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Peace Agreement Between the Governments of the Republic of Rwanda and the Democratic Republic of the Congo on the Withdrawal of the Rwandan Troops from the Territory of the Democratic Republic of the Congo and the Dismantling of the Ex-FAR and Interahamwe Forces in the Democratic Republic of the Congo (DRC)

  • Country/entity

    Democratic Republic of Congo
    Rwanda
  • Region

    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name

    Peace Agreement Between the Governments of the Republic of Rwanda and the Democratic Republic of the Congo on the Withdrawal of the Rwandan Troops from the Territory of the Democratic Republic of the Congo and the Dismantling of the Ex-FAR and Interahamwe Forces in the Democratic Republic of the Congo (DRC)
  • Date

    30 Jul 2002
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Interstate/intrastate conflict(s) ( Congo Civil Wars (1996 - ) )
  • Stage

    Framework/substantive - partial
  • Conflict nature

    Government
  • Peace process

    DRC: Second Congo war process
  • Parties

    The Democratic Republic of Congo; Rwanda
  • Third parties

    African Union, UN, South Africa (facilitator)- unclear whether or who signed
  • Description

    Agreement detailing withdrawal of Rwandan forces from DRC, and DDR of paramilitary forces in DRC. Considerable international involvement envisaged in implementation and monitoring


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1,
    ...
    4. The Democratic Republic of Congo reaffirms its stated legitimate right that the forces of the government of Rwanda withdraw from the territory of the DRC without delay.
  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 2:
    ...
    8.10 The Parties agree that their respective governments would put into place a mechanism for the normalisation of the security situation along their common border. This mechanism may include the presence of an International Force to cooperate with the two countries, in the short term, to secure their common border.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1:
    1. The Lusaka Ceasefire Agreement of 1999 sets out modalities for the tracking down and disarmament of ex-FAR and Interahamwe forces in the territory of the DRC. To date, it has not been possible to effectively implement the decisions relating to these armed groups.

    Page 2:
    7. The DRC government is ready to collaborate with MONUC, the JMC and any other Force constituted by the third party, to assemble and disarm the ex-FAR and Interahamwe in the whole of the territory of the DRC.
    ...
    8.2 The DRC government will collaborate with MONUC and the JMC in the dismantling of the ex-FAR and Interahamwe forces in the DRC.
    ...
    8.9 MONUC should immediately proceed to implement Phase 3 of its DDRR and finalise its deployment in the DRC, especially in the eastern part of the territory.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces
    Page 1:
    ...
    4. The government of the Democratic Republic of the Congo reaffirms its stated legitimate right that the forces of the government of Rwanda withdraw from the territory of the DRC without delay.
    ....
    5. The government of Rwanda reaffirms its readiness to withdraw from the territory of the DRC as soon as effective measures that address its security concerns, in particular the dismantling of the ex-FAR and Interahamwe forces, have been agreed to. Withdrawal should start simultaneously with the implementation of the measures, both of which will be verified by MONUC, JMC and the third party.

    Page 2:
    ...
    8.3 The Rwandan government undertakes to withdraw its troops from the DRC territory, following the process outlined in paragraph 5. This will be according to measures as detailed in the implementation programme.
  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    UN Secretary General signs accompanying Programme of Implementation (see other agreement on this date)
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1:
    ...
    3. The Parties acknowledge that there have been numerous attempts to implement agreements reached between them with regard to this matter. The Parties also acknowledge that the launch of the African Union, recent United Nations resolutions and the involvement of a third party present a window of opportunity to urgently resolve this matter.
    By third party, both parties understand this to refer to the Secretary-General of the United Nations and South Africa, in its dual capacity as Chairperson of the African Union and facilitator of this process.
    The Parties further acknowledge that the resolution of this matter will be a process and not an event.

    Page 2:
    ...
    7. The DRC government is ready to collaborate with MONUC, the JMC and any other Force constituted by the third party, to assemble and disarm the ex-FAR and Interahamwe in the whole of the territory of the DRC.
    ...
    8.4 That MONUC, acting together with all relevant United Nations agencies, should be requested to immediately set up processes to repatriate all Rwandese, ex-FAR and Interahamwe to Rwanda, including those in Kamina, in coordination with the governments of Rwanda and the DRC.
    ...
    8.8 That the United Nations considers changing the mandate of MONUC into a peace-keeping mission.
  • Enforcement mechanism
    Page 2:
    ...
    8.11, That a bilateral team, facilitated by South Africa and the Secretary-General of the United Nations, work on a detailed calendar to implement this agreement.
    8.12 Both Parties commit themselves to accepting the role and findings of the third party in the process of implementing this agreement, and further accept that the commitments and agreements reached in this Peace Agreement are binding.
  • Related cases

    No specific mention.

  • Source
    http://peacemaker.un.org/

Peace Agreement between the Governments of the Democratic Republic of the Congo and the Republic of Rwanda on the Withdrawal of the Rwandan Troops from the Territory of the Democratic Republic of the Congo and the Dismantling of the ex-FAR and Interahamwe Forces in the Democratic Republic of the Congo 1.

The Lusaka Ceasefire Agreement of 1999 sets out modalities for the tracking down and disarmament of ex-FAR and Interahamwe forces in the territory of the DRC.

To date, it has not been possible to effectively implement the decisions relating to these armed groups.

2.

The governments of the Democratic Republic of the Congo and the Republic of Rwanda have sought to find an expeditious manner of implementing these decisions.

3.

The Parties acknowledge that there have been numerous attempts to implement agreements reached between them with regard to this matter.

The Parties also acknowledge that the launch of the African Union, recent United Nations resolutions and the involvement of a third party present a window of opportunity to urgently resolve this matter.

By third party, both parties understand this to refer to the Secretary-General of the United Nations and South Africa, in its dual capacity as Chairperson of the African Union and facilitator of this process.

The Parties further acknowledge that the resolution of this matter will be a process and not an event.

4.

The government of the Democratic Republic of the Congo reaffirms its stated legitimate right that the forces of the government of Rwanda withdraw from the territory of the DRC without delay.

5.

The government of Rwanda reaffirms its readiness to withdraw from the territory of the DRC as soon as effective measures that address its security concerns, in particular the dismantling of the ex-FAR and Interahamwe forces, have been agreed to.

Withdrawal should start simultaneously with the implementation of the measures, both of which will be verified by MONUC, JMC and the third party.

6.

The Interahamwe and ex-FAR armed groups fled to various countries, including the DRC, after participating in the 1994 genocide in Rwanda.

The DRC government states that it does not wish to have these armed groups present in the territory of the DRC.

The DRC government does not want its territory to be used as a base for attacks against its neighbouring countries.

3 S/2002/914 7.

The DRC government is ready to collaborate with MONUC, the JMC and any other Force constituted by the third party, to assemble and disarm the ex-FAR and Interahamwe in the whole of the territory of the DRC.

8.

In this regard, the Parties agree as follows:

8.1 The DRC government will continue with the process of tracking down and disarming the Interahamwe and ex-FAR within the territory of the DRC under its control.

8.2 The DRC government will collaborate with MONUC and the JMC in the dismantling of the ex-FAR and Interahamwe forces in the DRC.

8.3 The Rwandan government undertakes to withdraw its troops from the DRC territory, following the process outlined in paragraph 5.

This will be according to measures as detailed in the implementation programme.

8.4 That MONUC, acting together with all relevant United Nations agencies, should be requested to immediately set up processes to repatriate all Rwandese, ex-FAR and Interahamwe to Rwanda, including those in Kamina, in coordination with the governments of Rwanda and the DRC.

8.5 The governments of the DRC and Rwanda would provide the facilitator of this meeting and the Secretary-General of the United Nations with all the information in their possession relating to these armed groups.

8.6 The third party will take responsibility for verifying whatever information received, through whatever measures deemed necessary.

8.7 The Parties agree to accept the verification report from the third party.

8.8 That the United Nations considers changing the mandate of MONUC into a peace-keeping mission.

8.9 MONUC should immediately proceed to implement Phase 3 of its DDRR and finalise its deployment in the DRC, especially in the eastern part of the territory.

8.10 The Parties agree that their respective governments would put into place a mechanism for the normalisation of the security situation along their common border.

This mechanism may include the presence of an International Force to cooperate with the two countries, in the short term, to secure their common border.

8.11 That a bilateral team, facilitated by South Africa and the Secretary-General of the United Nations, work on a detailed calendar to implement this agreement.

8.12 Both Parties commit themselves to accepting the role and findings of the third party in the process of implementing this agreement, and further accept that the commitments and agreements reached in this Peace Agreement are binding.

4 S/2002/914 Programme of Implementation of the Peace Agreement between the Governments of the Democratic Republic of the Congo and the Republic of Rwanda on the Withdrawal of the Rwandan Troops from the Territory of the Democratic Republic of the Congo and the Dismantling of the ex-FAR and Interahamwe Forces in the Democratic Republic of the Congo The governments of the Republic of Rwanda and the Democratic Republic of the Congo, with the understanding that:

– The third party, defined in the main agreement as the Secretary-General of the United Nations and South Africa, in its dual capacity as Chairperson of the African Union and as facilitator, will, throughout the process of implementing the programme as agreed to by the parties, take authority over the management of the programme. –

The third party commits itself to continuously overseeing and verifying the processes that will be undertaken by both parties in the spirit of executing the commitments made in the Peace Agreement. –

The third party shall establish, for the purpose of overseeing and verifying the implementation of this programme, a Permanent Secretariat, to be determined by the third party. –

Both Parties further agree to commit themselves to accepting as final verification reports by the third party and consider this agreement to be binding.

hereby commit themselves to the following calendar of events:

Principle in Peace Agreement Activity Time frame Responsibility Formal signing of the Agreement between Government of Rwanda and the DRC on the withdrawal of the Rwandan troops from the DRC territory and dismantling of the exFAR and Interahamwe forces in the DRC, in the presence of the United Nations Secretary-General and President Thabo Mbeki, Chairperson of the African Union.

D1 Governments of Rwanda and the Democratic Republic of the Congo and third party 5 Declaration of withdrawal by the Government of Rwanda on the basis of this agreement and the time-table thereof.

D1 Rwanda Rwanda to submit detailed plans/programme for withdrawal.

D5-10 Rwanda 5 S/2002/914 Principle in Peace Agreement Activity Time frame Responsibility 8.6 Establishment of the verification mechanism and implementation structure by the third party (in liaison with signatories, where necessary) D5-90 Third party 8.5 Communication of information to the third party’s verification structure on relevant matters by both parties, including information on ex-FAR and Interahamwe D5-90 Rwanda and DRC 8.6 Verification process of information received begins D10-90 Third party 8.9 Finalisation of MONUC Phase 3 deployment D1-15 MONUC 7 Establishment and operationalisation of the assembly points for the holding of ex-FAR and Interahamwe, including securing of the assembly points in terms of MONUC and JMC processes D5-25 MONUC, JMC and third party 8.6 Verification of the establishment and functionality of assembly points D5-75 Third party 8.1 Tracking down, disarming and dismantling Interahamwe and exFAR leaders and troops D10-90 MONUC, DRC, JMC, Rwanda1 and third party 8.9 Movement to assembly areas of exFAR and Interahamwe and its leadership D15-90 MONUC Verification/monitoring of dismantling and cessation of support to ex-FAR and Interahamwe D10-90 Third party, JMC and MONUC 8.4 Repatriation of ex-FAR and Interahamwe forces D30-90 Rwanda, DRC, MONUC and third party 1 Rwanda’s and DRC’s participation will depend on the extent to which they control the areas related to the task, as determined by the Third party.

6 S/2002/914 Principle in Peace Agreement Activity Time frame Responsibility 5 and 8.3 Verification of process of repatriation D30-90 Third party 5 Withdrawal of Rwandan troops D45-90 Rwanda 8.6 Verification of process of withdrawal D45-90 Third party and MONUC 8.6 Final verification process on completion of the 90 day Programme of Action D90-120 Third party Submission of final report D90-120 Third party Normalisation of relations between the two countries D1- ongoing DRC and Rwanda (Signed) Joseph Kabila (Signed) Paul Kagame President President For the Government of the For the Government of the Democratic Republic of Republic of Rwanda the Congo (Signed) Thabo M. Mbeki (Signed) Kofi Annan President of the Secretary-General of Republic of South Africa the United Nations For the third party