Final statement on the Memorandum of Understanding on strengthening and maintaining peace and security along the common border between the Republic of Burundi and the Democratic Republic of the Congo

  • Country/entity
    Burundi
    Democratic Republic of Congo
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    Final statement on the Memorandum of Understanding on strengthening and maintaining peace and security along the common border between the Republic of Burundi and the Democratic Republic of the Congo
  • Date
    5 Oct 2020
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Interstate/intrastate conflict(s) ( Congo Civil Wars (1996 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Territory
  • Peace process
    DRC: Eastern DRC processes
  • Parties
    Page 2:

    (signatories) 



    For the delegation of the Democratic Republic of Congo

    S.E. Mme Marie TUMBA NZEZA

    Minister of State, Minister of Foreign Affairs



    For the delegation of the republic of Burundi

    S.E. Amb. Albert SHINGIRO

    Foreign Affairs and Development Cooperation
  • Third parties
    -
  • Description
    This is an agreement that attempts to deal with the cross-border implications of the fighting in South Kivu in DRC. Over 2019 and 2020, some Burundi military troops engaged in fighting in South Kivu, and while the agreement does not explicitly acknowledge the matter, the secondary sources suggest that this was what the cross-border provisions in this agreement were trying to regulate. This agreement aims to set up joint border patrols, support exchange of information, and support mobility and development in the border regions.


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
    Groups→Refugees/displaced persons→Substantive
    Page 2:

    16. Relaunch the Tripartite Burundi-Democratic Republic of the Congo-High Commissary for Refugees in order to, amongst other things, relocate Burundi refugee camps in accordance with regulations required by the High Commissioner for Refugees of the United Nations, and encourage their voluntary return to their respective countries.
  • 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)

    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
    Page 2:

    12. Re-launch the activities of the Mixed Technical Commission responsible for Demarcation and Materialisation of the shared border between the two countries;
  • Cross-border provision
    Page 1:

    1. Establish a Memorandum of Understanding on reinforcing and keeping Peace and Security along the shared border between the Republic of Burundi and the Democratic Republic of the Congo;  

    Page 1:

    2. Put in place an information exchange framework between the administrative authorities of the two countries at every level; 

    Page 1:

    3. Initiate regular meetings with military, police and administrative authorities in the border provinces of Burundi and those in Democratic Republic of the Congo; 

    Page 1:

    4. Put in place joint mechanisms to stabilise the Rusizi/Ruzizi plane which take into account long-term development, with the aim of making Lake Tanganyika our “mare nostrum”, our common heritage, and to make safe the space all around the borders; 

    Page 1:

    5. To restore National Route No. 5 between Bukavu-Uvira of which 10km has already been tarmacked to facilitate the flow of goods and people between Burundi and the Democratic Republic of the Congo; 

    Page 1:

    6. To ask the two countries to accelerate works on the restoration of the bridge which links Cibitoke province in Burundi and South Kivu province in the Democratic Republic of the Congo; 

    Page 1:

    7. Regulate and increase cross-border business discussions in the interest of the economies of the two countries; 

    Page 2:

    8. Put in place a joint plan to neutralize negative forces and other armed groups causing instability in our two countries, particularly in terms of organizing coordinated patrols at various points along our shared border; 

    Page 2:

    9. Build a footbridge between Gihanga and Kagina in South Kivu; 

    Page 2:

    10. Coordinate efforts to fight cross-border fraud and contraband as well as illegal trafficking of natural resources; 

    Page 2:

    11. Put in place a joint mechanism to protect the environment along the length of the shared border, particularly the banks of Lake Tanganyika and the Rusizi/Ruzizi plain; 

    Page 2:

    12. Re-launch the activities of the Mixed Technical Commission responsible for Demarcation and Materialisation of the shared border between the two countries; 

    Page 2:

    13. Encourage exchange of information and details between Defense Forces and Security Services, particularly cross-border security; 

    Page 2:

    14. Involve the Marine Forces of our two countries in the control of Lake Tanganyika through coordinated patrols, in order to prevent any activity by negative forces operating along Lake Tanganyika; 

    Page 2:

    15. Sign a Bilateral Agreement specifically relating to visits and settlement of the nationals of the two countries in both countries; 

    Page 2:

    16. Relaunch the Tripartite Burundi-Democratic Republic of the Congo-High Commissary for Refugees in order to, amongst other things, relocate Burundi refugee camps in accordance with regulations required by the High Commissioner for Refugees of the United Nations, and encourage their voluntary return to their respective countries. 

    Page 2:

    17. Charge migration services in the two countries with studying the issue of juxtaposed border crossings; 

    Page 2:

    18. Put in place a Permanent Joint Commission in charge of Political, Defense and Security issues; 

    Page 2:

    19. Harmonise and standardise tools and practices aimed at reducing the consequences of cross-border spread of illnesses through movement of people between the two countries.

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

    No specific mention.

  • 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
    Page 1:

    5. To restore National Route No. 5 between Bukavu-Uvira of which 10km has already been tarmacked to facilitate the flow of goods and people between Burundi and the Democratic Republic of the Congo; 

    6. To ask the two countries to accelerate works on the restoration of the bridge which links Cibitoke province in Burundi and South Kivu province in the Democratic Republic of the Congo; 


    Page 2:
    [...]

    9. Build a footbridge between Gihanga and Kagina in South Kivu; 

    [...]

    17. Charge migration services in the two countries with studying the issue of juxtaposed border crossings;
  • 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 1:

    4. Put in place joint mechanisms to stabilise the Rusizi/Ruzizi plane which take into account long-term development, with the aim of making Lake Tanganyika our “mare nostrum”, our common heritage, and to make safe the space all around the borders;
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 1:

    6. To ask the two countries to accelerate works on the restoration of the bridge which links Cibitoke province in Burundi and South Kivu province in the Democratic Republic of the Congo;
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business
    Page 1:

    7. Regulate and increase cross-border business discussions in the interest of the economies of the two countries;
  • 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
    Page 2:

    11. Put in place a joint mechanism to protect the environment along the length of the shared border, particularly the banks of Lake Tanganyika and the Rusizi/Ruzizi plain;

    [...]

    19. Harmonise and standardise tools and practices aimed at reducing the consequences of cross-border spread of illnesses through movement of people between the two countries.
  • Water or riparian rights or access
    Page 1:

    4. Put in place joint mechanisms to stabilise the Rusizi/Ruzizi plane which take into account long-term development, with the aim of making Lake Tanganyika our “mare nostrum”, our common heritage, and to make safe the space all around the borders; 

    [...]

    14. Involve the Marine Forces of our two countries in the control of Lake Tanganyika through coordinated patrols, in order to prevent any activity by negative forces operating along Lake Tanganyika; 

    Page 2:

    11. Put in place a joint mechanism to protect the environment along the length of the shared border, particularly the banks of Lake Tanganyika and the Rusizi/Ruzizi plain;

Security sector

  • Security Guarantees
    Page 1:

    1. Establish a Memorandum of Understanding on reinforcing and keeping Peace and Security along the shared border between the Republic of Burundi and the Democratic Republic of the Congo;  

    2. Put in place an information exchange framework between the administrative authorities of the two countries at every level; 

    3. Initiate regular meetings with military, police and administrative authorities in the border provinces of Burundi and those in Democratic Republic of the Congo; 

    4. Put in place joint mechanisms to stabilise the Rusizi/Ruzizi plane which take into account long-term development, with the aim of making Lake Tanganyika our “mare nostrum”, our common heritage, and to make safe the space all around the borders; 

    [...]

    Page 2:


    8. Put in place a joint plan to neutralize negative forces and other armed groups causing instability in our two countries, particularly in terms of organizing coordinated patrols at various points along our shared border;

    [...]

    13. Encourage exchange of information and details between Defense Forces and Security Services, particularly cross-border security;

    14. Involve the Marine Forces of our two countries in the control of Lake Tanganyika through coordinated patrols, in order to prevent any activity by negative forces operating along Lake Tanganyika;

    [...]

    18. Put in place a Permanent Joint Commission in charge of Political, Defense and Security issues;
  • 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

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime
    Page 2:

    10. Coordinate efforts to fight cross-border fraud and contraband as well as illegal trafficking of natural resources;
  • 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

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    https://reliefweb.int/sites/reliefweb.int/files/resources/S_2020_1283_E.pdf (accessed on 3/6/2022)

FINAL STATEMENT

On the invitation of the Government of the Republic of Burundi, a delegation from the Democratic Republic of the Congo travelled to Bujumbura on the 4th to 5th October 2020 as part of the Second Session of the Bilateral Ministerial Consultation on Peace and Security between the Republic of Burundi and the Democratic Republic of the Congo.

The Congolese delegation was led by Her Excellency Ms. Marie Tumba Nzeza, Minister of State and Minister of Foreign Affairs, and the Burundi delegation was led by His Excellency the Ambassador Albert Shingiro, Minister for Foreign Affairs and Cooperative Development.

Before the session began, His Excellency the Ambassador Albert Shingiro, Minister for Foreign Affairs and Cooperative Development for the Republic of Burundi welcomed the delegation from the Democratic Republic of the Congo.

In turn, Her Excellency Ms. Marie Tumba Nzeza, Minister of State and Minister of Foreign Affairs for the Democratic Republic of the Congo applauded the holding of this session which was brought about on the initiative of our two heads of state, Their Excellencies Evariste Ndayishimiye and Felix-Antoine Tshisekedi Tshilombo.

After the Second Session of Bilateral Ministerial Consultation was opened by His Excellency Ambasaddor Albert Shingiro, Minister for Foreign Affairs and Cooperative Development for the Republic of Burundi, who praised the excellent bonds of friendship and cooperation between our two countries while advocating for their reinforcement, the two delegations discussed the following points:

(1) handling of security issues on the common border between the Republic of Burundi and the Democratic Republic of the Congo, (2) the promotion of commercial exchanges between the two countries, (3) handling of the COVID-19 pandemic, (4) as well as other matters of common interest.

The session was held in the conference room of the Ministry for Foreign Affairs and Cooperative Development in Bujumbura.

After identifying the challenges facing the Republic of Burundi and the Democratic Republic of the Congo, and following productive debate, the two delegations formulated the following recommendations:

Establish a Memorandum of Understanding on reinforcing and keeping Peace and Security along the shared border between the Republic of Burundi and the Democratic Republic of the Congo;

Put in place an information exchange framework between the administrative authorities of the two countries at every level;

Initiate regular meetings with military, police and administrative authorities in the border provinces of Burundi and those in Democratic Republic of the Congo;

Put in place joint mechanisms to stabilise the Rusizi/Ruzizi plane which take into account long-term development, with the aim of making Lake Tanganyika our “mare nostrum”, our common heritage, and to make safe the space all around the borders;

To restore National Route No.

5 between Bukavu-Uvira of which 10km has already been tarmacked to facilitate the flow of goods and people between Burundi and the Democratic Republic of the Congo;

To ask the two countries to accelerate works on the restoration of the bridge which links Cibitoke province in Burundi and South Kivu province in the Democratic Republic of the Congo;

Regulate and increase cross-border business discussions in the interest of the economies of the two countries;

Put in place a joint plan to neutralize negative forces and other armed groups causing instability in our two countries, particularly in terms of organizing coordinated patrols at various points along our shared border;

Build a footbridge between Gihanga and Kagina in South Kivu;

Coordinate efforts to fight cross-border fraud and contraband as well as illegal trafficking of natural resources;

Put in place a joint mechanism to protect the environment along the length of the shared border, particularly the banks of Lake Tanganyika and the Rusizi/Ruzizi plain;

Re-launch the activities of the Mixed Technical Commission responsible for Demarcation and Materialisation of the shared border between the two countries;

Encourage exchange of information and details between Defense Forces and Security Services, particularly cross-border security;

Involve the Marine Forces of our two countries in the control of Lake Tanganyika through coordinated patrols, in order to prevent any activity by negative forces operating along Lake Tanganyika;

Sign a Bilateral Agreement specifically relating to visits and settlement of the nationals of the two countries in both countries;

Relaunch the Tripartite Burundi-Democratic Republic of the Congo-High Commissary for Refugees in order to, amongst other things, relocate Burundi refugee camps in accordance with regulations required by the High Commissioner for Refugees of the United Nations, and encourage their voluntary return to their respective countries.

Charge migration services in the two countries with studying the issue of juxtaposed border crossings;

Put in place a Permanent Joint Commission in charge of Political, Defense and Security issues;

Harmonise and standardise tools and practices aimed at reducing the consequences of cross-border spread of illnesses through movement of people between the two countries.

The Minister of State, Minister of Foreign Affairs for the Democratic Republic of the Congo, Her Excellency Ms. Marie Tumba Nzeza thanked the Burundi authorities for welcoming her delegation and for the hospitality shown to them since their arrival in the Republic of Burundi.

The delegation from the Democratic Republic of the Congo thanked the Burundi authorities for organizing the recent democratic, transparent, free and peaceful general election which took place in Burundi and for putting in place new democratic institutions.

Over the course of her visit, Ms. Marie Tumba Nzeza, Minister of State and Minister for Foreign Affairs for the Democratic Republic of the Congo was welcomed for an audience with His Excellency Mr. Evariste Ndayishimiye, President of the Republic of Burundi to bring him a message from his Congolese counterpart, His Excellency Mr. Felix-Antoine Tshisekedi Tshilombo and took advantage of this opportunity to express the Congolese government’s condolences once again following the death of His Excellency, Mr. Pierre Nkurunziza, former President of the Republic of Burundi.

Finally, Her Excellency Ms. Marie Tumba Nzeza invited her counterpart, His Excellency Ambassador Albert Shingiro, for a visit to the Democratic Republic of the Congo for the Fourth Session of the Joint High Commission on Cooperation, the date and place of which will be communicated via diplomatic channels, and he accepted.

Done in Bujumbura, on 5 October 2020

(signatories)

For the delegation of the Democratic Republic of Congo

S.E. Mme Marie TUMBA NZEZA

Minister of State, Minister of Foreign Affairs

For the delegation of the republic of Burundi

S.E. Amb.

Albert SHINGIRO

Foreign Affairs and Development Cooperation