Act of Non Aggression

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Country/entity: Democratic Republic of Congo
Region: Africa (excl MENA)
Agreement name: Act of Non Aggression
Date: 9 May 2022
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
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: Ceasefire/related
Conflict nature: Government/territory
Peace process: DRC: Eastern DRC processes
Parties: Buingo Karairi Janvier, Lt. Gen. Cmd, President of the movement, APCLS

Kapitula Balikafelie, Gen Cmd, APCLS

Jules Mulumba, President, CMCFDP

Sanctus Dominique, Mjr Gen Cmd Mvt, CMCFDP

Guidon Mwissa Sh., Gen and Cmd Mvt, NDS-R

[name illegible], P.P. [illegible handwritten text],NDC-R

Jean Marie Nyamuganya, Mjr Gen Cmd Mvt, ANCDH/AFDP

Issa Serughudo fon., President of the movement, ANCDH/AFDP
Third parties: Armed Forces of the DRC
Description: Ceasefire agreement between four armed groups in Pinga (territories of Waikale, North Kivu)

Agreement document: CD_220509_Act of Non Aggression_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): CD_220509_Act de Non Aggression.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): 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: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Article 52 of the Constitution of the Democratic Republic of Congo (RDC) from 18 February 2006, as amended in 2011, which provides for that all people of Congo have right to peace and security, as well as for a national and international plan:
Taking into consideration the Article 63 of the Constitution of the DRC which provides for that all people of Congo have both right and a sacred duty to defend their country and its territorial integrity against external threat or aggression;

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: Human rights and equality→Civil and political rights→Liberty and security of person
Article 52 of the Constitution of the Democratic Republic of Congo (RDC) from 18 February 2006, as amended in 2011, which provides for that all people of Congo have right to peace and security, as well as for a national and international plan:
Human rights and equality→Civil and political rights→Other
Taking into consideration the Article 63 of the Constitution of the DRC which provides for that all people of Congo have both right and a sacred duty to defend their country and its territorial integrity against external threat or aggression;
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: We further commit to facilitate a free circulation of people and their possessions in the territory under our control.
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: 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: No specific mention.
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: The whole signatory group shall benefit from the shared protection of all the signatories of this act.
Therefore, any aggression against any of the signatories shall be an aggression against the whole group.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
We, the patriots of (APCES, CMC/FDP, NDCR, ANCD, AFDP) declare the termination of the hostilities and all acts of violence between us, the signatories of this act of non-aggression.
As a consequence, we refrain from taking or facilitating any acts between us or against any of us which would disturb the peace and the security of our province as well as of the RDC.
On the contrary, we undertake to stop any aggressor or troublemaker who would disturb the peace in the Nord-Kivu or in RDC in general.
This peacemaking process, on which each of the signatory armed groups undertakes to take part, also implies that the government army FADRC must not be attacked as long as it respects the patriot and non-provocative conduct.
This Act of Non-Aggression remains open to any other movements of patriots who subscribe to the mechanism of the pacification process in the East of the RDC and in the country overall.
During that, any adhesion to this Act shall be subject to thorough examination by a committee established ad hoc.
In case of misunderstanding, dispute or disagreement between us, a committee subsequently established for that purpose shall decide about the question in order to achieve a positive and peaceful outcome.
Security sector→Ceasefire→General commitments
For this purpose, we swear in front of the God and the people of Congo that each of us shall respect this Act of Non-Aggression between the signatories.
Police: No specific mention.
Armed forces: Committing to the efforts of the Head of the State, the Chief Commander of the Armed Forces of the Democratic Republic of the Congo (FARDC) and of the Congolese National Police (PNC) and the guarantor of the nation determined to restore peace and security of the East of the RDC, the signatories of this act ask the Congolese government to remedy all injustices stemming from the agreement imposed to the advantage of the aggressors and to the detriments of the defending patriots.
This peacemaking process, on which each of the signatory armed groups undertakes to take part, also implies that the government army FADRC must not be attacked as long as it respects the patriot and non-provocative conduct.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: We, the patriots of (APCES, CMC/FDP, NDCR, ANCD, AFDP) declare the termination of the hostilities and all acts of violence between us, the signatories of this act of non-aggression.
This peacemaking process, on which each of the signatory armed groups undertakes to take part, also implies that the government army FADRC must not be attacked as long as it respects the patriot and non-provocative conduct.
This Act of Non-Aggression remains open to any other movements of patriots who subscribe to the mechanism of the pacification process in the East of the RDC and in the country overall.
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: 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: In case of misunderstanding, dispute or disagreement between us, a committee subsequently established for that purpose shall decide about the question in order to achieve a positive and peaceful outcome.
Related cases: No specific mention.
Source: No specific mention.

ACT OF NON_AGRESSION

Article 52 of the Constitution of the Democratic Republic of Congo (RDC) from 18 February 2006, as amended in 2011, which provides for that all people of Congo have right to peace and security, as well as for a national and international plan:

Taking into consideration the Article 63 of the Constitution of the DRC which provides for that all people of Congo have both right and a sacred duty to defend their country and its territorial integrity against external threat or aggression;

Provided that there is force in unity, but this unity has to be based on love, confidence and concordance for good of all the people of Congo.

The patriotism in whole spirit which fuels the nationalists in defending their country, and that even at the ultimate cost.

Provided that there is more to gain if we are united than if we are divided and that there is no good in being in war;

On the contrary, it took us several centuries of delays in development:

Committing to the efforts of the Head of the State, the Chief Commander of the Armed Forces of the Democratic Republic of the Congo (FARDC) and of the Congolese National Police (PNC) and the guarantor of the nation determined to restore peace and security of the East of the RDC, the signatories of this act ask the Congolese government to remedy all injustices stemming from the agreement imposed to the advantage of the aggressors and to the detriments of the defending patriots.

We, the patriots of (APCES, CMC/FDP, NDCR, ANCD, AFDP) declare the termination of the hostilities and all acts of violence between us, the signatories of this act of non-aggression.

As a consequence, we refrain from taking or facilitating any acts between us or against any of us which would disturb the peace and the security of our province as well as of the RDC.

On the contrary, we undertake to stop any aggressor or troublemaker who would disturb the peace in the Nord-Kivu or in RDC in general.

This peacemaking process, on which each of the signatory armed groups undertakes to take part, also implies that the government army FADRC must not be attacked as long as it respects the patriot and non-provocative conduct.

This Act of Non-Aggression remains open to any other movements of patriots who subscribe to the mechanism of the pacification process in the East of the RDC and in the country overall.

During that, any adhesion to this Act shall be subject to thorough examination by a committee established ad hoc.

For this purpose, we swear in front of the God and the people of Congo that each of us shall respect this Act of Non-Aggression between the signatories.

We further commit to facilitate a free circulation of people and their possessions in the territory under our control.

The whole signatory group shall benefit from the shared protection of all the signatories of this act.

Therefore, any aggression against any of the signatories shall be an aggression against the whole group.

In case of misunderstanding, dispute or disagreement between us, a committee subsequently established for that purpose shall decide about the question in order to achieve a positive and peaceful outcome.

Executed in PINGA, on 9 may 2022

Buingo Karairi Janvier, Lt.

Gen. Cmd, President of the movement APELS, [illegible signature]

Kapitula Balikafelie, Gen Cmd, [illegible signature]

Jules Mulumba, President, CMCFDP, [illegible signature]

Sanctus Dominique, Mjr Gen Cmd Mvt, [illegible signature]

Guidon Mwissa Sh.,

Gen and Cmd Mvt, NDS-R, [illegible signature]

[name illegible], P.P. [illegible handwritten text], NDC-R, [illegible signature]

J.-Marie-Bonane Njamusansm, Mjr Gen, Cmd Mvt, ANCDH/AFDP, [illegible signature]

Issa Serughudo fon.,

President of the movement, ANCDH/AFDP, [illegible signature]