Protocol of Non-aggression and Mutual Defence in the Great Lakes Region

Country/entity
Angola
Central African Republic
Democratic Republic of Congo
Kenya
Republic of Congo
Rwanda
Sudan
Tanzania
Uganda
Zambia
(African Great Lakes)
Region
Africa (excl MENA)
Agreement name
Protocol of Non-aggression and Mutual Defence in the Great Lakes Region
Date
30/11/2006
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (African Great Lakes Process (2004 - 2013)
The African Great Lakes process attempted to use a regional approach to address a set of inter-linked conflicts notably in Burundi, Rwanda, Democratic Republic of Congo, Central African Republic and Uganda.

African Great Lakes Process (2004 - 2013) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government
Peace process
6: African Great Lakes: Regional Process
Parties
Unsigned and unlisted, but parties known to be: Angola; Central African Republic; Congo; Democratic Republic of Congo; Kenya; Rwanda; Sudan; Tanzania; Uganda; Zambia
Third parties
Description
This protocol is part of the Pact on security, stability and Development in the Great Lakes Region. The objectives of the Protocol include: resolving and preventing internal and inter-state armed conflicts of any kind within and between Member States, and ensuring that disputes between Member States and between armed groups are resolved by peaceful means; thus renouncing the threat or use of force, non-aggression and having a mutual defence arrangements and common border security management. I also calls for the safeguarding of human and people's rights.

Agreement document
AO_BI_CF_CD_KE_CG_RW_SD_TZ_UG_ZM_061130_ProtocolofNonAgressionGreatLakes.pdf []

Groups

Children/youth
Rhetorical
Page 2, Preamble,
... Taking account of the provisions of the Security Council Resolution 1325, on the protection of women and children during armed conflicts and the need for the equitable representation of women in making decisions aimed at ending such conflicts;

Page 5, Article 3, Renunciation of the Threat or Use of Force by Member States
... 2. This renunciation is without prejudice to the primary responsibility of Member States to preserve the integrity of their sovereignty and to protect the lives and human rights of all persons and all peoples, including women and children, residing within their territories.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 2, Preamble,
... Mindful of the responsibility of States to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and gross violations of human rights in the Great Lakes Region;
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
Page 2, Preamble,
... Taking account of the provisions of the Security Council Resolution 1325, on the protection of women and children during armed conflicts and the need for the equitable representation of women in making decisions aimed at ending such conflicts;

Page 5, Article 2
Objectives The objectives of this Protocol are to:
... 4. Safeguard human and people’s rights, gender equity, the rule of law, democracy, and sustainable development in the Great Lakes Region;

Page 5, Article 3 Renunciation of the Threat or Use of Force by Member States
... 2. This renunciation is without prejudice to the primary responsibility of Member States to preserve the integrity of their sovereignty and to protect the lives and human rights of all persons and all peoples, including women and children, residing within their territories.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Nature of state (general)
Page 2, Preamble,
... Reaffirming that the obligation of non-interference in the internal affairs of any State and that of refraining in international relations from any military, political, economic or other form of coercion aimed against the sovereignty, political independence or territorial integrity of any State in accordance with international law, are essential conditions for ensuring peace, security, stability and development in the Great Lakes Region;

Page 5, Article 3 Renunciation of the Threat or Use of Force by Member States
2. This renunciation is without prejudice to the primary responsibility of Member States to preserve the integrity of their sovereignty and to protect the lives and human rights of all persons and all peoples, including women and children, residing within their territories.
Cross-border provision
Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
5. Designated border security zones: the following common border zones:
a. Zone 1, comprising the East of the Democratic Republic of Congo, the West of Uganda and the West of Rwanda;
b. Zone 2, comprising the North of the United Republic of Tanzania, the South of Uganda, and the South-West of Kenya;
c. Zone 3, comprising the North-East of Uganda, the North-West of Kenya, and the South-East of Sudan;
d. Zone 4, comprising the North-West of Uganda, the North-East of the Democratic Republic of Congo, and the South-West of Sudan in the West Nile border triangle;
e. Zone 5, comprising the North of the Democratic Republic of Congo, the South-West of Sudan, and the South–East of the Central African Republic;
f. Zone 6, comprising the North-West of the Democratic Republic of Congo, the North–East of the Republic of Congo, and the South-West of the Central African Republic;
g. Zone 7, comprising the North-West of Angola, the West of the Democratic Republic of the Congo and the South of the Republic of Congo;
h. Zone 8, comprising the North-West of Zambia, the South of the Democratic Republic of Congo, and the East of Angola;
i. Zone 9, comprising the West of the United Republic of Tanzania, the South of Burundi, the North of Zambia and the South-East of the Democratic Republic of Congo;
j. Zone 10, comprising the East of the Democratic Republic of Congo, the West of Burundi, and the West of Rwanda;
k. Zone 11, comprising the North-West of the United Republic of Tanzania, the South-West of Uganda, and the East of Rwanda; and
l. Zone 12, comprising North-West of the United Republic of Tanzania, the South-East of Rwanda, and the North-East of Burundi.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
Page 2, Preamble,
... Mindful of the responsibility of States to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and gross violations of human rights in the Great Lakes Region;
... Reaffirming further the duty of all States to settle their international disputes by peaceful means in accordance with international law;

Page 5, Article 2, Objectives The objectives of this Protocol are to:
... 4. Safeguard human and people’s rights, gender equity, the rule of law, democracy, and sustainable development in the Great Lakes Region;

Page 5, Article 3, Renunciation of the Threat or Use of Force by Member States
... 2. This renunciation is without prejudice to the primary responsibility of Member States to preserve the integrity of their sovereignty and to protect the lives and human rights of all persons and all peoples, including women and children, residing within their territories.

Page 5, Article 4, Prohibition on the Threat or Use of Force by Member States
... 8. Member States agree that the provisions of this Article and Article 5 of this Protocol shall not impair the exercise of their responsibility to protect populations from genocide, war crimes, ethnic cleansing, crimes against humanity, and gross violations of human rights committed by, or within, a State. The decision of the Member States to exercise their responsibility to protect populations in this provision shall be taken collectively, with due procedural notice to the Peace and Security Council of the African Union and the Security Council of the United Nations.
Equality
Page 5, Article 2, Objectives The objectives of this Protocol are to:
... 4. Safeguard human and people’s rights, gender equity, the rule of law, democracy, and sustainable development in the Great Lakes Region;
Democracy
Page 5, Article 2, Objectives The objectives of this Protocol are to:
... 4. Safeguard human and people’s rights, gender equity, the rule of law, democracy, and sustainable development in the Great Lakes Region;
Protection measures
Protection of groups
Page 1, Preamble
Taking account of the provisions of the Security Council Resolution 1325, on the protection of women and children during armed conflicts and the need for the equitable representation of women in making decisions aimed at ending such conflicts;

Page 8,
Article 8 Measures against Armed Groups 1
5. Member States undertake to intercept and disarm members of armed groups fleeing across their common borders, without prejudice to the obligations concerning the protection of refugees and the free movement of persons within the Great Lakes Region.

Human rights framework
Treaty incorporation
Page 5, Article 4, Prohibition on the Threat or Use of Force by Member States
... 2. Member States agree strictly to abide by the duty of non-interference in matters which are within the domestic jurisdiction of any State, in accordance with international law, the Charter of the United Nations, and the Constitutive Act of the African Union.
Civil and political rights
Life
Page 2, Preamble,
... Mindful of the responsibility of States to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and gross violations of human rights in the Great Lakes Region;

Page 5, Article 4, Prohibition on the Threat or Use of Force by Member States
... 8. Member States agree that the provisions of this Article and Article 5 of this Protocol shall not impair the exercise of their responsibility to protect populations from genocide, war crimes, ethnic cleansing, crimes against humanity, and gross violations of human rights committed by, or within, a State. The decision of the Member States to exercise their responsibility to protect populations in this provision shall be taken collectively, with due procedural notice to the Peace and Security Council of the African Union and the Security Council of the United Nations.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
3. The following shall constitute acts of aggression, regardless of a declaration of war by a State, group of States, organization of States, or armed groups, or by any foreign entity whatsoever:
...
d. The blockade of the ports, coasts or airspace of a Member State;
Detention procedures
No specific mention.
Media and communication
Media roles
Page 6, Article 5, Non-Aggression
1. Member States have a duty to refrain from acts and threats of aggression as defined in Article 1 (2) and (3) of this Protocol, as well as any propaganda related to such acts and threats.
Citizenship
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
[Summary] Entire Protocol deals with security and stability in the Great Lakes Region. It aims to prevent and resolve internal and interstate armed conflicts within and between member states, and commits to resolving all disputes and conflicts by peaceful means, renouncing all threat or use of force, non-aggression and respect of state sovereignty. And sets out 12 designated border security zones in the region, mutual defense arrangements, common border security management.

Page 2, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
1. Acts of Subversion: any act that incites, aggravates or creates dissension within or among Member States with the intention or purpose of destabilizing or overthrowing the existing regime or political order by, among other means, fomenting racial, religious, linguistic, ethnic or other differences, in a manner inconsistent with the Constitutive Act of the African Union, the African Union Non- Aggression and Common Defence Pact, or the Charter of the United Nations.

Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
3. The following shall constitute acts of aggression, regardless of a declaration of war by a State, group of States, organization of States, or armed groups, or by any foreign entity whatsoever:
...
c. The bombardment of the territory of a Member State or the use of any weapon against the territory of a Member State;
...
g. The action of a Member State in authorising its territory, to be used by another Member State for committing an act of aggression against a third State;

Page 5, Article 2
Objectives The objectives of this Protocol are to:
1. Resolve and prevent internal and inter-state armed conflicts, subversive activities and serve as a legal framework for eradicating persistent insecurity of any kind within and between Member States;
2. Eliminate threats to peace, security, stability and sustainable development in the Great Lakes Region through collective security;
3. Ensure respect for the sovereignty and security of States, the inviolability of borders and the territorial integrity of States;
... 5. Ensure that disputes between Member States and, between Member States and armed groups are resolved by peaceful means; ...

Page 5, Article 3 Renunciation of the Threat or Use of Force by Member States
... 4. Member States undertake to criminalize any act of aggression or subversion against other States by individuals or groups operating in their respective States.

Page 5, Article 4 Prohibition on the Threat or Use of Force by Member States
1. Member States undertake to refrain, in their international relations, from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Charter of the United Nations, the Constitutive Act of the African Union, the relevant resolutions of the Security Council of the United Nations and the African Union Peace and Security Council.
2. Member States agree strictly to abide by the duty of non-interference in matters which are within the domestic jurisdiction of any State, in accordance with international law, the Charter of the United Nations, and the Constitutive Act of the African Union.

Page 6, Article 5 Non-Aggression
1. Member States have a duty to refrain from acts and threats of aggression as defined in Article 1 (2) and (3) of this Protocol, as well as any propaganda related to such acts and threats.
2. Any use or threat of the use of force against the sovereignty, territorial integrity and political independence of a State, contrary to Article 4, or in any manner not authorised by the Charter of the United Nations and the Constitutive Act of the African Union, shall amount to an act of aggression.
3. An act of aggression shall be punishable individually as an international crime against peace as set out in the regional and international legal instruments defining such a crime.

Page 6-7, Article 6 Mutual Defence
1. Member States retain the inherent right to individual or collective self-defence in the event of an armed attack, according to Article 51 of the Charter of the United Nations.
2. A Member State which resorts to self-defence shall determine that its territory has been subject to an armed attack, and shall notify the other Member States, the Peace and Security Council of the African Union, and the Security Council of the United Nations of such an attack.
... 4. Member States agree to build their joint capacity for mutual assistance and defence aimed at enabling collective and effective responses to armed attacks against one or more of them by utilising the command structures of the African Intervention Force.

Page 7, Article 7 Regional Responsibility for Managing Common Border Security
... 5. Member States agree to establish border security patrols along their common border zones.
a. The intangible character of the boundaries existing at the time of independence;
b. The duty of neighbouring States to delimit and to demarcate existing boundaries strictly in keeping with the territorial frontiers in existence at the time of independence;
c. The role of borders in setting the outer limits to the sovereignty, authority, competence, and jurisdictions of neighbouring States;
...
e. The duty to refrain, subject to the right of individual or collective self-defence, from the threat or use of force in violation of the existing international borders of another State to resolve any disputes, particularly territorial disputes and frontier incidents.
Member States agree to establish mechanisms for the joint control, surveillance and management of common borders, such as the Joint Border Commissions
6. Member States agree that the following principles are applicable to maintain border security in all zones

Page 9, Article 9 Small arms and light weapons
1. Member States agree that the illicit proliferation of small arms and light weapons, including anti-personnel mines constitutes a threat to peace, security, and stability in the Great Lakes Region, and undertake to promote common policies and strategies aimed at putting an end to this proliferation in accordance with the international agreements in force.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 2-3, Article 1, Definitions
2. Aggression: the use, intentionally and knowingly, of armed force or any hostile act, as referred to in Article 1(3)(g to k), perpetrated by a State, a group of States, an
organization of States or an armed group or by any foreign or external entity, against the sovereignty, political independence, territorial integrity and human security of the population of a Member State, contrary to the Constitutive Act of the African Union, the African Union Non-Aggression and Common Defence Pact or the Charter of the United Nations.
DDR
Demilitarisation provisions
Page 8, Article 8 Measures against Armed Groups
... 6. A Member State whose armed forces are engaged in the hot pursuit of armed groups shall inform and notify Member States towards whose territory the armed groups are fleeing, and shall request any such Member States to intercept, apprehend and disarm them.
Intelligence services
Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
3. The following shall constitute acts of aggression, regardless of a declaration of war by a State, group of States, organization of States, or armed groups, or by any foreign entity whatsoever:
...
i. Acts of espionage which could be used, contrary to Article 7(4), for military aggression against a Member State;
j. Technological assistance of any kind, intelligence and training given to another State for use, contrary to Article 7(4), with the aim of committing acts of aggression against another Member State; and
Parastatal/rebel and opposition group forces
Page 2-3, Article 1, Definitions
2.Aggression: the use, intentionally and knowingly, of armed force or any hostile act, as referred to in Article 1(3)(g to k), perpetrated by a State, a group of States, an organization of States or an armed group or by any foreign or external entity, against the sovereignty, political independence, territorial integrity and human security of the population of a Member State, contrary to the Constitutive Act of the African Union, the African Union Non-Aggression and Common Defence Pact or the Charter of the United Nations.

Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
3. The following shall constitute acts of aggression, regardless of a declaration of war by a State, group of States, organization of States, or armed groups, or by any foreign entity whatsoever:
...
h. The sending by, or on behalf of a Member State, or the provision of any support to armed groups, mercenaries, and other organized trans- national criminal groups which might carry out hostile acts against a Member State, of a gravity comparable to the acts listed above, or its substantial involvement therein;
...
4. Armed groups: any armed groups that do not belong to, or are not officially incorporated into, the defence and security forces of Member States.

Page 5, Article 4 Prohibition on the Threat or Use of Force by Member States:
....
3. Any act, by a Member State, of sending its armed forces or armed or insurgent groups across the frontier of another State, without the agreement of that State, shall constitute a breach of the prohibition on the threat or use of force and the duty not to intervene in matters which are within the domestic jurisdiction of any State.
4. Any act by a Member State, of harbouring within its territory armed or insurgent groups engaged in armed conflict, violence, or subversion against the government of another State shall constitute a breach of the prohibition on the threat or use of force and the duty not to intervene in matters which are within the domestic jurisdiction of the said State.

Page 6, Article 5 Non-Aggression
...
4. Member States shall counter acts of aggression committed against any one of them by armed groups, taking into account the provisions of Articles 6 and 8 of this Protocol.

Page 8-9, Article 8 Measures against Armed Groups
1. Member States hereby denounce all armed groups in the Great Lakes Region and repudiate any association with such groups, and agree to strictly combat all activities undertaken by such groups.
2. Member States guarantee to prohibit armed groups from using their territories as a base for carrying out armed attacks, committing acts of aggression or subversion, against the sovereignty, security, territorial integrity and political independence of any Member State.
3. Member States undertake not to give any help, directly or indirectly, actively or passively, to armed groups operating against any Member State.
4. Member States undertake to apprehend and disarm, far from their common borders, members of armed groups who use, or attempt to use, their territories to prepare, or mount armed attacks, and/or, conduct subversive activities against other States.
5. Member States undertake to intercept and disarm members of armed groups fleeing across their common borders, without prejudice to the obligations concerning the protection of refugees and the free movement of persons within the Great Lakes Region.
6. A Member State whose armed forces are engaged in the hot pursuit of armed groups shall inform and notify Member States towards whose territory the armed groups are fleeing, and shall request any such Member States to intercept, apprehend and disarm them.
7. A Member State unable or unwilling to intercept armed groups in flight or operating on its territory shall be encouraged to enter into bilateral agreements which specify the conditions under which the armed forces of another Member State may undertake the hot pursuit of the said armed groups, provided that such agreements shall be consistent with the objectives of this Protocol.
8. Member States shall ensure that all the members of an armed group which resorts to the threat or use of force as a policy to attain its objectives, or as a means of settling its disputes with a Member State, shall incur individual and collective criminal responsibility for the acts or omissions of the said armed group.
9. Member States agree to accord each other mutual assistance in prosecuting armed groups throughout the Great Lakes Region.
10. Nothing in the provisions of this Article shall affect the right of individual or collective self-defence in the event of an armed attack, or the failure, after notification or request, to intercept and disarm members of an armed group pursued by the defence and security forces of a Member State.
11. Member States agree that the failure by a Member State to abide by its obligations under paragraphs 1-6 of this Article shall constitute a fundamental breach of this Protocol and a threat to regional peace and security, for which such a Member State shall be held responsible by the other Member States or has to account for itself before the Summit of the Conference.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 2-3, Article 1, Definitions
In this Protocol, unless the context otherwise requires, the following mean:
3. The following shall constitute acts of aggression, regardless of a declaration of war by a State, group of States, organization of States, or armed groups, or by any foreign entity whatsoever:
...
k. The encouragement, support, harbouring or provision of any assistance for the commission of terrorist acts and other violent trans-national organized crimes against a Member State.

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
Page 6-7, Article 6 Mutual Defence
...
4. Member States agree to build their joint capacity for mutual assistance and defence aimed at enabling collective and effective responses to armed attacks against one or more of them by utilising the command structures of the African Intervention Force.
Enforcement mechanism
No specific mention.

The University of Edinburgh