Peace Agreement between the Government and Le Congres National pour la Défense du Peuple (CNDP)

Country/entity
Democratic Republic of Congo
Region
Africa (excl MENA)
Agreement name
Peace Agreement between the Government and Le Congres National pour la Défense du Peuple (CNDP)
Date
23/03/2009
Agreement status
Multiparty signed/agreed
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
Framework/substantive - comprehensive (Agreement)
Conflict nature
Government
Peace process
34: DRC: Eastern DRC processes
Parties
The government and the Congrès National pour la Défense du Peuple (CNDP)
Third parties
Description
In this agreement the government and CNDP agree on the transformation of the latter into a political party and integration of its members into police and army, and political life (modalities will be agreed in a joint agreement), on the release of political prisoners and handing back their properties, on an amnesty acc to intl law and the examination of passed laws that the CNDP is concerned about, on national reconciliation mechanisms, on how to resolve local conflicts, on the details of the return of refugees and displaced people, on provisions for stricken zones (zones sinistrés), territorial administration, public administration, reform of army and security services, electoral reform to improve representation without harming the efficacy of institutions and including sanctions against those who incite hate and sectarianism in their electoral campaigns, on specific questions (incl. professional reinsertion, rehabilitation of invalids etc.), on economic reforms, on a national follow-up committee, and an international follow-up committee – each committee with a three months mandate.

Agreement document
CD_090323_Accord de paix entre le gouvernment et le congres national pour la defense du peuple (CNDP) -tr.docx.pdf

Agreement document (original language)
CD_090323_Accord de paix entre le gouvernement et le congres national pourla defence du peuple (CNDP)_FR (1).pdf

Main category
(p.2) PREAMBULE

Soucieux de contribuer à une paix durable en République Démocratique du Congo et à une réconciliation sincère entre les filles et fils de ce grand pays ;

Page 4, Article 4: On the national reconciliation mechanism:
4.1 The parties shall maintain a dynamic of reconciliation and pacification, and good intercommunity cohabitation, together with the essential requirement of good governance. With a view to this:
a) The parties agree to create a national mechanism which shall be responsible for defining and implementing the policy of reconciliation between Congolese women and men, and fighting against xenophobia.

Page 4, Article 5: On the resolution of local conflicts:
5.1. The Government shall put in place Permanent Local Conciliation Committees, reporting to the local civil authority, made up of local elders, men and women, to compensate for the lack of resources for non-judicial prevention and resolution of conflicts.
5.2. The parties agree on the principle of creating a “local police force”, as a branch of the Congolese National Police Force; to listen to and serve local people.
5.3. The elements of the local police force shall be recruited and trained at the national level. Their training course shall be organised to provide detailed knowledge of the social realities of their regions of deployment. Although not recruited on the basis of ethnicity or community, the deployment of local police units on the ground shall reflect local social diversity.
5.4 The two parties agree that CNDP’s proposals on the subjects above shall be transferred to the government party.
5.5 While awaiting the deployment of local police and in order to ensure the safety of refugees and displaced persons returning to their homes, the parties agree that the Government shall set up a special police unit, created from the integration process of CNDP police contingents in the Congolese National Police. This unit shall be trained and equipped such as to maintain order at the local level.

Page 10, Article 12: Specific Issues 12.7. The Government undertakes to support former CNDP members wounded during the war, as well as their orphans and widows. The CNDP will compile a list.

Page 7, Article 12: On specific questions:
...
12.7 The Government shall take charge of the war wounded, orphans and widows of ex-CNDP contingents, of whom a list shall be prepared by CNDP. The parties agree to formally recognise the ranks of ex-CNDP elements in both the Congolese National Police and FARDC. This shall be administratively comprehensively regulated within the framework of the General Law and the relevant regulations shall be enacted. Greater efforts shall be made to provide effective logistical support to units on the ground.

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
Other
Page 10, Article 12: Specific Issues 12.7. The Government undertakes to support former CNDP members wounded during the war, as well as their orphans and widows. The CNDP will compile a list.
International law
No specific mention.
New institutions
Reconciliation and peace
Page 5, Article 4: National Reconciliation Mechanism: 4.1.a. The Parties agree on the creation of a national mechanism in charge of defining and leading a policy of reconciliation between the men and women of the Congo, and to fight against xenophobia.



Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
Other
Page 6, Article 5: Resolution of Local Conflicts: 5.1. The Government undertakes to set up Permanent Local Arbitration Committees, falling within the local civil authority and made up of local wise men and women, to overcome inadequacies in the extrajudicial prevention and resolution of conflicts.
Other
No specific mention.

The University of Edinburgh