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Declaration of Murhesa II for a DDR, reintegration and community reconciliation process in South Kivu province

  • Country/entity

    Democratic Republic of Congo
  • Region

    Africa (excl MENA)
  • Agreement name

    Declaration of Murhesa II for a DDR, reintegration and community reconciliation process in South Kivu province
  • Date

    16 Sep 2020
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Congo Civil Wars (1996 - ) )
  • Stage

    Ceasefire/related
  • Conflict nature

    Government/territory
  • Peace process

    DRC: Eastern DRC processes
  • Parties

    Government Democratic Republic of Congo

    Representatives from a coalition of around 70 armed groups from South Kivu province.

    The agreement also describes those taking part in discussions as signing. The following are listed as attendees:

    - The provincial authority represented by the Minister of the Interior

    - The Commander of the 33rd Region military

    - The Commander of the Sukola II North and South Kivu operational sector

    - The provincial officer of the PNC, heads of various services, representatives of local communities, and actors from civil society.


    *Note* - Most names were illegible on document. The following is a list of some of the organisations represented that were legible:

    President of the Democratic Republic of Congo 

    APDC

    ACN/EPDC

    EPDC

    FPP

    BN-NR

    CAP/EPDC

    APCC

    Kibalo-Kyetu

    UCL

    CNL/FAP

    UVIRA

    FNLD

    MDP

    UPCB

    UCCB/BISHEMBUKE
  • Third parties

    The preamble described the meeting being held by the Minister for National Defense and states: Page 1, Preamble: ... The meeting, organised by the Interprovincial Commission for Support of the Community Awareness, Disarmament, Demobilisation and Reintegration Process (CIAP-DDRC for short), in close partnership with SFCG – Consortium Maji ya Amani, the Initiative for Cohesive Leadership (ILC) an the Association for Integrated Community Development (ADCI) was officially opened by the Minister for Defense on Monday 14 September
  • Description

    The agreement describes the discussion held in a meeting between state representative ministers and representatives of armed groups from South Kivu. The discussions led to six points of agreement with the objective of disarmament within communities, demobilization, reintegration and community reconciliation with an emphasis on armed operations ceasing and a return of displaced persons. The agreement substantively provides for the formation of an oversight committee to establish insecure zones and identify breaches of ceasefire, with parties calling for head of state to hold future dialogue. The agreement also commits the members of armed groups to work with tribes to participate in restitution to populations growing crops.


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
    Groups→Racial/ethnic/national group→Rhetorical
    Page 1,
    Because the aim of this approach mirrors the expectations of populations in the east of the DRC above and beyond just South Kivu: a national territory with regular, duly sworn forces, responsible for the safety of the territory but also public order, respect for fundamental rights of the person and citizens. By acting with unfailing impartiality, these same forces would also guarantee living space in which all tribes could feel at ease in the inter-dependence which has characterised them for centuries.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 3, First focal point:

    All armed groups in South Kivu Province agree to cease hostilities and to inform their respective members of the same. They demand that the Armed Forces for the Democratic Republic of the Congo resume their state functions, and take all necessary measures to foster an environment for rebuilding trust, by ceasing operations and ensuring the voluntary return of displaced persons.
  • 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:

    ... Because the aim of this approach mirrors the expectations of populations in the east of the DRC above and beyond just South Kivu: a national territory with regular, duly sworn forces, responsible for the safety of the territory but also public order, respect for fundamental rights of the person and citizens. By acting with unfailing impartiality, these same forces would also guarantee living space in which all tribes could feel at ease in the inter-dependence which has characterised them for centuries.
  • 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 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;

Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 4, Fourth focal point:

    The undersigned parties encourage the head of state to engage all state institutions in incorporating structures responsible for Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation (CIAP-DDRC) into institutional and budget plans, in order to facilitate the process.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;
  • 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,
    Because the aim of this approach mirrors the expectations of populations in the east of the DRC above and beyond just South Kivu: a national territory with regular, duly sworn forces, responsible for the safety of the territory but also public order, respect for fundamental rights of the person and citizens. By acting with unfailing impartiality, these same forces would also guarantee living space in which all tribes could feel at ease in the inter-dependence which has characterised them for centuries. 

    Page 3, Third focal point:

    To guide those acting on the Oversight Committees mentioned in the second focal point above, the undersigned parties agree to produce maps of insecure zones, for confidential use. These maps are intended to hold all those involved in respecting the ceasefire responsible, and to permit accurate identification of possible breaches. Because this Murhesa II process does not allow for any form of breach, particularly in terms of respecting fundamental human rights.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Life
    Page 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;
  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Property
    Page 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;

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
    Rights related issues→Protection measures→Protection of civilians
    Page 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;
  • 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

    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
    Land, property and environment→Land reform/rights→Property return and restitution
    Page 4, Fifth focal point:

    Members of armed groups and several tribes agree to make joint restitutions, as far as they are able to do so, in order to save the upcoming growing season.
  • 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
    Page 2, Preamble:

    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...] 

    3. a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 3, Second focal point:

    The undersigned parties agree to communicate on respecting the present Declaration of Murhesa II. This will be possible thanks to the creation of an informal Oversight Committee, on a sector-bysector basis, which will communicate on a weekly or even daily basis, if necessary, and by analysing methods of respecting cessation of incidents and hostilities.

    Third focal point:

    To guide those acting on the Oversight Committees mentioned in the second focal point above, the undersigned parties agree to produce maps of insecure zones, for confidential use. These maps are intended to hold all those involved in respecting the ceasefire responsible, and to permit accurate identification of possible breaches. Because this Murhesa II process does not allow for any form of breach, particularly in terms of respecting fundamental human rights.
    Security sector→Ceasefire→General commitments
    Page 3, First focal point:

    All armed groups in South Kivu Province agree to cease hostilities and to inform their respective members of the same. They demand that the Armed Forces for the Democratic Republic of the Congo resume their state functions, and take all necessary measures to foster an environment for rebuilding trust, by ceasing operations and ensuring the voluntary return of displaced persons.
  • Police

    No specific mention.

  • Armed forces
    Page 1,
    Because the aim of this approach mirrors the expectations of populations in the east of the DRC above and beyond just South Kivu: a national territory with regular, duly sworn forces, responsible for the safety of the territory but also public order, respect for fundamental rights of the person and citizens. By acting with unfailing impartiality, these same forces would also guarantee living space in which all tribes could feel at ease in the inter-dependence which has characterised them for centuries. 

    Page 3, First focal point:

    All armed groups in South Kivu Province agree to cease hostilities and to inform their respective members of the same. They demand that the Armed Forces for the Democratic Republic of the Congo resume their state functions, and take all necessary measures to foster an environment for rebuilding trust, by ceasing operations and ensuring the voluntary return of displaced persons.
  • DDR
    Security sector→DDR→DDR programmes
    Page 2, Preamble:
    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...]

    2. an effort by all militia groups which have not committed serious crimes to find a way to rebuild their lives in the bosom of society via viable and lasting reintegration pathways, with the help of public and private partners, in the Congo and abroad; 

    Page 4, Fourth focal point:

    The undersigned parties encourage the head of state to engage all state institutions in incorporating structures responsible for Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation (CIAP-DDRC) into institutional and budget plans, in order to facilitate the process.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 2, Preamble:
    In the immediate short-term, this process must be approved by signature of this Joint Declaration. This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned: 

    [...]

    2. an effort by all militia groups which have not committed serious crimes to find a way to rebuild their lives in the bosom of society via viable and lasting reintegration pathways, with the help of public and private partners, in the Congo and abroad; 

    Page 4, Fifth focal point:

    Members of armed groups and several tribes agree to make joint restitutions, as far as they are able to do so, in order to save the upcoming growing season.

    Page 4, Sixth and final focal point:

    Heads of coalitions of armed groups have expressed the desire to be able to express directly to the Head of State, in a location of his choosing, their original motivations and their desire to see the central state take issues in hand in a lasting manner.
  • Withdrawal of foreign forces

    No specific mention.

  • 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
    Transitional justice→Amnesty/pardon→Amnesty prohibition
    Page 2, Preamble:

    This attentive presence was accompanied by an extremely clear guideline, based on the refusal to grant amnesty to perpetrators of imprescriptible crimes, and an individual invitation to take part in standard selection for any candidate joining national security forces.
  • 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
    Transitional justice→Reparations→Material reparations
    Page 4, Fifth focal point:
    Members of armed groups and several tribes agree to make joint restitutions, as far as they are able to do so, in order to save the upcoming growing season.
  • Reconciliation
    Page 3, Preamble:

    ... The days were devoted to very specific topics, related to the implementation of all phases of a DDR process: Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation. Yes, reconciliation, because above and beyond simple technical considerations, this was about restoring bonds of trust destroyed by years of extreme violence and worsened by manipulation and movement of money by big players and diaspora, who fueled hatred out of self-interest, ignorance and failure to listen to local sages - these men and women, compasses of peace and social harmony, who are to be found in every tribe on the African continent.

    Page 4, Fourth focal point:

    The undersigned parties encourage the head of state to engage all state institutions in incorporating structures responsible for Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation (CIAP-DDRC) into institutional and budget plans, in order to facilitate the process.

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
    Page 3, Second focal point:

    The undersigned parties agree to communicate on respecting the present Declaration of Murhesa II. This will be possible thanks to the creation of an informal Oversight Committee, on a sector-bysector basis, which will communicate on a weekly or even daily basis, if necessary, and by analysing methods of respecting cessation of incidents and hostilities.

    Page 3, Third focal point:

    To guide those acting on the Oversight Committees mentioned in the second focal point above, the undersigned parties agree to produce maps of insecure zones, for confidential use. These maps are intended to hold all those involved in respecting the ceasefire responsible, and to permit accurate identification of possible breaches. Because this Murhesa II process does not allow for any form of breach, particularly in terms of respecting fundamental human rights.
  • Related cases

    No specific mention.

  • Source
    https://reliefweb.int/sites/reliefweb.int/files/resources/S_2020_1283_E.pdf ( pages 174-178, annex 47) Accessed on 13/6/2022

Declaration of Murhesa II for A Community Demobilisation, Disarmament, Reintegration and Reconciliation process in South Kivu province

Murhesa, 16 September 2020

A meeting was held between 14 and 16 September 2020 at the Grand Seminary of Murhesa near Bukavu (South Kivu province), held by His Excellence the Minister for National Defense, with the heads or representatives of around 70 armed groups who came from the Territories of South Kivu province.

Along with the Minister sent to Murhesa by His Excellence the President of the Republic, the following persons took part in the discussions:

the provincial authority represented by the Minister of the Interior, the Commander of the 33rd Region military, the Commander of the Sukola II North and South Kivu operational sector, the provincial officer of the PNC, heads of various services, representatives of local communities, and actors from civil society.

The meeting, organised by the Interprovincial Commission for Support of the Community Awareness, Disarmament, Demobilisation and Reintegration Process (CIAP-DDRC for short), in close partnership with SFCG – Consortium Maji ya Amani, the Initiative for Cohesive Leadership (ILC) and the Association for Integrated Community Development (ADCI) was officially opened by the Minister for Defense on Monday 14 September:

The Murhesa II talks filled in the gaps left by first Murhesa meeting in December 2019, as well as addressing certain setbacks observed after those talks due to a profusion of less ambitious and less coordinated initiatives (the COVID-19 pandemic being an additional though marginal factor);

Because the aim of this approach mirrors the expectations of populations in the east of the DRC above and beyond just South Kivu:

a national territory with regular, duly sworn forces, responsible for the safety of the territory but also public order, respect for fundamental rights of the person and citizens.

By acting with unfailing impartiality, these same forces would also guarantee living space in which all tribes could feel at ease in the inter-dependence which has characterised them for centuries.

Everybody in the room realised the historic nature of the moment, and every party, non-state armed forces as well as institutional actors, could sense the part that he played in ensuring that, this time, hopes of a return to normalcy in South Kivu province would not be

disappointed.

The goal of the Murhesa process, relaunched by the September 2020 retreat, is to initiate a community and state-level peace process in South Kivu, in spite of all its vicissitudes, and, in the same stride, in North Kivu.

In the immediate short-term, this process must be approved by signature of this Joint Declaration.

This must highlight the significant short-, medium- and long-term efforts which must be made by all parties concerned:

a sustained and joint effort to rebuild trust between communities, on one hand, and between communities and the Congolese state, on the other;

an effort by all militia groups which have not committed serious crimes to find a way to rebuild their lives in the bosom of society via viable and lasting reintegration pathways, with the help of public and private partners, in the Congo and abroad;

a major, decisive effort by security infrastructure of the Congolese state to offer humble and determined public service, in order to ensure constant and impartial protection of property, persons, and borders;

The first day marked a symbolic break:

the presence of the Minister for Defence was expressly mandated by the head of state along with heads of armed groups, at the Murhesa retreat, for the duration of the session.

This availability and opportunity to listen symbolised the State waking up to the realities of insecurity of those populations living in the east of the DRC, after decades of absence and disdain for overtures made to public powers on the topic of the lack of security and, therefore, of trust around national security forces.

Murhesa II was a moment of shared humility in the face of enormous issues with restoring public order and coexistence in South Kivu;

This attentive presence was accompanied by an extremely clear guideline, based on the refusal to grant amnesty to perpetrators of imprescriptible crimes, and an individual invitation to take part in standard selection for any candidate joining national security forces.

A starting point for participants taken from Murhesa I was no demagogy or false promises in “cohesive leadership” retreats.

Murhesa II became a new historic opportunity:

more than eight heads of armed groups and coalitions were able to explain how their choice to fight with arms should be seen less as a gesture of defiance to the State and more an act of re-equilibration in the face of a security deficit and socio-economic uncertainty.

For his part, the Minister for Defense came to pass on the head of state’s wish to embrace the challenges involved in restoring peace and an environment of trust and tolerance in the east of the DRC.

The days were devoted to very specific topics, related to the implementation of all phases of a DDR process:

Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation.

Yes, reconciliation, because above and beyond simple technical considerations, this was about restoring bonds of trust destroyed by years of extreme violence and worsened by manipulation and movement of money by big players and diaspora, who fueled hatred out of self-interest, ignorance and failure to listen to local sages - these men and women, compasses of peace and social harmony, who are to be found in every tribe on the African continent.

At the end of the three days of discussions, characterised by great honesty, all attendees solemnly adopted and co-signed the following six focal points:

First focal point

All armed groups in South Kivu Province agree to cease hostilities and to inform their respective members of the same.

They demand that the Armed Forces for the Democratic Republic of the Congo resume their state functions, and take all necessary measures to foster an environment for rebuilding trust, by ceasing operations and ensuring the voluntary return of displaced persons.

Second focal point

The undersigned parties agree to communicate on respecting the present Declaration of Murhesa II.

This will be possible thanks to the creation of an informal Oversight Committee, on a sector-by-sector basis, which will communicate on a weekly or even daily basis, if necessary, and by analysing methods of respecting cessation of incidents and hostilities.

Third focal point

To guide those acting on the Oversight Committees mentioned in the second focal point above, the undersigned parties agree to produce maps of insecure zones, for confidential use.

These maps are intended to hold all those involved in respecting the ceasefire responsible, and to permit accurate identification of possible breaches.

Because this Murhesa II process does not allow for any form of breach, particularly in terms of respecting fundamental human rights.

Fourth focal point

The undersigned parties encourage the head of state to engage all state institutions in incorporating structures responsible for Community Demobilisation, Disarmament, Reinsertion, Reintegration and Reconciliation (CIAP-DDRC) into institutional and budget plans, in order to facilitate the process.

Fifth focal point

Members of armed groups and several tribes agree to make joint restitutions, as far as they are able to do so, in order to save the upcoming growing season.

Sixth and final focal point

Heads of coalitions of armed groups have expressed the desire to be able to express directly to the Head of State, in a location of his choosing, their original motivations and their desire to see the central state take issues in hand in a lasting manner.

Done in Murhesa on 16 September 2020.

List of participant signatories

(signatories)

*Note* - Most names were illegible on document.

The following is a list of some of the organisations represented that were legible:

President of the Democratic Republic of Congo

APDC

ACN/EPDC

EPDC

FPP

BN-NR

CAP/EPDC

APCC

Kibalo-Kyetu

UCL

CNL/FAP

UVIRA

FNLD

MDP

UPCB

UCCB/BISHEMBUKE