Communiqué The Third Heads of State Conclave on the Democratic Republic of Congo The Nairobi Process

Export agreement:

Export agreement coding (PDF)

Country/entity: Democratic Republic of Congo
Region: Africa (excl MENA)
Agreement name: Communiqué The Third Heads of State Conclave on the Democratic Republic of Congo The Nairobi Process
Date: 20 Jun 2022
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Congo Civil Wars (1996 - )
The overthrow of the long-term dictator Mobutu Sese Seko by a rebel Tutsi army backed by Uganda and Rwanda in 1997 acted as a catalyst for a war with regional dimensions, mainly fought in the eastern Kivu provinces. The conflict escalated in 1998, when President Laurent Kabila, then backed by Zimbabwean and Angolan troops, ordered Rwanda and Uganda to leave. After Kabila’s assassination in 2001, his son Joseph took over the presidency and won in the 2006 democratic elections.

In the eastern provinces, Tutsi-led militias, mainly organised in the National Congress for the Defense of the People (CNDP), fought the remnants of the Rwandan Hutu force FDLR, with further involvement of Rwandan and Ugandan troops. Other regionally operating militia groups, like the Lord’s Resistance Army from Northern Uganda, the so-called Mai Mai groups or short-lived guerrilla outfits like the March 23 Movement (M23) further contributed, and still contribute, to the complexity of the situation in eastern DRC.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: DRC: EAC-led Nairobi process for Eastern DRC
Parties: President Uhuru Kenyatta, Kenya
President Yoweri Museveni, Uganda
President Paul Kagame, Rwanda
President Salva Kiir Mayardit, South Sudan
President Felix Antoine Tshisekedi Tshilombo, DRC
President Evariste Ndayishimiye, Burundi
Tanzania's representative Amb. Dr. John Steven Simbachawene
Third parties: East African Community (EAC)
Description: The agreement established a Regional Force under the East African Community to help stabilize the eastern Democratic Republic of Congo, particularly in the North and South Kivu and Ituri regions. The agreement called for an immediate ceasefire, withdrawal from recently taken positions, and cooperation between the Regional Force and DRC forces in implementing disarmament and demobilization processes. The agreement also emphasized the need to end hate speech and politically inciting language while encouraging the DRC people to work together for stability, alongside establishing operational frameworks including Concept of Operations (CONOPs), Status of Forces Agreement (SOFA), and Rules of Engagement (ROE) for the Regional Force.

Agreement document: CD_220620_COMMUNIQUÉ (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→Rhetorical
7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.
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): They APPRECIATED the supremacy of the Constitution of the DRC and COMMITTED to maintain a unified and secure country, with coherence and credible institutions of central government exercising full territorial authority and recognizing that peaceful means are the best way to resolve conflicts.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
They APPRECIATED the supremacy of the Constitution of the DRC and COMMITTED to maintain a unified and secure country, with coherence and credible institutions of central government exercising full territorial authority and recognizing that peaceful means are the best way to resolve conflicts.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
8. The Heads of State also EMPHASIZED that all offensive language, hate speech, threats of genocide and other politically inciting language must cease and must be discouraged by all parties and that the people of the DRC must be encouraged to work together in order to stabilize the eastern DRC for it to prosper.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
6. The Heads of State DIRECTED that an immediate ceasefire should be enforced and cessation of hostilities should commence immediately, including withdrawal from recently taken positions.
7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.
Police: No specific mention.
Armed forces: The Heads of State ACCEPTED and ADOPTED the CONOPs, SOFA and ROE as presented by the Chiefs of Defence Forces for immediate implementation.
DDR: Security sector→DDR→Demilitarisation provisions
The Regional Force should also COOPERATE in implementation of the disarmament and demobilization process.
7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: 5. The Conclave RECEIVED a WRITTEN brief on the political track of the Nairobi process which detailed actions and activities that have been undertaken since the last convening of the second Conclave including the convening of the consultations with various armed and rebel groups within the DRC as a follow up to the consultations undertaken by the DRC with the rebel groups in Nairobi.
7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.
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: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: In doing so, the Heads of State INSTRUCTED that the Regional Force should in cooperation with the military and administrative forces of the DRC seek to stabilize and secure the peace in the DRC.
The Regional Force should also COOPERATE in implementation of the disarmament and demobilization process.
4. The Regional Force which will be constituted as an East African Community force under the EAC Protocol on Peace and Security and the EAC Treaty Article 124 on regional peace and security and Article 125 on cooperation in.
The Regional Force RECEIVED its operational mandate and DETAILED its operational structure for the Heads of State.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

COMMUNIQUÉ

THE THIRD HEADS OF STATE CONCLAVE ON THE DEMOCRATIC REPUBLIC OF CONGO

THE NAIROBI PROCESS

1. On Monday, 20th June 2022, His Excellency Uhuru KENYATTA, President of the Republic of Kenya, CONVENED in Nairobi, a Septet Summit and 3rd Conclave of the East African Community (EAC) Heads of State on the peace and security situation in the eastern part of the Democratic Republic of Congo (DRC).

The Summit was attended by His Excellency Yoweri MUSEVENI, President of the Republic of Uganda;

His Excellency Paul KAGAME, President of the Republic of Rwanda;

His Excellency Salva KIIR Mayardit, President of the Republic of South Sudan;

His Excellency Felix Antoine TSHISEKEDI Tshilombo, President of the Democratic Republic of Congo (DRC) and His Excellency Evariste NDAYISHIMIYE, President of the Republic of The Head of State of the United Republic of Tanzania was represented by H.E. Amb.

Dr. John Steven SIMBACHAWENE, High Commissioner of Tanzania to Kenya.

The Heads of State DELIBERATED on the security situation in the eastern DRC and on measures to promote peace, stability and development in the eastern DRC and the greater east African region.

2. COMMITTED to contribute to reconciliation and lasting peace and DETERMINED to find a swift and lasting solution to the conflict in the Democratic Republic of Congo, particularly in the North and South Kivu as well as Ituri.

They APPRECIATED the supremacy of the Constitution of the DRC and COMMITTED to maintain a unified and secure country, with coherence and credible institutions of central government exercising full territorial authority and recognizing that peaceful means are the best way to resolve conflicts.

3. The Conclave COMMENCED with a detailed brief on the military track.

The brief was presented by the Chief of Defence Forces of Kenya, General Robert Kibochi, in his capacity as the Chairman of the Committee of East African Community Chiefs of Defence.

This followed a meeting of the Chiefs of Defence Forces on Sunday 19th June 2022 in Nairobi.

In attendance were the Chiefs of Defence Forces of all the seven (7) countries of the EAC Partner States.

The brief defined the problem, highlighted the threat analysis, Concept of Operations (CONOPs), Status of Forces Agreement (SOFA), Rules of Engagement (ROE) and other legal and technical regulations to facilitate the operationalization of the Regional Force and its various operational arms.

The Heads of State ACCEPTED and ADOPTED the CONOPs, SOFA and ROE as presented by the Chiefs of Defence Forces for immediate implementation.

In doing so, the Heads of State INSTRUCTED that the Regional Force should in cooperation with the military and administrative forces of the DRC seek to stabilize and secure the peace in the DRC.

The Regional Force should also COOPERATE in implementation of the disarmament and demobilization process.

4. The Regional Force which will be constituted as an East African Community force under the EAC Protocol on Peace and Security and the EAC Treaty Article 124 on regional peace and security and Article 125 on cooperation in.

The Regional Force RECEIVED its operational mandate and DETAILED its operational structure for the Heads of State.

In attendance at the brief was the Executive Secretary of the EAC.

5. The Conclave RECEIVED a WRITTEN brief on the political track of the Nairobi process which detailed actions and activities that have been undertaken since the last convening of the second Conclave including the convening of the consultations with various armed and rebel groups within the DRC as a follow up to the consultations undertaken by the DRC with the rebel groups in Nairobi.

6. The Heads of State DIRECTED that an immediate ceasefire should be enforced and cessation of hostilities should commence immediately, including withdrawal from recently taken positions.

In doing so, the political process should be intensified by all parties in order to allow the citizens of the DRC feel safe and secure and be able to pick up and continue their respective social, cultural and economic activities.

7. The conclave AGREED and REINFORCED that trust and confidence-building, cessation of hostilities, unconditional ceasefire, participation in the political processes in the country, prioritization and participation in the country's development, citizenship, presence of foreign negative elements, fate of combatants during reintegration and status of refugees and internally displaced persons are among critical issues that require concerted, urgent and durable resolution.

8. The Heads of State also EMPHASIZED that all offensive language, hate speech, threats of genocide and other politically inciting language must cease and must be discouraged by all parties and that the people of the DRC must be encouraged to work together in order to stabilize the eastern DRC for it to prosper.

9. At the close of the conclave President Salva KIIR Mayardit took the opportunity to brief the meeting on the most recent and important developments in the political process in South Sudan.

10. The leaders THANKED President Uhuru KENYATTA for his convening and hosting of the third Conclave and thanked His Excellency Felix Antoine TSHISEKEDI Tshilombo, President of the Democratic Republic of Congo for taking the regional route in his determination to resolve the peace and security situation in the east of the DRC.

11. RELEASED on 20th June, 2022, Nairobi, Kenya```