 1

WITHDRAWAL OF UGANDAN TROOPS

1. The GOU commits itself to the continued withdrawal of its forces from the DRC

in accordance with the Implementation Plan marked Annex "A" and attached

hereto.

2. The GOU has unilaterally and unconditionally issued orders to her troops in

Gbadolite, Beni and their vicinities to immediately withdraw from DRC.

3. The Parties agree to put in place, with the assistance of the United Nations

Organisation Mission in the Democratic Republic of the Congo (MONUC), a

Joint Pacification Committee on Ituri consisting of the Parties, political, military,

economic and social forces active in the Bunia area, and the inhabitant

grassroots communities.

In addition thereto, Uganda re-affirms her readiness to

withdraw her troops from Bunia as stipulated in Annex "A".

4. The Parties agree that the Ugandan troops shall remain on the slopes of Mt.

Ruwenzori until the Parties put in place security mechanisms guaranteeing

Uganda's security, including training and coordinated patrol of the common

border.

5. The DRC and the GOU undertake to keep the Government of the Republic of

Angola informed on the progress of the withdrawal of Ugandan troops.

ARTICLE 2

SECURITY CONCERNS

In order to respect national sovereignty, territorial integrity, political independence as

well as international borders, the parties agree as follows:

1. To work towards the restoration of the dignity and sovereignty of the DRC as

well as address Uganda's security concerns.

2. To refrain from all types of military and logistical support including the provision

of bases and sanctuary to the armed groups, inter-ethnic militia, subversive

organisations and all rebel movements against the interests of the Parties.

3. To work closely together in order to expedite the pacification of the DRC

territories currently under the Uganda control and the normalisation of the

situation along the common border.

4. To exchange intelligence on all matters of security interest among them.

ARTICLE 3

DIPLOMATIC COOPERATION

The Parties agree to cooperate in efforts to restore full diplomatic relations.

ARTICLE 4

LEGAL RELATIONS

The Parties agree to find a mutually acceptable formula of resolving any existing or

arising legal issues between them.

ARTICLE 5

DEFENCE AND SECURITY COOPERATION

The Parties agree to cooperate in the areas of defence and security including training,

coordinated border patrols, exchange of intelligence and liaison work.

ARTICLE 6

SOCIAL/ECONOMIC COOPERATION

The Parties agree to re-establish the Joint Ministerial Commission for cooperation in

the various areas, including trade and investment, infrastructure, transport,

communications and cultural exchange.

ARTICLE 7

CONFLICT RESOLUTION

The Parties agree to resolve any future differences between them through dialogue

and any other peaceful means.

ARTICLE 8

IMPLEMENTATION/REVIEW MECHANISM

1. The Parties will, among others, implement this Agreement as stipulated in

Annex "A".

2. The Parties in collaboration with the Republic of Angola, agree to have regular

reviews for the effective implementation of this Agreement.

ARTICLE 9

AMENDMENTS

This Agreement may be amended by the mutual written consent of the Parties.

ARTICLE 10

COMMENCEMENT

This Agreement shall come into force upon signature.

In witness whereof, the Parties have signed this Agreement in the Portuguese, English

and French languages, all texts being equally authentic.

DONE AT LUANDA, ANGOLA, THIS SIXTH DAY OF SEPTEMBER 2002

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE DEMOCRATIC THE REPUBLIC OF UGANDA

REPUBLIC OF THE CONGO:

........................................................ ..........................................................

HE JOSPEH KABILA H E YOWERI K. MUSEVENI

PRESIDENT PRESIDENT

WITNESS

FOR THE GOVERNMENT OF THE

REPUBLIC OF ANGOLA

..........................................................................

H. E. JOSE EDUARDO DOS SANTOS

PRESIDENT

ANNEX A

PLAN FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN

THE GOVERNMENTS OF THE DEMOCRATIC REPUBLIC OF CONGO

AND THE REPUBLIC OF UGANDA ON THE WITHDRAWAL OF

UGANDAN TROOPS FROM THE DEMOCRATIC REPUBLIC OF

CONGO, COOPERATION AND NORMALISATION OF RELATIONS

BETWEEN THE TWO COUNTRIES

DATE EVENTS RESPONSIBILITIES

D Day Signing of the agreement DRC, Uganda, Angola

D + 5 days Completion of Ugandan troops Uganda

withdrawal from Beni and Gbadolite

D +7 days Experts meet to work out mechanisms DRC, Uganda

for securing the western slopes of

Mt Ruwenzori

D +10 days Meeting of technical teams for the DRC, Uganda, MONUC

constitution of the Ituri Pacification

Committee (IPC)

D +14 days Meeting of Joint Technical Committee DRC, Uganda

on resolution of legal issues

D +14 days Meeting of technical teams in DRC, Uganda

Kinshasa on the opening of the

Uganda Embassy in DRC

D +20 days Inauguration of IPC in Bunia DRC, Uganda, MONUC

D +30 days The IPC starts work DRC, Uganda, MONUC

D +30 days Meeting of technical teams on DRC, Uganda

defence and security cooperation

D +40 days Decision on a mechanism to IPC

maintain law and order in Ituri

D +45 days Establishment of Administrative IPC

authority in Ituri

D +50 days Detailed Withdraw Plan of Uganda

Ugandan troops from Bunia

D +70 days Beginning of withdrawal of Uganda