Act of Non Aggression

  • 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 - ) )
  • 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)


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: (new-tab Locate in agreement)
    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; (new-tab Locate in agreement)

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: (new-tab Locate in agreement)
    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; (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
    Therefore, any aggression against any of the signatories shall be an aggression against the whole group. (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    During that, any adhesion to this Act shall be subject to thorough examination by a committee established ad hoc. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
    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. (new-tab Locate in agreement)
  • 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. (new-tab Locate in agreement)
  • 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]