Acte d'Engagement Gaborone

Country/entity
Democratic Republic of Congo
Region
Africa (excl MENA)
Agreement name
Acte d'Engagement Gaborone
Date
24/08/2001
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (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.

Congo Civil Wars (1996 - ) )
Stage
Pre-negotiation/process (Confidence building measure)
Conflict nature
Government
Peace process
28: DRC: Second Congo war process
Parties
Unsigned copy.
The parties are defined in the agreement as: The Government of the Democratic Republic of Congo, the Congo Liberation Movement (Mouvement pour la Libération du Congo, MLC), the Congolese Rally for Democracy (Rassemblement pour la Démocratie, RCD), the political opposition organisations and groups, and the “life-blood” of the nation.
Third parties
In the presence of Ketumile Masire (then President of Botswana) as the neutral facilitator of the inter-congolese political negotiations
Description
This agreement between the DRC Government, the MLC, the RCD and political opposition parties covers a range of issues including liberalisation of political life, human rights and humanitarian issues, political prisoner release and suspension of military court proceedings for civilian cases, and a range of security issues.

Agreement document
CD_010824_Acted'EngagementGaberone-tr.pdf []

Agreement document (original language)
CD_010824_Acted'engagementGaberone.pdf []

Groups

Children/youth
Substantive
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
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
Rhetorical
Page 2,
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
...
12. To ensure the return of displaced and refugee population groups to their normal places of residence;
13. To refrain from using refugees for political or military purposes, and to desist from any form of provocation during the Inter-Congolese political negotiations;
Social class
No specific mention.

Gender

Women, girls and gender
Nous…
- prenons l’engagement solennel et inconditionnel d’appliquer, sur toute l’étendue du territoire national, les dispositions ci-après :

(p. 2)
7. assurer la protection des populations civiles contre les rafles, les arrestations arbitraires, les réquisitions, les spoliations, les travaux forcés, les massacres, les bombardements aveugles, les tortures, les viols des femmes, les mutilations des enfants, les déportations et assurer l’arrêt définitif à la collaboration avec les forces génocidaires;

-------
Translation:

Page 2,
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
State configuration
Page 1, Untitled Preamble:
...
- reaffirming the sovereignty, independence, territorial integrity and untouchability of a single and undivided Democratic Republic of Congo;
Border delimitation
Page 1, Untitled Preamble:
...
- reaffirming the sovereignty, independence, territorial integrity and untouchability of a single and undivided Democratic Republic of Congo;

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
Page 1-2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
1. To ensure the immediate, effective and complete liberalisation of political and community life, to refrain from any behaviour which may compromise this liberalisation, and to encourage tolerance in political and community activities;
...
3. To release immediately and unconditionally, under the auspices of the CICR and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
...
11. To guarantee access for humanitarian organisations to population victim groups;
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 1, Untitled Preamble:
...
- recalling our adherence to the international conventions on human rights ratified by the Democratic Republic of Congo;
- wishing to agree a republican pact and as a token of good faith so that the Inter-Congolese political negotiations may proceed peacefully, and to demonstrate to the Congolese people and the international community our unquenchable desire to establish the Rule of Law in which fundamental liberties and human rights are respected;

Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
3. To release immediately and unconditionally, under the auspices of the CICR and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
Protection of civilians
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
Protection of groups
Page 2,
We...
- solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the civilian population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
Human rights framework
Treaty incorporation
Page 1, Untitled Preamble:
...
- recalling our adherence to the international conventions on human rights ratified by the Democratic Republic of Congo;
Civil and political rights
Life
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Freedom of movement
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
4. To guarantee the free movement of civilians and legitimate goods, and freedom to enter and leave the national territory, and provide migration documents to any citizen requesting these;
Freedom of association
Page 1, Article 1:
To ensure the immediate, effective and complete liberalisation of political and community life, to refrain from any behaviour which may compromise this liberalisation, and to encourage tolerance in political and community activities;
Thought, opinion, conscience and religion
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
5. To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;
....
11. To guarantee access for humanitarian organisations to population victim groups;
Detention procedures
No specific mention.
Media and communication
Media roles
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
Media logistics
Page 2, Article 5:
To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;
Citizenship
Citizens, specific rights
Page 1-2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
2. To guarantee the human rights and fundamental liberties of all citizens, in particular the right to life and physical safety, the freedom of the press and freedom of expression and opinion, and access for all to the public media;
...
4.To guarantee the free movement of civilians and legitimate goods, and freedom to enter and leave the national territory, and provide migration documents to any citizen requesting these;

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
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
Property return and restitution
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Tangible
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
Environment
No specific mention.
Water or riparian rights or access
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
5. To Authorise or re-establish air, rail, river, lake, road, telephone and postal communication channels;

Security sector

Security Guarantees
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
7. To ensure the protection of the population against raids, arbitrary arrest, appropriations, dispossessions, forced labour, massacres, indiscriminate bombing, torture, rape of women, child mutilation and deportations, and ensure that collaboration with genocidal forces shall cease definitively;
...
13. To refrain from using refugees for political or military purposes, and to desist from any form of provocation during the Inter-Congolese political negotiations;
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
14. To suspend the use of Military Jurisdictions for matters relating to the civilian population.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
... 6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
... 8. To protect the nation’s heritage and resources and prevent any plundering of these resources;
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
Page 1:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
3. To release immediately and unconditionally, under the auspices of the ICRC and Congolese human rights NGOs, all detained or imprisoned political prisoners, hostages and those who have been detained or imprisoned on the basis of their origin or their political and/or legal activities in the past;
Vetting
No specific mention.
Victims
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
11. To guarantee access for humanitarian organisations to population victim groups;
Missing persons
No specific mention.
Reparations
Material reparations
Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
6. To immediately and unconditionally return any goods seized and/or confiscated illegally for political reasons, including buildings occupied with neither rights nor title;
Reconciliation
Page 1, Untitled Preamble:
- aware that national reconciliation is above all the responsibility of the Congolese people and their leaders;

Page 2:
We... - solemnly and unconditionally engage to implement, on the entire national territory, the following provisions:
...
10. To abstain from any activity which may interfere with the process of national reconciliation;

Implementation

UN signatory
No specific mention.
Other international signatory
In the presence of Ketmile Masire (former president of Botswana acc. to search) as facilitator
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 2:
To this end, in order to ensure the implementation and successful outcome of the present act of engagement, we agree to establish a Monitoring Committee in which the components are equally represented, under the authority of the Facilitator in the Inter-Congolese political negotiations.

The University of Edinburgh