Outcome Documents from the Conclusion of the Kampala Dialogue between the Government of the Democratic Republic of the Congo and the M23

Country/entity
Democratic Republic of Congo
Region
Africa (excl MENA)
Agreement name
Outcome Documents from the Conclusion of the Kampala Dialogue between the Government of the Democratic Republic of the Congo and the M23
Date
12/12/2013
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 - partial (Multiple issues)
Conflict nature
Government
Peace process
34: DRC: Eastern DRC processes
Parties
1. Government of Democratic Republic of Congo
2. M23 Movement
Third parties
H.E. Ban Ki-moon, Secretary General of the United Nations
H.E. Yoweri K. Museveni, President of the Republic of Uganda and Chairperson of the ICGLR;

(Page 1, Untitled Preamble: H.E. Yoweri K. Museveni
President of the Republic of Uganda and Chairperson of ICGLR

H.E. Dr. Joyce Banda
President of the Republic of Malawi and Chairperson of SADC

2. Formal dialogue stared on 9th December 2012 and ended on 3rd November 2013. The facilitation of the dialogue was carried out on behalf of President Museveni by Uganda's Minister of Defense, Dr. Crispus W.C.B. Kiyonga, with the support of the ICGLR Secretariat and technical assistance from Mrs. Sahle-Work Zewde, Director General of the United Nations Office at Nairobi and from the United Nations, New York)
Description
The Parties agree on a ceasefire and set forth measures (including timetabled transitional security arrangements) aimed at achieving long term stability and reconciliation.

Agreement document
DRC_131212_DeclarationGovM23KampalaTalks_0.pdf

Main category
Page 6, Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks (Annex 1):
1. Amnesty
1.1 [...] In accordance with national and international law, the Amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other massive violations of human rights.

Page 9, Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks (Annex 1), 8. National Reconciliation and Justice:
...
8.4 Given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of Congo, and with a view to putting an end to impunity, the Government shall ensure that prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers are initiated against any presumed author thereof.

Page 14, DECLARATION OF COMMITMENTS BY THE MOVEMENT OF MARCH 23 AT THE CONCLUSION OF THE KAMPALA DIALOGUE, Untitled Preamble, The Movement of March 23 (hereafter referred to as M23):-
DECLARES as follows:
...
8. National reconciliation and justice
...
8.2. The M23 agrees that, given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of the Congo, and with a view to putting an end to impunity, prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers shall be initiated against any presumed author thereof.

Page 20, TRANSITIONAL SECURITY ARRANGEMENTS, II. DISENGAGEMENT, PRIMARY CANTONMENT AND DISARMAMENT OF M23, Phase Two: Cantonment:
...
28. Planning of the cantonment shall take into consideration the desirable characteristics for a cantonment site, taking into account the specific needs of the M23’s female combatants.

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 6, Annex 1. Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks, 1. Amnesty:
1.1 ... In accordance with national and international law, the Amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other massive violations of human rights.

New institutions
No specific mention.
Violence against women
Sexual violence
Page 6, Annex 1. Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks, 1. Amnesty:
1.1 ... In accordance with national and international law, the Amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other massive violations of human rights.

Page 9, Annex 1. Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks, 8. National Reconciliation and Justice:
8.4 Given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of Congo, and with a view to putting an end to impunity, the Government shall ensure that prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers are initiated against any presumed author thereof.

Page 14, Annex 2. DECLARATION OF COMMITMENTS BY THE MOVEMENT OF MARCH 23 AT THE CONCLUSION OF THE KAMPALA DIALOGUE, 8. National reconciliation and justice:
8.2. The M23 agrees that, given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of the Congo, and with a view to putting an end to impunity, prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers shall be initiated against any presumed author thereof.
Transitional justice
Past and gender
Page 6, Annex 1. Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks, 1. Amnesty:
1.1 ... In accordance with national and international law, the Amnesty does not cover war crimes, crimes of genocide and crimes against humanity, including sexual violence, recruitment of child soldiers and other massive violations of human rights.

Page 9, Annex 1. Declaration of the Government of the Democratic Republic of Congo at the End of the Kampala Talks, 8. National Reconciliation and Justice: 8.4 Given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of Congo, and with a view to putting an end to impunity, the Government shall ensure that prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers are initiated against any presumed author thereof.

Page 14, Annex 2. DECLARATION OF COMMITMENTS BY THE MOVEMENT OF MARCH 23 AT THE CONCLUSION OF THE KAMPALA DIALOGUE, 8. National reconciliation and justice: 8.2. The M23 agrees that, given the atrocities and other massive violations of human rights perpetrated in the eastern Democratic Republic of the Congo, and with a view to putting an end to impunity, prosecutions for war crimes, genocide, crimes against humanity, sexual violence and recruitment of child soldiers shall be initiated against any presumed author thereof.
Institutional reform
DDR, army, parastatal or rebel forces
Page 20, Annex A, TRANSITIONAL SECURITY ARRANGEMENTS, II. DISENGAGEMENT, PRIMARY CANTONMENT AND DISARMAMENT OF M23, Phase Two: Cantonment: 28. Planning of the cantonment shall take into consideration the desirable characteristics for a cantonment site, taking into account the specific needs of the M23’s female combatants.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh