Accord Politique pour la gestion consensuelle de la transition en République Démocratique du Congo
- Country/entity
-
Democratic Republic of Congo
- Region
-
Africa (excl MENA)
- Agreement name
- Accord Politique pour la gestion consensuelle de la transition en République Démocratique du Congo
- Date
- 19 Apr 2002
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Framework/substantive - partial
- Conflict nature
- Government
- Peace process
- DRC: Second Congo war process
- Parties
-
Pour le gouvernement de la République Démocratique du Congo
Augustin Katumba Mwanke
Pour le Mouvement de Libération du Congo
Olivier Kamitatu Etsu
Pour le Rassemblement Congolais pour la Démocratie-Mouvement de Libération
Ernest Wamba dia Wamba
Mbusa Nyamwisi
Kambale Bahekwa
John Tibasima Atenyi
Pour le Rassemblement Congolais pour La Démocratie-National
Roger Lumbala
Dieudonné Kahasa
Pour les Mayi Mayi
Anselme Enerunga, porte parole du gén. Padiri
Yaka Swedy Kosco, pour le Comdt Dunia
Mbilizi Piko, pour le gén. Padiri
Elias Mulungula Hobigera, représ. du gén. Alunda
Kakule Sikuli Lafontaine, chef Mayi Mayi grand Nord
Raphaël Luhulu Lunghe, Comdt Grégoire Kayobo
Pour les Formations et organisations De l’Opposition politique
CODEP Raymond Tshibanda
UDRC Mokonda Bonza
UNADEF Soki Fuani Eyenga
FCI Badingaka Nicolas
FRUONAR Mulangala Médard
FSDD Marie Jeanne Nzola
PNCD Dr. Ngandu Lejabuliza
MPR fait privé Omari Lea Sisi
UNAFEC Kisimba Ngoy
PDSC André Bo-Boliko
ROM Patrice Aimé Sesanga
FSD/DC Eugène Diomi Ndongala
EGO et ROC Arthur Z’Ahidi Ngoma
MSDD Christophe Lutundula
FCN/CAD Gérard Kamanda
PIONNIERS Justin-Marie Bomboko
FPC Aziz Kumbi
DCF/N Venant Tshipasa
Opp. Pol.ext./ Afrique Prof. N.Y. Muyima
Pour les Forces Vives
Société Civile/Equateur Yves Mobando
Société Civile Jean Batoma
Société Civile/Katanga Déo Flwanakibulu Ngoy
Société Civile/Bandundu Sylvain Delma Mbo
Forces Vives/Sud Kivu Mwami Kabare
Forces Vives/FEC Athanase Matenda
Société Civile/Kinshasa Bahati Lukwebo
Société Civile/Maniema Bernard Tabezi Pene Magu
Société Civile/Sud Kivu Gervais Chirhalwirwa
Société Civile/Katanga-Kalemie Jean Manda Kansabala
Société Civile/Katanga Jacqueline Rumbu
Chef de délégation Soc.Civ. Katanga Mgr Ngoyi
Bâtonnier Moka Ngolo
L’Intersyndicale du Congo Steve Mbikayi
Société Civile/Equateur Gertrude Ekumbe Ekolo
Société Civile/Ituri Henriette Dhesi Dile
Société Civile/Province orientale Béatrice Lomeya
Société Civile/Katanga Vicky Katumwa
Société Civile/Intersyndicale Chérubin Okende Senga
Société Civile/Province de Kinshasa Marie Madeleine Kalala
Société Civile/Délégation de Bunia Abbé Sakpa Kiguma
Société Civile/Bas-Congo Marceline Kibungi
Société Civile de l’Ituri Bhavira Michel
Société Civile du Nord Kivu Abbé Muholongu Malu Malu
Société Civile de Bandundu (Kikwit) Viviane Kibuluku
Société Civile/Nord Kivu (Beni) Dyna Masika Yalala
Société Civile/Equateur Toussaint Balay
Société Civile Bas Uele (illisible)
Société Civile/Ituri Dr. Amuli Alimasi
Société Civile/Maniema Azama Asani
Société Civile/Bandundu Sébastien Mawetemoke Mbokoso
Société Civile/Prov. Orientale (Buta) Raymond Tebulani Enkose
Société Civile/Bandundu Dr. Anicet Kipasa Mungala
Société Civile/Kinshasa Mbelu Brosha
Société Civile Modeste Mutinga
Société Civile/Equateur (Gemena) Selinga K.W.
Société Civile/Kinshasa Georges Kombo Tonga Booke
Société Civile/Nord Kivu Denis Masumbuko Ngwasi
Société Civile/Prov. Or. (Kisangani) (illisible)
Société Civile/Kasaï Oriental Gertrude Biaya Ndaya
Société Civile/Sud Kivu Aurélie Bitondo
Société Civile/Kinshasa Pierre Anatole Matusila (porte-parole)
Société Civile/Bas-Congo Mgr. Philippe Dinzolele
Société Civile R.P. Jean-Luc Kuye (président)
Société Civile/Maniema Ramazani Kabengwe - Third parties
- -
- Description
- This agreement addresses the structures and functioning of transitional institutions. Specifically it provides for the their mandates and compositions of the transitional government, the presidency, the national assembly, the Senate, the Courts and Tribunals, Armed Forces and a working group for the transitional constitution project.
- Agreement document
- CD_020419_AccordPolitiqueGestionConsensuelleTransition_tr.pdf (opens in new tab) | Download PDF
- Agreement document (original language)
- CD_020419_AccordPolitiqueGestionConsensuelleTransition_FR.pdf (opens in new tab)
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 6, Article 18:
The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï. - 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)
- Governance→Political institutions (new or reformed)→Temporary new institutionsPage 2, Article 1:
During the transition,
Mr Joseph KABILA shall be President of the Republic, Head of State.
Mr Jean-Pierre BEMBA shall be Prime Minister. The Prime Minister shall be the Head of Government and president of the Council of Ministers.
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.
Page 2, Article 2:
The transitional institutions in the Democratic Republic of Congo are:
the President of the Republic;
the National Assembly;
the Senate;
the Government;
the Courts and Tribunals.
Page 3, Article 6:
The Prime Minister shall be the head of the transitional government.
He shall chair the Council of Ministers.
At the government’s request the President of the Republic may chair the Council of Ministers.
In exceptional situations, after consultation and at the invitation of the President of the Republic, the Prime Minister may convene the Council of Ministers in a meeting chaired by the President of the Republic.
The Prime Minister shall exercise regulatory power by means of decrees debated in the Council of Ministers.
The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.
Page 3-4, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.
Page 4, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and civilian security services.
It shall be fully responsible for managing State business and shall be answerable for this to the National Assembly.
The National Assembly shall manage the government, State services and public organisations by means of written questions, oral questions which may or may not be followed by debate with no vote, news questions, commissions of enquiry and of appeal.
Given the consensual nature of the transitional institutions, the Parliament may not bring a vote of no confidence in the Prime Minister or his government.
Ministers shall be personally accountable, and in case of serious transgression, shall be replaced from the component which nominated them.
Page 5, Article 12:
...
The Senate shall be responsible for:
mediating conflicts between institutions;
carrying out preparatory work on the constitution which will govern the country after the transition;
organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future.
Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
...
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Page 6, Article 15:
Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders.
Page 6, Article 19:
The parties agree to take all necessary measures to ensure that the new institutions of the Democratic Republic of Congo are established as soon as possible. - Elections
No specific mention.
- Electoral commission
- Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces. - Political parties reform
No specific mention.
- Civil society
- Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces. - Traditional/religious leaders
No specific mention.
- Public administration
- Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security. - Constitution
- Governance→Constitution→Constitutional reform/makingPage 3, Article 4:
Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.
This agreed timescale shall be included in the transitional constitution.
Page 5, Article 12:
...
The Senate shall be responsible for:
...
carrying out preparatory work on the constitution which will govern the country after the transition;
Power sharing
- Political power sharing
- Power sharing→Political power sharing→Executive coalitionPage 2, Article 1:
During the transition,
Mr Joseph KABILA shall be President of the Republic, Head of State.
Mr Jean-Pierre BEMBA shall be Prime Minister. The Prime Minister shall be the Head of Government and president of the Council of Ministers.
. . .
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.Power sharing→Political power sharing→Proportionality in legislaturePage 2, Article 1:
...
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.
Page 4-5, Article 11:
The National Assembly shall be fully representative of the national territory.
It shall consist of 425 members designated by the components and entities of the Inter-Congolese Dialogue.
Members of the National Assembly shall be called “Deputies”.
They shall have a national mandate.
The Office of the National Assembly shall include:
a President;
two deputy Presidents;
a secretary-rapporteur;
a deputy secretary-rapporteur;
No component or entity of the Inter-Congolese Dialogue may have more than one member in the Office of the National Assembly.
The National Assembly shall develop laws and oversee government business.
Page 5, Article 12:
The Senate shall be representative of the provinces and the city of Kinshasa. It shall consist of 65 members.
No component or entity may designate more than one member per province.
...
No element or entity may have more than one member in the Office of the Senate.Power sharing→Political power sharing→Other proportionalityPage 2, Article 1:
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Page 6, Article 17:
A working group representing all of the elements and entities shall be established to develop the transitional constitution project.Power sharing→Political power sharing→Form of 'veto' or communal majorityPage 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Page 3, Article 4:
Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.
This agreed timescale shall be included in the transitional constitution.
Page 3, Article 6:
The Prime Minister shall be the head of the transitional government.
...
The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.
Page 3-4, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries. - Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
- Power sharing→Military power sharing→Merger of forcesPage 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.Power sharing→Military power sharing→Joint command structures. . .
Page 5, Article 13:
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
Page 6, Article 16:
The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.
To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities.
Human rights and equality
- Human rights/RoL general
- Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces. - 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
- Page 5, Article 12:
...
The Senate shall be responsible for:
...
organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future. - Detention procedures
No specific mention.
- Media and communication
- Rights related issues→Media and communication→Governance of mediaPage 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces. - 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
- Justice sector reform→Criminal justice and emergency law→Reform to specific lawsArticle 5
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
... The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:
... the announcement of a state of emergency, - State of emergency provisions
- Page 3, Article 5,
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
… the announcement of a state of siege,
the announcement of a state of emergency, - Judiciary and courts
- Page 2, Article 2:
The transitional institutions in the Democratic Republic of Congo are:
...
the Courts and Tribunals.
Page 6, Article 14:
Following the appointment of the first President of the Supreme Court of Justice and the Procurator General of the Republic, the transitional institutions shall be established. The President of the Republic and the Prime Minister shall determine the procedures for this. - 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
- Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services. - 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 6, Article 15:
Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders. - Ceasefire
No specific mention.
- Police
- Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security. - Armed forces
- Page 2, Article 1:
During the transition,
...
The President of the Senate shall come from the unarmed political Opposition.
Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall be the supreme commander of the armed forces.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall be the supreme commander of the armed forces.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Page 3, Article 5:
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
The Superior Defence Council shall be chaired by the President of the Republic.
The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:
the establishment of a national army,
the command and engagement structure of the armed forces,
the appointment of key military personnel,
the appointment of senior and regular officers,
the order to engage troops,
the announcement of a state of siege,
the announcement of a state of emergency,
the declaration of war,
dealing with all matters relating to the National Defence.
Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security.
Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Page 6, Article 16:
The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.
To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities. - DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
- Page 2, Article 1:
During the transition,
...
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.
Page 3, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.
Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Page 6, Article 18:
The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï. - Withdrawal of foreign forces
No specific mention.
- Corruption
- Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period. - 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
- Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
...
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Source
- http://peacemaker.un.org/
Source agreement
POLITICAL AGREEMENT FOR THE CONSENSUAL MANAGEMENT OF THE TRANSITION IN THE DEMOCRATIC REPUBLIC OF CONGO
Article 1
During the transition,
Mr Joseph KABILA shall be President of the Republic, Head of State.
Mr Jean-Pierre BEMBA shall be Prime Minister.
The Prime Minister shall be the Head of Government and president of the Council of Ministers.
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.
Article 2
The transitional institutions in the Democratic Republic of Congo are:
the President of the Republic;
the National Assembly;
the Senate;
the Government;
the Courts and Tribunals.
Article 3
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
He shall represent the nation.
He shall promulgate the laws.
He shall be the supreme commander of the armed forces.
He shall enact ordinances within the remit of those prerogatives recognised in the constitution.
He shall accredit ambassadors and special envoys.
He shall grant accreditation to foreign ambassadors and special envoys.
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
Article 4
Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.
This agreed timescale shall be included in the transitional constitution.
Article 5
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
The Superior Defence Council shall be chaired by the President of the Republic.
The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:
the establishment of a national army,
the command and engagement structure of the armed forces,
the appointment of key military personnel,
the appointment of senior and regular officers,
the order to engage troops,
the announcement of a state of siege,
the announcement of a state of emergency,
the declaration of war,
dealing with all matters relating to the National Defence.
Article 6
The Prime Minister shall be the head of the transitional government.
He shall chair the Council of Ministers.
At the government’s request the President of the Republic may chair the Council of Ministers.
In exceptional situations, after consultation and at the invitation of the President of the Republic, the Prime Minister may convene the Council of Ministers in a meeting chaired by the President of the Republic.
The Prime Minister shall exercise regulatory power by means of decrees debated in the Council of Ministers.
The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.
Article 7
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate.
For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.
Article 8
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security.
It shall be fully responsible for managing State business and shall be answerable for this to the National Assembly.
The National Assembly shall manage the government, State services and public organisations by means of written questions, oral questions which may or may not be followed by debate with no vote, news questions, commissions of enquiry and of appeal.
Given the consensual nature of the transitional institutions, the Parliament may not bring a vote of no confidence in the Prime Minister or his government.
Ministers shall be personally accountable, and in case of serious transgression, shall be replaced from the component which nominated them.
Article 9
In addition to the Prime Minister, the government shall include Deputy Prime Ministers, Ministers and Deputy Ministers.
The Ministries for collaboration between the President of the Republic and the government are the Ministries of Foreign Affairs, of Defence and of the Interior.
Article 10
The Prime Minister shall keep the President of the Republic fully informed about matters of State.
To this end, the Prime Minister shall inform the President of the Republic of items on the agenda of the Council of Ministers and of decisions taken there.
Article 11
The National Assembly shall be fully representative of the national territory.
It shall consist of 425 members designated by the components and entities of the Inter-Congolese Dialogue.
Members of the National Assembly shall be called “Deputies”.
They shall have a national mandate.
The Office of the National Assembly shall include:
a President;
two deputy Presidents;
a secretary-rapporteur;
a deputy secretary-rapporteur;
No component or entity of the Inter-Congolese Dialogue may have more than one member in the Office of the National Assembly.
The National Assembly shall develop laws and oversee government business.
Article 12
The Senate shall be representative of the provinces and the city of Kinshasa.
It shall consist of 65 members.
No component or entity may designate more than one member per province.
They must be aged at least 40 at the time of their appointment.
The Office of the Senate shall include:
a President;
two deputy Presidents;
a secretary-rapporteur;
a deputy secretary-rapporteur.
No element or entity may have more than one member in the Office of the Senate.
The Senate shall be responsible for:
mediating conflicts between institutions;
carrying out preparatory work on the constitution which will govern the country after the transition;
organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future.
Article 13
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Article 14
Following the appointment of the first President of the Supreme Court of Justice and the Procurator General of the Republic, the transitional institutions shall be established.
The President of the Republic and the Prime Minister shall determine the procedures for this.
Article 15
Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders.
Article 16
The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.
To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities.
Article 17
A working group representing all of the elements and entities shall be established to develop the transitional constitution project.
Article 18
The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï.
Article 19
The parties agree to take all necessary measures to ensure that the new institutions of the Democratic Republic of Congo are established as soon as possible.
Article 20
The parties invite the international community, in particular the United Nations, the African Union, the European Union, the Republic of South Africa, Zambia, and the United States of America, to support the present Agreement.
Article 21
The signatory parties shall commit to the present Agreement from the date of signing.
Done at Sun City 19 April 2002
Signatures
Pour le gouvernement de la République Démocratique du Congo
Augustin Katumba Mwanke
Pour le Mouvement de Libération du Congo
Olivier Kamitatu Etsu
Pour le Rassemblement Congolais pour la Démocratie-Mouvement de Libération
Ernest Wamba dia Wamba
Mbusa Nyamwisi
Kambale Bahekwa
John Tibasima Atenyi
Pour le Rassemblement Congolais pour La Démocratie-National
Roger Lumbala
Dieudonné Kahasa
Pour les Mayi Mayi
Anselme Enerunga, porte parole du gén.
Padiri
Yaka Swedy Kosco, pour le Comdt Dunia
Mbilizi Piko, pour le gén.
Padiri
Elias Mulungula Hobigera, représ.
du gén.
Alunda
Kakule Sikuli Lafontaine, chef Mayi Mayi grand Nord
Raphaël Luhulu Lunghe, Comdt Grégoire Kayobo
Pour les Formations et organisations De l’Opposition politique
CODEP Raymond Tshibanda
UDRC Mokonda Bonza
UNADEF Soki Fuani Eyenga
FCI Badingaka Nicolas
FRUONAR Mulangala Médard
FSDD Marie Jeanne Nzola
PNCD Dr. Ngandu Lejabuliza
MPR fait privé Omari Lea Sisi
UNAFEC Kisimba Ngoy
PDSC André Bo-Boliko
ROM Patrice Aimé Sesanga
FSD/DC Eugène Diomi Ndongala
EGO et ROC Arthur Z’Ahidi Ngoma
MSDD Christophe Lutundula
FCN/CAD Gérard Kamanda
PIONNIERS Justin-Marie Bomboko
FPC Aziz Kumbi
DCF/N Venant Tshipasa
Opp. Pol.ext./ Afrique Prof. N.Y. Muyima
Pour les Forces Vives
Société Civile/Equateur Yves Mobando
Société Civile Jean Batoma
Société Civile/Katanga Déo Flwanakibulu Ngoy
Société Civile/Bandundu Sylvain Delma Mbo
Forces Vives/Sud Kivu Mwami Kabare
Forces Vives/FEC Athanase Matenda
Société Civile/Kinshasa Bahati Lukwebo
Société Civile/Maniema Bernard Tabezi Pene Magu
Société Civile/Sud Kivu Gervais Chirhalwirwa
Société Civile/Katanga-Kalemie Jean Manda Kansabala
Société Civile/Katanga Jacqueline Rumbu
Chef de délégation Soc.
Civ.
Katanga Mgr Ngoyi
Bâtonnier Moka Ngolo
L’Intersyndicale du Congo Steve Mbikayi
Société Civile/Equateur Gertrude Ekumbe Ekolo
Société Civile/Ituri Henriette Dhesi Dile
Société Civile/Province orientale Béatrice Lomeya
Société Civile/Katanga Vicky Katumwa
Société Civile/Intersyndicale Chérubin Okende Senga
Société Civile/Province de Kinshasa Marie Madeleine Kalala
Société Civile/Délégation de Bunia Abbé Sakpa Kiguma
Société Civile/Bas-Congo Marceline Kibungi
Société Civile de l’Ituri Bhavira Michel
Société Civile du Nord Kivu Abbé Muholongu Malu Malu
Société Civile de Bandundu (Kikwit) Viviane Kibuluku
Société Civile/Nord Kivu (Beni) Dyna Masika Yalala
Société Civile/Equateur Toussaint Balay
Société Civile Bas Uele (illisible)
Société Civile/Ituri Dr. Amuli Alimasi
Société Civile/Maniema Azama Asani
Société Civile/Bandundu Sébastien Mawetemoke Mbokoso
Société Civile/Prov.
Orientale (Buta) Raymond Tebulani Enkose
Société Civile/Bandundu Dr. Anicet Kipasa Mungala
Société Civile/Kinshasa Mbelu Brosha
Société Civile Modeste Mutinga
Société Civile/Equateur (Gemena) Selinga K.W.
Société Civile/Kinshasa Georges Kombo Tonga Booke
Société Civile/Nord Kivu Denis Masumbuko Ngwasi
Société Civile/Prov.
Or. (
Kisangani) (illisible)
Société Civile/Kasaï Oriental Gertrude Biaya Ndaya
Société Civile/Sud Kivu Aurélie Bitondo
Société Civile/Kinshasa Pierre Anatole Matusila (porte-parole)
Société Civile/Bas-Congo Mgr.
Philippe Dinzolele
Société Civile R.P. Jean-Luc Kuye (président)
Société Civile/Maniema Ramazani Kabengwe
An initial agreement governing relations between the President of the Republic and the President of the Congo Liberation Movement, was signed in 17 April 2002, by experts from both parties.
For the Government of the Democratic Republic of Congo:
Augustin Katumba Mwanke, Théophile Mbemba, Samba Kaputo, Vital Kamerhe, Ntumba Luaba and Colonel Didier Etumba.
For the Congo Liberation Movement, Olivier Kamitatu, François Muamba, Lunda-Bululu, Thwambe-Mwamba, José Endundo and Commander Valentin Senga.
This agreement was approved by persons and several high moral authorities from all the components of the Inter-Congolese Dialogue.