Joint communiqué of the Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda on a common approach to ending the threat posted to peace and stability in both countries and the Great Lakes region

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Country/entity: Democratic Republic of Congo
Rwanda
African Great Lakes
Region: Africa (excl MENA)
Agreement name: Joint communiqué of the Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda on a common approach to ending the threat posted to peace and stability in both countries and the Great Lakes region
Date: 9 Nov 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Stage: Framework/substantive - comprehensive
Conflict nature: Government
Peace process: DRC: Eastern DRC processes
Parties: For the Government of the Democratic Republic of the Congo:
(Signed) Antipas Mbusa Nyamwisi, State Minister for Foreign Affairs

For the Government of the Republic of Rwanda:
(Signed) Charles Murigande, Minister for Foreign Affairs
Third parties: For the United Nations
(Signed) Haile Menkerios, Assistant Secretary-General for Political Affairs

For the European Union,
(Signed) Roeland van de Geer, Special Representative for the Great Lakes Region

For the United States of America
(Signed) Timothy Shortley

Senior Adviser to the Assistant Secretary,
Jendayi Frazer, for Conflict Resolution Department of State
Description: This is an agreement recognising that peace and security in DRC and the Great Lake region is only possible when the threats from armed national and foreign groups and their politico-military organisations are eliminated. This document deals with the ex-FAR/Interahamwe in particular. The two countries affirm their respect for each other’s sovereignty and their willingness to cooperate in the dismantling of the threat posed by the ex-FAR/Interahamwe. They will not politically, materially or militarily support directly or indirectly any armed groups operating in DRC, they will exchange information and deal with common interest through the existing verification mechanisms and the tripartite commission. They affirm they will not use negative propaganda against each other. There are specifics for each governments on what they agree to do as well as specifics that they both agree to do. The document includes a call to their international partners witness to this joint communiqué and others.

Agreement document: DRC_RW_AGL_071109_NairobiJointCommunique.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: Groups→Refugees/displaced persons→Substantive
Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (e) Commit to take all necessary measures to encourage and enable refugees to return home;

Page 5, Annex,
12. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda call upon the international partners witnessing this communiqué, and other partners the two signatories to this communiqué may agree on:
... (b) To actively support the protection of civilians and the provision of humanitarian assistance to IDPs, refugees and those in need.
Social class: No specific mention.

Gender

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

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (f) Commit to actively support and facilitate the provision of humanitarian assistance to civilians in need, irrespective of political and ethnic affiliation;
(g) Undertake to minimize the negative impact of the agreed operations against the ex-FAR/Interahamwe on civilian populations and take measures to ensure the protection of civilians, as well as compliance of their forces with international humanitarian and human rights law;
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: Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (d) Cooperate in bringing to justice those accused of having committed war crimes, crimes against humanity and genocide;

Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (f) Commit to actively support and facilitate the provision of humanitarian assistance to civilians in need, irrespective of political and ethnic affiliation;
(g) Undertake to minimize the negative impact of the agreed operations against the ex-FAR/Interahamwe on civilian populations and take measures to ensure the protection of civilians, as well as compliance of their forces with international humanitarian and human rights law;
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: Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
(a) Establish strict border controls and prevent illicit cross-border movement of combatants or recruits, arms, military material, food or medical support for any armed groups;
(b) Refrain from aiding and abetting (arming, facilitating movement, allowing recruitment, financing, providing sanctuary, etc.) any armed group;
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (f) Commit to actively support and facilitate the provision of humanitarian assistance to civilians in need, irrespective of political and ethnic affiliation;
(g) Undertake to minimize the negative impact of the agreed operations against the ex-FAR/Interahamwe on civilian populations and take measures to ensure the protection of civilians, as well as compliance of their forces with international humanitarian and human rights law;

13. MONUC will protect civilians, in accordance with its mandate, against
the negative impact of operations against the ex-FAR/Interahamwe and
monitor compliance with recognized standards of international
humanitarian and human rights law.
Other: Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (g) Undertake to minimize the negative impact of the agreed operations against the ex-FAR/Interahamwe on civilian populations and take measures to ensure the protection of civilians, as well as compliance of their forces with international humanitarian and human rights law;

Page 5, Annex,
13. MONUC will protect civilians, in accordance with its mandate, against the negative impact of operations against the ex-FAR/Interahamwe and monitor compliance with recognized standards of international humanitarian and human rights law.

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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 3, Annex,
9. The Government of the Democratic Republic of the Congo commits to:
... (b) Launch military operations, as a matter of urgency, to dismantle the ex-FAR/Interahamwe as a genocidal military organization in the DRC. Such operations should be simultaneously conducted with operations to dismantle illegal armed groups in North and South Kivu;
(c) Identify and commit the necessary resources to implement the military components of the plan;
(d) The plan shall include the following elements:
(d)(i) Reactivation and streamlining, in parallel with military pressure, existing efforts to sensitize ex-FAR/Interahamwe elements to disarm and repatriate to Rwanda;
DDR: Security sector→DDR→DDR programmes
Page 3, Annex,
9. The Government of the Democratic Republic of the Congo commits to:
(a) Prepare, by 1 December 2007, a detailed plan to disarm and address the threat posed by the ex-FAR/Interahamwe. MONUC will be requested to provide support to the planning and subsequent implementation consistent with its mandate and capacities. The plan will be shared with the Rwandan Government by 1 December 2007;
... (ii) Temporary relocation of disarmed ex-FAR/Interahamwe elements to reception centres/cantonment sites in the DRC; registration by MONUC under the existing DDRRR procedures and repatriation of those who choose to return to Rwanda;
(iii) With the help of relevant international organizations, moving of the disarmed ex-FAR/Interahamwe who do not wish to return to Rwanda and who are not wanted for genocide by Rwandan justice or the International Criminal Tribunal for Rwanda (ICTR), away from the border until their condition is normalized;
... (b) Launch military operations, as a matter of urgency, to dismantle the ex-FAR/Interahamwe as a genocidal military organization in the DRC. Such operations should be simultaneously conducted with operations to dismantle illegal armed groups in North and South Kivu;
(c) Identify and commit the necessary resources to implement the military components of the plan;
(d) The plan shall include the following elements:
(d)(i) Reactivation and streamlining, in parallel with military pressure, existing efforts to sensitize ex-FAR/Interahamwe elements to disarm and repatriate to Rwanda;

Page 4, Annex,
10. The Government of the Republic of Rwanda commits to:
... (d) Encourage, through appropriate programmes, ex-FAR/ Interahamwe members and their dependents to return home and facilitate their effective socio-economic reintegration;

Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (c) Call upon all Congolese associated with the ex-FAR/ Interahamwe to leave the group immediately and definitely; disarmed combatants that are found to be Congolese or are eligible to become Congolese in accordance with relevant national legislation, shall not be subject to repatriation; these will be registered, and a list identifying them will be shared with the Government of Rwanda;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2-3, Annex,
Have reiterated the following:
1. Peace and security in the DRC and the Great Lakes region can only be achieved once the threat posed by all foreign and national armed groups in the DRC and their politico-military organizations is addressed;
2. The ex-FAR/Interahamwe constitutes a major threat to peace and security of Rwanda, the DRC, and the countries in the Great Lakes region in general, as well as to the Congolese population;
3. The presence of irregular Congolese armed groups in eastern DRC equally poses a threat to peace and security in the DRC and the entire Great Lakes region;
4. We both reaffirm our commitment to respect and uphold each other’s sovereignty, and reiterate our commitment to fully cooperate and implement a common approach to dismantle the ex-FAR/Interahamwe as a genocidal military organization operating in the territory of the DRC;
5. We fully commit to prevent the direct or indirect support — political, material or human — to any national and foreign armed group operating in the DRC;
6. We shall share information, and address issues of common concern through existing mechanisms, in particular the Joint Verification Mechanism and the Tripartite Plus Commission;
7. We shall immediately assign the members to the Joint Verification Teams in Goma and Gisenyi as well as in Bukavu and Cyangugu;
8. We commit to refrain from any negative propaganda against each other.
9. The Government of the Democratic Republic of the Congo commits to:
(a) Prepare, by 1 December 2007, a detailed plan to disarm and address the threat posed by the ex-FAR/Interahamwe. MONUC will be requested to provide support to the planning and subsequent implementation consistent with its mandate and capacities. The plan will be shared with the Rwandan Government by 1 December 2007;
... (ii) Temporary relocation of disarmed ex-FAR/Interahamwe elements to reception centres/cantonment sites in the DRC; registration by MONUC under the existing DDRRR procedures and repatriation of those who choose to return to Rwanda;
(iii) With the help of relevant international organizations, moving of the disarmed ex-FAR/Interahamwe who do not wish to return to Rwanda and who are not wanted for genocide by Rwandan justice or the International Criminal Tribunal for Rwanda (ICTR), away from the border until their condition is normalized;
... (b) Launch military operations, as a matter of urgency, to dismantle the ex-FAR/Interahamwe as a genocidal military organization in the DRC. Such operations should be simultaneously conducted with operations to dismantle illegal armed groups in North and South Kivu;
(c) Identify and commit the necessary resources to implement the military components of the plan;
(d) The plan shall include the following elements:
(d)(i) Reactivation and streamlining, in parallel with military pressure, existing efforts to sensitize ex-FAR/Interahamwe elements to disarm and repatriate to Rwanda;

Page 4, Annex,
10. The Government of the Republic of Rwanda commits to:
(a) Take all necessary measures to seal its border to prevent the entry into or exit from its territory of members of any armed group, renegade militia leaders, Nkunda’s group in particular, and prevent any form of support — military, material or human — being provided to any armed group in the DRC;
(b) Share with the Government of the DRC and MONUC a list of wanted génocidaires (all categories);
(c) Refrain from statements in support of any armed group in the DRC;
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
(a) Establish strict border controls and prevent illicit cross-border movement of combatants or recruits, arms, military material, food or medical support for any armed groups;
(b) Refrain from aiding and abetting (arming, facilitating movement, allowing recruitment, financing, providing sanctuary, etc.) any armed group;
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→International courts
Page 3, Annex,
9. The Government of the Democratic Republic of the Congo commits to:
... (iii) With the help of relevant international organizations, moving of the disarmed ex-FAR/Interahamwe who do not wish to return to Rwanda and who are not wanted for genocide by Rwandan justice or the International Criminal Tribunal for Rwanda (ICTR), away from the border until their condition is normalized;
(iv) Arrest and handing over to the ICTR and Rwanda of those indicted for crimes of genocide, crimes against humanity or war crimes;

Page 4, Annex,
11. The Government of the Democratic Republic of the Congo and the Government of the Republic of Rwanda agree to:
... (d) Cooperate in bringing to justice those accused of having committed war crimes, crimes against humanity and genocide;
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: Page 5, Annex,
For the United Nations
(Signed) Haile Menkerios, Assistant Secretary-General for Political Affairs
Other international signatory: Page 5, Annex,
For the European Union,
(Signed) Roeland van de Geer, Special Representative for the Great Lakes Region

For the United States of America
(Signed) Timothy Shortley
Senior Adviser to the Assistant Secretary, Jendayi Frazer, for Conflict Resolution Department of State
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 5, Annex,
15. The United Nations, the African Union, the European Union, the United States, South Africa and other partners the two signatories to this communiqué may agree on, together with representatives of the two parties, shall be invited to facilitate and monitor the implementation of this agreement.
Related cases: No specific mention.
Source: http://peacemaker.un.org/

Annex

[Original:

English and French]

Joint communiqué of the Government of the Democratic Republic

of the Congo and the Government of the Republic of Rwanda on a

common approach to ending the threat posed to peace and stability

in both countries and the Great Lakes region

We, the Government of the Democratic Republic of the Congo and the

Government of the Republic of Rwanda, having met in Nairobi on 9 November

2007, have agreed on a common approach to address the threat posed to our

common security and stability by the ex-FAR/Interahamwe.1 The meeting was

facilitated by the United Nations, in the presence of the United States and the

European Union.

We, consistent with the commitments made in the Lusaka Ceasefire Agreement

of 1999, which set out modalities for the disarmament and repatriation of all foreign

armed groups, including the ex-FAR/Interahamwe, in the territory of the DRC;

the

bilateral agreement signed in Pretoria on 30 July 2002 between the Governments of

the DRC and Rwanda;

the Principles on Good Neighbourly Relations and

Cooperation between the DRC and Burundi, Rwanda and Uganda of 25 September

2003;

the Pact on Security, Stability and Development in the Great Lakes Region of

15 December 2006;

and the various commitments made within the framework of the

Tripartite Plus Commission, including the commitments made by the Tripartite-plus

Members in Lubumbashi on 8 June 2007 and Kampala on 17 September 2007;

eliminate the threat posed by illegal armed groups through peaceful and military

means, taking into account the action plan presented by the Government of the DRC

to address the problem of the ex-FAR/Interahamwe on 3 October 2007 and the

response and counter-proposal made on this plan by the Government of Rwanda:

Have reiterated the following:

1. Peace and security in the DRC and the Great Lakes region can only be

achieved once the threat posed by all foreign and national armed groups

in the DRC and their politico-military organizations is addressed;

2. The ex-FAR/Interahamwe constitutes a major threat to peace and security

of Rwanda, the DRC, and the countries in the Great Lakes region in

general, as well as to the Congolese population;

3. The presence of irregular Congolese armed groups in eastern DRC

equally poses a threat to peace and security in the DRC and the entire

Great Lakes region;

4. We both reaffirm our commitment to respect and uphold each other’s

sovereignty, and reiterate our commitment to fully cooperate and

implement a common approach to dismantle the ex-FAR/Interahamwe as

a genocidal military organization operating in the territory of the DRC;

5. We fully commit to prevent the direct or indirect support — political,

material or human — to any national and foreign armed group operating

in the DRC;

6. We shall share information, and address issues of common concern

through existing mechanisms, in particular the Joint Verification

Mechanism and the Tripartite Plus Commission;

7. We shall immediately assign the members to the Joint Verification Teams

in Goma and Gisenyi as well as in Bukavu and Cyangugu;

8. We commit to refrain from any negative propaganda against each other.

9. The Government of the Democratic Republic of the Congo commits

to:

(a) Prepare, by 1 December 2007, a detailed plan to disarm and

address the threat posed by the ex-FAR/Interahamwe.

MONUC will be

requested to provide support to the planning and subsequent

implementation consistent with its mandate and capacities.

The plan will

be shared with the Rwandan Government by 1 December 2007;

(b) Launch military operations, as a matter of urgency, to

dismantle the ex-FAR/Interahamwe as a genocidal military organization

in the DRC.

Such operations should be simultaneously conducted with

operations to dismantle illegal armed groups in North and South Kivu;

military components of the plan;

(d) The plan shall include the following elements:

(i) Reactivation and streamlining, in parallel with military

pressure, existing efforts to sensitize ex-FAR/Interahamwe elements

to disarm and repatriate to Rwanda;

(ii) Temporary relocation of disarmed ex-FAR/Interahamwe

elements to reception centres/cantonment sites in the DRC;

registration by MONUC under the existing DDRRR procedures and

repatriation of those who choose to return to Rwanda;

(iii) With the help of relevant international organizations, moving

of the disarmed ex-FAR/Interahamwe who do not wish to return to

Rwanda and who are not wanted for genocide by Rwandan justice

or the International Criminal Tribunal for Rwanda (ICTR), away

from the border until their condition is normalized;

(iv) Arrest and handing over to the ICTR and Rwanda of those

indicted for crimes of genocide, crimes against humanity or war

crimes;

(e) Refrain from statements in support of any armed group in the

DRC;

(f) Publicize the contents of this joint communiqué.

10. The Government of the Republic of Rwanda commits to:

(a) Take all necessary measures to seal its border to prevent the

entry into or exit from its territory of members of any armed group,

renegade militia leaders, Nkunda’s group in particular, and prevent any

form of support — military, material or human — being provided to any

armed group in the DRC;

(b) Share with the Government of the DRC and MONUC a list of

wanted génocidaires (all categories);

DRC;

(d) Encourage, through appropriate programmes, ex-FAR/

Interahamwe members and their dependents to return home and facilitate

their effective socio-economic reintegration;

(e) Publicize the contents of this joint communiqué.

11. The Government of the Democratic Republic of the Congo and the

Government of the Republic of Rwanda agree to:

(a) Establish strict border controls and prevent illicit cross-border

movement of combatants or recruits, arms, military material, food or

medical support for any armed groups;

(b) Refrain from aiding and abetting (arming, facilitating

movement, allowing recruitment, financing, providing sanctuary, etc.)

any armed group;

Interahamwe to leave the group immediately and definitely;

disarmed

combatants that are found to be Congolese or are eligible to become

Congolese in accordance with relevant national legislation, shall not be

subject to repatriation;

these will be registered, and a list identifying

them will be shared with the Government of Rwanda;

(d) Cooperate in bringing to justice those accused of having

committed war crimes, crimes against humanity and genocide;

(e) Commit to take all necessary measures to encourage and

enable refugees to return home;

(f) Commit to actively support and facilitate the provision of

humanitarian assistance to civilians in need, irrespective of political and

ethnic affiliation;

(g) Undertake to minimize the negative impact of the agreed

operations against the ex-FAR/Interahamwe on civilian populations and

take measures to ensure the protection of civilians, as well as compliance

of their forces with international humanitarian and human rights law;

(h) Commit to continuously share intelligence on the

implementation of these actions through the existing bilateral

mechanism.

12. The Government of the Democratic Republic of the Congo and the

Government of the Republic of Rwanda call upon the international

partners witnessing this communiqué, and other partners the two

signatories to this communiqué may agree on:

(a) To mobilize support to help implement the commitments

expressed in this communiqué;

(b) To actively support the protection of civilians and the

provision of humanitarian assistance to IDPs, refugees and those in need.

13. MONUC will protect civilians, in accordance with its mandate, against

the negative impact of operations against the ex-FAR/Interahamwe and

monitor compliance with recognized standards of international

humanitarian and human rights law.

14. The signatories of this communiqué urge the Security Council to pass a

resolution establishing sanctions against the ex-FAR/Interahamwe and

call upon all Member States to prevent all fund-raising, mobilization or

propaganda activities of the ex-FAR/Interahamwe.

15. The United Nations, the African Union, the European Union, the United

States, South Africa and other partners the two signatories to this

communiqué may agree on, together with representatives of the two

parties, shall be invited to facilitate and monitor the implementation of

this agreement.

Nairobi, 9 November 2007

For the Government of the Democratic Republic of the Congo

(Signed) Antipas Mbusa Nyamwisi

State Minister for Foreign Affairs

For the Government of the Republic of Rwanda

(Signed) Charles Murigande

Minister for Foreign Affairs

For the United Nations

(Signed) Haile Menkerios

Assistant Secretary-General for Political Affairs

For the European Union

(Signed) Roeland van de Geer

Special Representative for the Great Lakes Region

For the United States of America

(Signed) Timothy Shortley

Senior Adviser to the Assistant Secretary, Jendayi Frazer,

for Conflict Resolution

Department of State

__________________

1 The term ex-FAR/Interahamwe used in this text shall be understood as referring to all Rwandan

armed groups on Congolese soil, irrespective of their denomination (ex-FAR, Interahamwe,

ALIR, FDLR, RUD-Unana, Rasta etc).