• Country/entity

  Democratic Republic of Congo
  

• Region

  Africa (excl MENA)
  

• Agreement name

  Intercongolese Negotiations: The Final Act ('The Sun City Agreement')

• Date

  2 Apr 2003

• Agreement status

  Multiparty signed/agreed

• Interim arrangement

  Yes

• Agreement/conflict level

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

• Stage

  Framework/substantive - comprehensive

• Conflict nature

  Government

• Peace process

  DRC: Second Congo war process

• Parties

  For the Government of the Democratic Republic of Congo
  Léonard She Okitundu
  
  For the Congolese Rally for Democracy
  Adolphe Onusumba Yemba
  
  For the Movement of Liberation of Congo
  Jean-Pierre Bemba Gombo
  
  For the Congolese Rally for Democracy/Movement of Liberation
  1. Koloso Sumaili
  2. Tibasima Mbongemu Ateenyi
  3. Wamba Dia Wamba
  
  For the Congolese Rally for Democracy/National
  Roger Lumbala
  
  For the Mai Mai
  Anselme Enerunga
  
  For the Forces Vives of the Nation
  1. Dr Rev Jean Luc Kuye Ndondo Wa Mutemera
  2. Philippe Dinzolele Nzambi
  3. Pierre Anatole Matusila
  4. Bahati Lukwebo
  5. Gertrude Biyaya Ndaya Kazadi
  
  For the Unarmed Political Opposition
  CODEP Raymond Tshibanda
  COPACO - Christophe Tshimanga
  COPOC - Bembe M Bathy
  CPR/AL - Alphonse Lupumba
  DFC - Venant Tshipasa Vangi Sivavi
  EGO - Arthur Z’Ahidi Ngoma
  FCI - Nicolas Georges Badingaka Mobiani
  FONUS - Joseph Olengankoy
  FPC - Aziz Kumbi
  FRUONAR - Cyprien Rwakabuba Shinga
  FSD - Eugéne Diomi Ndongala
  G14 - Kabamba Mbebwe, Kumbu Ki Lutete
  GNPO - Denis Katalay
  MNC/L - Francois Lumumba
  MPI - Justin-Marie Bomboko Lokumba
  MPR-Fait Privé - Catherine Nzuzi wa Mbombo
  MSDD - Christophe Lutundula
  PALU - Antoine Gizenga
  PDSC - André Bo-Boliko
  RMI - Franck Diongo
  ROC - Ingele Ifoto
  ROM - Patrice-Aimé Sesanga
  UDPS - Etienne Tshisekedi
  UNAFEC - Honorius Kisimba Ngoy
  UODC - Binda Phumu
  
  For the External Political Opposition
  1. Gerard Kamanda wa Kamanda
  2. Alafuele Kalala
  3. Francois Tshipamba Mpuila
  4. W’Otete Otete Omanga
  5. O. Muyima

• Third parties

  Witness The Facilitator Sir Ketumile Masire For the African Union H.E. Mr Thabo Mbeki Chairman of the African Union For the United Nations H.E. Moustapha Niasse Special Envoy of the Secretary-General on the Inter-Congolese Dialogue

• Description

  Parties accept as binding the 36 resolutions adopted by the Inter-Congolese Dialogue (listed in annex 1), the Global and Inclusive Agmt signed in Pretoria (2002), and the Constitution of the Transition (April 1, 2003).

• Agreement document

  DRC_030402_SunCityAgreement.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Final Act

INTER-CONGOLESE POLITICAL NEGOTIATIONS

THE FINAL ACT

We, participants at the Inter-Congolese Dialogue, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy, the Movement for the Liberation of Congo, the main organisations and parties of the political opposition as well as representatives of the forces vives of the Country, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for Democracy-National and the Mai-Mai, hereinafter referred to as “the Parties”, meeting at Sun City, Republic of South Africa, on 2 April 2003.

CONSIDERING our shared commitment to peace and national unity, as prerequisites for the development of our country and the well-being of our people;

CONVINCED of the imperative need to pursue the course of reconciliation as the surest path to a definitive end to the fratricidal conflicts that have for so long ravaged our country, and inflicted untold suffering on our people;

RESOLVED to work together towards the establishment of a new political dispensation that would protect the inalienable rights of the citizens and generally promote democratic governance;

DETERMINED to set up and run transitional institutions on the principles of consensual management, inclusiveness and transparency;

CONVINCED of the imperative need for this process to culminate in free, democratic and transparent elections;

RECALLING the LUSAKA Agreement for a ceasefire in the Democratic Republic of Congo, signed in Lusaka on 10 July, 30 July and 31 August 1999;

RECALLING the Declaration of Fundamental Principles signed in Lusaka on 4 May 2001, by the Parties to the aforementioned Agreement;

RECALLING the Act of Commitment signed in Gaborone on 24 August 2001 by the representatives of the components and entities to the Inter-Congolese Political Negotiations;

CONSIDERING the various relevant Resolutions adopted by the UN Security Council;

IN THE PRESENCE of representatives of the international community and Observers at the Inter-Congolese Dialogue;

DO HEREBY RESOLVE AND COMMIT OURSELVES, by signing the present Final Act, to be bound by the decisions of the Inter-Congolese Dialogue, as detailed in Article 1 below.

1

ARTICLE 1

The Parties accept as binding the following instruments which faithfully reflect the outcome of the political negotiation process instituted in terms of the above-cited Lusaka Agreement:

The 36 Resolutions duly adopted by the Inter-Congolese Dialogue, as set down in the Schedule annexed to the present Final Act.

The Global and Inclusive Agreement signed in Pretoria on 17 December 2002, together with the Additional Memorandum on the Army and Security, signed in Pretoria on 6 March 2003.

The Constitution of the Transition adopted at Sun City on 1 April 2003.

ARTICLE 2

The Parties commit themselves to refrain from any act or conduct contrary to the provisions of the Lusaka Agreement and of the instruments mentioned in Article 1 above, and to spare no effort in ensuring that the said provisions are respected and implemented in their letter and spirit.

In that regard, the Parties further commit themselves to the earliest possible installation of the Transitional Government and other institutions, as envisaged in the said Global and Inclusive Agreement.

ARTICLE 3

The Parties express their deep appreciation for the persistent efforts of the international community in assisting in the return of peace and stability in the Democratic Republic of Congo.

They acknowledge the special contributions made by the UN, the AU and the SADC countries.

They salute Sir Ketumile Masire, the Neutral Facilitator of the Dialogue, for his wise guidance of the negotiations process, his devotion to the mission assigned to him and his tenacity of purpose.

They acknowledge, with gratitude and appreciation, the special contribution of His Excellency Mr Thabo Mbeki and the Government of the Republic of South Africa, as well as of the Secretary-General of the United Nations, His Excellency Mr Kofi Annan and his Special Envoy, His Excellency Mr Moustapha Niasse.

2

ARTICLE 4

This Final Act shall enter into force on the date of signature by the Parties.

Signed in Sun City on 2 April 2003.

3

ANNEX 1

ADOPTED RESOLUTIONS BY THE INTER-CONGOLESE DIALOGUE

Resolution No:

DIC/CPJ/01

Relating to the endorsement of the Global and Inclusive Agreement.

Resolution No:

DIC/CPJ/02

Relating to the adoption of the Transitional Constitution.

Resolution No:

DIC/CPJ/03

Relating to the enshrinement of democratic principles.

Resolution No:

DIC/CPJ/04

Relating to the effective and complete liberalisation of political life and association.

Resolution No:

DIC/CPJ/05

Relating to the free movement of people and goods throughout the national territory of the DRC as well as the restoration of transport links.

Resolution No:

DIC/CPJ/06

Relating to the abolition of special courts and the reform of military justice.

Resolution No:

DIC/CPJ/07

Relating to the reinstatement and rehabilitation of magistrates dismissed or forced into early retirement.

Resolution No:

DIC/CPJ/08

Relating to the rehabilitation of workers arbitrarily dismissed.

Resolution No:

DIC/CPJ/09

Relating to the Independent Electoral Commission.

Resolution No:

DIC/CPJ/10

Relating to the support of the international community.

Resolution No:

DIC/CDS/01

4

Relating to mechanisms for the consolidation of peace.

Resolution No:

DIC/CDS/02

Relating to the disarmament of armed groups and the withdrawal of foreign forces.

Resolution No:

DIC/CDS/03

Relating to the identification of nationals who shall constitute the Army;

demobilisation and reintegration of child soldiers and vulnerable persons;

recruitment with a view to integrating military and paramilitary groups into the National Army and Police.

Resolution No:

DIC/CDS/04

Relating to the formation of the new restructured and integrated army.

Resolution No:

DIC/DSC/05

Relating to sanctions against parties acting in bad faith.

Resolution No:

DIC/CEF/01

Relating to the costs of the two wars, 1996 and 1998.

Resolution No:

DIC/CEF/02

Resolution on the restitution of property taken and/or confiscated from individuals and of plundered state property.

Resolution No:

ICD/CEF/03

Relating to disputes over the reconstruction of the environment destroyed by war.

Resolution No:

ICD/CEF/04

Resolution calling for scrutiny to determine the validity of economic and financial agreements signed during the war.

Resolution No:

ICD/CEF/05

Relating to emergency economic and social programme.

Resolution No:

ICD/CHSC/01

Relating to the Emergency Programme in different social sectors.

Resolution No:

ICD/CHSC/02

5

Relating to

Resolution Relating to

Resolution

Relating to by the war.

Resolution Relating to

Resolution Relating to

Resolution Relating to

Resolution Relating to

Resolution Relating to

Resolution Relating to

the Emergency Humanitarian Programme for the DRC.

No: ICD/CHSC/03

the Emergency Programme for the environment in the DRC.

No:

ICD/CHSC/04

the reconstruction of Kisangani and all the other towns destroyed

No: ICD/CHSC/05

the reconstruction of the town of Goma.

No: ICD/CHSC/06

culture and inte-rethnic coexistence in the DRC.

No: ICD/CHSC/07

the ethics and the fight against corruption.

No: ICD/CHSC/08

the National Monitoring Body for Human Rights.

No: ICD/CHSC/09

the media sector.

No: ICD/CPR/01

6

the restitution of property taken and/or confiscated from individuals and property stolen from the state.

Resolution No:

ICD/CPR/02

Relating to the protection of minorities.

Resolution No:

ICD/CPR/03

Relating to the problem of nationality with regard to national reconciliation.

Resolution No:

ICD/CPR/04

Relating to the institution of a Truth and Reconciliation Commission.

Resolution No:

ICD/CPR/05

Relating to the establishment of an International Criminal Court.

Resolution No:

ICD/CPR/06

Relating to the peace and security in the DRC and in the Great Lakes region.

Resolution No:

ICD/CPR/07

Relating to the organisation of an international conference on peace, security and development in the Great Lakes region and Central Africa.

7

For the Government of the Democratic Republic of Congo

Léonard She Okitundu

For the Congolese Rally for Democracy

Adolphe Onusumba Yemba

For the Movement of Liberation of Congo

Jean-Pierre Bemba Gombo

For the Congolese Rally for Democracy/Movement of Liberation

Koloso Sumaili

Tibasima Mbongemu Ateenyi

Wamba Dia Wamba

For the Congolese Rally for Democracy/National

Roger Lumbala

For the Mai Mai

Anselme Enerunga

For the Forces Vives of the Nation

Dr Rev Jean Luc Kuye Ndondo Wa Mutemera

Philippe Dinzolele Nzambi

Pierre Anatole Matusila

Bahati Lukwebo

Gertrude Biyaya Ndaya Kazadi

For the Unarmed Political Opposition

CODEP Raymond Tshibanda

8

COPACO COPOC CPR/AL DFC EGO

FCI FONUS FPC FRUONAR FSD

G14

GNPO

MNC/L

MPI

MPR-Fait Privé MSDD

PALU PDSC RMI ROC ROM UDPS UNAFEC UODC

Christophe Tshimanga Bembe M Bathy

Alphonse Lupumba

Venant Tshipasa Vangi Sivavi Arthur Z’Ahidi Ngoma

Nicolas Georges Badingaka Mobiani Joseph Olengankoy

Aziz Kumbi

Cyprien Rwakabuba Shinga Eugéne Diomi Ndongala

Kabamba Mbebwe

Kumbu Ki Lutete

Denis Katalay

Francois Lumumba

Justin-Marie Bomboko Lokumba Catherine Nzuzi wa Mbombo Christophe Lutundula

Antoine Gizenga

André Bo-Boliko Franck Diongo

Ingele Ifoto Patrice-Aimé Sesanga Etienne Tshisekedi Honorius Kisimba Ngoy Binda Phumu

9

For the External Political Opposition

Gerard Kamanda wa Kamanda

Alafuele Kalala

Francois Tshipamba Mpuila

W’Otete Otete Omanga

O. Muyima

Witness

The Facilitator

Sir Ketumile Masire

For the African Union

H.E. Mr Thabo Mbeki Chairman of the African Union

For the United Nations

H.E. Moustapha Niasse

Special Envoy of the Secretary-General on the Inter-Congolese Dialogue

10

RESOLUTIONS

1. Resolution No DIC/CPJ/01

RELATING TO THE GLOBAL AND INCLUSIVE AGREEMENT ON THE TRANSITION IN THE DRC, SIGNED IN PRETORIA ON 17 DECEMBER 2992, AND THE MEMORANDUM ADDITIONAL THERETO SIGNED ON 6 MARCH 2003

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement for the Liberation of Congo (MLC), the main groups and organisations of Political Opposition and the Force Vives of the Nation, the Congolese Rally for Democracy – Liberation Movement (RCD/MLC), the Congolese Rally for Democracy/National (RCD/N) and the Mai Mai, meeting at Sun City, Republic of South Africa, from 1 to 2 April 2003;

CONSIDERING the Agreement for a Ceasefire in the DRC, signed on 10 July, 30 July and 31 August 1999;

RECALLING the Declaration of the Fundamental Principles of the Inter-Congolese Political Negotiations signed at Lusaka on 4 May 2001, by the parties signatory to the Agreement mentioned above;

RECALLING the Gaborone Act of Commitment signed by the representatives of the components at the Inter-Congolese Political Negotiations on 24 August 2001;

CONSIDERING the imperative need to found the Transitional Government for the DRC on the basis of consensus, with due regard for the principles of inclusivity and democratic governance, as prerequisites for lasting peace, the successful reunification of the country and national reconstruction;

CONSIDERING the successive rounds of negotiations held in Pretoria, Republic of South Africa, in the search for agreement on the structure of the transitional institutions as well as on a formula for sharing responsibilities in the management of the transition;

ALIVE to the legitimate aspirations of the Congolese people;

COGNISANT of the abiding concern shown by the international community, in

particular the UN and the AU, for the early return to normality in the DRC;

CONSIDERING the relevant resolutions adopted by the UN Security Council;

11

ENDORSE AND RATIFY the Global and Inclusive Agreement on the Transition in the DRC, signed in Pretoria, Republic of South Africa, on 17 December 2002, and the Additional Memorandum on the Army and Security, signed in Pretoria on 6 March 2002.

REQUEST the transitional institutions to ensure the full and faithful implementation of the said Global and Inclusive Agreement on the Transition in the DRC, as well as the Additional Memorandum on the Army and Security.

CALL ON the international community to maintain its interest and support by accompanying the efforts of the Transitional Government authorities and the people of the DRC in order to ensure the consolidation of peace and stability in the DRC.

Done at Sun City on the First day of April 2003 The Inter-Congolese Dialogue

12

2. Resolution No:

DIC/CPJ/02

RELATING TO THE AOPTION OF THE TRANSITIONAL CONSTITUTION FOR

THE DRC

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement for the Liberation of Congo (MLC), the main groups and organisations of Political Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy – Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), and the Mai Mai, meeting at Sun City, Republic of South Africa, from 1 and 2 April 2003;

CONSIDERING the Agreement for a Ceasefire in the DRC, signed on 10 July, 30 July and 31 August 1999;

RECALLING the Declaration of the Fundamental Principles of the Inter-Congolese Political Negotiations signed at Lusaka on 4 May 2001, by the parties signatory to the Agreement mentioned above;

RECALLING the Gaborone Act of Commitment signed by the representatives of the components at the Inter-Congolese Political Negotiations on 24 August 2001;

CONSIDERING the imperative need to found the Transitional Government for the DRC on the basis of the rule of law and the principles of democratic governance, as prerequisites for lasting peace and the successful reunification of the country;

CONSIDERING the successive rounds of negotiations held in Pretoria, South Africa, in the search for agreement on the constitutional framework to best reflect the above stated values;

REASSURED that the same fundamental principles, as laid down in the Lusaka Agreement of 1999 as well as in the Global and Inclusive Agreement on Transition signed in Pretoria on 17 December 2002, regarding inclusive transitional institutional arrangements for ensuring peace and reconciliation in the DRC, are duly reflected in the constitutional settlement agreed;

ALIVE to the legitimate aspirations of the Congolese people;

COGNISANT of the abiding concern shown by the international community, in

particular the UN and the AU, for the early return of normality in the DRC;

CONSIDERING the relevant resolutions adopted by the UN Security Council;

ADOPT the draft Constitution of the Transition in the Democratic Republic of Condo.

SOLEMNLY ENJOIN all those to be called upon to assume responsibilities for the functioning of the transitional institutions in the DRC to ensure scrupulous respect for the letter and spirit of this Constitution, in order to safeguard peace and guarantee a

13

successful transition to serve as foundation for a new democratic dispensation in the country.

CALL ON the international community to maintain its interest and support by accompanying the efforts of the transitional government authorities and the people of the DRC for the consolidation of peace and stability in the DRC.

Done at Sun City on the First day of April 2003 The Inter-Congolese Dialogue

14

3. Resolution No:

DIC/CPJ/03

15

RELATING TO THE ENSHRINEMENT OF DEMOCRATIC PRINCIPLES

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 18 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement signed on 10 July, 30 July and 31 August 1999;

especially Article 3 (19) and Chapter V of its Annex A instituting a framework for political negotiations called the Inter-Congolese Dialogue (ICD);

REAFFIRMING our adherence to the Universal Declaration of Human Rights and to the provisions of the African Charter on Human and People’s rights;

RECALLING our adherence to the Declaration of Commitment signed in Gaborone on 24 August 2001, with special reference to Articles 4 and 5 relating to the freedom of movement of persons and property throughout the national territory and to the re- establishment of communication channels;

CONSIDERING the need to build a real democracy in the Congo and system of rule of law, based on the principle of the separation of powers and the balance between institutions, as well as adherence to the Constitution and the law;

CONSIDERING that democracy implies mainly, within a sovereign nation, the participation of the people in the exercise of power in a system of political pluralism, transparency in the management of public affairs, good governance, control and, where applicable, appropriate sanctions by an independent body;

RESOLVE AS FOLLOWS:

The Democratic Republic of Congo is a truly democratic State, based on the sovereignty of the people, the respect for human rights and freedoms, equality of citizens, political pluralism and supremacy of the law.

Public affairs are conducted according to the principles of transparency and good governance, implying the need for control and, where applicable, sanctions exercised by an independent body.

No person may accede to or maintain power through force or the use of arms.

All access to power must be organised through democratic means.

Done at Sun City, April 2002

The Inter-Congolese Dialogue

16

4. Resolution No:

DIC/CPJ/04

RELATING TO THE EFFECTIVE AND COMPLETE LIBERALISATION OF

POLITICAL LIFE AND ASSOCIATION

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 18 April 2002;

CONSIDERING the Agreement for a ceasefire in the Democratic Republic of Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

especially Article 3 (19) and Chapter V of its Annex A instituting a framework for political negotiations called the Inter-Congolese Dialogue (ICD);

CONSIDERING that one of the objectives of the inter-Congolese political negotiations is the establishment of a new political dispensation in the DRC based on democracy, peace and freedom;

GIVEN our adherence to the Declaration of Commitment signed in Gaborone on 24 August 2001, with special reference to Articles 4 and 5 relating to the freedom of movement of persons and property throughout the national territory and to the re- establishment of communication channels;

CONSIDERING that democracy implies, among others, the effective participation of organisations and of political and social groupings in the development of civic awareness, the expression of the will of the people and the realisation of the common well-being;

DEPLORING the repression of political and social acts in the DRC;

TASK

the Transitional Government resulting form the Inter-Congolese Dialogue with ensuring the effective and total liberalisation of political life, as well as the freedom of association throughout the national territory;

the Transitional Parliament with developing new legislation to that effect;

URGE the Transitional Institutions

a. to abstain from any behaviour likely to hamper the said liberalisation;

17

b. to promote tolerance in the exercise of political activities.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

18

5. Resolution No:

DIC/CPJ/05

19

RELATING TO THE FREE MOVEMENT OF PERSONS AND THEIR PROPERTY THROUGHOUT THE NATIONAL TERRITORY, AS WELL AS THE RESTORATION OF COMMUNICATION LINKS

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex 3, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

REAFFIRMING our adherence to the Declaration of Commitment signed at Gaborone on 24 August 2001, in particular Articles 4 and 5 thereof, relating to free circulation and their goods throughout the national territory, and the restoration of communication links;

REAFFIRMING our desire to consolidate the sovereignty, independence and territorial integrity of the Democratic Republic of Congo;

REAFFIRMING the need to guarantee the freedoms and fundamental rights of citizens specially regarding the freedom of movement and communication;

DECIDE

To guarantee the free movement of persons and property throughout the national territory of the Democratic Republic of Congo.

To re-establish air, rail, river, lake, road, telephonic and postal communication links throughout the Democratic Republic of Congo.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

6. Resolution No:

DIC/CPJ/06

RELATING TO THE ABOLITION OF SPECIAL COURTS AND THE REFORM OF

MILITATRY JUSTICE

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex A, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

CONSIDERING the need to establish the rule of law in the DRC, with legal judicial institutions to guarantee and respect fundamental human rights, especially as concerns the right to defence and the principle of double degree of jurisdiction;

REAFFIRMING the Declaration of Commitment signed at Gaborone on 24 August 2001, in particular Articles 4 and 5 relating to free movement of individuals and their goods throughout the national territory, and the restoration of communication links;

CONSIDERING that in a democratic State, special courts must not be created;

DEPLORING the abuse perpetrated by the special courts during the war in DRC;

DECIDE

The abolition of special courts, especially military courts, throughout the national territory;

The reform of military courts, especially in that they must no longer have the authority to judge civilians and must guarantee the right to appeal and the right to defence of the individuals under their jurisdiction in accordance with the relevant provisions to international legal instruments ratified by the DRC;

The establishment of legal channels providing for the review, at the request of injured parties, of the rulings of these said special courts.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

20

7. Resolution No:

DIC/CPJ/07

RELATING TO THE REINSTATEMENT OF REHABILITATION OF MAGISTRATES

DISMISSED OR FORCED INTO EARLY RETIREMENT

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex A, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

REAFFIRMING our unflinching commitment to the Universal Declaration of Human Rights, the African Charter of Human People’s Rights, the International Convention on Civil and Political Rights, duly ratified by the Democratic Republic of Congo;

REAFFIRMING moreover, the necessity to reflect the principle of separation of powers and the need to consolidate the independence of the judiciary;

CONSIDERING that following decree No 144 of 6 November 1999, 315 magistrates were dismissed, and following these measures, other groups of magistrates were forced into early retirement, in violation of the relevant clauses of the Ordinance relating to the status of magistrates, with particular reference to the attributions of the Higher Council of the Magistrature;

CALL UPON THE TRANSITION GOVERNMENT

To take all the necessary steps to rehabilitate and reinstate civil and military magistrates that have been collectively dismissed or forced into early retirement;

To examine the cases of the affected magistrates, individually and with due care, in order to be able to make appropriate rulings in accordance with the law.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

21

8. Resolution No:

DIC/CPJ/08

RELATING TO THE REHABILITATION OF WORKERS ARBITRARILY

DISMISSED

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex A, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

CONSIDERING the Universal Declaration of Human Rights, which gives every individual the right to gainful employment;

CONSIDERING that by virtue of Article 58 of the Congolese Labour Code, the opinion, race and sex of a worker cannot constitute valid grounds for dismissal;

CONSIDERING that the Congolese Labour Code, especially Article 228, prohibits harm to be caused to a worker as a result of his participation in union activities;

CONSIDERING the relevant recommendations of the National Conference of Human Rights;

CONSIDERING that the workers of certain public and private enterprises such as:

the National Electricity Company (SNEL), REGIDESO, the civil service (education, army) the Congolese Control Office (OCC), the National Insurance Company (SONAS), Gécamines, Petro Congo, ONATRA, Commercial Bank of Congo, have been dismissed without regard for the relevant laws in force;

DEMAND the reinstatement of the rights of affected workers and management staff after individual assessment of each case by competent bodies.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

22

9. Resolution No:

DIC/CPJ/09

RELATING TO THE INDEPENDENT ELECTORAL COMMISSION

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex A, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

RECALLING our adherence to the Declaration of Commitment signed in Gaborone on 24 August 2011, by the representatives of the components at the Inter-Congolese Political Negotiations;

RECALLING our adherence to the Universal Declaration of Human Rights and to the provisions of the African Charter of Human and People’s rights;

CONSIDERING that elections are an essential stage in the democratisation process because, through a secret and egalitarian vote, they enable the free expression of the will of a people;

CONSIDERING that a sincere and legitimate electoral process constitutes the cornerstone of a true democracy;

CONSIDERING that the power of the State in our country has suffered, since its accession to independence, from successive legitimacy crises;

CONSIDERING that the establishment of new democratic institutions, in the spirit of the new political dispensation resulting from the Inter-Congolese Dialogue at Sun City, requires the organisation of free, transparent and legitimate elections as a means of participating in the running of the State;

CONCERNED by the need to endow the Democratic Republic of Congo with democratically elected leaders at the end of the transition period, with a view to ending the legitimacy crisis from which our country has been suffering since its accession to independence;

CONSIDERING the need to set up a national independent institution to be tasked with bringing the electoral process to a successful conclusion;

DECIDE on the creation of a National Independent Electoral Commission whose organisation, operation and status will be fixed by law.

23

THIS COMMISSION WILL HAVE THE FOLLOWING MANDATE:

To organise the constitutional referendum.

To prepare and organise, in collaboration with the appropriate State institutions, the general elections by proceeding, among others, with the following:

the identification and census of nationals;

the civic education campaign;

the formulation of rules of electoral ethics;

the drawing up of electoral lists;

the setting up of voters’ rolls;

the monitoring of the voting proceedings;

the counting of ballots.

The members of the Commission must satisfy the following criteria:

experience and competence;

views of ethnicity;

objectivity;

sense of responsibility;

impartiality.

The Parties to the Inter-Congolese Political Negotiations will have equal representation on the National Independent Electoral Commission.

The announcement of the election results as well as electoral disputes are entrusted to the Supreme Court of Justice.

Done at Sun City on the Eighteenth day of April 2002 The Inter-Congolese Dialogue

24

10. Resolution No:

DIC/CPJ/10

RELATING TO THE SUPPORT OF THE INTERNATIONAL COMMUNITY

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 18 April 2002;

CONSIDERING the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 3 (19) and Chapter V of Annex A, providing for a framework for political negotiations named Inter-Congolese Dialogue (ICD);

CONSIDERING the provisions of Article 3 in the UN Charter and those of the Charter of the OAU which, among others, guarantee all member States their right to sovereignty and to territorial integrity;

REAFFIRMING our adherence to Resolution AHG/16/1 adopted by the OAU Heads of State and Government Conference in Cairo, Egypt, 1964 on territorial integrity and the inviolability of national borders as inherited at the time of independence;

STRESSING the need to ensure respect for the principles of good neighbourliness and non-interference in the internal affairs of other States;

CONCERNED by the negative consequences of the conflicts in the Great Lakes region and their ramifications and effects on the countries of the sub-region;

MINDFUL of the fact that the resolution of the security problems of the Democratic Republic of Congo will have a positive influence on the neighbouring countries and that it will contribute to consolidating the peace process in all these countries;

RECOGNISING that the conflict in the Democratic Republic of Congo has both internal and external dimensions that will only be finally solved by taking into account the various security concerns of all the countries in Central, East and Southern Africa by which the Democratic Republic of Congo is geographically surrounded;

CONSIDERING that the crisis in the Democratic Republic of Congo constitutes a threat to international peace and security;

CONSIDERING that the resolution of this crisis requires the support of the international community;

SALUTING the efforts deployed by the external partners, in particular:

1.

The United Nations.

25

The African Union;

The European Union;

SADC;

ECCAS;

Zambia;

The Republic of South Africa.

CONSIDERING the need to involve international witnesses in the effective implementation of resolutions to come out of the Sun City Inter-Congolese Dialogue, with a view to ensuring a successful outcome;

REQUEST

That the International Community, with the support of the UN and within the framework of MONUC, lend its active support to rendering secure the transitional institutions resulting from the ICD and to effectively applying the provisions of Chapter 8.2.2 of Annex A of the Lusaka Agreement, especially regarding the neutralisation and the repatriation of the negative armed forces operating within the territory of the DRC.

The continuation of actions and initiatives in favour of a return to peace and national reconciliation in the DRC.

The involvement of international witnesses, notably the UN, the AU, the EU, the SADC, the ECCAS, Zambia and the Republic of South Africa, especially in the implementation of resolutions coming out of the Inter-Congolese Dialogue at Sun City.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

11. Resolution No:

DIC/CDS/01

RELATING TO MECHANISMS FOR THE CONSOLIDATION OF PEACE

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

26

groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

RECALLING the Lusaka Agreement for a Ceasefire in the Democratic Republic of Congo;

RECALLING the Declaration of Fundamental Principles of the Inter-Congolese political negotiations signed in Lusaka on 4 May 2001;

REAFFIRMING the principle of inviolability of the frontiers inherited from colonisation, as recognised by the Charter of the OAU;

RECALLING relevant resolutions of the UN Security Council;

CONVINCED that peace and security in the Great Lakes region constitute determining factors for sustainable peace and development in the Democratic Republic of Congo;

CONSIDERING that, for each State within the region, security and stability are a prerequisite for the enjoyment of peaceful existence within national borders;

RECALLING the resolution of the Inter-Congolese Dialogue on peace and security in the Democratic Republic of Congo and in the Great Lakes region;

RECOMMEND

That the transitional political authorities, to emerge from the Inter-Congolese Dialogue, should take all appropriate measures that should lead to the signature, as soon as possible, of a peace agreement involving the belligerent countries, to be guaranteed by the UN, the AU, the EU and the SADC.

That the transitional political authorities to emerge from the Inter-Congolese Dialogue should take the initiative to reformulate the request for the organisation of an International Conference on peace, security, stability and development of the Great Lakes region and Central Africa, under the auspices of the UN, the AU, the SADC and the EU.

Done at Sun City on the Seventeenth day of April 2002 The Inter-Congolese Dialogue

27

12. Resolution No:

DIC/CDS/02

RELATING TO THE DISARMAMENT OF ARMED GROUPS AND WITHDRAWAL

OF FOREIGN FORCES

WE, Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement and stressing that the Ceasefire has, in a broad sense, been respected since January 2001;

NOTING the delay in the disarmament of the armed groups and withdrawal of foreign forces in relation to the timetable prescribed in the Lusaka Ceasefire Agreement;

CONSIDERING also that the Inter-Congolese Dialogue is an essential element of the peace process for the Democratic Republic of Congo;

REFERRING to the relevant resolutions of the UN Security Council, the AU Charter and to the Act of Commitment signed by all the parties in Gaborone on 24 August 2001, in so far as they affirm the integrity and sovereignty of the Democratic Republic of Congo;

ALIVE to the security concerns of the countries neighbouring the DRC;

URGE AND DEMAND

The pursuit and intensification of the voluntary disarmament of armed groups in accordance with the Lusaka Agreement.

The immediate departure of all armed groups from the territory of the Democratic Republic of Congo.

Resort to coercive measures, where due note is taken of the failure of voluntary disarmament, to compel the armed groups to leave the territory of the Congo, through:

the use by the DRC, of resources to be provided by the Transitional Government to emerge from the Dialogue, and

calling of the UN to apply Chapter VII of its Charter.

Immediate pursuit of the orderly withdrawal of all foreign forces from the territory to the DRC, in accordance with the Lusaka Ceasefire Agreement and

28

the resolutions of the Security Council, using an accelerated timetable to be drawn on the basis of the withdrawal plans approved by the 10th Political Committee meeting in Lusaka in May 2001.

Done at Sun City, on the Twenty-fifth day of March 2002 The Inter-Congolese Dialogue

29

13. Resolution No:

DIC/CDS/03

30

RELATING TO THE IDENTIFICATION OF NATIONALS WHO SHALL CONSTITUTE THE ARMY;

DEMOBILISATION AND REINTEGRATION OF CHILD SOLDIERS AND VULNERABLE PERSONS;

RECRUITMENT WITH A VIEW TO INTEGRATING MILITARY AND PARAMILITRY GROUPS INTO THE NATIONAL ARMY AND POLICE

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

RECALLING the Lusaka Agreement for a Ceasefire in the Democratic Republic of Congo;

RECALLING relevant resolutions of the UN Security Council;

RECALLING the Convention on the Rights of the Child, adopted by the UN General

Assembly, in its Resolution 44/25 dated 20 November 1989;

COGNISANT of the fact that conscription of children into the army and their involvement in war is a serious violation of the Rights of the Child;

CONSIDERING the need to protect vulnerable persons affected by demobilisation and reintegration measures;

CONSIDERING that the reintegration of child soldiers and vulnerable persons, in tandem with their demobilisation, constitutes a guarantee for national peace;

CONVINCED that the task of defending territorial integrity can only be achieved by an army protected from all forms of foreign influence and constituted by nationals who are conscious of their sacred duty towards the nation;

CONSIDERING that peace and security in the Democratic Republic of Congo also require the integration of military and paramilitary groups into the army and the territorial police;

ANXIOUS to ensure, in an irreversible manner, peace, security, national unity and reconciliation;

AGREE ON THE FOLLOWING:

1. The mechanism to be instituted at the close of the Inter-Congolese Dialogue for the formation of the new army shall be responsible for:

identification of nationals who shall constitute the new army;

demobilisation and reintegration of child soldiers and vulnerable persons in collaboration with the appropriate organisations;

recruitment, with a view to integrating military and paramilitary groups into the army and national police.

Done at Sun City on the Seventeenth day of April 2002 The Inter-Congolese Dialogue

31

14. Resolution No:

DIC/CDS/04

RELATING TO THE FORMATION OF THE NEW CONGOLESE ARMY

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

RECALLING the Lusaka Agreement for a Ceasefire in the Democratic Republic of Congo;

RECALLING relevant resolutions of the UN Security Council;

ANXIOUS to ensure peace, national unity and reconciliation on an irreversible basis

in the DRC;

COGNISANT of the fact that the DRC needs a national army capable of defending the integrity of its territory, of ensuring the stability of democratically established institutions, and the security of individuals and property;

CONSIDERING that, by virtue of its national, republican and non-political character, the army is the very symbol of national unity and guarantor of republican values;

AGREE ON THE FOLLOWING:

At the close of the Inter-Congolese Dialogue, a mechanism will be put in place for the formation of a restructured and integrated National Army, to include the Armed Forces of the Government of the Democratic Republic of Cong, the Armed Forces of the Congolese Rally for Democracy and the Armed Forces of the Movement for the Liberation of Congo, in accordance with point 20 of article 3 of the principles of the Lusaka Agreement.

This mechanism for the formation of the New Congolese Army will include officers of the Armed Forces of the Government of the Democratic Republic of Congo, officers of the Armed Forces of the Congolese Rally for Democracy and officers of the Armed Forces of the Movement for the Liberation of Congo.

In the interest of peace, unity and national reconciliation, the above- mentioned mechanism should also include the RDC/ML, the RCD/N and the Mai Mai, in accordance with terms to be defined by the transitional political institutions emerging from the Inter-Congolese Dialogue.

The mechanism will be placed under the authority of the transitional political institutions to emerge from the Inter-Congolese Dialogue.

32

Done at Sun City on the Eighteenth day of April 2002 The Inter-Congolese Dialogue

33

15. Resolution No:

DIC/CDS/05

ON SANCTIONS AGAINST PARTIES ACTING IN BAD FAITH

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

RECALLING the Lusaka Agreement for a Ceasefire in the Democratic Republic of Congo;

RECALLING pertinent resolutions of the UN Security Council;

RECALLING the Declaration of Fundamental Principles of the Inter-Congolese

political negotiations, signed in Lusaka on 4 May 2001;

CONSIDERING the mandatory and binding character of resolutions to be adopted, by consensus, at the Inter-Congolese Dialogue;

COGNISANT of the need to ensure a successful conclusion of the Inter-Congolese Dialogue and implementation of its resolutions;

COGNISANT, further, of the need to provide sanctions against parties acting in bad faith;

ANXIOUS to ensure, in an irreversible manner, peace, security, national unity and reconciliation in the Democratic Republic of the Congo;

AGREE ON THE FOLLOWING:

The Parties at the Inter-Congolese political negotiations commit themselves to

duly execute the resolutions of the Inter-Congolese Dialogue.

The constitutional charter, for the transition, should duly provide for a body to be entrusted with the follow-up of the resolutions of the Inter-Congolese Dialogue.

Pending the entry into force of transitional institutions, a follow-up committee for the implementation of the resolutions shall be set up at the close of the Inter-Congolese Dialogue.

Such a constitutional body shall be vested with powers to apply such sanctions as shall be provided for against parties acting in bad faith.

34

We invite the UN, OAU, SADC and the European Union to accord the necessary assistance to the transitional institutions in order to ensure the successful execution of the resolutions of the Inter-Congolese Dialogue.

We request the States involved in the Congolese crisis to facilitate the successful execution of the resolutions of the Inter-Congolese Dialogue.

Failing which, the transitional political authorities may request the Security Council to apply the measures provided for in Chapter 7 of the UN Charter.

Done at Sun City on the Seventeenth day of April 2002 The Inter-Congolese Dialogue

35

16. Resolution No:

DIC/CEF/01

RELATING TO THE COSTS OF THE TWO WARS:

1996 – 1998

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Agreement for a Ceasefire in the Democratic Republic of Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999, and relevant UN Security Council resolutions relative the Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles of the Inter-Congolese Political Negotiations signed at Lusaka on 4 May 2001, by the signatory parties to the Agreement cited above, the Gaborone Declaration of Commitment signed by the representatives of the components at the Inter-Congolese Political Negotiations on 24 August 2001;

CONSIDERING the Rules of Procedure for the Inter-Congolese Political Negotiations signed on 8 March 2002 at Sun City, in particular article 10, relating to the organisation of the Commissions;

CONSIDERING that the war has entailed an economic and financial cost;

CONSIDERING also that as a result of the two wars, the Congolese state has

suffered tremendous damage requiring reparation;

NOTING that the present forum of the Inter-Congolese Political Negotiations has neither the means nor the time to examine this issue to the extent that its importance would require;

AWARE that the assessment of the commitments and the damages as well as their reparation require appropriate and in-depth expertise;

RECOMMEND the examination of the point relating to the costs of the two wars, of 1996/97 and 1998, as set down at item 7(d) of the Agenda of the Inter-Congolese Political Negotiations, by the Special Commission of the transitional Parliament tasked with verifying the validity of signed contracts of economic and financial nature.

IN fulfilling its mandate, the Special Commission will adhere to the following terms of reference:

1. ensuring publicity to raise public awareness about the creation of the Commission;

36

ensuring that petitions by claimants are lodged with the ad hoc Commission of the transitional Parliament within the stipulated time;

establishing an extensive inventory of financial commitments entered into by parties during the wars;

assessing the material, financial, economic and human consequences of the war;

submitting compensation and reparation proposals in favour of legal entities, as well as proposals for relevant rules of procedure (modalities);

envisaging possible resources to the expertise of the UN organisation for objective assessment, apportioning of responsibility and defining the reparation modalities.

REQUEST that possible reparations, indemnities and payments either by or to the Public Treasury should the period extending beyond the transition.

IN any event, debts created thus be given priority treatment over other admitted debts, either in the form of ordinary internal debt commitments, or commitments falling within the context of Paris and London Club arrangements.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

37

17. Resolution No:

DIC/CEF/02

ON THE RESTITUTION OF PROPERTY TAKEN AND/OR CONFISCATED FROM

INDIVIDUALS AND OF PLUNDERED STATE PROPERTY

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement in the Democratic Republic of Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999 as well as relevant UN Security Council resolutions relative to the Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May 2001, by the signatory parties to the Agreement cited above, the Gaborone Declaration of Commitment signed by representatives of the components to the Inter-Congolese Political Negotiations on 24 August 2001;

CONSIDERING the Rules of Procedure for the Intern-Congolese Political Negotiations signed on 8 March 2002 in Sun City, with special reference to Article 10, providing for the setting up of Commissions;

RECALLING the final communiqué of the preparatory meeting of the National Dialogue which, in Point 3.6, recommends the restitution of all property unlawfully seized and confiscated from individuals and plundered state property;

CONSIDERING the need to restore the rule of law in the Democratic Republic of Congo;

CONSIDERING the need to reinstate the state as well as individuals in their rights;

RECOMMEND that the Transitional Executive:

accelerate the restitution of property unlawfully seized and/or confiscated from individuals, in accordance with the Declaration of Commitment signed in Gaborone on 24 August 2001;

proceed with the recovery of state property despoiled by legal entities.

REQUEST the Courts and Tribunals to take cognisance of all cases which have become contentious and as a result been brought before them by parties.

38

RESOLVE to entrust the Transitional Parliament with the task of defining the principles to guide the settlement of disputes over property unlawfully seized and/or confiscated from individuals as well as despoiled state property.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

39

18. Resolution No:

DIC/CEF/03

RELATING TO DISPUTES OVER THE RECONSTRUCTION OF THE

ENVIRONMENT DESTROYED BY WAR

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Agreement for a Ceasefire in the Democratic Republic of Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999, and relevant UN Security Council resolutions relative to the Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles of the Inter-Congolese Political Negotiations signed at Lusaka on 4 May 2001, by the signatory parties to the above-cited Agreement, and the Gaborone Declaration of Commitment signed by representatives of the components to the Inter-Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure for the Inter-Congolese Political Negotiations signed on 8 March 2002 at Sun City, in particular article 10, providing for the setting up of Commissions;

CONSIDERING the damage caused to the ecosystems and to the living environment in the Democratic Republic of Congo by the massive presence of Rwandan refugees in 1994, as well as the wars of 1996-97 and 1998, in particular:

the deforestation linked to overexploitation;

the excessive exploitation and exportation of medicinal plants;

the extermination and illegal exportation of rare species;

desertification, erosion and landslides resulting from the deforestation mentioned above;

the destruction, occupation and illegal exploitation of national parks, reserves and other protected sites;

the presence of anti-personnel mines in certain areas;

the destruction of habitat and infrastructures;

CONSIDERING the dispute over the economic, financial and social consequences of the destruction of the environment in the Democratic Republic of Congo;

40

CONVINCED of the need for fair and equitable reparation for the restoration of a healthy environment for the benefit of both the Congolese people and humanity;

REQUEST AND RECOMMEND

1. The establishment of a special ad hoc Commission of Inquiry within the transitional Parliament, if necessary with the participation of national and international experts, with a view to identifying destroyed sites, assessing the extent of the damage, apportioning responsibility, identifying perpetrators and victims and determining the nature and level of compensation and reparation.

2 The period of the Enquiry should not exceed six months.

3. The recognition by the international community of the state of destruction of the environment in the Democratic Republic of Congo as a disaster of world- wide proportions.

Done at Sun City, April 2002 The Inter-Congolese Dialogue

41

19. Resolution No:

DIC/CEF/04

CALLING FOR SCRUTINY TO DETERMINE THE VALIDITY OF ECONOMIC AND

FINANCIAL AGREEMENTS SIGNED DURING THE WAR

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main groupings and organisations of the Opposition and the Forces Vives of the Nation, the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Ceasefire Agreement in the Democratic Republic of Congo signed in Lusaka on 10 July, 30 July and 31 August 1999, the various relevant resolutions of the UN Security Council concerning the Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed in Lusaka on 4 May 2001 by the signatory parties to the above-cited Agreement, and the Gaborone Declaration of Commitment signed by the representatives of the components to the Inter-Congolese Political Negotiations on 24 August 2001;

CONSIDERING the Rules of Procedure of the Inter-Congolese Political Negotiations

signed on 8 March 2002 at Sun City, with special reference to Article 10 providing for

the setting up of Commissions;

CONSIDERING that peace and security are indisputable prerequisites for initiating a

policy of development, and the revival of stable and prosperous economic activity in

our country;

OBSERVING that since 1996, the Congolese parties to the Lusaka Agreement have

had, for reasons imposed by the war, to sign agreements or exploitation contracts, to

conclude joint ventures with States and/or with private legal entities based in such

states;

OBSERVING furthermore, that, for the same reasons, management arrangements

with economic and financial implications have been put in place;

CONSIDERING that these agreements, contracts and management arrangements

gave rise to contractual obligations at leadership level of the Congolese contracting

parties;

AWARE that it is imperative to submit these obligations to careful scrutiny in order to

safeguard the higher interests of the Congolese people;

43

REQUEST AND RECOMMEND

1. The setting up, by the Transitional Parliament, within the shortest possible

time, of a special Commission tasked with assessing the validity of

agreements of an economic and financial nature concluded during the wars of

1996 - 97 and 1998.

2. Taking into account the complexity and importance of the subject matter, the

Commission will, under the authority of the Parliament, be essentially

assigned the following as mission:

a. to draw up an inventory of all the agreements signed during the two

wars;

b. to scrutinise the agreements;

c. to assess their financial impact;

d. to confirm or reject the agreements.

3. The Commission will operate according to rules of procedure to be laid down,

for the purpose, by the Transitional Parliament.

4. In scrutinising the agreements, the Commission will be guided by the following

principles:

a. respect for the sovereignty and the territorial integrity of the Democratic

Republic of Congo;

b. respect for legal and regulatory texts governing the various sectors;

c. respect for the powers to be vested in the members of the

Commission;

d. rejecting of the practice of illicit enrichment;

e. cognisance of reports of UN expert groups on the illegal exploitation of

natural resources and other forms of wealth in the Democratic Republic

of Congo;

f. cognisance of the impact on the population;

g. duty of transparency in the procedures for concluding the said

agreements;

h. timely lodging by petitioners of agreements and other arrangements.

5. The special Commission will propose appropriate measures concerning the

compensation for any loss suffered by the Congolese State or Congolese

44

nationals as a result of these agreements, contracts or management

arrangements.

NOTICE IS HEREBY TAKEN OF:

1. the declaration by the Movement for the Liberation of Congo to the effect that

it has signed no convention of economic or financial nature;

2. the declaration of the Congolese Rally for Democracy National (RCD/N) to the

effect that it has signed no convention of economic or financial nature;

3. the declaration of the Congolese Rally for Democracy Movement for

Liberation (RCD/ML) to the effect that it has signed a Letter of Intent , with

stipulated conditions precedent, with the First International Bank of Grenada,

Limited, entitled “Agreement for Humanitarian and Economic Development

Aid for the Congo”.

The actual contract was not executed, and that

furthermore arrangements of economic and financial nature found in place

and deemed illicit have been annulled.

Done at Sun City, April 2002

The Inter-Congolese Dialogue

45

20. Resolution No:

DIC/CEF/05

RELATING TO EMERGENCY ECONOMIC AND SOCIAL PROGRAMME

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Agreement for a Ceasefire in the Democratic Republic of Congo,

signed in Lusaka on 10 July, 30 July and 31 August 1999;

relevant resolutions of the

UN Security Council on the subject of Inter-Congolese political negotiations;

RECALLING the Declaration of the Fundamental Principles of the Inter-Congolese

Political Negotiations signed at Lusaka on 4 May 2001, by the parties signatory to

the Agreement mentioned above, the Gaborone Act of Commitment signed by

representatives of the components at the Inter-Congolese Political Negotiations on

24 August 2001;

CONSIDERING the Rules of Procedure for the Inter-Congolese Political

Negotiations signed on 8 March 2002 at Sun City, in particular article 10, providing

for the setting up of Commissions;

CONSIDERING the appraisal undertaken by the Economic and Finance Commission

in terms of:

1. the macroeconomic and sectoral framework;

2. the state of advanced destruction and collapse of basic infrastructures;

3. the disastrous social situation of the population;

4. the destruction of the environment;

5. plundering and mismanagement of natural resources;

6. bad governance;

CONSIDERING the various advantages as well as constraints observed in the way

of implementing the programme;

AWARE of the expectations of the Congolese people;

GIVEN the demands of the African and international community;

46

GIVEN the vital role devolving onto the Democratic Republic of Congo in achieving

the objectives of the New Partnership for the Development of Africa (NEPAD) in the

sub-region as well as elsewhere in Africa;

ADOPT an Emergency Economic and Social Programme for the transitional period

with the objectives of economic stabilisation and recovery, targeting in particular the

following fundamental options:

1. launch of the process of rehabilitation and reconstruction of the Democratic

Republic of Congo, through:

a. execution of large-scale rehabilitation works, as well as the

reconstruction of key infrastructures;

b. strengthening of human and institutional capacity;

c. introduction of a growing financing system to benefit community

initiatives;

d. creation of an enabling environment for private investment, both

national and foreign;

2. fight against poverty, through:

a. stabilisation and consolidation of the macroeconomic framework;

b. promotion of sustained and balanced economic growth;

c. formulation of a State budget reflecting the social priorities set by the

Programme.

REQUEST the transitional institutions to ensure the implementation and follow-up of

this programme to rebuild a strong and prosperous economy in the interest of the

Congolese population in its entirety.

REQUEST the support of the international community, in particular, the Bretton

Woods Institutions, the EU and the African Development Bank, working together in a

consultative group involving the Congolese executive authorities, for the success of

this programme.

Done at Sun City, April 2002

The Inter-Congolese Dialogue

47

21. Resolution No:

DIC/CHSC/01

RELATING TO THE EMERGENCY PROGRAMME IN DIFFERENT SOCIAL

SECTORS

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Agreement for a Ceasefire in the Democratic Republic of Congo,

signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the UN Security Council resolutions relating to the Inter-Congolese

Political Negotiations;

GIVEN the Declaration of the Fundamental Principles of the Inter-Congolese Political

Negotiations signed at Lusaka on 4 May 2001, by the parties signatory to the

Agreement mentioned above, the Gaborone Act of Commitment signed by

representatives of the components at the Inter-Congolese Political Negotiations on

24 August 2001;

CONSIDERING the Rules of Procedure for the Inter-Congolese Political

Negotiations signed on 8 March 2002 at Sun City, in particular article 10, relating to

the organisation of the Commissions;

CONSIDERING that the Democratic Republic of Congo is among the poorest of

countries, that its social indicators are among the lowest, and that the country is

rated 142nd out of 164 countries in the world, according to the Human Development

Index (2000);

CONSIDERING the degradation of the macroeconomic environment of the country

resulting from several decades of bad governance and external exploitation of its

resources and exacerbated by five years of internal conflict;

TAKING note of the economic potential of the country due to its wealth in various

natural resources;

CONSIDERING the low proportion of the national budget which has been allocated

to the social sector for decades;

CONSIDERING that the population’s health has never been perceived either as a

fundamental right for citizens, or as a basis for social-economic development in the

country;

48

STRESSING the disastrous situation on the health level characterised by the

insufficiency, dilapidation or destruction of infrastructures, the lack or insufficiency of

medicines and equipment, the high and uncontrolled costs of care, the recurrence of

endemic and epidemic diseases, the re-emergence of previously controlled

diseases, the high prevalence of sexually transmitted diseases and of HIV/AIDS, the

high rate of infant and maternal mortality and malnutrition and the uneven distribution

of health professionals between rural and urban environments as well as their

demotivation;

OBSERVING the alarming situation in the national education sector characterised by

ever-decreasing school attendance rates, the non-attendance of between three to

five million children, the recruitment of thousands of children of school-going age by

belligerents and armed groups, the destruction of many school buildings and

equipment and the plundering of teaching material, the increased wastage at all

levels, the marked depreciation of teaching outcomes, the pronounced degradation

of living and working conditions of teachers and learners as well as moral values

which have also have resulted in the brain drain;

CONCERNED by the fact that all cardinal virtues in the social sector have been

compromised by the armed conflict resulting in the destabilisation of homes, the

separation or divorce of parents, the increase in the number of abandoned children,

children born out of wedlock, young delinquents and illiterates;

and resulting further

in: prostitution, promiscuity, an increase in the number of women as heads of

households and child-mothers, the negation of moral and ethical values (rape,

incest, pedophilia, abuse of women, etc), children being involved in odd jobs for

survival, the abandonment of the elderly and those living with a physical or mental

handicap, the neglect of war invalids and prisoners etc;

NOTING that the armed conflict has increased discrimination against women thus

violating the universal principle of equal rights and respect for human dignity,

rendering women more vulnerable, hampering their equal participation in the

political, social, economic and cultural life of their country and restraining women

from serving their country and humankind to their fullest potential;

REALISING that the situation of women in rural areas has become increasingly

precarious and dangerous, and that it is essential for them to be given more

consideration at the policy design stage, particularly taking into account their specific

needs and their significant economic role;

and that the development of the country

and the cause for peace require maximal participation of women on an equal footing

with men in all fields;

OBSERVING the corruption of the youth and the uprooting of young Congolese

people, whilst there is no real policy for their guidance and supervision, and young

people are cast out and left to their own devices, reduced to vagrancy, exposed to

drug addiction, criminality and disease (tuberculosis, AIDS, STDs, etc);

DEPLORING the general insecurity and destruction of sports and leisure

infrastructures in different parts of the country in view of the continuing narrow,

disjointed and deeply entrenched concept of what constitutes leisure activities, the

49

absence or shortage of sports supervisors and coordinators and qualified officers,

the absence of patrons in this area, etc;

OBSERVING the growing numbers of the socially maladjusted, the increasing

pauperisation of the population, especially women and households more and more

frequently headed by women, the chronic non-payment of salaries, the excessive

material burden borne by women and its impact on their morale, and all the

situations accentuating the increased unemployment rate;

CONSIDERING that the political and social environment has not encouraged

reforms capable of prioritising an employment and placement policy, the

malfunctioning and inefficiency of the State administrative instrument, the overstaffed

and under-motivated State labour force, the bad management of resources, the lack

or absence of personnel training in the public services at all levels, the advanced

dilapidation of the infrastructures where they do indeed exist, and the insufficiency or

lack of equipment and other supplies, etc;

CONSIDERING the massive destruction of many infrastructures of all sorts,

especially land transport networks, thereby aggravating difficulty of movement for

persons and property;

CONSIDERING the destruction of important property infrastructures and the

substantial damage caused to electricity and drinking water supply systems in the

absence of a rational housing and accommodation policy as well as the shortage or

absence of drinking water and electrical energy provision;

OBSERVING furthermore the disastrous damage caused to public buildings and to

mass housing facilities while there is an absence of havens for orphans, abandoned

children and street children and living conditions are sub-human in detention centres;

OBSERVING the absence of a clear and coherent policy for the promotion of rural

development and its serious consequences such as the rural exodus;

OBSERVING the remarkable ability of Congolese populations to take responsibility

for themselves during these long years of crisis and that this demonstrates their

ability to contribute to the management of a social programme;

NOTING finally the commitment of all the parties to the Inter-Congolese Dialogue to

strive towards the liberation of the Congolese people from the dire situation in which

they find themselves;

APPEAL to the International Community in general and the bi- and multi-lateral

partners of the Democratic Republic of Congo in particular, as well as to various

concerned UN agencies, for emergency social aid to the Congolese people by

supporting the governmental and non-governmental organisations in implementing

the following measures:

1. HEALTH

a. Urgent

50

i. Rehabilitate and re-equip at least 60% of the destroyed or

damaged health infrastructures and create others where

necessary;

ii. Provide material, equipment and medical supplies to all health

centres and all the health zones;

iii. Create strategic centres for psychological assistance and

treatment for traumatised persons as well as centres for

psychological rehabilitation;

iv. Provide free or subsidised urgent medical care for war victims;

v. Pursue and support national programmes in the fight against

disease;

vi. Design a national food security programme;

vii. Establish and reinforce administrative and management

systems in order to supply quality medical care;

viii.

Create centres for the supply and distribution of pharmaceutical

products;

ix. Guarantee a 60% (minimum) health cover for the country

through the rehabilitation and/or creation of health zones, health

centres, intermediary coordination structures or specialised care

(provincial hospitals, provincial laboratories, pharmaceutical

depots, etc);

x. Allocate to the area of health at least 10% to 15% of the national

budget with a special line for HIV/AIDS, malaria and

tuberculosis;

xi. Allocate fair and equitable remuneration to motivate health

professionals as well as a special incentive for the rural

environment.

b. Short and medium term

i. Extend and reinforce the social security system by instituting

medical insurance;

ii. Achieve the objective of health for all and by all through the

application of a primary health care policy;

iii. Apply the framework law for health;

51

iv. Promote preventive care by intensifying the vaccination

campaign for children aged 0 to 5 years and reviving

reproductive and nutritional health;

v. Reinforce the rural health project:

SANRU 3;

vi. Carry out research aimed at the integration and utilisation of

traditional medicine in health programmes;

vii. Encourage private companies to provide medical services,

including the supply of pharmaceutical products;

viii.

Extend and reinforce public mortuary and funeral services.

2. EDUCATION

a. Urgent

i. Rehabilitate and re-equip at least 60% of the destroyed or

damaged school or university infrastructures;

ii. Build new schools, according to a balanced plan which takes

account of zoning;

iii. Allocate at least 10% to 15% of the national budget to education;

iv. Adopt policies and measures to achieve the so-called

“millennium” objective according to which every girl and boy

from now until the year 2015 will have equal access to primary

education as well as to all the other levels of teaching;

v. Significantly increase the salaries of teachers at all levels of the

system, offer them decent working conditions and rigorously

manage the teaching career in order to improve the profile of the

profession;

vi. Supply school and university establishments with books,

resources and audio-visual equipment etc;

vii. Introduce training in new technologies (eg information

technology) into the teaching programme;

viii.

Re-launch the policy relating to special teaching as well as to

the reintegration of children and young people including child

mothers who fail and drop out of the education system;

ix. Reactivate and implement resolutions taken by the Etats-

Généraux of Education held in Kinshasa from 20 to 29 January

1996 and revise the National Education framework law.

52

b. Short and medium term

i. Rationally manage the financial resources of the education

sector in order to ensure free primary education as an objective

to be achieved urgently, by progressively raising the percentage

of children in full-time schooling, particularly in the case of

vulnerable populations, girls and underprivileged groups;

ii. Create an Educational Promotion Fund;

iii. Put in place regulations and provisions for the effective

management of education structures and facilities at all levels

and in all the provinces;

iv. Step up professionalism at the secondary school level;

v. Redefine the role and raise the status of the teacher at the

Primary, Secondary, Higher and University levels;

and of

Scientific Research;

vi. Draw up a policy to speed up the training of University teachers

and researchers, and create a special fund to support doctoral

studies and research within the country;

vii. Reinforce programmes and courses focused on civics and

human values;

viii.

Apply the texts regulating the transposition of ranks at the

primary and secondary levels;

ix. Define and establish collaboration based on the principle of

partnership in national education.

3. FAMILIES, WOMEN, CHILDREN AND VULNERABLE PERSONS

a. Urgent

i. Set up psychological rehabilitation centres for women, girls,

children and all other traumatised persons;

ii. Implement a systematic re-adaptation and social reintegration

plan for children affected by the war and the rehabilitation of

street children, young delinquents, and support all initiatives in

this field;

53

iii. Define a coherent policy for the elderly, people living with a

handicap or a chronic illness and for war invalids (civil or

military);

iv. Restore the dignity of women so that they may fully assume

their noble role of wives, mothers, educators, custodians of

social values and development agents;

v. Set up appropriate and specific structures which can enable

women to gain access to credit, micro-finance and the business

world;

vi. Draw up a policy for penitentiary administration and the

supervision and guidance of prisoners.

b. Short and medium term

i. Draw up a realistic social policy to protect the family;

re-launch

and reinforce management of the Fund for the Promotion of

Social Services;

ii. Popularise different legal texts relating to recognised women’s

rights and the protection of those rights;

iii. Promote, increase awareness of and implement legal texts

dealing with children’s rights;

iv. Reinforce the identity of women concentrating on equality and

complementarity with regard to their effective integration in all

vital areas of national life:

this concerns the thorough application

of the quota or percentage allocated to women in the effective

participation in all decision-making sectors of national life (The

quota is equivalent to at least 30%, according to the Declaration

of the SADC countries, ratified by the DRC);

v. Ensure appropriate and efficient support and guidance for

women to enable them to catch up with men in all spheres;

vi. Ensure the full development and progress of women so as to

guarantee them the full enjoyment of human rights and basic

liberties on an equal footing with men;

vii. Modify or repeal any law, regulatory provision, custom or

practice which constitutes discrimination against women or

which contradicts the relevant legal instruments, especially

regarding the legal incapacity of married women;

viii.

Increase the marriageable age of girls to 18 years.

54

4. YOUTH

a. Urgent

i. Draw up a true policy for the supervision and guidance of young

people.

b. Short and Medium Term

i. Develop a framework law regarding the organisation of youth

associations, movements and organisations;

ii. Establish a voluntary civic service for 18-year-olds.

5. SPORTS AND LEISURE

a. Urgent

i. Rehabilitate or build infrastructures in the field of sports and

leisure;

ii. Train and improve the status of qualified sports personnel in the

supervision of sports activities and the coordination of leisure

activities;

iii. Improve the status of, promote and diversify sporting and leisure

activities;

iv. Promote school, university, military and women’s sports and

those for people living with a handicap, and even for prisoners.

b. Short and Medium Term

i. Promote sports and leisure activities for all as a major objective;

ii. Demonstrate professionalism in sports activities;

iii. Urge businesses and/or other organisations to sponsor sports

and leisure activities.

6. EMPLOYMENT AND PUBLIC ADMINISTRATION

a. Urgent

i. Set up a spot-conflict employment programme, a National

Centre for Productivity, a framework for social dialogue and a

mechanism for adherence to basic principles of labour law,

notably with regard to decent salaries;

55

ii. Speed up the implementation of legislation forbidding child

labour;

iii. Encourage investment projects able to generate employment,

but also projects for the rehabilitation or building of basic social

infrastructures (schools, roads, health centres, etc) which

provide employment opportunities;

iv. Create a National Monitoring Unit for Employment, Training and

Placement;

v. Rehabilitate public administration, State employees and agents,

by adopting a single status both at the career level and at that of

remuneration structures and other social benefits such as

annuities, leave gratuities and performance bonuses;

vi. Discharge salary arrears in all the provinces and in diplomatic

missions.

b. Short and Long Term

i. Draw up a salaries policy which takes into account the needs of

the population;

ii. Reinstate in their posts and ranks all State employees and

agents illegally dismissed:

dismissal, suspension, retirement

(case of magistrates relieved of their functions and retired);

iii. Draw up a national employment and placement policy;

iv. Speed up the implementation of the revised labour law and

adapt the labour regulations, among others, to ensure equity,

equality and balance between men and women in all the

provinces, with measures to guarantee their implementation

through the Labour Inspectorate;

v. Decentralise the running of the public service and the State

Enterprises in favour of the provinces;

vi. Restructure and re-organise the public administration according

to performance and merit criteria;

vii. Reinforce the National School of Administration to enhance the

capacity and performance of the public sector.

56

7. INFRASTRUCTURE OF A SOCIAL NATURE

a. Urgent

i. Equip the State services with new infrastructures, rehabilitate

the existing ones;

ii. Restore the transport networks, especially those which serve the

agricultural areas, so as to facilitate distribution and marketing of

the farmers’ agricultural products and access to their fields and

thus increase their revenue;

this would also make it possible to

reach populations on the move in the areas of displacement;

iii. Re-launch all the projects dealing with the supply of drinking

water;

iv. Reinforce the water quality policy by setting standards for the

protection, catchment and treatment of water and the systematic

control of water distribution;

v. Connect urban and rural areas to drinking water and electrical

energy sources, by extending the network for the benefit of new

subscribers;

vi. Rehabilitate the National Rural Water Service, the REGIDESO

and the SNEL production units, and furnish them with chemical

inputs, material and equipment and other consumables.

b. Short and Medium Term

i. Exploit local energy resources by building micro-power stations,

windmills, watermills, solar energy plants, etc;

ii. Promote a home loan policy by rehabilitating the banking sector

and by developing initiative centres and cooperatives;

iii. Promote a national housing policy and pave the way for the

definition of a strategy for setting up structures and mechanisms

for the financing and promotion of low-cost and community

housing;

iv. Recreate the National Housing Office (ONL).

57

8. RURAL DEVELOPMENT

a. Urgent

i. Repair basic social infrastructures (schools, dispensaries,

hospitals, rural settlements) and create others;

ii. Restore the land transport networks by linking the production

centres to the consumer.

b. Short and Medium Term

i. Create a promotion fund in order to grant micro-loans for

households, agriculture, crafts and fishing;

ii. Reinforce supervision and guidance of small-scale farming,

initiate and encourage the economic activities of the informal

sector;

iii. Make it easier for farmers and small and medium enterprises to

benefit from the services of savings and credit institutions

through group associations (cooperatives, initiative centres, etc);

iv. Enhance the profile of local micro-technologies and encourage a

large population participation in community projects;

v. Draw up a policy on rural development.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

58

22. Resolution No:

DIC/CHSC/02

RELATING TO THE EMERGENCY HUMANITARIAN PROGRAMME FOR THE

DRC

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

CONCERNED by the humanitarian crisis in the DRC, which has reached

catastrophic proportions, directly or indirectly affecting more than 20 000 000 people

as a result of destruction of infrastructures, lack of access to medical care, schooling

and drinking water, malnutrition, spread of HIV/AIDS and STDs, malaria, TB and an

increase in an already high unemployment rate (50% of the population);

ACKNOWLEDGING that the precarious situation in which the population was

already living for several years has worsened as a result of the two wars which,

besides the overall weakening of the socio-economic environment, have brought

about mass slaughter, serious human rights violations, insecurity of individuals and

property and grave miscarriage of justice;

NOTING the additional crisis caused by the eruption of Nyiragongo which destroyed

the town of Goma and its environs, and left more than 500 000 people homeless;

NOTING the breakdown of economic and physical infrastructures of the martyred

town of Kinshasa and its environs;

59

STATING that the above conditions have directly or indirectly affected the entire

Congolese population to different degrees, giving rise to the following vulnerable

groups:

1. more than 3 million internally displaced people, who have fled their war-ravaged,

insecure towns or villages, losing everything:

houses, jobs, source of income, and

become completely destitute and reduced to vagrancy.

A large number of these

people are women, children and the elderly, most of whom are malnourished and

in need of health care;

2. over 500 000 Congolese refugees most of whom are in neighbouring countries,

mainly Tanzania, Zambia, Republic of Congo, Central African Republic, Rwanda,

Burundi and Angola.

A considerable number of Congolese political refugees and

exiles are scattered in other African countries, Europe and America;

3. women, children, the elderly or the handicapped exposed to the horrors of war,

psychological trauma and sexually transmitted diseases, eg HIV/AIDS;

4. Congolese combatants who, for various reasons, will not be integrated into the

national army, and for whom a viable socio-economic alternative must be found

for their rehabilitation and social reinstatement;

5. Demobilised child soldiers who have been seriously traumatised in body and

spirit, those disabled by the war, widows who have become heads of families,

orphans and minors without parental supervision, women and young girls who

have been raped and contracted serious illnesses and unwanted pregnancies.

All

these very vulnerable people need appropriate programmes for reintegration and

rehabilitation;

CONSIDERING that one of the essential missions of a State is the protection of its

citizens by guaranteeing their security, the exercise of their fundamental rights and

their socio-economic welfare in conformity with the Universal Declaration of Human

Rights on 1948, the African Charter of Human and People’s Rights of 1981, the

clauses relating to women’s and children’s rights and all international legal

instruments relating to the rights of refugees.

These rights include the right to life,

freedom and security of the individual, the right not be tortured or suffer inhumane,

cruel or degrading treatment, freedom of expression, the right not to be unlawfully

arrested or detained, freedom of movement and choice of abode;

AWARE that no emergency programme can be effectively carried out without a

minutely detailed plan of action formulated in close collaboration with all international

institutions and donors.

This requires a partnership that respects international

standards governing different areas of participation in an association in which

humanitarian aspects are supported by development;

TAKING INTO ACCOUNT the difficulty in reaching homeless populations and the

problems entailed in involving the entire nation in implementing this humanitarian

programme;

60

GIVEN the extreme urgency and the necessity for national unity in implementing this

vital act of national solidarity;

AGREE ON THE FOLLOWING:

1. A law must be passed as a matter of urgency by the relevant authorities

guaranteeing legal security for displaced Congolese nationals, refugees and

exiles.

Those not eligible for amnesty must be clearly identified on the basis of

international law.

2. The humanitarian catastrophe affecting 20 000 000 Congolese, victims of the

war, to which can be added 500 000 refugees to be repatriated, requires an

emergency, multi-sectoral programme where the humanitarian aspects must be

reinforced and prioritised by an extraordinary post-conflict development and

reconstruction component.

3. Tripartite agreements between the Democratic Republic of Congo, countries with

Congolese refugees and exiles, the HCR and the IRCC must be made and

implemented to serve as a legal and operational framework for coordinating the

various activities involved in the voluntary repatriation and reintegration of

Congolese refugees.

TO THIS END, THE FOLLOWING MEASURES ARE STRONGLY

RECOMMENDED:

1. Immediately after the Inter-Congolese Dialogue, the Congolese authorities must

ask the Secretary-General of the UN to invite a multidisciplinary and inter-agency

technical panel to formulate a multi-sectoral, long-term emergency programme to

deal with humanitarian issues and socio-economic rehabilitation of affected

Congolese, ie refugees, displaced persons, demobilised soldiers, vulnerable

groups, etc.

2. A document comprising a minutely detailed plan of action with an appropriate

budget and implementation strategies must be presented by the Congolese

authorities to a round table of donors and international partners.

These must

approve the funding and terms of implementation of the plan.

3. Given the connection between repatriation and reintegration of refugees and

displaced persons on the one hand, and the reconstruction and development of

the areas devastated by the war, to which they will return, on the other, it is

essential that the humanitarian and development institutions as well as the

international community make a concerted effort to finance this long-term

programme, thus laying the basis for reconstruction and renewed development in

war-torn areas within the framework of the global and national plan of

reconstruction and development of Congo.

4. Effective implementation of a multi-sectoral programme of such scope and

partnership activities involving international institutions, making the necessary

funds available, and above all the capacity to mobilise the diverse State sectors

on central and provincial levels, argue in favour or creating a National

61

Humanitarian Authority.

Such an authority will be informed of any programme

formulated by international agencies and will help to realise them where possible,

and so ensure that the humanitarian programme extends to all affected provinces

in the DRC.

5. To avoid having too many participants and wasting allocated funds, this will be

the only body authorised by the Congolese State to dispense the funds

necessary for managing the programme under the direction of a Commissioner

General with the rank of Minister or Deputy Minister.

He will be responsible for

liaising with the Government to sort out administrative problems:

a. Given that the formation and functioning of this body for implementing

the programme is of primary importance, the Congolese Government

authorities are requested to make very effort to put it in place.

In the

meantime, a temporary National Humanitarian Coordination Committee

must be set up to ensure the initiation of all preliminary actions for

formulating the different components of the Emergency Humanitarian

Programme as described in this resolution.

b. For the implementation of this programme, MONUC and the Joint

Military Commission must do all in their power to help the Congolese

authorities and their bilateral and multilateral partners to secure the

entire National Territory by demobilisation, withdrawal of foreign troops,

de-mining, and effective implementation of the third MONUC phase in

order that civilian populations, displaced people and Congolese

refugees may return to their homes and live in peace and security.

Similarly, humanitarian and development workers (attached to the UN

and national and international NGOs) cannot be deployed throughout

the country to implement much-needed programmes unless all the

necessary security measures have been taken by the Congolese

authorities, and all obstacles to transporting aid to the affected areas

have been removed.

c. A parliamentary Commission of Enquiry must be set up to establish the

number of deaths directly or indirectly related to the war throughout the

National Territory.

d. A plan for the reconstruction of the town of Goma and its environs

destroyed by the volcanic eruption of Nyiragongo must be formulated

and implemented without delay.

e. Finally, an emergency plan for the reconstruction of tows and localities

destroyed by the war must be formulated and implemented, with

Kisangani as a priority.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

62

23. Resolution No:

DIC/CHSC/03

RELATING TO THE EMERGENCY PROGRAMME FOR THE ENVIRONMENT IN

THE DEMOCRATIC REPUBLIC OF CONGO

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

the various

Resolutions of the UN Security Council relating to the Inter-Congolese Political

Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

organisation of Commissions;

AWARE that the health and well-being of people, in fact, their very development,

depend largely on the quality of the physical environment in which they live;

NOTING the considerable damage to the environment caused by the war, in

particular by:

1. destruction of flora and fauna;

2. destruction of national parks, reserves, and sites classified as World Heritage

Sites;

3. occupation and illegal exploitation of national parks, reserves and other

protected sites;

4. uncontrolled fragmentation of national parks, reserves, and other sites

classified as World Heritage Sites;

5. serious lack of public hygiene and environmental pollution, especially polluted

sources of drinking water, pollution of towns by waste of all kinds, air pollution;

6. continuous degradation of the ecosystem by constant population migration,

erosion and landslides;

63

7. presence of anti-personnel mines in certain populated areas;

8. uncontrolled identification and exploitation of mineral resources;

NOTING furthermore, the negative impact on the environment by the massive

presence of refugees, in particular the considerable influx of Rwandan refugees;

CONCERNED by the exploitation and illegal exportation of medicinal plants and

wood for crafting on one hand, and the extermination of animal species, in particular

okapi, white rhinoceros, mountain gorilla and elephant on the other;

AGREE TO

1. Request the Congolese authorities to establish an emergency programme for

the environment, so as to:

a. rehabilitate flora and fauna especially in national parks, reserves, and

all other protected sites;

b. secure national parks, reserves, and all other protected sites;

c. clean up the urban and rural environment;

d. fight against erosion and landslides;

e. restore ecology and ecosystems by more efficient management of

population migration;

f. return illegally exported species and protect endangered species.

g. preserve medicinal flora with which the Democratic Republic of Congo

is exceptionally richly endowed;

h. de-mine affected rural areas.

2. Request the Congolese authorities, but also the UN, the EU and the AU Union

to do their utmost to compel all national and foreign private companies that

have contributed to the exploitation of the country’s resources, and whose

activities have been instrumental in the tragic degradation of the environment,

to grant all the funding necessary to make good the damage and restore the

environment.

3. Invite the Congolese authorities, for the implementation of this programme, to

set up a panel of environmental experts including representatives of special

UN agencies, the EU, as well as national experts, to assess the impact of the

war on the environment, to propose remedial action, projects and

programmes on national and provincial scale.

64

4. Request the World Environment Fund to allocate the necessary funds to the

Congolese authorities to enable the panel of experts mandated to assess the

impact of the war on the environment, to carry out their task and to propose

an appropriate course of action.

5. Request the Congolese authorities to acknowledge the stability of the native

populations settled in areas adjoining national parks and other protected sites

by establishing mechanisms and development projects to enable them to live

in harmony with nature and to guarantee their right to ancestral territory (land

rights).

6. Appeal to the international community to assist the Congolese authorities to

restore the economic and physical infrastructures of Kisangani and its

environs which have been destroyed by the armed conflict.

This programme

should be extended to other towns and cities affected by the war.

7. Request the international community to put pressure on Rwanda and Uganda

to compensate the DRC in order to rehabilitate Kisangani.

8. Appeal to international partners to provide technical and human resources to

restore the physical and material infrastructures of Goma and its environs

damaged by the eruption of Nyiragongo.

9. Appeal to the international community to assist the Congolese authorities to

restore activity at the Lwiro volcano observatory and its extensions, on the

one hand, and to create a structure for the prevention and management of

natural disasters, especially volcanic eruptions, floods, etc, on the other.

10. Appeal to the international community to support the emergency programme

for the environment in every possible way and to continue its involvement by

supporting all future coordinating mechanisms.

11. Recommend that the Congolese authorities establish a national agency for

the environment that will interface with the international community for the

rational and coordinating implementation of the emergency programme for the

environment and subsequent programmes, namely Agenda 21 of the Rio de

Janeiro Summit (1992).

12. Request the Congolese authorities to involve all national partners, in particular

women’s groups, young people, planters, scientists and professionals in

implementing the emergency programme.

13. Request the Congolese population to participate actively in protection and

reconstruction projects for the environment, on the one hand, and to create

bodies committed to promoting awareness and protecting the natural

environment, on the other.

14. Request the Congolese authorities to take appropriate steps to accelerate

resolution of the contentious issue of the environment destroyed by the

massive presence of Rwandan refugees.

65

15. Suggest the creation of a regional coordination body for protection of

endangered species in the framework of management of national parks in the

Great Lakes region.

16. Request the Congolese authorities to prepare and submit the evaluation

panel’s report on the impact of the war on the environment and its plan of

action at the next summit for sustainable development to be held in October

2002 in the Republic of South Africa.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

66

24. Resolution No:

DIC/CHSC/04

RELATING TO THE RECONSTRUCTION OF KISANGANI AND ALL THE OTHER

TOWNS DESTROYED BY THE WAR

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

NOTING the destruction of the economic and physical infrastructures of Kisangani

and its environs;

MINDFUL of preserving the scientific potential of Kisangani and restoring its role as

a cosmopolitan centre;

RECALLING the resolutions of the UN Security Council relating to the reconstruction

of Kisangani and its environs;

MINDFUL of the necessity for reconstructing all towns destroyed by the war;

CONSIDERING Kisangani as a martyred city;

GIVEN THE URGENCY;

AGREE TO:

1. Request the Transitional Government to accelerate the formulation and

implementation of the emergency humanitarian project for the economic and

physical reconstruction of Kisangani and its environs, as well as all the other

towns destroyed by the war.

67

2. Create the most favourable conditions for implementing the emergency plan,

without delay, as soon as it has been finalised by the Congolese Authorities

and their international partners.

3. Launch an appeal to the national and international communities to mobilise

the necessary financial resources.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

68

25. Resolution No:

DIC/CHSC/05

RELATING TO THE RECONSTRUCTION OF THE TOWN OF GOMA

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

RECALLING the catastrophic situation in Goma and its environs caused by the

eruption of Nyiragongo Volcano which currently affects more than 500 000 homeless

people;

TAKING note of the relevant clauses of International Conventions concerning natural

disasters;

ACKNOWLEDGING the promptness with which the International Community

responded with aid for those left homeless after the eruption of Nyiragongo;

HAILING the solidarity expressed by the Congolese both in the 11 provinces of the

DRC and outside the country with regard to mobilising human, material and financial

resources;

GIVEN THE URGENCY;

AGREE TO:

1. Request the formulation of an emergency plan for reconstructing the town of

Goma and its environs destroyed by the eruption of Nyiragongo.

69

2. Launch and appeal to the International Community for the necessary funds to

implement this plan with all possible speed.

3. Launch an urgent appeal to the entire national community, especially the

relevant authorities on the national provincial, territorial and local levels, to

participate in implementing this plan of reconstruction and lending assistance

to compatriots affected by this natural disaster.

4. Make an urgent appeal for the funds generated within and without the country

to be channelled towards the homeless in Goma and its environs.

5. Request the necessary support from MONUC and other UN agencies to

implement this humanitarian aid programme for the homeless of Goma.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

70

26. Resolution No:

DIC/CHSC/06

RELATING TO CULTURE AND INTER-ETHNIC CO-EXISTENCE IN THE

DEMOCRATIC REPUBLIC OF CONGO

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

AWARE that arts and culture are a very positive attribute of the Congolese nation

and should therefore be promoted;

AWARE that the Congolese youth must be protected and supervised through

education, sport and recreation;

AWARE that the plethora of different ethic groups in our country constitutes

enormous cultural wealth rather than a mosaic of different languages;

AWARE of the necessity for the different ethnic groups to work together in peace to

reconstruct the country;

AWARE of the necessity for all Congolese to preserve national unity and cohesion;

INVITE the authorities of the Democratic Republic of Congo to put in place a policy

for promoting arts and culture, sport, protection of the youth, preserving peace and

harmony between the different national communities with particular emphasis on:

1. Protecting and promoting culture, the arts, constructive leisure activities and

sport.

71

2. Protecting and supervising the youth.

3. Banishing tribal-ethnic discrimination, xenophobia and intolerance.

4. Encouraging friendly inter-ethnic relations and promoting intercultural

exchange and integration.

5. Including customary authority in preventing and resolving conflict.

6. Setting up a permanent parliamentary commission to deal with problems

relating to ethnic conflict.

7. Enacting laws on fairness and the right of all to the privileges and advantages

of belonging to a nation and suppressing tribalism.

8. Enacting laws relating to land to guarantee the rights of all.

LAUNCH an appeal to national communities to promote a culture of peace and

democracy and the cessation of all types to inter-ethnic hostility, as well as the

peaceful resolution of conflict by involving customary authorities, guardians of

ancestral values, as well as religious communities, guardians of the values and

virtues of love, justice and social equality.

LAUNCH an urgent appeal to the Congolese authorities to set up a National Office

of Mediation (Office de la Grande Médiation).

It will be run by the Chief National

Mediator (le Grand Médiateur National), assisted by provincial mediators, who in turn

will be supported by territorial mediators in the execution of their duties.

LAUNCH an appeal to neighbouring countries and allies of the Democratic Republic

of Congo to help maintain peace by appropriate actions, not only to cross-border

communities, but also in areas and towns where these communities coexist.

Done at Sun City on the Ninth day of April 2002

The Inter-Congolese Dialogue

72

27. Resolution No:

DIC/CHSC/07

RELATING TO ETHICS AND THE FIGHT AGAINST CORRUPTION

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

CONSIDERING that secession, rebellion and three decades of dictatorship have

shaped the history of our country since its accession to independence;

CONSIDERING that these tragic events have marked the political, economic and

social life of the country profoundly and given rise to inequality and social injustice;

GIVEN that these unfortunate social realities have led the Congolese people into a

complex moral crisis;

GIVEN that at the heart of this crisis corruption in many forms appears as the

manifestation of the anti-values and non-transparent practices on the part of men

and women seeking to advance their careers in executive spheres, eg the army, the

police, information services, public administration, health, education, the economy,

religious denominations, the legal system, family and civil society, and shows itself in

despicable behaviour such as lying, malevolence, defamation, fraud, malpractice,

misappropriation, influence peddling, nepotism, favouritism, tribalism, regionalism,

clientelism, sexual harassment, bribery, the abuse of power, forgery and

deceitfulness, etc;

AWARE of the necessity to promote a culture of good governance, ie integrity,

honesty, sense of responsibility and transparency in governing the State, and to fight

corruption in all its forms and in all circumstances;

73

DECIDE

1. The creation of a Higher Council for Promoting Ethnical Conduct and

Combating Corruption (Conseil Supérieur d’Ethique et de Lutte contre la

Corruption, or CSELC) with a legal personality, enjoying administrative and

financial autonomy and placed under the administrative supervision of

parliament and empowered to collaborate with the prosecution.

2. This organ will be mandated to carry out the following missions:

a. to increase public awareness and encourage moral conduct in the

political, public, professional, social and private sectors;

b. gather and distribute facts and information and alert the authorities and

public opinion as to the moral standards in politics, public

administration, civil society and the world of finance;

c. reinforce the managerial capacity of public institutions and the business

world, with special reference to their respective ethics;

d. Cooperate with institutions, specialised organisations and national and

foreign experts on the question of ethics and the fight against

corruption;

e. Receive a disclosure of assets from anyone in a high position entering

or leaving the public or parastatal service.

3. The CSELC will be run on national, provincial, district, territorial and

community levels by individuals known for their neutrality, intellectual

competence and their moral probity, drawn from different sectors of society:

public, parastatal, private and civil society.

4. The CSELC will be based on constitutional principles and its structure will be

determined by an organic level.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

74

28. Resolution No:

DIC/CHSC/08

RELATING TO THE NATIONAL MONITORING BODY FOR HUMAN RIGHTS

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

CONSIDERING that dignity is inherent in all members of the human family and that

their equal and inalienable rights constitute the foundation of freedom, and

considering the principle of the necessity for justice in the world;

that all these are

indispensable elements for the promotion of democracy and lasting peace;

CONSIDERING that the ignorance of these rights leads to acts of oppression and

barbarism such as have been recorded throughout the world in general and in the

DRC in particular;

RECALLING that this state of affairs led to the adoption of the Universal Declaration

of Human Rights on 10 December 1948 to promote and ensure the protection of

human rights and that, since then, other conventions have been added to this

instrument, namely:

1. the International Pact of Civil and Political Rights;

2. the International Pact on Economical, Social and Cultural Rights;

3. the United Nations Declaration and Convention against Torture, Suffering or

Cruel, Inhumane or Degrading Treatment;

4. the Convention on Children’s Rights;

75

5. the Convention on the Elimination of all Forms of Discrimination against

Women;

6. the International Convention on the Elimination of all Forms of Racial

Discrimination;

7. the African Charter of Human and People’s Rights;

RECALLING furthermore that the DRC has ratified all these instruments but that

their implementation is far from being fully observed;

DEPLORING the ignorance of these rights by the beneficiaries thereof and the nonadherence

to these rights by the appropriate authorities;

RECOGNISING the collective realisation over the last few years of the necessity to

respect human rights as a non-negotiable condition for a rule of law;

RECOMMEND:

1. The creation of a National Human Rights Monitoring Unit, an independent and

executive organ enjoying autonomy of management and action.

2. The mandate of this organ will be to:

a. monitor the implementation of national, regional and international legal

standards relating to human rights;

b. recommend and facilitate the Democratic Republic of Congo’s

ratification of or adherence to new treaties relating to human rights;

c. follow up and submit progress reports on the implementation of

international legal instruments relating to the promotion and protection

of human rights;

d. inform citizens of their rights;

e. assess internal legislation relating to human rights and make

recommendations;

f. guarantee that citizens enjoy all their rights, both individual and

collective;

g. promote the establishment of a true rule of law;

h. promote associations defending human rights;

i. train human rights activists, ensure their protection and guarantee their

status;

76

j. create a commission for the protection of women and children with the

mandate to:

i. denounce all forms of violence specifically perpetrated against

women and children, the elderly and persons living with a

handicap;

ii. direct plaintiffs to the appropriate legal authorities;

iii. promote developmental and civic education for improved civil

awareness;

iv. ensure strict adherence to human rights and combat violations

thereof.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

77

29. Resolution No:

DIC/CHSC/09

RELATING TO THE MEDIA SECTOR

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING the Lusaka Ceasefire Agreement for the Democratic Republic of

Congo, signed at Lusaka on 10 July, 30 July and 31 August 1999;

CONSIDERING the various Resolutions of the UN Security Council relating to the

Inter-Congolese Political Negotiations;

RECALLING the Declaration of Fundamental Principles signed at Lusaka on 4 May

2001 by the parties signatory to the above Agreement, the Gaborone Act of

Commitment signed by the representatives of the components at the Inter-

Congolese Political Negotiations on 24 August 2001;

RECALLING the Rules of Procedure of the Inter-Congolese Political Negotiations

adopted on 8 March 2002 at Sun City, with special reference to Article 10 relating to

the organisation of Commissions;

CONSIDERING that in a rule of law and in a democracy, the media play an

indispensable role in stimulating people’s minds with a view to socio-economic

development;

CONSIDERING that the media can ideally enable the expression, development,

affirmation and flourishing of cultural identities;

AWARE that independent, free, responsible and efficient media are a guarantee for

public freedoms, the smooth running of democracy and social cohesion;

CONSIDERING that the media, both public and private, must reflect the diversity of

faiths and the plurality of opinions;

CONSIDERING that the media, through their action, help the public to gain insight

into the profiles of public figures and politicians as well as into their programmes, and

that this enables the public to express itself credibly during electoral and consultative

events;

GIVEN the necessity to consolidate and reinforce the Congolese subjects’ feeling of

belonging to a common culture;

78

CONSIDERING that the media are an instrument supporting democracy and organs

of governance and that they are a measure of the quality of a democracy;

RECOGNISING that the State has an obligation to organise the public media sector

and encourage the private media sector to follow suit:

CONSIDERING that in order to be optimally operational, the sector needs a legal

and democratic framework and professional instruments as well as legal

organisations and adequate material infrastructures from top to bottom;

CONSIDERING that in the DRC, the legal framework exists, and that a code of

ethics and practice was developed and adopted by the press itself at its Etats

Généraux de la Communication;

REQUEST OR RECOMMEND

1. The creation of a High Media Authority.

The State guarantees the

independence and financial autonomy of the High Media Authority whose

mandate is to:

a. guarantee press freedom in the DRC;

b. guarantee the citizen’s right to realise and objective information;

c. guarantee the neutrality of the public media vis-à-vis the political and

social forces especially during political and electoral consultations;

d. regulate the public and private media sector;

e. ensure that religious radio and television programmes comply with

ethical standards and the laws of the Republic;

f. ensure the technical development of the Congolese media and their

access to new information technology;

g. advise the State through technical notices through a priori and a

posteriori instructions on all matters concerning the audio-visual media

especially as regards the allotment of frequencies and ensure

adherence to contract specifications by the operators in this sector;

h. ensure the dissemination of a culture of peace, democracy and good

moral standards;

i. strive towards the production of broadcasts, programmes and

educational documentaries which respect human values, especially the

dignity of women and young people.

2. That the Transitional Government:

79

a. rehabilitate the media in their social role of informing, training,

educating and entertaining the population;

b. take the implementation measures of law 96-002 of 26 June 1996

which fixes the modalities for press freedom in the Democratic

Republic of Congo;

c. rehabilitate and/or rebuild, professionalise and modernise the public

media sector;

d. guarantee access for journalists to information sources;

e. ensure that the media reach the whole nation in order to recreate the

feeling of belonging to a common culture;

f. assist the corporation of the press to set up infrastructure and

professional bodies especially up-to-date printing works for the press,

one or several press distribution services and an international press

centre.

3. That the corporation of the press:

a. observe its own codes of ethics and professional practice;

b. improve its performance by setting up corporate organisations and

infrastructure which will enable the Congolese to attain the objective of

a restored society in tune with itself;

c. make fully-informed people of the Congolese in every aspect of life and

restore to them their lost political and civil citizenship;

d. do everything possible to create quality national productions, analytical

and thought-provoking broadcasts and educational programmes and

documentaries;

e. ensure its professionalism through the training and retraining of its

members.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

80

30. Resolution No:

DIC/CPR/01

RELATING TO THE RESTITUTION OF PROPERTY SEIZED AND/OR

CONFISCATED FROM INDIVVIDUALS AND PROPERTY STOLEN FROM THE

STATE

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING that it has been established that considerable property has been

stolen from the Congolese State;

GIVEN that several measures have been taken by the Government of the DRC, the

Congolese Rally for Democracy (RCD), the Movement for the Liberation of Congo

(MLC), the RCD/ML, and the RCD/N, illegally seizing or confiscating property of

individuals, and/or infringing property rights of these latter;

GIVEN the Ceasefire Agreement signed at Lusaka on 10 July, 30 July and 31

August 1999, in particular Chapter 5 of its Annex “A”, providing for the organisation

of an inclusive national dialogue leading to national reconciliation and the

implementation of a new political dispensation in the DRC;

CONVINCED that the peace and reconciliation process must of necessity be brought

about by the re-establishment of the rule of law, as well as individual rights;

RECALLING point 6 of the Declaration of Commitment signed at Gaborone on 24

August 2001, according to which representatives of the components to the inter-

Congolese political negotiations had determined to restore, with immediate effect

and unconditionally, all property illegally seized and/or confiscated for political

reasons or considerations, as well as property occupied without title or legal right;

NOTING that the above clause has not been implemented by all the parties, as it

should have been;

DECIDE AS FOLLOWS:

1. The Transitional Government is tasked with restoring, with immediate effect

and unconditionally, all property seized and/or illegally confiscated from

individuals, and with returning State property stolen by the individuals.

2. The Transitional Government must restore the legal rights of those whose

fixed property has been occupied without title or legal right.

81

3. The Transitional Government will, at the same time, appoint a Parliamentary

Commission with the necessary legal and logistic means to ensure that this

mission entrusted to the Transitional Government is strictly carried out.

This

Commission will be empowered to receive and assess of victims, and see to it

that their rights are restored.

4. It will, in any case, be enabled to refer matters to the Courts, especially in

contested cases.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

82

31. Resolution No:

DIC/CPR/02

ON THE PROTECTION OF MINORITIES

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

REAFFIRMING the principles of sovereignty, independence and territorial integrity of

the Republic as well as those of the inviolability of our borders as inherited from

colonisation, as recognised in Article 3 of the Charter of the OAU, Resolution

AHG/16.1, adopted by the Heads of State and Government meeting in Cairo (Egypt),

in 1964, the third paragraph of the Preamble of the Agreement for ceasefire in the

DRC, signed on 10 July 1999, Point 2 of the Declaration of Fundamental Principles

signed in Lusaka on 4 May 2001 in relation to Inter-Congolese political negotiations,

as well as the Declaration of Commitment adopted at Gaborone (Botswana) on 24

August 2001;

RECALLING the Agreement for ceasefire in the DRC, signed on 10 July, 30 July

and 31 August 1999, in all its provisions;

GIVEN that a new political dispensation and national reconciliation require our

country to honour its commitments on the international level, particularly with regard

to the protection and promotion of human rights;

CONSIDERING that the DRC is inhabited, exclusively, by ethnic, religious and

linguistic minorities;

CONSIDERING that our country has ratified several international conventions

relating to the protection of the individual, including the International Convention on

Civil and Political Rights, especially its Article 27, the Convention for the Elimination

of All Forms of Discrimination against Women and the Convention on Children’s

Rights, with special reference to Article 30;

GIVEN that a new political dispensation and national reconciliation in our country

require that the rights of all Congolese communities within the general framework of

the relevant law be respected and effectively promoted;

AGREE TO THE FOLLOWING:

1. Proclaim that no person or group of persons may be discriminated against in

the enjoyment of their rights on the basis of ethnicity, religion or language.

2. Affirm that all Congolese communities have equal rights.

That, however, the

State may, where necessary, take temporary affirmative measures, and other

83

incentives, in order to accelerate and promote the equality among

communities, especially for the benefit of the least privileged.

3. Call upon members of all Congolese communities to make every effort to

bring about harmonious cohabitation and national reconciliation.

4. Proclaim that all Congolese minorities’, whether ethnic, religious or linguistic,

points of view, be protected within a general framework of human rights, in

accordance with the laws in force and with international instruments ratified by

the DRC.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

84

32. Resolution No:

DIC/CPR/03

CONCERNING THE COMPLEX PROBLEM OF NATIONALITY FROM THE STAND

POINT OF NATIONAL RECONCILIATION

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

RECALLING the Lusaka Ceasefire Agreement and more specifically Article 3,

paragraph 16;

CONSIDERING the deep desire of the Congolese people for an immediate and

lasting peace through the elimination of all the causes that predisposed and led to

the two wars that raged in the country from 1996 to this day;

REAFFIRMING the principles of sovereignty, independence, territorial integrity of the

DRC, as well as those of the inviolability of the borders inherited from colonial times,

as stated in Article 3 of the Charter of the OAU, Resolution AGH/16.1 adopted by the

Conference of Heads of State and Government in Cairo (Egypt) in 1964, and

recalling the Lusaka Agreement, in particular its Article 3, Paragraph 15;

CONSIDERING that a new political dispensation and national reconciliation, as

prescribed by the Lusaka Agreement, require that our country respects its

commitments at an international level, especially those given within the framework of

international agreements and treaties relating to human rights which it has duly

signed and ratified;

CONSIDERING the will on the part of all the participants in the inter-Congolese

political negotiations, as expressed in their General Policy Statements, to create

optimal conditions for peace and reconciliation to result from the present forum;

CONSIDERING the current Congolese legislation with regard to nationality, which is

a source of uncertainty and political and legal confusion, particularly law No.

071-002

of 28 March 1971, law No.

72-002 of 05 January 1972 in its Article 15 and law No.

81-002 of 29 June 1981 as modified by the decree No.

197 of 29 January 1999;

CONSIDERING that the excessive politicisation of issues relating to the nationality of

Rwandophone and Burundophone members of the national population is one of the

major causes of the present crisis in the DRC, and that it has resulted in feelings of

deprivation, hatred and profound rifts within the population;

CONCERNED by the absolute necessity to establish peaceful coexistence of all the

ethic groups throughout the entire territory of the DRC, without outside interference;

85

CONSIDERING the Declaration of Commitment signed by the parties to the Inter-

Congolese Dialogue in Gaborone on 24 August 2001;

CONSIDERING that in the present context, only a real political will can guarantee

the definite resolution of the crisis borne of the issue of nationality;

ADOPT THE FOLLOWING:

1. Affirm the principle of the Lusaka Agreement by which “all the ethnic groups

and nationalities whose individual members as well as territory constituted

what became the Congo (currently the Democratic Republic of Congo) at the

time of independence, must enjoy equal rights and protection in terms of the

law, as citizens.

2. Request a systematic census of the population at national level, by the

Government with possible support from international organisations, with a

view to identifying nationals, immigrants, refugees and infiltrators needing to

be treated according to legal principles (national and international), whilst

preserving peace and security n the DRC.

3. Reaffirm that Congolese nationality is unique and exclusive, and that its

regulation falls solely within the domain of the law.

4. Recommend that in future, law-makers be enabled to examine the principle of

dual nationality.

5. Ask for the restoration of an efficient public and judicial administration, in

order to guarantee the harmonious unfolding of the process of pacification

and reconciliation, at the same guaranteeing, in a definite manner, the

sovereignty and territorial integrity of the DRC.

6. Ask for the establishment of appropriate programmes for raising the

awareness and psychological conditioning of the population with a view to

promoting peaceful inter-ethnic coexistence.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

86

33. Resolution No:

DIC/COR/04

ON THE INSTITUTION OF A “TRUTH AND RECONCILIATION” COMMISSION

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

RECALLING the Agreement for a Ceasefire in the Democratic Republic of Congo,

signed at Lusaka on 10 July, 30 July and 31 August 1999, in particular the last

paragraph of the Preamble that makes provision for the organisation of an “allinclusive

national dialogue, aimed at realising national reconciliation and a new

political dispensation in the DRC”, as well the clauses in Chapter 5 of its Annex “A”;

RECALLING the Declaration of Fundamental Principles, signed in Lusaka on 4 May

2001, relative to the inter-Congolese political negotiations, especially its principles 3

and 4 providing for “national reconciliation and a new political order, as basis for

rebuilding a Democratic Republic of Congo where the people are united, reconciled

and free from tribalism, regionalism, ethnicism and all forms of hatred” as well as

“the promotion of an environment for lasting peace, security and stability in the

Democratic Republic of Congo and the sub region”;

RECALLING the Declaration of Commitment, signed in Gaborone on 24 August

2001, by which the representatives of the components to the inter-Congolese

political negotiations acknowledge consciousness of the fact that “national

reconciliation is above all the responsibility of the Congolese people and their

leaders” and solemnly and unconditionally committed themselves to “abstaining from

undertaking all actions that could hinder the national reconciliation process”;

RECALLING relevant resolutions of the UN Security Council regarding inter-

Congolese political negotiations;

GIVEN the need for the DRC to turn over the sombre page in its history, so far

marred by all manner of conflict;

CONCERNED by the political and armed conflicts in the DRC since independence in

1960 with their harmful consequences;

AFFIRMING that the Congolese people, for so long deprived of justice, call for the

institution of an international penal court to judge war crimes, crimes against

humanity, crimes of genocide and other large-scale violations of human rights;

CONSIDERING that national reconciliation is a determining factor of peace and

national harmony;

87

MINDFUL of the fact that national reconciliation cannot succeed without knowledge

and acknowledgement of the facts, in sincere plea for forgiveness and a firm resolve

never again to repeat;

CONSIDERING that lasting national peace and reconciliation could never be built on

lies or impunity;

ACKNOWLEDGING the need to both preserve and come to terms with the memory

of our past, and to transmit it to future generations in order to help sharpen their

awareness of the profound threat that is posed to the well-being of a nation

whenever selfish interests, arbitrary rule and the absence of a positive sense of the

State, accompanied by generalised laxity are allowed to reign supreme, so as to

avoid a repetition of the errors of the past;

AKNOWLEDGING the need to compensate the victims and restore their dignity and

their rights without resorting to hatred or vengeance;

ACKNOWLEDGING the need to re-embrace democratic and republican, within the

framework of the rule of law;

AGREE TO THE FOLLOWING:

1. Resolve to set up, at the close of the ICD, an independent commission to be

called the “National Truth and Reconciliation Commission” to be tasked with

the responsibility of re-establishing the truth, and promoting peace, justice,

forgiveness and national reconciliation.

2. Adopt the decision that such a Commission should be set up at national,

provincial and local levels.

3. Task the Commission to, in particular, identify the nature, causes and extent

of the political crimes and large-scale violations of human rights committed in

the DRC, since the country’s accession to independence.

4. Declare that the political crimes and large-scale violations of human rights

committed outside the national territory but related to the political conflicts

within the DRC will also fall under the jurisdiction of the Commission.

5. Affirm that the Commission will be responsible for deciding the fate of the

victims of the said crimes, for hearing them, and taking all the necessary

measures to compensate them and completely restore their dignity.

6. Assign to the Commission the following objectives:

a. re-establishment of the truth as to political and socio-economic events

which occurred in the RDC;

b. reconciliation, on the one hand, of the political role-players among

themselves, and on the other hand, with the people, as well as the

reconciliation of the Congolese people with itself;

88

c. emergence and consolidation of the rule of law within the DRC;

d. rebirth of a new national and patriotic consciousness;

e. rapprochement between the governors and the governed;

f. re-establishment of a climate of mutual confidence between the

different communities and encouragement of inter-ethnic cohabitation;

g. acknowledgement of crimes committed against the Republic;

h. acknowledgement of individual and collective responsibility for wrongs

and crimes;

i. formulation of the necessary recommendations to ensure that such

crimes and large-scale violations of human rights do not recur in the

future;

j. re-establishment of national unity and cohesion.

7. Resolve that the National Truth and Reconciliation Commission is empowered

to hear any person involved in the crimes and large-scale violation of human

rights, including the rape of women and girls in times of war.

It may also hear

any person in a position to enlighten it in its mission.

8. Resolve that the Commission is empowered to grant amnesty to any person

who accepts to confess and completely denounce, on pain of perjury, all the

facts that he/she knows and which have a bearing on the crimes and largescale

violations of human rights in which he/she was involved, and whose

primary motivation is of a political nature.

Such amnesty will have to conform

to the relevant international norms, and the Commission will not be

empowered to grant amnesty for crimes of genocide or crimes against

humanity.

9. Declare that the members of the Commission shall be Congolese of great

moral and intellectual probity and possessing the necessary skills to carry out

the mandate of the Commission.

10. Resolve that the members will be appointed by consensus from the ranks of

the components according to the criteria established by the ICD:

moral

probity, credibility, knowledge of the social realities on the ground, proven

competence in relation to processes for promoting truth and reconciliation,

patriotism and evidence of a conciliatory and unifying spirit.

11. Resolve that the Commission’s hearings will be public.

12. Resolve that the resources of this Commission will come from:

a. the Congolese State;

89

b. the Congolese State Treasury;

c. donations and bequests;

d. bi- and multilateral external contributions (UN, OAU, EU and other

countries).

13. Resolve that the Commission may call upon human resources from the

Officer of the Facilitator who guided the Peace and Reconciliation

Commission, from NGOs, the media and religious denominations.

14. Resolve that a law to be adopted by a Transitional Legislative Assembly will

determine thew organisation, the operation and the jurisdiction of the

Commission, as well as the means of appointing its members.

The law will

also set the procedural rules and sanctions applicable.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

90

34. Resolution No:

DIC/CPR/05

ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

CONSIDERING relevant resolutions of the UN Security Council;

CONSIDERING the Ceasefire Agreement signed in Lusaka on 10 July, 30 July and

31 August 1999, especially the last paragraph of its Preamble, as well as Chapter 5

of its Annex “A”, providing for the organisation of an all-inclusive national dialogue,

which should lead to national reconciliation and a new political dispensation in the

DRC;

CONSIDERING that Chapter 8 of Annex “A” to the Lusaka Agreement mandates the

UN peacekeeping force to bring perpetrators of genocide, crimes against humanity

and other war crimes before an “International Criminal Court”;

CONCERNED by the political crisis and the armed conflict in the DRC and its

harmful consequences, namely:

crimes of genocide, crimes against humanity, war

crimes and mass violations of human rights committed since 30 June 1960 and

those committed during the two wars of 1996 and 1998;

CONSIDERING however that lasting peace and national reconciliation cannot be

built on the basis of the consecration of lies, impunity and the denial of justice;

RESOLVE that a request be made to the UN Security Council by the Transitional

Government with a view to establishing an International Criminal Court for the

Democratic Republic of Congo, endowed with the necessary competence to take

cognisance of crimes of genocide, crimes against humanity, war crimes and mass

violations of human rights committed or presumed committed since 30 June 1960 as

well as those committed or presumed committed during the two wars of 1996 and

1998.

Done at Sun City in March 2002

The Inter-Congolese Dialogue

91

35. Resolution No:

DIC/CPR/06

ON PEACE AND SECURITY IN THE DRC AND IN THE GREAT LAKES REGION

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

RECALLING the Agreement for a ceasefire in the Democratic Republic of Congo,

signed at Lusaka on 10 July, 30 July and 31 August 19991, in particular the last

paragraph of the Preamble providing for the organisation of an “all-inclusive national

dialogue, aimed at realising national reconciliation and a new political dispensation in

the DRC”, as well the clauses in Chapter 5 of its Annex “A”;

RECALLING the Declaration of Fundamental Principles, in relation to the Inter-

Congolese political negotiations, signed at Lusaka on 4 May 2001, in particular its

principles 2, 3 and 4;

GIVEN relevant Resolutions of the UN Security Council on issues of peace and

security in the DRC and within the Great Lakes region;

CONSIDERING that the crisis, which has beset the Congo since 1960, has both

internal and external causes;

AWARE that peace and security in the Democratic Republic of Congo can only be

envisaged, realistically, within the framework of a process of national reconciliation to

be founded on the emergence of a state of rule of law, fully respecting the universal

principles of good governance, human rights and democracy;

CONVINCED that peace and security in Central Africa, and in the Great Lakes

region in particular, can only be envisaged through adherence to principles of noninterference

in the internal affairs of States, respect for the territorial integrity of

States, including the inviolability of their borders, and respect for their sovereignty, as

well as through a policy of good neighbourliness;

CONSIDERING the need for all the States of the region to combat the fundamental

structural deficiencies that face them and the urgent need to develop effective

mechanisms for collaboration in the resolution of all issues contributing to the

insecurity within the Region, and holding back its development and progress, in

comparison to the rest of Africa;

CALL FOR:

1. Within the DRC:

92

a. the restoration, within the framework of the new political dispensation

to result from the ICD, of the authority of the State over the entire

national territory, and the establishment of the rule of law together with

the adoption of a new Charter of the fundamental rights of citizens, to

be underpinned by a new transitional legal framework founded on the

basis of the following democratic and republican principles and values:

i. separation of the three traditional powers of the State;

ii. promotion of social justice as well as general and equitable

justice;

iii. observance of the rules of good governance;

b. economic recovery through, in particular, a policy of macroeconomic

stabilisation and major public works;

c. reorganisation of the immigration and identification services, with a

view to the effective control of the borders;

d. promotion, through the national educational system, of values of good

citizenship, as well as a culture of dialogue and peaceful resolution of

conflicts;

e. free movement of persons and goods throughout the national territory;

f. affirmation of the principle of the effective independence of the

judiciary;

g. reorganisation of the DRC’s diplomatic missions with a view to

streamlined embassies and a more effective diplomacy;

h. orderly withdrawal of foreign armed forces;

i. disarmament of armed groups.

2. Within the region:

a. organisation of an international conference on peace, security, stability

and development in Central Africa and in the Great Lakes region;

b. signing of a peace and stability agreement and a non-aggression pact

between the countries of the region;

c. putting in place a process of economic integration for the region;

d. revival of the Economic Community of Central African States;

e. re-launch and expansion of the Economic Community of the Great

Lakes Countries (CEPGL);

93

f. ensuring the security of populations living in the border areas;

g. ban on arming, training, harbouring or giving aid of any kind to

subversive elements, or such opposition movements within the national

territory and bent on destabilising other countries.

Done at Sun City in April 2002

The Inter-Congolese Dialogue

94

36. Resolution No:

DIC/CPR/07

ON THE ORGANISATION OF AN INTERNATIONAL CONFERERENCE ON

PEACE, SECURITY AND DEVELOPMENT IN THE GREAT LAKES REGION AND

CENTRAL AFRICA

WE, the Participants at the Inter-Congolese Political Negotiations, ie delegates of the

Government of the Democratic Republic of Congo, the Congolese Rally for

Democracy (RCD), the Movement of the Liberation of Congo (MLC), the main

groupings and organisations of the Opposition and the Forces Vives of the Nation,

the Congolese Rally for Democracy/Liberation Movement (RCD/ML), the Congolese

Rally for Democracy/National (RCD/N), the Mai Mai, meeting at Sun City, Republic

of South Africa, from 25 February to 11 April 2002;

RECALLING the Agreement for a ceasefire in the Democratic Republic of Congo,

signed in Lusaka on 10 July, 30 July and 31 August 1999, in particular Article 2

thereof, calling on all the parties to immediately search for solutions to the security

concerns of the Democratic Republic of Congo as well as those of it’s neighbours;

MINDFUL of the Declaration of Fundamental Principles, signed in Lusaka on 4 May

2001 in relation to the Inter-Congolese political negotiations, in particular Principles 2

and 4 thereof relating to the respect for the sovereignty and territorial integrity of the

Democratic Republic of Congo (DRC) and to the promotion of lasting peace, security

and stability in the DRC and the sub-region;

REAFFIRMING the principle of inviolability of borders inherited from colonisation, as

recognised by the Charter of the OAU;

MINDFUL of relevant UN Security Council resolutions on peace, security and

development in Central Africa and the Great Lakes region;

CONVINCED that there can be no lasting peace or development in the Democratic

Republic of Congo if there is no peace and security in the entire region;

RECOGNISING the need to promote greater economic integration in the region as

the surest means of ensuring lasting peace, security, stability and development in

the region;

CONSIDERING that security and stability will enable each State of the region to

enjoy the right to live peacefully within its national borders;

95

RECOMMEND that the DRC, on the conclusion of the Inter-Congolese Dialogue,

takes the initiative to revive the request for an International Conference to be

organised on issues of peace, security, stability and development in the Great Lakes

region and Central Africa, under the auspices of the UN, the AU, the SADC and the

EU.

Done at Sun City in April, 2002

The Inter-Congolese Dialogue