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 Dec 2013
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
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.
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
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
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
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
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.

Joint ICGLR-SADC Final Communiqué on the Kampala Dialogue

Following the request by H. E. Joseph Kabila Kabange, President of the DRC and by H. E. Ban Ki-moon, Secretary General of the United Nations to H. E. Yoweri K. Museveni, President of the Republic of Uganda and Chairperson of ICGLR;

and the decision of the International Conference of the Great Lakes Region (ICGLR) Extraordinary Summit on 8th August 2012 concerning the security situation in eastern DRC;

and the Declaration of the Heads of State and Government of the International Conference of the Great Lakes Region (ICGLR) signed at Kampala on 24 November 2012, requesting the Government of the Democratic Republic of Congo to give the M23 a hearing, to evaluate its grievances and to respond to those which proved legitimate.

President Yoweri K. Museveni took on the task of mediating between the Government of the DRC and M23.

Formal dialogue started 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.

On 5th November 2013 at Kampala, Uganda, M23 issued a declaration that it had renounced rebellion and had requested its combatants to prepare for the process of disarmament, demobilization and social reintegration.

On 6th November 2013, the DRC Government issued its own declaration taking note of the renunciation of rebellion by M23 and announced that it was going to take measures to facilitate and render irreversible the renunciation of the rebellion by M23.

Today the DRC Government and M23 have respectively signed Declarations reflecting the consensus reached during the Kampala Dialogue on steps necessary to end the armed activities of M23 and on

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measures necessary for the realization of long term stability, reconciliation and development in eastern DRC.

The two Declarations taken together articulate the eleven points that were negotiated and agreed upon by the Parties.

In summary the eleven points are:

Decision by M23 to end rebellion and transform itself into a legitimate political party;

Amnesty to members of M23 only for acts of war and insurgency;

Transitional security arrangements leading to disarmament;

Release of M23 members under detention by the DRC Government for acts of war and rebellion;

Demobilization of the former M23 combatants;

Return of refugees and internally displaced persons to their homes;

Formation of a commission to handle confiscated, extorted, stolen, looted and destroyed properties, including land;

National reconciliation and justice;

Social, security and economic reforms;

Implementation of the conclusions of the review of the implementation of the 23rd March 2009 Agreement;

and

Implementation, monitoring and evaluation mechanism for the agreed positions.

The Declaration by the DRC Government and the Declaration by M23 are attached to this Communiqué as Annexes 1 and 2 respectively, and articulate the eleven points (attached as Annex 3).

It will be recalled that at the end of the Joint ICGLR-SADC Summit on 4th November 2013 in Pretoria, Republic of South Africa, the Heads of State and Government of ICGLR and SADC countries in their Joint Communiqué noted that all the eleven issues under discussion in

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the Kampala Dialogue had been agreed upon and an agreement was to be signed.

On 2nd December 2013, following a Summit between H. E. President Joseph Kabila Kabange and H. E. President Yoweri K. Museveni at Entebbe, Uganda, a Communiqué was issued calling for the conclusion of the Kampala Dialogue in order to facilitate the peaceful return of M23 ex-combatants and the completion of the demobilization process.

Accordingly, we the Chairpersons of ICGLR and SADC acting on behalf of our respective sub-regions hereby witness the Declarations respectively signed by the M23 and the DRC Government.

We welcome the conclusion of the Kampala Dialogue and commend the parties for this achievement.

We encourage them to fulfill their commitments.

We thank the team of Special Envoys led by Mrs. Mary Robinson, Special Envoy of the UN Secretary-General for the Great Lakes Region, which included:

(a) Mr. Boubacar Diarra Special Representative of the Chairperson of the Africa Union Commission for the Great Lakes Region;

(b) Mr. Russell Feingold, Special Envoy of the Unites States to the Great Lakes region;

(c) Mr. Koen Vervaeke, Senior Coordinator of the European Union, for the Great Lakes Region;

and

(d) Mr. Martin Kobler, Special Representative of the Secretary General and Head of the UN Mission in the DRC (MONUSCO)

for their diplomatic engagement, which invaluably supported the facilitation of the Kampala Dialogue.

We commend Dr Crispus Kiyonga Minister of Defense of the Republic of Uganda for his tireless efforts in facilitating the talks till their logical conclusion.

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We also commend the Executive Secretariats of ICGLR and SADC for their support to the process and call upon them to remain engaged to support implementation of the commitments.

Finally we call upon the international partners, particularly the United Nations and the African Union to work together and provide support and resources to the Government of the DRC for the implementation of the commitments made at the Kampala Dialogue and its follow-up process, as appropriate.

Done in Nairobi, Kenya, 12 December 2013

............................................ ...........................................................

H.E. Yoweri K Museveni H.E. Dr Joyce Banda

President of the Republic President of

of Uganda and Chairperson the Republic of Malawi and

of ICGLR Chairperson of SADC

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Annex 1

DEMOCRATIC REPUBLIC OF CONGO

DECLARATION OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF

CONGO AT THE END OF THE KAMPALA TALKS

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO,

HEREINAFTER REFERRED TO AS THE GOVERNMENT;

Considering the Declaration of the Heads of State and Government of the International Conference on the Great Lakes Region (ICGLR) signed at Kampala on 24 November 2012, requesting the Government of the Democratic Republic of Congo to give the M23 a hearing, to evaluate its grievances and to respond to those which provided legitimate;

Recalling the request of H.E. Joseph Kabila Kabange, President of the Republic of Congo and that of H.E. Ban Ki Moon, Secretary General of the United Nations to President Museveni, President of the Republic of Uganda and current Chair of the ICGLR, to assist in finding a political solution to the conflict between the DRC Government and the M23;

and that H.E. President Museveni has appointed as Facilitator of the talks the Honourable Dr C.W.C.B. Kiyonga, Minister of Defence of the Republic of Uganda;

Taking into account the conclusion of the re-evaluation of the implementation of the Agreement of 23 March 2009 concluded between the Government of the Democratic Republic of Congo and the Congrès National pour la Défense du Peuple (CNDP);

Considering the Framework Agreement for Peace, Security and Cooperation for the Democratic Republic of Congo and the Region signed at Addis Ababa, Ethiopia, on 24 February 2013;

Considering United Nations Security Council Resolution 2098 on the Democratic Republic of Congo, adopted on 28 March 2013;

Considering the declaration made on 5 November 2013 at Kampala by the M23 announcing the permanent end to its rebellion and the availability of its combatants for the process of disarmament, demobilization and social reintegration;

Considering its own declaration made at Kinshasa on 6 November 2013, taking note of the aforementioned declaration by the M23 and announcing that it planned to take the appropriate measures to facilitate and render irreversible the concretization of the end of the M23 rebellion;

Recalling the Communiqué published at the conclusion of the Summit between H.E. President Joseph Kabila Kabange and H.E. President Yoweri K. Museveni, at Entebbe, Uganda, on 2 December 2013 calling for the Kampala talks to be swiftly concluded in order to facilitate the peaceful return of the ex-combatants of the M23 and to successfully carry out the process of their demobilization;

Desirous of guaranteeing sustainable peace in eastern Democratic Republic of Congo, in the strict observance of the Sovereignty, territorial integrity and Constitution of the country;

At the conclusion of the talks held at Kampala with the M23;

DECLARES AS FOLLOWS:

1. Amnesty

1.1 The Government commits itself to grant amnesty to the members of the M23 for acts of war and insurrection, covering the period from 1 April 2012 to the present.

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.

1.1 In order to benefit from the Amnesty, each member of the M23 shall be obliged to make a personal commitment in writing, to refrain permanently from the use of weapons or from participating in an insurgency movement to ensure the success of any demand.

Any violation of this commitment shall automatically render the amnesty thereby granted null and void and would disqualify the author of the violation from any subsequent amnesty.

2. Transitional security arrangements

2.1 The Government commits itself to respect and implement the transitional security arrangements.

The transitional security arrangements shall include the cantonment, disarmament, demobilization and social reintegration of the M23 ex-combatants, as laid down in Annex A, and whose implementation shall be adapted to the development of the situation on the ground, including the fact that some M23 ex-combatants have fled to Uganda where they have been received.

2.2 The process of cantonment and disarmament shall be conducted with the support of the United Nations organisation Stabilization Mission in the Democratic Republic of Congo (MONUSCO).

2.3 The Government, with the support of the United Nations Organization, shall be responsible for the provision of the necessary logistics throughout the whole implementation period of the transitional security arrangements.

2.4 The process of disarmament, demobilization, social reintegration and the granting of amnesty shall follow the order laid down in Annex B;

3. Release of prisoners

3.1 The Government commits itself to release members of the M23 imprisoned for acts of war and insurrection, the list of whom shall be submitted by the M23, and shall hand them over to the International Committee of the Red Cross (ICRC).

3.2 The ICRC shall be responsible for reuniting these prisoners with their families.

4. Transformation of the M23

The Government commits itself to give favourable consideration to any potential request from the members of the M23 to form a political party, in accordance with the Constitution and the laws of the Democratic Republic of Congo.

5. Demobilization and social reintegration

5.1 Subject to the amnesty granted in accordance with the provision above relating thereto, the demobilization and social reintegration of the ex-combatants of the M23 shall be conducted by the appropriate structures of the Government, with the support of MONUSCO and of the other bilateral and multilateral partners.

5.2 As far as possible, and subject to, the requirements of equity and democratic governance, the Government shall provide the necessary resources for the social reintegration of the demobilized ex-combatants.

6. Return and resettlement of the refugees and internally displaced persons

6.1 The Government commits itself to work towards the rapid implementation of the tripartite Agreements on the repatriation of refugees signed with the neighbouring States and the Offices of the United Nations High commissioner for Refugees, and for the resettlement of internally displaced persons.

6.2 To this end, the Government will continue to work with MONUSCO to improve security in the conflict areas, to ensure the protection of the civilian population and to resolve the problem of the negative forces.

6.3 For each of the refugee return areas, the Government commits itself to:

(i) Render these areas secure, make them viable and attractive;

(ii) Accelerate the deployment of the community police force;

(iii) Accelerate the establishment of grassroots development projects and social reintegration;

(iv) Revitalize and expand the local conciliation committees;

(v) Present a detailed action programme for the return of the refugees and internally displaced persons in the framework of the tripartite Agreements.

6.4 In order to encourage refugees to return, the Government undertakes to include representatives of the ex-M23 in the national body responsible for refugee issues.

7. Despoiled, extorted, stolen, looted and destroyed property

7.1 The Government commits itself to set up a Commission tasked with identifying despoiled, extorted, stolen, looted and destroyed property, to examine every case and to refer them to the competent courts, for the purpose of restoring their rights to the legitimate owners.

7.2 This Commission shall be constituted in a representative and inclusive manner taking due account of the principal parties involved, including the representatives of the ex-M23.

8. National Reconciliation and Justice

8.1 The Government commits itself to establish a National Reconciliation Commission whose task shall be:

(i) to promote national reconciliation and peaceful conflict resolution;

(ii) to fight, including by recommending appropriate legislation, against ethnic discrimination and incitement to hatred;

(iii) to settle or resolve interethnic conflicts, including land conflicts;

(iv) to provide civic education to promote peaceful coexistence, to achieve a better understanding of the rights and responsibilities of citizenship and to strengthen patriotism;

and

(v) to deal with all related issues.

8.2 The National Reconciliation Commission shall be formed from upright and representative individuals, selected in accordance with the principles of equity, inclusion and equality.

Representatives of the M23 will be included.

8.3 The National Reconciliation Commission shall be placed under the supreme authority of the President of the Republic and under the direct supervision of the Prime Minister.

8.4 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, 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.

9. Governance and socio-economic reforms

In accordance with the Framework Agreement of 24 February 2013, the Government reaffirms its determination to pursue the implementation of structural and institutional reforms, including reforms of the security sector, public administration, public finance, the justice system, natural resources management and the implementation of decentralization, and to put into effect the conditions for local governance as laid down in the Constitution and by the laws in force, notably the provision allocating 40% of national revenue to the provinces.

10. Implementation of the conclusions of the Review of the Peace Agreement of 23 March 2009

The Government reaffirms its determination to finalize the implementation of the commitments which had been made in the context of the Agreement of 23 March 2009 signed with the CNDP and which, as stipulated in the conclusions of the re-evaluation of the said Agreement (see Annex C) have not been honoured or have been only partly fulfilled, which are still current and which are not specifically addressed in the present Declaration, notably the commitment concerning rehabilitation and development of the war-affected areas.

Desirous of ensuring effectiveness, the Government commits itself to entrust this task to an appropriate structure.

11. Implementation, follow-up and evaluation mechanism

11.1 The follow-up and evaluation of the implementation of the present Declaration shall be conducted by the National Follow-up Mechanism of national commitments made by the Democratic Republic of Congo under the Framework Agreement of 24 February 2013.

To this end, the National Follow-up Mechanism shall develop the follow-up criteria required to guarantee the effective monitoring of the said implementation.

11.2 The Government shall appoint a Coordinator responsible for following up the implementation of the present Declaration with the National follow-up Mechanism.

11.3 The Executive Secretariat of the ICGLR shall support the National Follow-up Mechanism in this task for a period of six months, renewable once.

Done at Nairobi on 12 December 2013

For the Government of the Democratic Republic of Congo

............................................................................................

Raymond Tshibanda Ntungamulongo

Minister of Foreign Affairs, International Cooperation and Francophonie

DECLARATION

OF

COMMITMENTS BY THE MOVEMENT OF MARCH 23 AT THE CONCLUSION

OF THE KAMPALA DIALOGUE

12th December 2013

Nairobi, Kenya

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The Movement of March 23 (hereinafter referred to as M23):-

Considering the Declaration of the Heads of State and Government of the International Conference on the Great Lakes Region (ICGLR) signed at Kampala on 24 November 2012, requesting the Government of the Democratic Republic of Congo, hereinafter referred to as the Government, to give the M23 a hearing, to evaluate its grievances and to respond to those which proved legitimate;

Recalling the request of H.E. Joseph Kabila Kabange, President of the Republic of Congo and that of H. E. Ban Ki Moon, Secretary General of the United Nations to President Museveni, President of the Republic of Uganda and currently Chair of the ICGLR, to assist in finding a political solution to the conflict between the DRC Government and the M23;

and that H.E. President Museveni has appointed as Facilitator of the talks the Honourable Dr. C.W.C.B Kiyonga, Minister of Defence of the Republic of Uganda;

Having concluded the Dialogue between the M23 and the Government of the Democratic Republic of Congo (DRC) (hereinafter referred to as “the Government” that has been taking place in Kampala, Uganda, under the mediation of H.E. Yoweri K. Museveni, President of the Republic of Uganda, and on instruction of President Museveni, under the facilitation of Hon.

Dr. C.W.C.B. Kiyonga, Minster of Defence of the Republic of Uganda;

Taking into account the outcome of the review of the status of implementation of the Agreement of March 23, 2009 between the Government of the Democratic Republic of Congo (DRC) and the Congrès National pour la Défense du Peuple (CNDP);

Recalling its declaration at Kampala, Uganda on 5th November 2013 that it had renounced rebellion and requested its ex-combatants to prepare for the process of disarmament, demobilization and social reintegration;

Considering the declaration made by the Government at Kinshasa, DRC, on 6th November 2013 taking note of the renunciation of rebellion by M23 and announcing measures to facilitate and render irreversible the renunciation of the rebellion;

Recalling the Communiqué of the Joint ICGLR-SADC Summit that took place on 4th November 2013 in Pretoria, South Africa, which, inter alia, commended H.E. Yoweri K. Museveni, President of the Republic of Uganda and Chairperson of the ICGLR for his efforts in facilitating the Kampala Dialogue and noted that all the 11 issues under discussion in the Kampala Dialogue had been agreed upon;

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Further recalling the Communiqué issued at the conclusion of the Summit between H.E. President Joseph Kabila Kabange and H.E. President Yoweri K. Museveni at Entebbe, Uganda on 2nd December 2013 to the effect that the Kampala Dialogue should be brought to a conclusion in order to facilitate the peaceful return of M23 ex-combatants and the completion of the process of demobilization.

DECLARES as follows:

1. End of rebellion

M23 confirms that it has renounced its rebellion.

2. Amnesty

2.1 The M23 accepts that to benefit from the amnesty, each member of the M23 shall be required to make a personal commitment in writing to refrain permanently from the use of weapons or from participating in an insurgency movement to ensure the success of any demand.

2.2 Any violation of this commitment shall automatically render the amnesty thereby granted null and void and would disqualify the perpetrator of the violation from any subsequent amnesty.

3. Transitional security arrangements

3.1 The M23 commits itself to comply with and implement the transitional security arrangements, the details of which will be defined by the proposed Annex A as adjusted to reflect the changed situation on the ground, including the fact that some members of M23 fled to Uganda where they were received.

3.2 Disarmament, demobilization, social reintegration and the granting of amnesty shall follow the order shown in Annex B.

4. Release of prisoners

4.1 Upon the signing of this Declaration, the M23 undertakes to produce a list of its members who are imprisoned for acts of war and insurrection so that they may released.

4.2 The said prisoners shall be handed over to the International Committee of the Red Cross (ICRC).

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4.3 The ICRC shall be responsible for reuniting them with their families.

5. Transformation of M23

M23 members reserve the right to change its name and become a political party in accordance with the Constitution and Laws of the DRC.

6. Return and resettlement of refugees and internally displaced persons

In order to encourage the return of refugees, M23 representatives shall be included in the national structure responsible for handling refugee issues.

7. Despoiled, extorted, stolen, looted and destroyed property

M23 representatives shall be included in the Commission that the Government shall set up, tasked with identifying despoiled, extorted, stolen, looted and destroyed property, to examine every case and to refer them to the competent courts, for the purpose of restoring their rights to the legitimate owners.

8. National reconciliation and justice

8.1 By virtue of the principle of inclusion, M23 representatives shall participate in the National Reconciliation Commission which shall be established by the Government.

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.

9. Mechanism for implementation, monitoring and evaluation

M23 shall designate, for the implementation of its commitments, a Coordinator in charge of following-up the said implementation with the National Oversight Mechanism established under the Framework Agreement for Peace, Security and Cooperation for the DRC signed in Addis Ababa, Ethiopia, on 24 February 2013.

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DECLARED at Nairobi, Kenya, this 12th day of December 2013.

...............................................

Bertrand Bisimwa

Chairman of M23 Movement

FOR AND ON BEHALF OF M23

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Annex A

TRANSITIONAL SECURITY ARRANGEMENTS

DEFINITIONS

Transitional Security Arrangements:

Transitional Security Arrangements shall mean “All security-related activities of a temporary nature agreed to by the Government of the DRC and M23 which include:

the cessation of all military activities by M23;

disengagement, cantonment, disarmament, demobilization and social re-integration of M23 combatants”.

Transitional Security Arrangements Implementation Mechanism (TSAIM): The TSAIM is a temporary structure responsible for coordinating the implementation of all Transitional Security Arrangements activities until the M23 combatants are transferred to the Secondary Cantonment Sites.

Primary Cantonment Sites:

Sites jointly pre-determined by the Government of the DRC and M23, where M23 combatants will be cantoned following their withdrawal from their positions, and where registration, disarmament as well as the initial screening of the wounded, the sick, the disabled, and the elderly will be undertaken.

Secondary Cantonment Sites:

Sites determined by the Government of the DRC, to which M23 combatants will be transported from their Primary Cantonment Sites for final administrative and logistical arrangements such as the verification process for demobilization, and social reintegration.

Conflict Zones:

Geographical areas where M23 and the FARDC troops have clashed, i.e. the Provinces of North Kivu and South Kivu.

Security Zone:

Area around the routes to be used by the M23 combatants and the Primary Cantonment Sites.

I. PRINCIPLES FOR THE IMPLEMENTATION OF THE TRANSITIONAL SECURITY ARRANGEMENTS

1. Both Parties shall implement the Transitional Security Arrangements and shall be assisted by MONUSCO acting under its chain of command, ICGLR and SADC.

2. The Parties shall demonstrate commitment to establish a climate of mutual trust throughout the period of implementation of the Transitional Security Arrangements.

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3. The FARDC, with support from MONUSCO, shall provide maximum security for the Transitional Security Arrangements.

4. The Government of the Democratic Republic of Congo, through its structures, in this instance, the General Staff of the Armed Forces and the Unit for the Execution of the National Programme for Disarmament, Demobilization and Reintegration (UE-PNDDR) and with the support of MONUSCO, shall be responsible for the planning and implementation of the process of disarmament, demobilization and social reintegration.

5. A Transitional Security Arrangements Implementation Mechanism (TSAIM) shall be established to build a climate of confidence in the implementation of the transitional security arrangements and shall be placed under the authority of the FARDC assisted by MONUSCO, M23 representatives and ICGLR and SADC Observers shall also be part of the Mechanism.

The role of the TSAIM shall expire at the end of the activities in the Primary Cantonment Sites.

6. The parties listed below shall be asked to provide their support for the implementation of the Transitional Security Arrangements:

i. MONUSCO;

ii. United Nations Agencies;

iii. UE-PNDDR;

iv: ICGLR;

v. SADC

7. Following the signature of Declaration, the Parties shall guarantee to MONUSCO unimpeded access on the ground throughout the period of implementation of the transitional security arrangements.

II. DISENGAGEMENT, PRIMARY CANTONMENT AND DISARMAMENT OF M23

GENERAL PROVISIONS

8. The parties agree that the transitional security arrangements require an appropriate process of disengagement, cantonment and disarmament.

9. The TSAIM shall be responsible for the co-ordination and management of disengagement from the forward edge of the battle area (FEBA) to the Primary Cantonment Sites as well as the disarmament of M23 troops.

10. The Transitional Security Arrangements process shall be conducted in the following sequence:

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i. Preparation for disengagement;

ii. Phase 1:

Disengagement;

iii. Phase 2:

Cantonment;

iv. Phase 3:

Disarmament.

11. The three phases of the Transitional Security Arrangements shall lead to the demobilization and social reintegration of the M23 ex-combatants.

12. Creating awareness among Field Commanders:

The Parties shall inform their field commanders of all the details of the plans and the rules relating to the above-mentioned phases and shall ensure compliance.

The Government, with the support of MONUSCO, shall launch a public information campaign towards the population about the peace agreement between the Government and M23.

13. Location of Forces:

The Parties shall inform the TSAIM of the exact location of their forces and this shall be indicated clearly on maps.

14. Updated Maps:

The TSAIM shall provide the Parties with an updated map of the positions, security zones, humanitarian supply routes and other routes as well as the Primary Cantonment Sites.

15. Violation of the Transitional Security Arrangements:

Any breach of the rules relating to the implementation of the transitional security arrangements appearing in this Annex shall constitute a violation.

The TSAIM shall conduct verification and provide an appropriate solutions.

DECISION-MAKING AND COMMUNICATION

16. The TSAIM shall define its own terms of reference as well the rules of procedure for its smooth operation and conduct of its activities.

VERIFICATION

17. For the purposes of implementing the transitional security arrangements as a whole, the TSAIM shall verify information submitted by M23, including their exact location and equipment number and types of weapons, the strength of their forces including the presence of any children among the ranks and other information that the TSAIM may request.

This information shall remain confidential throughout the phases of preparation and disengagement.

MONITORING

18. The Government of the DRC shall question MONUSCO to monitor the implementation of Transitional Security Arrangements activities such as:

the progressive movement of the FARDC into areas vacated by the M23 troops;

the movement of the M23 troops to the Primary and Secondary Cantonment

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Sites, activities in these sites, movement during the demobilization phase;

any other activities of the Parties relating to the Transitional Security Arrangements.

SECURITY OF THE TRANSITIONAL ARRANGEMENTS

19. The FARDC with the support of MONUSCO shall provide maximum security for the transitional security arrangements by conducting the following activities:

i. Patrolling and securing the security zone, all routes used for humanitarian assistance and by M23 during disengagement and movement to the Primary Cantonment Sites;

ii. Carrying out operations against any armed group that might pose an immediate threat to the implementation of the Agreement.

20. FARDC AND M23 shall not conduct any hostile activities towards each other.

HUMANITARIAN SECURITY

21. The Parties agree to refrain from acts that might jeopardize the humanitarian operations in North Kivu and reiterate their commitment to create appropriate security conditions for the unimpeded flow of humanitarian assistance, to guarantee security in the IDP camps and to create an atmosphere conducive to the voluntary and sustained return in complete safety of IDPs and refugees to their areas of origin.

Phase One:

Disengagement

22. Reconnaissance Team (RT).

Following the signature of the Declaration, the TSAIM shall set up a reconnaissance team consisting of the FARDC, of an M23 liaison person, with Officers of the ICGLR and SADC and with the participation of MONUSCO, tasked with carrying out the reconnaissance of the routes and Cantonment Sites for M23.

23. Concept of Disengagement:

M23 troops shall begin the process of disengagement from the front line and movement to the Primary Cantonment Sites in anticipation of disarmament and demobilization.

Phase Two:

Cantonment

24. The Primary Cantonment of M23 shall be conducted at the Sites determined by mutual agreement between the two Parties and which shall be marked on a Map authenticated by the TSAIM.

25. The movement of the M23 troops to the Primary Cantonment Sites shall be done progressively, in stages, in order to establish a climate of confidence.

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26. The criteria for the selection of the Primary Cantonment Sites shall include the following:

i. Easy of protection;

ii. Accessible by both road and air;

iii. At a distance from civilian population;

iv. Availability of water;

v. Situated far from borders with neighbouring countries;

vi. Capacity to accommodate the troops.

27. The Primary Cantonment Sites shall be determined after reconnaissance.

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.

29. During the Primary Cantonment, the M23, with the agreement of the TSAIM, shall have a limited number of individual weapons necessary for the protection of the Site.

The number and size of the Primary Cantonment Sites and the possible threats thereto shall determine the number and type of weapons to be held by M23 during cantonment.

30. The M23 troops shall remain in the Primary Cantonment Sites and their officers shall be responsible for discipline among the troops and internal security.

31. In the Primary Cantonment Sites, the following activities shall be conducted:

i. Registration of the troops;

ii. Initial screening of the wounded, the sick, and the disabled among the M23 troops;

iii. Registration and recovery of weapons, munitions and other equipment recorded in Minutes;

iv. Secure storage of weapons and munitions;

v. Total disarmament;

vi. Supply of non-military goods;

vii. Preparation for evacuation to Secondary Cantonment Sites;

distribution of specific kits, clothing and other logistical equipment.

Phase Three:

Disarmament

32. Disarmament shall be conducted in the Primary Cantonment sites and individual and support weapons, artillery weapons and their respective ammunition supplies shall be rendered safe by MONUSCO before they are handed over to the FARDC or destroyed.

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RE-ESTABLISMENT OF STATE AUTHORITY

33. The Government of the DRC, with support from MONUSCO, shall re-establish State authority in areas previously occupied by M23 as defined in the Declaration.

34. Defence and security services of the Government of the DRC shall ensure the security of M23 supporters and sympathizers in all areas vacated and handed over to the Government by M23.

III. SECONDARY CANTONMENT, DEMOBILIZATION AND SOCIAL REINTEGRATION

35. The Secondary Cantonment Sites shall be in Province Orientale at locations determined by the Government for the purposes of demobilization and social reintegration.

DEMOBILIZATION AND SOCIAL REINTEGRATION

36. The UE-PNDDR shall be responsible for the demobilization and social reintegration process with the support of MONUSCO, the international community and the UN Agencies.

37. The Government of the DRC shall be responsible for developing a detailed demobilization and social reintegration plan.

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TIMETABLE OF ACTIVITIES

SERIAL

ACTIVITY

PROPOSED TIME

RESPONSIBILITY

1.

Signing of the Declaration

D-Day

Government and M23

2.

Media announcement of the Parties’ commitment to the Declaration

D-Day

Government, MONUSCO, M23, and ICGLR

3.

Orders to the M23 and FARDC Units on the Declaration

D-Day + 1

FARDC and M23

4.

Constitution of the TSAIM

D + 2

Government, M23, MONUSCO, ICGLR and SADC

5.

Submission of maps with M23 locations and FARDC front line positions

D + 2

FARDC and M23

6.

Formation of the Reconnaissance Team

D + 3

TSAIM

7.

Deployment of Reconnaissance Team;

Monitoring and Verification activities

D + 4

TSAIM

8.

Reconnaissance Team report

D-Day + 14

TSAIM

9.

Disengagement of M23 front line troops

D-Day to D-Day + 4

M23, MONUSCO, TSAIM

10.

Movement to the cantonment sites

D-Day+5 to D-Day+8

M23, MONUSCO, TSAIM

11.

Activities in cantonment sites:

Reception of M23 troops in the Primary Cantonment Sites;

Registration of M23 troops and weapons;

Disarmament;

Dismounting and storage of weapons and munitions;

Identification and taking responsibility for the sick, wounded and disabled.

D-Day+5 to D-Day+12

12.

TSAIM report to FARDC

D-Day + 13

TSAIM

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MONUSCO and M23

13.

Handover of weapons to FARDC by TSAIM

D-Day + 14 to

D-Day + 16

TSAIM, MONUSCO and FARDC

14.

Handover of ex-combatants and their transfer

D-Day+17 to

D-Day+22

TSAIM, MONUSCO and FARDC

15.

Identification for demobilization and social reintegration

From D-Day+19

MONUSCO, UE-PNDDR and FARDC

16.

End of the activities and closure of the primary cantonment site

D-Day+23 + D-Day + 25

MONUSCO, UE-PNDDR and FARDC

17.

Dissolution of TSAIM

D – Day - 26

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Annex B

SEQUENCES AND LINKAGES

(1) Signature

(2) 1st Cantonment and Disarmament

(3) Promulgation of the Amnesty Act by the President of the Republic.

(4) 2nd Cantonment:

Launch of the demobilization and social reintegration process.