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

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Country/entity: Burundi
Democratic Republic of Congo
Region: 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 - )
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: 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.

Agreement document: CD_BI_201005_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.pdf (opens in new tab) | Download PDF
Agreement document (original language): CD_BI_201005_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.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: 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;

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

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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;

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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;

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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;

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

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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;

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

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

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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;

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

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

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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;

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

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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;

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

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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