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Cablegate: Unofficial Translation of Kivus Conference Acte

VZCZCXRO4862
RR RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0148/01 0421414
ZNR UUUUU ZZH
R 111414Z FEB 08
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC 7513
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 05 KINSHASA 000148

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL KDEM SOCI CG
SUBJECT: Unofficial translation of Kivus Conference Acte
d'Engagement


1. This message transmits, with minor corrections, an unofficial
English translation provided by MONUC of the Acte d'Engagement
signed at the conclusion of the Kivus Peace and Security
Conference:

2. Begin text:

DEMOCRATIC REPUBLIC OF THE CONGO


ACTE D'ENGAGEMENT


We,
- CNDP, Politico-Military Movement,

- PARECO/FAP,

- KASINDIAN MAI-MAI,

- KIFUAFUA MAI-MAI,

- VURONDO MAI-MAI,

- MONGOL MAI-MAI,

- UJPS,

- RWENZORI MAI-MAI,

- et SIMBA,
with the solemn commitment of the Representatives of the
International Community, facilitators of this present Acte
d'Engagement - the United Nations, the International Conference on
the Great Lakes Region, the United States of America, the African
Union, the European Union, and the Government - in particular as
pertains to Article 4-,

1. Seizing this historic opportunity;

2. Reiterating our commitment to the principles proclaimed and
warranted by the Constitution and laws of the Democratic Republic of
Congo;

3. Underscoring the need for a swift, lasting and definitive return
of peace and security to allow for the global development of North
Kivu and South Kivu;

4. Keen to participate in the pacification, security, and
restoration of State Authority throughout the Province of North
Kivu;

5. Sincerely deploring the long-standing insecurity prevailing in
North Kivu that has led to massive displacement of populations and
large-scale suffering of civilians as well as egregious violations
of human rights;

6. Stating our commitment to adhere to the relevant Resolution of
the Conference on Peace, Security and Development in the Provinces
North Kivu and South Kivu, Resolution pertaining to peace and the
end of warfare for the lasting development of the Province as well
as all other resolutions and recommendations adopted at Goma by the
afore-mentioned Conference;

7. Considering the need for urgent and priority implementation of
the afore-mentioned Resolution and of the Conference;


Hereby make the following commitments:

ARTICLE I: CEASE-FIRE

1. Total and immediate cessation of:
- Hostilities throughout the province of North Kivu;

- Any act of violence;

- Any military movements and reinforcements;

- As well as any new recruitment.

Upon signature of this Acte d'Engagement, an official, written order
of cessation of hostilities will be issued to our respective units,
and copy sent to the United Nations, the SADC, and to the CEEAC.


KINSHASA 00000148 002 OF 005


2. Refraining from acts harmful to peace and security, among
others:
- Any attack, aggression, any act of provocation or sabotage;

- Any comment or declaration susceptible to leading to a resumption
of hostilities;

- Any attempt at occupying new positions in the field and shifting
military forces and equipment from one location to another;

- Replenishing in arms, ammunition and other military equipments;

- Any action liable to impeding the process of establishing peace
and security in North Kivu.

ARTICLE II: On the disengagement of CNDP, PARECO, Kasindian
Mai-Mai, Kifuafua Mai-Mai, Vurundo Mai-Mai, Mongol Mai-Mia, UJPS,
Rwenzori Mai-Mai and Simba troops, on the creation of demilitarized
zones for the FARDC, on brassage, on integration, and on PNDDR.

A mixed technical commission on peace and security, under the
co-presidency of the Government and the international facilitation
for this Acte d'Engagement, will be legally instituted by the
Government to examine and finalise the below questions, in
particular:

- Official order to the units to cease hostilities in all the areas
of operations;

- Geographical location of the armed groups (accurate positions
located on a map);

- Identification of disengagement zones and buffer zones;

- Request for deployment of MONUC observers to monitor cease-fire;

- Request strengthened MONUC presence to provide security to the
civilian populations and to the redeployment of the units of the
armed groups towards transit centres;

- Beginning of implementation of Joint Nairobi Communiqu plan on
the disarmament and repatriation of foreign armed groups;

- Designation of the itinerary of redeployment of the armed groups
to the transit centres (1st movement) and to the centres for
brassage or demobilization (2nd movement) and, on a needs basis,
follow-up on their training and teaching;

- Determination of brassage modalities, taking into account the
presence of foreign armed groups mentioned in the Nairobi Joint
Communiqu of 9 November 2007;

- MONUC deployment in all the areas occupied by the CNDP, PARECO,
Kasindian Mai Mai, Kifuafua Mai Mai, Vurondo Mai Mai, Mongol Mai
Mai, UJPS, Rwenzori Mai Mai and Simba;

- Re-establishment of State Authority (Police, Administration and
Justice);

- Integration into the Armed Forces;

- Demobilization and reintegration;

- Participation in DDR activities leading to either brassage with a
view to integrating the FARDC, or to demobilisation and
reintegration with a view to a permanent return to civilian life,
essential step in the pacification and effective securitisation
process for the province of North Kivu;

- Participation without preconditions of the CNDP, PARECO, Kasindian
Mai Mai, Kifuafua Mai Mai, Vurondo Mai Mai, Mongol Mai Mai, UJPS,
Rwenzori Mai Mai and Simba, and in accordance with national
legislation, in the implementation of the integration plan of the
Armed Forces of the Democratic Republic of the Congo (FARDC), and of
the National Programme of Disarmament, Demobilisation and
Reintegration (PNDDR);

- Transmission, following signing of the present Acte and in
accordance with the timetable put in place by the ad hoc Commission
with the assistance of the International Community, of lists of
men-in-arms and arms, as well as their locations.

For this purpose, there will be established, within this Commission,
two Sub-Commissions as follows:


KINSHASA 00000148 003 OF 005


a) Mixed Sub-Commission on Military Matters, charged with:

- Disengagement;

- Brassage;

- Demoblisation;

- Social reintegration.

b) Mixed Sub-Commission on Humanitarian and Social Matters, charged
with:

- Issues of internally-displaced persons;

- Refugee issues.

ARTICLE III: HUMANITARIAN PRINCIPLES AND RESPECT FOR HUMAN RIGHTS

Strict compliance with international humanitarian and human rights
provisions, in particular:

- Prohibition of all acts of violence and abuse, in all its guises,
against the civilian population, especially women and children, the
elderly and the handicapped;

- Release of all persons who are being detained or have been taken
hostage on the basis of their opinions or membership in an
insurrectional group;

- Return of goods to their owners, or their next of kin;

- The return of the refugees under the supervision of tripartite
UNHCR - DRC Government and Government of the country of asylum
(Burundi, Uganda, Rwanda and Tanzania) as per a calendar adopted by
the Technical Commission on Humanitarian and Social Matters;

- The establishment of a Commission charged with supervising the
return of the internally displaced persons and their
re-establishment in their places of origin with the assistance of
the United Nations and other humanitarian organisations;

- Provision of conditions conducive to the provision of humanitarian
assistance and emergency aid to the civilian populations;

- Halting of any and all recruitment and use of child soldiers, and
promotion of the rights of children in conflict (and post-conflict)
zones;

- Free circulation of goods and people, as well as removal of all
roadblocks.

ARTICLE IV: POLITICAL GUARANTEES AND JUDICIAL MEASURES

The Government of the DRC, as per the request of the CNDP,
political-military movement, of PARECO, of the Kasindian Mai Mai, of
the Kifuafua Mai Mai, the Vurondo Mai Mai, the Mongol Mai Mai, the
UJPS, the Rwenzori Mai Mai Rwenzori and Simba, commits, in
accordance with the relevant recommendation of the Conference on
Peace, Security and Development in the Provinces of North Kivu and
South Kivu:

1. to present to Parliament a draft law on amnesty for acts of war
and insurrection, covering the period of June 2003 to the date of
the promulgation of the law, but excluding war crimes, crimes
against humanity and genocide;

2. to establish a Technical Commission by Presidential Decree in
particular to finalise the disengagement plan, the question of
ranks, integration and reintegration of the demobilised;

3. to decree and respect the cease-fire, as stipulated in Article
1;

4. to create a demilitarized zone to enable in particular the
deployment of MONUC observers and the secure return of displaced
persons;

5. to refrain from all support or all military or logistical
assistance to national or foreign armed groups, or to solicit any
support whatsoever from the national armed forces;

6. The signatories of the present acte d'engagement agree that the
international facilitators are both observers and guarantors of its
faithful implementation, in particular through the Technical

KINSHASA 00000148 004 OF 005


Commission foreseen in Article 2.


Done at Goma, in as many copies as there are signatories, on
____________________.


FOR

1. The National Congress for the Defense of the People, CNDP

Mr KAMBASU NGEVE

2. PARECO/FAP,

MRS SOPHIE BWIZE B.

MR MATHE SIKILI

MR SENDUGO MUSEVENI

3. Kasindien Mai-Mai,

Mr VITA KITAMBALA

4. [K]ifuafua Mai-Mai,

- Walikale Axis

Mr BIKOY MUKONGO

- Ufamandu/Masisi Axis

Mr Didier BITAKI WETESHE

5. Vurondo Mai-Mai,

Mr KAMBILIBAYA SINDANI

6. Mongol Mai-Mai,

Mr F. MIGANDA GARAGA

Mr D. HABYARA SHOBORA

7. UJPS,

MR TUMAINI BYANMUNGU E.

8. Rwenzori Mai-Mai

Mr. KASAREKA MATABISHI

9. Simba

Mr Hodaf MUNGO KALINDA

Mr KAKURU KIKA D.


FOR THE GOVERNMENT

Minister of State for the Interior, Decentralization and Security

H.E. Denis KALUME NUMBI


FOR THE CONFERENCE

1. The President of the Conference

Father Apollinaire MALUMALU

2. The President of the Wise Men's Committee

Honorable Vital KAMERHE

3. The Deputy Coordinator of the Moderators' Panel

Mr Azarias RUBERWA MANYUA

4. North Kivu Delegation

The Governor


KINSHASA 00000148 005 OF 005


Mr. Julien PALUKU KAHONGYA

The Vice-President of the Provincial Assembly

Honorable MUKINTI BAUMBILIA

5. South Kivu Delegation
The Governor a.i.

Mr. WATUNAKANZA B. Bernard

The President of the Provincial Assembly

Honorable BALEKE KADUDU Emile


THE INTERNATIONAL FACILITATORS

- For the UNITED NATIONS: Mr ALAN DOSS

- For the EUROPEAN UNION: Mr Roeland van de GEER

- For the UNITED STATES OF AMERICA: Mr TIM SHORTLEY

- For the AFRICAN UNION: Mr Pierre YERE

- For the INTERNATIONAL CONFERENCE
ON THE GREAT LAKES REGION: Mrs Liberata MULAMULA


NATIONAL OBSERVERS

FOR THE TRADITIONAL CHIEFS

- SOUTH KIVU: MWAMI KABARA RUGEMANINZI II NABUSHI

- NORTH KIVU: MWAMA ALEXANDRE MUHINDO MUKASASENGE

FOR CIVIL SOCIETY

- NATIONAL DELEGATION: MR KIBISWA KWABENE NAUPESS

- SOUTH KIVU: MR BIRHINGINGWA MUGABO CYPRIEN

- NORTH KIVU: MR JASON JUNENO MAENE

FOR THE PRIVATE SECTOR

- FEC SOUTH KIVU: MR MUDEKEREZA NAMEGABE

- FEC NORTH KIVU: MR DESIRE SEGAHUNGU

FOR THE RELIGIOUS GROUPS

CATHOLIC CHURCH: + THEOPHILE KABOY

CHURCH OF CHRIST IN THE CONGO: BISHOP SONGOU NATHALIS

ORTHODOX CHURCH: PROF. FUMUNZANZA GIMUANGA

KIMBANGIST CHURCH: REV. SALUAMESO RAPHAEL

CHURCH OF THE AWAKENING: BISHOP NTAMBWE MUMPEMPE

ISLAMIC COMMUNITY: IMAN RACHIDI MOUSSA

INDEPENDENT CHURCH OF THE CONGO: H.E. SIMON NZINGA M.

SALVATION ARMY: MAJOR GRACIA MATONDO

End text.

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