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)

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Country/entity: Democratic Republic of Congo
Rwanda
Region: 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 - )
The overthrow of the long-term dictator Mobutu Sese Seko by a rebel Tutsi army backed by Uganda and Rwanda in 1997 acted as a catalyst for a war with regional dimensions, mainly fought in the eastern Kivu provinces. The conflict escalated in 1998, when President Laurent Kabila, then backed by Zimbabwean and Angolan troops, ordered Rwanda and Uganda to leave. After Kabila’s assassination in 2001, his son Joseph took over the presidency and won in the 2006 democratic elections.

In the eastern provinces, Tutsi-led militias, mainly organised in the National Congress for the Defense of the People (CNDP), fought the remnants of the Rwandan Hutu force FDLR, with further involvement of Rwandan and Ugandan troops. Other regionally operating militia groups, like the Lord’s Resistance Army from Northern Uganda, the so-called Mai Mai groups or short-lived guerrilla outfits like the March 23 Movement (M23) further contributed, and still contribute, to the complexity of the situation in eastern DRC.
Stage: Framework/substantive - partial
Conflict nature: 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

Agreement document: DRC_RW_020730_PeaceAgreementRwandaDRC.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): 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.

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.

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.

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.

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.

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.

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