Agreement between the Government of the DRC, RCD, MLC and the Political Opposition

Democratic Republic of the Congo, Central Africa

Parties: Government of DRC; Congolese Rally for Democracy (RCD); Movement for the Liberation of the Congo (MLC); political opposition; forces vives; Mai-Mai; Congolese Rally for Democracy/Liberation Movement (RDC/ML); Congolese Rally for Democracy/National (RCD/N)

Type: Intra-state

The Declaration confirms as Principles national reconciliation and a new political order as the basis for rebuilding a DRC where the people are united, reconciled and free of tribalism, regionalism, ethnicism and all forms of hatred, and for the promotion of an environment for lasting peace. It provides for the inclusion of the political opposition and the forces vives in the inter-Congolese political negotiations, consensus of decisions in these negotiations and the binding nature of such consensus. The Declaration affirms the need for free, democratic and transparent elections following the transitional period and the formation of a restructured and integrated national army. It underscores the utilisation of the natural resources of the DRC in the interests of the whole country and for the improvement of the living standards of the Congolese people.

Under the Gabarone Act of Engagement, the Parties commit to the immediate, effective and total liberalisation of political and associative life, and guarantees of human rights and fundamental freedoms of citizens, including the right to life and physical integrity, press, expression and access to public media. The Parties commit to immediate release of political prisoners and to guarantees of freedom of movement and restoring lines of communication. The Act of Engagement requires the immediate and unconditional return of illegally seized or confiscated property. The Parties commit to ensure the return of refugees and IDPs, suspend hearings for civilians before military courts and refrain from any activity likely to hinder the process of national reconciliation.

The Political Accord of 2002 provides for power-sharing arrangements and functioning of transitional institutions, including the president of the Republic, the National Assembly, Senate, Government and Courts and Tribunals. It is provided that no entity in the Inter-Congolese Political Negotiations can have more than one member in the Bureau of the National Assembly or Senate. The Accord provides for a Higher Defence Council, headed by the president, which would have supreme command of the armed forces. The functions ascribed to the Senate include preparing a new draft Constitution and making recommendations for establishing a democratic, modern state capable of facing the challenges of the future. The Accord provides for the formation of a restructured and integrated national army following the transitional period.

In the Pretoria Agreement the Parties recommit to establishing a restructured, integrated national army and taking measures to guarantee the security of the population. In order to achieve national reconciliation, the Parties agree to establish a government of national unity, which will organise free and democratic elections after the transitional period. In addition to these, the Parties identify national reconciliation and the setting up of structures that will lead to a new political order as important transitional objectives. The Parties agree that the institutions to be set up in the transition would ensure appropriate representation of the 11 provinces and that there would be appropriate representation of women at all levels. The Parties undertake to uphold respect for democratic values, human rights and fundamental liberties and further that the transitional institutions would function on the basis of consensus, inclusiveness and the avoidance of conflict. An amnesty act would be adopted and amnesty would be granted for acts of war and political and opinion breaches of the law, with the exception of war crimes, genocide and crimes against humanity. The Agreement provides for the establishment of institutions supporting democracy, including a Truth and Reconciliation Commission, Independent Electoral Commission, National Watchdog on Human Rights, and others. The Agreement provides for four vice presidents representing the different Parties to the Agreement.

The 2003 Memorandum gives effect to the elements of the Pretoria Agreement related to the restructured and integrated national army. It provides for the distribution of responsibilities in the army according to criteria of competence, credibility, honourability and in a spirit of national reconciliation. It further provides for the establishment of an integrated police force, to gradually take over the responsibility for the security of the population. The Memorandum provides for the establishment of an Observer Group to monitor transparency in the police and security forces.

The Sun City Agreement binds the Parties to the 36 Resolutions adopted by the Inter-Congolese Dialogue, including as it relates to the adoption of a transitional Constitution, liberalisation of political life and association, restoration of transport links, abolition of special courts and reform of military justice. It binds the Parties to the Resolutions related to the reinstatement and rehabilitation of magistrates and workers who were arbitrarily dismissed, the formation of the restructured and integrated army, reintegration of child soldiers into their communities and the restitution of property and reconstruction of the environment affected by the war. The Resolutions further provide for emergency economic and social programmes, culture and inter-ethnic coexistence, media reform, the fight against corruption and the establishment of an Independent Electoral Commission, National Monitoring Body for Human Rights and Truth and Reconciliation Commission. They also provide for the protection of minorities and resolving nationality problems with regard to national reconciliation. A Resolution also deals with the International Criminal Court.