Accord Politique pour la gestion consensuelle de la transition en République Démocratique du Congo

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Country/entity: Democratic Republic of Congo
Region: Africa (excl MENA)
Agreement name: Accord Politique pour la gestion consensuelle de la transition en République Démocratique du Congo
Date: 19 Apr 2002
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: DRC: Second Congo war process
Parties: Pour le gouvernement de la République Démocratique du Congo
Augustin Katumba Mwanke
Pour le Mouvement de Libération du Congo
Olivier Kamitatu Etsu
Pour le Rassemblement Congolais pour la Démocratie-Mouvement de Libération
Ernest Wamba dia Wamba
Mbusa Nyamwisi
Kambale Bahekwa
John Tibasima Atenyi
Pour le Rassemblement Congolais pour La Démocratie-National
Roger Lumbala
Dieudonné Kahasa
Pour les Mayi Mayi
Anselme Enerunga, porte parole du gén. Padiri
Yaka Swedy Kosco, pour le Comdt Dunia
Mbilizi Piko, pour le gén. Padiri
Elias Mulungula Hobigera, représ. du gén. Alunda
Kakule Sikuli Lafontaine, chef Mayi Mayi grand Nord
Raphaël Luhulu Lunghe, Comdt Grégoire Kayobo
Pour les Formations et organisations De l’Opposition politique
CODEP Raymond Tshibanda
UDRC Mokonda Bonza
UNADEF Soki Fuani Eyenga
FCI Badingaka Nicolas
FRUONAR Mulangala Médard
FSDD Marie Jeanne Nzola
PNCD Dr. Ngandu Lejabuliza
MPR fait privé Omari Lea Sisi
UNAFEC Kisimba Ngoy
PDSC André Bo-Boliko
ROM Patrice Aimé Sesanga
FSD/DC Eugène Diomi Ndongala
EGO et ROC Arthur Z’Ahidi Ngoma
MSDD Christophe Lutundula
FCN/CAD Gérard Kamanda
PIONNIERS Justin-Marie Bomboko
FPC Aziz Kumbi
DCF/N Venant Tshipasa
Opp. Pol.ext./ Afrique Prof. N.Y. Muyima
Pour les Forces Vives
Société Civile/Equateur Yves Mobando
Société Civile Jean Batoma
Société Civile/Katanga Déo Flwanakibulu Ngoy
Société Civile/Bandundu Sylvain Delma Mbo
Forces Vives/Sud Kivu Mwami Kabare
Forces Vives/FEC Athanase Matenda
Société Civile/Kinshasa Bahati Lukwebo
Société Civile/Maniema Bernard Tabezi Pene Magu
Société Civile/Sud Kivu Gervais Chirhalwirwa
Société Civile/Katanga-Kalemie Jean Manda Kansabala
Société Civile/Katanga Jacqueline Rumbu
Chef de délégation Soc.Civ. Katanga Mgr Ngoyi
Bâtonnier Moka Ngolo
L’Intersyndicale du Congo Steve Mbikayi
Société Civile/Equateur Gertrude Ekumbe Ekolo
Société Civile/Ituri Henriette Dhesi Dile
Société Civile/Province orientale Béatrice Lomeya
Société Civile/Katanga Vicky Katumwa
Société Civile/Intersyndicale Chérubin Okende Senga
Société Civile/Province de Kinshasa Marie Madeleine Kalala
Société Civile/Délégation de Bunia Abbé Sakpa Kiguma
Société Civile/Bas-Congo Marceline Kibungi
Société Civile de l’Ituri Bhavira Michel
Société Civile du Nord Kivu Abbé Muholongu Malu Malu
Société Civile de Bandundu (Kikwit) Viviane Kibuluku
Société Civile/Nord Kivu (Beni) Dyna Masika Yalala
Société Civile/Equateur Toussaint Balay
Société Civile Bas Uele (illisible)
Société Civile/Ituri Dr. Amuli Alimasi
Société Civile/Maniema Azama Asani
Société Civile/Bandundu Sébastien Mawetemoke Mbokoso
Société Civile/Prov. Orientale (Buta) Raymond Tebulani Enkose
Société Civile/Bandundu Dr. Anicet Kipasa Mungala
Société Civile/Kinshasa Mbelu Brosha
Société Civile Modeste Mutinga
Société Civile/Equateur (Gemena) Selinga K.W.
Société Civile/Kinshasa Georges Kombo Tonga Booke
Société Civile/Nord Kivu Denis Masumbuko Ngwasi
Société Civile/Prov. Or. (Kisangani) (illisible)
Société Civile/Kasaï Oriental Gertrude Biaya Ndaya
Société Civile/Sud Kivu Aurélie Bitondo
Société Civile/Kinshasa Pierre Anatole Matusila (porte-parole)
Société Civile/Bas-Congo Mgr. Philippe Dinzolele
Société Civile R.P. Jean-Luc Kuye (président)
Société Civile/Maniema Ramazani Kabengwe
Third parties: -
Description: This agreement addresses the structures and functioning of transitional institutions. Specifically it provides for the their mandates and compositions of the transitional government, the presidency, the national assembly, the Senate, the Courts and Tribunals, Armed Forces and a working group for the transitional constitution project.

Agreement document: CD_020419_AccordPolitiqueGestionConsensuelleTransition_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CD_020419_AccordPolitiqueGestionConsensuelleTransition_FR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
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): Page 6, Article 18:
The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï.
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): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2, Article 1:
During the transition,
Mr Joseph KABILA shall be President of the Republic, Head of State.
Mr Jean-Pierre BEMBA shall be Prime Minister. The Prime Minister shall be the Head of Government and president of the Council of Ministers.
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.

Page 2, Article 2:
The transitional institutions in the Democratic Republic of Congo are:
the President of the Republic;
the National Assembly;
the Senate;
the Government;
the Courts and Tribunals.

Page 3, Article 6:
The Prime Minister shall be the head of the transitional government.
He shall chair the Council of Ministers.
At the government’s request the President of the Republic may chair the Council of Ministers.
In exceptional situations, after consultation and at the invitation of the President of the Republic, the Prime Minister may convene the Council of Ministers in a meeting chaired by the President of the Republic.
The Prime Minister shall exercise regulatory power by means of decrees debated in the Council of Ministers.
The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.

Page 3-4, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.

Page 4, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and civilian security services.
It shall be fully responsible for managing State business and shall be answerable for this to the National Assembly.
The National Assembly shall manage the government, State services and public organisations by means of written questions, oral questions which may or may not be followed by debate with no vote, news questions, commissions of enquiry and of appeal.
Given the consensual nature of the transitional institutions, the Parliament may not bring a vote of no confidence in the Prime Minister or his government.
Ministers shall be personally accountable, and in case of serious transgression, shall be replaced from the component which nominated them.

Page 5, Article 12:
...
The Senate shall be responsible for:
mediating conflicts between institutions;
carrying out preparatory work on the constitution which will govern the country after the transition;
organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future.

Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
...
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.

Page 6, Article 15:
Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders.

Page 6, Article 19:
The parties agree to take all necessary measures to ensure that the new institutions of the Democratic Republic of Congo are established as soon as possible.
Elections: No specific mention.
Electoral commission: Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Political parties reform: No specific mention.
Civil society: Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security.
Constitution: Governance→Constitution→Constitutional reform/making
Page 3, Article 4:
Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.
This agreed timescale shall be included in the transitional constitution.

Page 5, Article 12:
...
The Senate shall be responsible for:
...
carrying out preparatory work on the constitution which will govern the country after the transition;

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
Page 2, Article 1:
During the transition,
Mr Joseph KABILA shall be President of the Republic, Head of State.
Mr Jean-Pierre BEMBA shall be Prime Minister. The Prime Minister shall be the Head of Government and president of the Council of Ministers.
. . .
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.
Power sharing→Political power sharing→Proportionality in legislature
Page 2, Article 1:
...
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.

Page 4-5, Article 11:
The National Assembly shall be fully representative of the national territory.
It shall consist of 425 members designated by the components and entities of the Inter-Congolese Dialogue.
Members of the National Assembly shall be called “Deputies”.
They shall have a national mandate.
The Office of the National Assembly shall include:
a President;
two deputy Presidents;
a secretary-rapporteur;
a deputy secretary-rapporteur;
No component or entity of the Inter-Congolese Dialogue may have more than one member in the Office of the National Assembly.
The National Assembly shall develop laws and oversee government business.

Page 5, Article 12:
The Senate shall be representative of the provinces and the city of Kinshasa. It shall consist of 65 members.
No component or entity may designate more than one member per province.
...
No element or entity may have more than one member in the Office of the Senate.
Power sharing→Political power sharing→Other proportionality
Page 2, Article 1:
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.

Page 6, Article 17:
A working group representing all of the elements and entities shall be established to develop the transitional constitution project.
Power sharing→Political power sharing→Form of 'veto' or communal majority
Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Page 3, Article 4:
Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.
This agreed timescale shall be included in the transitional constitution.

Page 3, Article 6:
The Prime Minister shall be the head of the transitional government.
...
The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.

Page 3-4, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.
Power sharing→Military power sharing→Joint command structures
. . .
Page 5, Article 13:
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.

Page 6, Article 16:
The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.
To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities.

Human rights and equality

Human rights/RoL general: Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
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: Page 5, Article 12:
...
The Senate shall be responsible for:
...
organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Governance of media
Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Article 5
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
... The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:
... the announcement of a state of emergency,
State of emergency provisions: Page 3, Article 5,
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
… the announcement of a state of siege,
the announcement of a state of emergency,
Judiciary and courts: Page 2, Article 2:
The transitional institutions in the Democratic Republic of Congo are:
...
the Courts and Tribunals.

Page 6, Article 14:
Following the appointment of the first President of the Supreme Court of Justice and the Procurator General of the Republic, the transitional institutions shall be established. The President of the Republic and the Prime Minister shall determine the procedures for this.
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: Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.
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: Page 6, Article 15:
Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders.
Ceasefire: No specific mention.
Police: Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security.
Armed forces: Page 2, Article 1:
During the transition,
...
The President of the Senate shall come from the unarmed political Opposition.

Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall be the supreme commander of the armed forces.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Page 2, Article 3:
The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.
...
He shall be the supreme commander of the armed forces.
...
He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.
On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Page 3, Article 5:
The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.
The Superior Defence Council shall be chaired by the President of the Republic.
The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:
the establishment of a national army,
the command and engagement structure of the armed forces,
the appointment of key military personnel,
the appointment of senior and regular officers,
the order to engage troops,
the announcement of a state of siege,
the announcement of a state of emergency,
the declaration of war,
dealing with all matters relating to the National Defence.

Page 3, Article 8:
The government shall develop national policy, as defined in the Inter-Congolese Dialogue.
It shall work with the civil service, the national police force and services of civilian security.

Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.

Page 6, Article 16:
The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.
To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Article 1:
During the transition,
...
The President of the National Assembly shall come from the Congolese Rally for Democracy.
The President of the Senate shall come from the unarmed political Opposition.

Page 3, Article 7:
In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.
The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate. For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.

Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.

Page 6, Article 18:
The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.
Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.
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: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, Article 1:
During the transition,
...
The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.

Page 5, Article 13:
The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.
...
With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.
The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.

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: http://peacemaker.un.org/

POLITICAL AGREEMENT FOR THE CONSENSUAL MANAGEMENT OF THE TRANSITION IN THE DEMOCRATIC REPUBLIC OF CONGO

Article 1

During the transition,

Mr Joseph KABILA shall be President of the Republic, Head of State.

Mr Jean-Pierre BEMBA shall be Prime Minister.

The Prime Minister shall be the Head of Government and president of the Council of Ministers.

The President of the National Assembly shall come from the Congolese Rally for Democracy.

The President of the Senate shall come from the unarmed political Opposition.

The citizen institutions, namely the Independent Electoral Commission, the High Media Authority, the Truth and Reconciliation Commission, the National Observatory for Human Rights, the Commission for Ethics and the Fight Against Corruption, shall be presided over by representatives of Civil Society/Social Forces.

Except in cases of treason, misappropriation or corruption, the President of the Republic, the President of the National Assembly, the Prime Minister, and the President of the Senate shall remain in post throughout the transition period.

Article 2

The transitional institutions in the Democratic Republic of Congo are:

the President of the Republic;

the National Assembly;

the Senate;

the Government;

the Courts and Tribunals.

Article 3

The President of the Republic shall be the guarantor of national unity and of the Republic’s territorial integrity.

He shall represent the nation.

He shall promulgate the laws.

He shall be the supreme commander of the armed forces.

He shall enact ordinances within the remit of those prerogatives recognised in the constitution.

He shall accredit ambassadors and special envoys.

He shall grant accreditation to foreign ambassadors and special envoys.

He shall appoint and dismiss (with the Prime Minister’s countersignature) Deputy Prime Ministers, Ministers and Deputy Ministers.

On the advice of the Council of Ministers he shall appoint and dismiss (with the Prime Minister’s countersignature), the Republic’s senior civil servants, army officers, senior and regular police officers, the leaders of public enterprises and those responsible for State services.

Article 4

Appointments and dismissals proposed by the Prime Minister to the President of the Republic shall be made within 7 (SEVEN) days unless specified otherwise by the President of the Republic.

This agreed timescale shall be included in the transitional constitution.

Article 5

The parties agree that the Superior Defence Council shall be responsible for the overall command of the Armed Forces.

The Superior Defence Council shall be chaired by the President of the Republic.

The composition and operation of the Superior Defence Council shall be determined by law, which shall determine its role and competencies in the following areas:

the establishment of a national army,

the command and engagement structure of the armed forces,

the appointment of key military personnel,

the appointment of senior and regular officers,

the order to engage troops,

the announcement of a state of siege,

the announcement of a state of emergency,

the declaration of war,

dealing with all matters relating to the National Defence.

Article 6

The Prime Minister shall be the head of the transitional government.

He shall chair the Council of Ministers.

At the government’s request the President of the Republic may chair the Council of Ministers.

In exceptional situations, after consultation and at the invitation of the President of the Republic, the Prime Minister may convene the Council of Ministers in a meeting chaired by the President of the Republic.

The Prime Minister shall exercise regulatory power by means of decrees debated in the Council of Ministers.

The acts enacted by this Council shall be countersigned, where necessary, by the Minister in charge of their implementation.

Article 7

In order to establish the Transitional Government, the elements and entities in the Inter-Congolese Dialogue, namely the Government of the Democratic Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the political opposition, the Social Forces, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï, shall present their candidate lists to the Prime Minister.

The Prime Minister has the power to refuse a candidate in consultation with the concerned component, in which case the latter shall propose another candidate.

For Ministries in particular areas of collaboration, the President of the Republic may refuse candidates proposed for these functions in consultation with those Ministries.

Article 8

The government shall develop national policy, as defined in the Inter-Congolese Dialogue.

It shall work with the civil service, the national police force and services of civilian security.

It shall be fully responsible for managing State business and shall be answerable for this to the National Assembly.

The National Assembly shall manage the government, State services and public organisations by means of written questions, oral questions which may or may not be followed by debate with no vote, news questions, commissions of enquiry and of appeal.

Given the consensual nature of the transitional institutions, the Parliament may not bring a vote of no confidence in the Prime Minister or his government.

Ministers shall be personally accountable, and in case of serious transgression, shall be replaced from the component which nominated them.

Article 9

In addition to the Prime Minister, the government shall include Deputy Prime Ministers, Ministers and Deputy Ministers.

The Ministries for collaboration between the President of the Republic and the government are the Ministries of Foreign Affairs, of Defence and of the Interior.

Article 10

The Prime Minister shall keep the President of the Republic fully informed about matters of State.

To this end, the Prime Minister shall inform the President of the Republic of items on the agenda of the Council of Ministers and of decisions taken there.

Article 11

The National Assembly shall be fully representative of the national territory.

It shall consist of 425 members designated by the components and entities of the Inter-Congolese Dialogue.

Members of the National Assembly shall be called “Deputies”.

They shall have a national mandate.

The Office of the National Assembly shall include:

a President;

two deputy Presidents;

a secretary-rapporteur;

a deputy secretary-rapporteur;

No component or entity of the Inter-Congolese Dialogue may have more than one member in the Office of the National Assembly.

The National Assembly shall develop laws and oversee government business.

Article 12

The Senate shall be representative of the provinces and the city of Kinshasa.

It shall consist of 65 members.

No component or entity may designate more than one member per province.

They must be aged at least 40 at the time of their appointment.

The Office of the Senate shall include:

a President;

two deputy Presidents;

a secretary-rapporteur;

a deputy secretary-rapporteur.

No element or entity may have more than one member in the Office of the Senate.

The Senate shall be responsible for:

mediating conflicts between institutions;

carrying out preparatory work on the constitution which will govern the country after the transition;

organising a forward-looking deliberation on the future of the country, and proposing ways to put in place a democratic and modern State following the transition, able to withstand the challenges of the future.

Article 13

The parties agree that following the Inter-Congolese Dialogue, a mechanism to form a restructured and integrated National Army shall be established, including the Armed Forces of the Government of the National Republic of Congo, the Armed Forces of the Congolese Assembly for Democracy and the Armed Forces of the Congo Liberation Movement, in accordance with point 20 of item 3 of the principles of the Lusaka Agreement.

The mechanism for establishing the new Congolese Army shall include the Officers of the Armed Forces of the Government of the National Republic of Congo, the Officers of the Armed Forces of the Congolese Assembly for Democracy and the Officers of the Armed Forces of the Congolese Liberation Movement.

With a view to peace, unity and national reconciliation, the above mechanism should include the armed forces of the RCD/ML, of the RCD/N and the Maï-Maï, using procedures to be defined by the political transitional institutions determined by the National Dialogue.

The mechanism shall be under the authority of the political transitional institutions determined by the National Dialogue.

Article 14

Following the appointment of the first President of the Supreme Court of Justice and the Procurator General of the Republic, the transitional institutions shall be established.

The President of the Republic and the Prime Minister shall determine the procedures for this.

Article 15

Appropriate security measures shall be put in place in the city of Kinshasa before the establishment of new institutions and their leaders.

Article 16

The President of the Republic, the Prime Minister, the President of the Parliament and of the Senate shall undertake to ensure their common security and to establish an atmosphere of mutual confidence in the greater interest of the Congolese people.

To this end, the Minister of Defence, the Chief of Staff, the Chief of Staff of the ground forces and other members of the integrated forces to be established, shall come from the belligerent components and entities.

Article 17

A working group representing all of the elements and entities shall be established to develop the transitional constitution project.

Article 18

The present Agreement shall result in the reunification of all of the territories under the control of the belligerent elements and entities, namely the Government of the Republic of Congo, the Congo Liberation Movement, the Congolese Rally for Democracy, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for National Democracy, and the Maï-Maï.

Article 19

The parties agree to take all necessary measures to ensure that the new institutions of the Democratic Republic of Congo are established as soon as possible.

Article 20

The parties invite the international community, in particular the United Nations, the African Union, the European Union, the Republic of South Africa, Zambia, and the United States of America, to support the present Agreement.

Article 21

The signatory parties shall commit to the present Agreement from the date of signing.

Done at Sun City 19 April 2002

Signatures

Pour le gouvernement de la République Démocratique du Congo

Augustin Katumba Mwanke

Pour le Mouvement de Libération du Congo

Olivier Kamitatu Etsu

Pour le Rassemblement Congolais pour la Démocratie-Mouvement de Libération

Ernest Wamba dia Wamba

Mbusa Nyamwisi

Kambale Bahekwa

John Tibasima Atenyi

Pour le Rassemblement Congolais pour La Démocratie-National

Roger Lumbala

Dieudonné Kahasa

Pour les Mayi Mayi

Anselme Enerunga, porte parole du gén.

Padiri

Yaka Swedy Kosco, pour le Comdt Dunia

Mbilizi Piko, pour le gén.

Padiri

Elias Mulungula Hobigera, représ.

du gén.

Alunda

Kakule Sikuli Lafontaine, chef Mayi Mayi grand Nord

Raphaël Luhulu Lunghe, Comdt Grégoire Kayobo

Pour les Formations et organisations De l’Opposition politique

CODEP Raymond Tshibanda

UDRC Mokonda Bonza

UNADEF Soki Fuani Eyenga

FCI Badingaka Nicolas

FRUONAR Mulangala Médard

FSDD Marie Jeanne Nzola

PNCD Dr. Ngandu Lejabuliza

MPR fait privé Omari Lea Sisi

UNAFEC Kisimba Ngoy

PDSC André Bo-Boliko

ROM Patrice Aimé Sesanga

FSD/DC Eugène Diomi Ndongala

EGO et ROC Arthur Z’Ahidi Ngoma

MSDD Christophe Lutundula

FCN/CAD Gérard Kamanda

PIONNIERS Justin-Marie Bomboko

FPC Aziz Kumbi

DCF/N Venant Tshipasa

Opp. Pol.ext./ Afrique Prof. N.Y. Muyima

Pour les Forces Vives

Société Civile/Equateur Yves Mobando

Société Civile Jean Batoma

Société Civile/Katanga Déo Flwanakibulu Ngoy

Société Civile/Bandundu Sylvain Delma Mbo

Forces Vives/Sud Kivu Mwami Kabare

Forces Vives/FEC Athanase Matenda

Société Civile/Kinshasa Bahati Lukwebo

Société Civile/Maniema Bernard Tabezi Pene Magu

Société Civile/Sud Kivu Gervais Chirhalwirwa

Société Civile/Katanga-Kalemie Jean Manda Kansabala

Société Civile/Katanga Jacqueline Rumbu

Chef de délégation Soc.

Civ.

Katanga Mgr Ngoyi

Bâtonnier Moka Ngolo

L’Intersyndicale du Congo Steve Mbikayi

Société Civile/Equateur Gertrude Ekumbe Ekolo

Société Civile/Ituri Henriette Dhesi Dile

Société Civile/Province orientale Béatrice Lomeya

Société Civile/Katanga Vicky Katumwa

Société Civile/Intersyndicale Chérubin Okende Senga

Société Civile/Province de Kinshasa Marie Madeleine Kalala

Société Civile/Délégation de Bunia Abbé Sakpa Kiguma

Société Civile/Bas-Congo Marceline Kibungi

Société Civile de l’Ituri Bhavira Michel

Société Civile du Nord Kivu Abbé Muholongu Malu Malu

Société Civile de Bandundu (Kikwit) Viviane Kibuluku

Société Civile/Nord Kivu (Beni) Dyna Masika Yalala

Société Civile/Equateur Toussaint Balay

Société Civile Bas Uele (illisible)

Société Civile/Ituri Dr. Amuli Alimasi

Société Civile/Maniema Azama Asani

Société Civile/Bandundu Sébastien Mawetemoke Mbokoso

Société Civile/Prov.

Orientale (Buta) Raymond Tebulani Enkose

Société Civile/Bandundu Dr. Anicet Kipasa Mungala

Société Civile/Kinshasa Mbelu Brosha

Société Civile Modeste Mutinga

Société Civile/Equateur (Gemena) Selinga K.W.

Société Civile/Kinshasa Georges Kombo Tonga Booke

Société Civile/Nord Kivu Denis Masumbuko Ngwasi

Société Civile/Prov.

Or. (

Kisangani) (illisible)

Société Civile/Kasaï Oriental Gertrude Biaya Ndaya

Société Civile/Sud Kivu Aurélie Bitondo

Société Civile/Kinshasa Pierre Anatole Matusila (porte-parole)

Société Civile/Bas-Congo Mgr.

Philippe Dinzolele

Société Civile R.P. Jean-Luc Kuye (président)

Société Civile/Maniema Ramazani Kabengwe

An initial agreement governing relations between the President of the Republic and the President of the Congo Liberation Movement, was signed in 17 April 2002, by experts from both parties.

For the Government of the Democratic Republic of Congo:

Augustin Katumba Mwanke, Théophile Mbemba, Samba Kaputo, Vital Kamerhe, Ntumba Luaba and Colonel Didier Etumba.

For the Congo Liberation Movement, Olivier Kamitatu, François Muamba, Lunda-Bululu, Thwambe-Mwamba, José Endundo and Commander Valentin Senga.

This agreement was approved by persons and several high moral authorities from all the components of the Inter-Congolese Dialogue.