Communique – The Third Inter – Congolese Dialogue under the EAC – Led Nairobi Process

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Country/entity: Democratic Republic of Congo
Region: Africa (excl MENA)
Agreement name: Communique – The Third Inter – Congolese Dialogue under the EAC – Led Nairobi Process
Date: 6 Dec 2022
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: DRC: EAC-led Nairobi process for Eastern DRC
Parties: The agreement does not have a list of signatories, but the main side is understood to be the Government of the Democratic Republic of Congo
Third parties: Page 1.
HE. PRESIDENT (RTD) UHURU KENYATTA, THE FACILITATOR OF THE EAC-LED NAIROBI PROCESS,

East African Community
Description: In this short document, the Government of the DRC, following consultations with armed groups, civil society, and victims of sexual violence, alongside the Kenyan facilitator, outlines areas for discussion relating to Eastern DRC.

Agreement document: CD_221206_Communique – The Third Inter – Congolese Dialogue under the EAC – Led Nairobi Process.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 4, 3.
viii. Continued cessation of hostilities as well as the release of child soldiers and access to humanitarian aid.
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: No specific mention.
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): No specific mention.
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: Page 4, 3.
viii. Continued cessation of hostilities as well as the release of child soldiers and access to humanitarian aid.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: 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 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: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
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: Page 3, 3.
iii. Under the auspices of H.E. President Tshisekedi, a meeting would be held between government officials and local communities from Maniema district, to discuss how the community can be involved in, and benefit from the mining industry in the region.
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: Page 2, 3.
ii. Regarding the communities residing in or around national parks, H.E. President Tshisekedi accepted to facilitate and engage them in eco-friendly projects and keep them at the heart of conservation efforts.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 4, 3.
viii. Continued cessation of hostilities as well as the release of child soldiers and access to humanitarian aid.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 4, 3.
viii. Continued cessation of hostilities as well as the release of child soldiers and access to humanitarian aid.
Security sector→DDR→DDR programmes
Page 3, 3.
iv. P-DDRCS be reviewed and the recommendation by the armed groups for its leadership to be incorporated, discussions will be held on this matter between government officials of the DRC and the affected communities. H.E. President Tshisekedi committed to making a public statement to that effect.
v. A fully funded P-DDRCS to ensure a successful outcome of the EAC-led Nairobi process.
...
vii. To appeal to the international community to support the government of DRC in the implementation of the roadmap arising out of the EAC-led Nairobi process, including support to P-DDRCS.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: Page 2, 3.
i. A committee comprising of representatives of the affected communities, EAC, and the DRC government be constituted, to facilitate the release of prisoners with no criminal records of atrocities and/or criminal convictions.
Vetting: No specific mention.
Victims: Page 4, 3.
viii. Continued cessation of hostilities as well as the release of child soldiers and access to humanitarian aid.
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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://minbane.wordpress.com/2022/12/06/https-wp-me-p1xtjg-nka/
Accessed on 23/3/2023

EAST AFRICAN COMMUNITY

COMMUNIQUÉ

THE THIRD INTER - CONGOLESE DIALOGUE UNDER THE EAC- LED NAIROBI PROCESS

6TH DECEMBER, 2022

NAIROBI, KENYA

THE THIRD INTER-CONGOLESE DIALOGUE HELD UNDER THE EAC - LED NAIROBI PROCESS, ON THE RESTORATION OF PEACE AND SECURITY IN THE EASTERN DEMOCRATIC REPUBLIC OF CONGO (DRC), WAS CONVENED IN NAIROBI, KENYA, FROM 28TH NOVEMBER TO 6TH DECEMBER 2022, IN A WARM AND CORDIAL ATMOSPHERE.

HE. PRESIDENT (RTD) UHURU KENYATTA, THE FACILITATOR OF THE EAC-LED NAIROBI PROCESS, HELD CONSULTATIVE MEETINGS WITH THE ARMED GROUPS, CIVIL SOCIETY GROUPS, AND VICTIMS OF SEXUAL VIOLENCE.

SUBSEQUENT TO THESE DELIBERATIONS AND FOLLOWING CONSULTATIONS WITH THE GOVERNMENT OF DRC, IT WAS AGREED AS FOLLOWS;

A COMMITTEE COMPRISING OF REPRESENTATIVES OF THE AFFECTED COMMUNITIES, EAC, AND THE DRC GOVERNMENT BE CONSTITUTED, TO FACILITATE THE RELEASE OF PRISONERS WITH NO CRIMINAL RECORDS OF ATROCITIES AND/OR CRIMINAL CONVICTIONS.

REGARDING THE COMMUNITIES RESIDING IN OR AROUND NATIONAL PARKS, H.E. PRESIDENT TSHISEKEDI ACCEPTED TO FACILITATE AND ENGAGE THEM IN ECO-FRIENDLY PROJECTS AND KEEP THEM AT THE HEART OF CONSERVATION EFFORTS.

UNDER THE AUSPICES OF H.E. PRESIDENT TSHISEKEDI, A MEETING WOULD BE HELD BETWEEN GOVERNMENT OFFICIALS AND LOCAL COMMUNITIES FROM MANIEMA DISTRICT, TO DISCUSS HOW THE COMMUNITY CAN BE INVOLVED IN, AND BENEFIT FROM THE MINING INDUSTRY IN THE REGION.

P-DDRCS BE REVIEWED AND THE RECOMMENDATION BY THE ARMED GROUPS FOR ITS LEADERSHIP TO BE INCORPORATED.

DISCUSSIONS WILL BE HELD ON THIS MATTER BETWEEN GOVERNMENT OFFICIALS OF THE DRC AND THE AFFECTED COMMUNITIES.

H.E. PRESIDENT TSHISEKEDI COMMITTED TO MAKING A PUBLIC STATEMENT TO THAT EFFECT.

A FULLY FUNDED P-DDRCS TO ENSURE A SUCCESSFUL OUTCOME OF THE EAC-LED NAIROBI PROCESS.

HE. PRESIDENT TSHISEKEDI TO HOLD CONSULTATIONS WITH ALL THE GROUPS OF THE ONE HUNDRED AND FORTY-FIVE (145) TERRITORIES TO OFFER OPPORTUNITIES TO THE PEOPLE OF EASTERN DRC.

TO APPEAL TO THE INTERNATIONAL COMMUNITY TO SUPPORT THE GOVERNMENT OF DRC IN THE IMPLEMENTATION OF THE ROADMAP ARISING OUT OF THE EAC-LED NAIROBI PROCESS, INCLUDING SUPPORT TO P-DDRCS.

CONTINUED CESSATION OF HOSTILITIES AS WELL AS THE RELEASE OF CHILD SOLDIERS AND ACCESS TO HUMANITARIAN AID.

ON THE BASIS OF THE ABOVE ISSUES, A MEETING BE HELD IN JANUARY IN GOMA AND BUNIA, TO ASSESS THE PROGRESS ON THESE AGREEMENTS AND TO BEGIN ENGAGEMENTS ON THE MEDIUM- AND LONG-TERM PEACE AGENDA.

DONE IN NAIROBI, THE REPUBLIC OF KENYA, ON THIS 6TH DAY OF DECEMBER 2022.