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Congo and M23: Declaration (Conclusion of Talks)

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Translated from French
by
Kipela R. pour Ann Garrison | 2013.11.23 New York NY USA
[ Original Text in French published by the Blog ]

DECLARATION’
(Conclusion of Talks)

BETWEEN

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO
AND
THE M23 MOVEMENT

Kampala, Uganda, November 11, 2013

PREAMBLE

We, the Government of the Democratic Republic of the Congo (DRC) and the Movement of March 23 (M23), the Parties to the present ‘Declaration’ in Kampala;

Meeting in Kampala, Uganda, for Dialogue, in accordance with the Declaration of the heads of State and of the Government of the International Conference of Great Lakes Region (ICGLR), signed at Kampala on November 24, 2012, under the mediation of H.E. Yoweri K. Museveni of the Republic of Uganda and Chairman of the ICGLR, having appointed as facilitator of Dialogue Dr. C. W. C. B. Kiyonga, Defense Minister of the Republic of Uganda;

Determined to give priority to mechanisms of resolving national disagreement in order to resolve political disputes;

Eager for permanently and irrevocably eradicating causes to the origin of conflicts and for putting an end to the cycle of violence that has for many years ravaged the East of the Democratic Republic of the Congo;

Determined to protect affected communities against all forms of crimes and violations of the human rights related to the war, including violence against women and children, sexual violence, the use of child soldiers, torture and intimidation;

Taking into account the conclusion of the review by the Parties of the process of implementing the agreement of March 23, 2009, between the Government of the Democratic Republic of the Congo and the National Congress for the People Defense (CNDP);

Recalling the rules of procedure and the Dialogue agenda agreed between the Government of the Democratic Republic of the Congo and the M23 Movement concerning the situation in the East of DRC;

Welcoming the conclusion of the framework agreement for Peace, Security and Cooperation in the Democratic Republic of the Congo and in the Region, signed in Addis Ababa, Ethiopia, on February 24, 2013;

Noting the Resolution 2098 of the Security Council of the United Nations on the Democratic Republic of the Congo, adopted on March 28, 2013;

Convinced that dialogue is the best way to address all the political and socio-economic challenges that the country faces now and in the future;

Aware of and respectful to the sovereignty, territorial integrity and the Constitution of the Democratic Republic of the Congo;

Solemnly declare the following:

Section 1: Amnesty

1.1. The Government undertakes to grant amnesty to members of the M23 for acts of war and insurrection, covering the period from the 1st of April 2012 to date. In accordance with national and international law, the amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other violations of human rights.

1.2. To benefit from the amnesty, each member of the M23 should personally undertake in writing to refrain permanently from resorting to weapons and/or from participating in an insurrectional movement to achieve any claim. Any violation of this commitment shall automatically void amnesty to be granted and would disqualify the author of the violation from being granted any future amnesty.

Article 2: Transitional security arrangements

2.1. The Parties agree to respect and apply the transitional security arrangements in accordance with this ‘Declaration’. Transitional security arrangements shall include disengagement, cantonment, disarmament, demobilization and reintegration of the M23 combatants, such detailed in Appendix A.

2.2. The M23 undertakes to submit its armed units, after the signing of this ‘Declaration’, in the process of disengagement, cantonment, disarmament, demobilization and social reintegration, in accordance with activities timeline.

2.3. Disengagement, cantonment and disarmament shall be carried out with the support of the UN Stabilization Mission in the DR Congo (MONUSCO) through the Implementation Mechanism of the Transitional Security Arrangements (MADTS) as detailed in Appendix A.

2.4. The M23 agrees to confine his troops in sites specifically approved, selected by mutual agreement by the Parties on basis of the activities timeline.

2.5. The Government, with the support of the United Nations (UN), shall provide the necessary logistics throughout the implementation of transitional security arrangements.

2.6. Disarmament, demobilization, reintegration and granting of the amnesty shall follow the order shown in Appendix B.

Article 3: Release of prisoners

3.1. From the signature of this ‘Declaration’, the M23 is committed to producing the list of its prisoner members for acts of war and insurrection.

3.2. The Government is committed to releasing these prisoners and handing them over to the International Committee of the Red Cross (ICRC).

3.3. The ICRC shall handle their reunification with their families.

Article 4: Transformation of the M23

4.1. The M23 decides to give up its rebellion.

4.2. The M23 reserves the right to change the name and to incorporate into a political party in respect of the Constitution and the laws of the Democratic Republic of the Congo.

4.3. The Government undertakes to respond positively to such a request.

4.4. The Parties agree that, following the end of the administration by the M23 from areas under his control and at the time of the restoration of the authority of the State in these areas, they shall proceed to a contradictory inventory.

Article 5: Demobilization and social reintegration

5.1. Subject to the amnesty granted in accordance with Article 1 of this ‘Declaration’, the demobilization and reintegration of the M23 combatants shall be made by appropriate structures of the Government with the support of the MONUSCO and other partners.

5.2. If possible, and subject to imperatives of equity and democratic governance, the Government shall provide necessary resources for the social reintegration of ex-combatants.

Article 6: Return and resettlement of refugees and internally displaced persons

6.1. The Government is committed to working towards a rapid implementation of tripartite Agreements on the repatriation of refugees signed with neighboring States and the Office of the UN High Commissioner for Refugees as well as for the reintegration of internally displaced persons.

6.2. A this end, the Government shall continue to work with the MONUSCO in order to improve safety in areas of conflict, ensure the protection of civilian populations and resolve the problem caused by negative forces.

6.3. For each of the areas of return, the Government undertakes to:

(i) Secure, service and make it attractive to these areas;
(ii) Accelerate the deployment of a community Police Force;
(iii) Accelerate the implementation of development projects for entities and social reintegration;
(iv) Revitalize and expand local conciliation committees;
(v) Present a comprehensive program of action for the return of refugees and internally displaced persons according to the tripartite Agreements.

6.4. In order to encourage the return of refugees, the Government undertakes to include representatives of the M23 in the national structure responsible for refugee issues.

Article 7: Robbed, extorted, stolen, looted and destroyed property

7.1. The Parties agree to the establishment by the Government of a Committee to identify robbed, extorted, stolen, looted and destroyed property and to examine all these cases and refer the matter to the competent courts for the purposes of restoring rightful ownerships.

7.2. This Commission shall come to terms representatively and inclusively, taking due account of the main stakeholders, including the signatories to this ‘Declaration’.

Article 8: National Reconciliation and Justice

8.1. The Parties agree to the establishment of a national reconciliation Committee which shall have the mandate to:

(i) Promote national reconciliation and the peaceful resolution of conflicts;
(ii) Combat, including recommending appropriate legislation, ethnic discrimination and incitement to hatred;
(iii) Settle or resolve inter-ethnic conflicts, including land disputes;
(iv) Provide civic education to promote peaceful coexistence, to better understand the rights and duties of citizenship and to strengthen patriotism; and
(v) Deal with any other related matter.

8.2. The national reconciliation Committee shall consist of honest and representative persons, selected in compliance with the principles of fairness, inclusion and equality. M23 representatives shall be part of it.

8.3. The national reconciliation Committee shall be placed under supreme authority of the President of the Republic and under direct supervision of the Prime Minister.

8.4. Considering atrocities and other violations of the human rights in the East of the Democratic Republic of the Congo, and anxious to put an end to impunity, the Parties agree that prosecution for war crimes, genocide, crimes against humanity, sexual violence and recruitment of children should hold responsible any alleged author.

Article 9: Governance and socio-economic reforms

In accordance with the framework Agreement of February 24, 2013, the Government reaffirms its determination to pursue the implementation of structural and institutional reforms, including reforms of the security sector, public administration, public finance, justice, management of natural resources, and the implementation of decentralization, and to make effective local governance conditions conforming to the instructions of the Constitution and enforced laws, including the arrangement of allocating 40% of national revenues for the provinces.

Article 10: Implementation of the outcome of the of the Peace Agreement Review of March 23, 2009

The Government reaffirms its determination to finalize the implementation of the commitments that have been made under the Agreement of March 23, 2009, signed with the CNDP and that, as stipulated in the conclusions of the re-evaluated ‘Declaration’ (see Appendix C), have not been made or have been partially, which are still topical and to which is not specifically referred in this ‘Declaration’, understanding the commitment to rehabilitating and developing areas affected by conflicts. For reasons of efficiency, the Government undertakes to entrust this task to an appropriate structure.

Article 11: Mechanism for implementation, monitoring and evaluation

11.1. The Parties agree that the follow-up and evaluation of the implementation of this ‘Declaration’ shall be provided by the National Monitoring Mechanism as instructed by the Democratic Republic of the Congo at the end of the framework Agreement of February 24, 2013. To this end, the National Monitoring Mechanism shall develop necessary monitoring criteria to ensure effective follow-up of the implementation of this ‘Declaration’.

11.2. For the implementation of its commitments, each Party shall designate a coordinator responsible for following up this implementation with the National Monitoring Mechanism.

11.3. The Executive Secretariat of the ICGLR shall accompany the National Monitoring Mechanism in this task for a once-renewable period of six months.

Article 12: Commencement (Entrée en vigueur)

This ‘Declaration’ enters into force the day of its signing.

Done at Kampala, the eleventh day of November 2013.

For the M23 Movement
Mr. René Abandi
Head of Delegation

For the Government of the Democratic Republic of the Congo
H.E. Mr. Raymond Tshibanda
Minister of Foreign Affairs, International Cooperation and Francophonie and head of Delegation

Witnesses
C.W.C.B. Kiyonga
Minister of Defense of the Republic of Uganda and facilitator of Dialogue
Prof. Ntumba Luaba
Executive Secretary of ICGLR

Written by kipraKongo

2013-11-23 à 19:44

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