Inter-Congolese Political Negotiations - The Final Act

We, participate at the Inter-Congolese Dialogue, i.e, Delegates of the Government of the Democratic Republic of Congo, the Congolese Rally for Democracy, the Movement for the Liberation of Congo, the main organisations and parties of the political opposition as well as representatives of the Forces Vives of the Country, the Congolese Rally for Democracy-Liberation Movement, the Congolese Rally for Democracy-National and the Mai-Mai, hereinafter referred to as "the Parties", meeting at Sun City, Republic of South Africa, on the 2nd of April 2003.

CONSIDERING our shared commitment to peace and national unity, as prerequisites for the development of our country and the well being of our people;

CONVINCED of the imperative need to pursue the course of reconciliation as the surest path to a definitive end to the fratricidal conflicts that have for so long ravaged our country, and inflicted untold suffering on our people.

RESOLVED to work together towards the establishment of a new political dispensation that would protect the inalienable rights of the citizens and generally promote democratic governance;

DETERMINED to set up and run transitional institutions on the principles of consensual management, inclusiveness and transparency;

CONVINCED of the imperative need for this process to culminate in free, democratic and transparent elections;

RECALLING the LUSAKA Agreement for a cease-fire in the Democratic Republic of Congo, signed in Lusaka on 10th July, 30th of July and 31st August 1999;

RECALLING the Declaration of Fundamental Principles signed in Lusaka on the 4th May 2001, by the Parties to the aforementioned Agreement.

RECALLING the Act of Commitment signed in Gaborone on the 24th of August 2001 by the representatives of the components and entities to the Inter-Congolese Political Negotiations;

CONSIDERING the various relevant Resolutions adopted by the UN Security Council;
IN THE PRESENCE of Representatives of the International Community and Observers at the Inter-Congolese Dialogue;

DO HEREBY RESOLVE AND COMMIT OURSELVES, by signing the present Final Act, to be bound by the decisions of the Inter-Congolese Dialogue, as detailed in Article 1 below.

Article 1
The Parties accept as binding the following instruments which faithfully reflect the outcome of the political negotiation process instituted in terms of the above-cited Lusaka Agreement:
1. The 36 Resolutions duly adopted by the Inter-Congolese Dialogue, as set down in the Schedule annexed to the present Final Act.
2. The Global and Inclusive Agreement signed in Pretoria on 17 December 2002, together with the Additional Memorandum on the Army and Security, signed in Pretoria on 6 March 2003.
3. The Constitution of the Transition adopted at Sun City on 1st of April 2003.
Article 2
The Parties commit themselves to refrain from any act or conduct contrary to the provisions of the Lusaka Agreement and of the instruments mentioned in Article 1 above, and to spare no effort in ensuring that the said provisions are respected and implemented in their letter and spirit.
In that regard, the Parties further commit themselves to the earliest possible installation of the transitional government and other institutions, as envisaged in the said Global and Inclusive Agreement.
Article 3
The Parties express their deep appreciation for the persistent efforts of the international community in assisting in the return of peace and stability in the Democratic Republic of Congo.
They acknowledged the special contributions made by the UN, the AU and the SADC countries.
They salute Sir Ketumile Masire, the Neutral Facilitator of the Dialogue, for his wise guidance of the negotiations process, his devotion to the mission assigned to him and his tenacity of purpose.
They acknowledge, with gratitude and appreciation the special contribution of His Excellency Mr Thabo Mbeki and the Government of the Republic of South Africa, as well as of the Secretary General of the United Nations, His Excellency Mr Kofi Annan and his Special Envoy, His Excellency Mr Moustapha Niasse.
Article 4
This Final Act shall enter into force on the date of signature by the Parties.
Signed in Sun City on 2nd of April 2003
ANNEX 1
ADOPTED RESOLUTIONS BY THE INTER-CONGOLESE DIALOGUE
1. Resolution No: DIC/CPJ/01
Relating to the Endorsement of the Global and Inclusive Agreement.
2. Resolution No: DIC/CPJ/02
Relating to the Adoption of the Transitional Constitution.
3. Resolution No: DIC/CPJ/03
Relating to the Enshriment of Democratic Principles.
4. Resolution No: DIC/CPJ/04
Relating to the effective and complete Liberalization of Political Life and Association.
5. Resolution No: DIC/CPJ/05
Relating to the Free Movement of People and Goods throughout the national territory of the DRC as well as the Restoration of Transport Links.
6. Resolution No: DIC/CPJ/06
Relating to the Abolition of Special Courts and the Reform of Military Justice.
7. Resolution No: DIC/CPJ/07
Relating to the Reinstatement and Rehabilitation of Magistrates dismissed or forced into early retirement.
8. Resolution No: DIC/CPJ/08
Relating to the Rehabilitation of Workers arbitrarily dismissed.
9. Resolution No: DIC/CPJ/09
Relating to the Independent Electoral Commission.
10. Resolution No: DIC/CPJ/10
Relating to the Support of the International Community.
11. Resolution No: DIC/CDS/01
Relating to Mechanisms for the Consolidation of Peace.
12. Resolution No: DIC/CDS/02
Relating to the Disarmament of Armed Groups and the Withdrawal of Foreign Forces.
13. Resolution No: DIC/CDS/03
Relating to the Identification of Nationals who shall constitute the Army; Demobilization and Reintegration of Child Soldiers and Vulnerable Persons; Recruitment with a view to Integrating Military and Paramilitary Groups into the National Army and Police.
14. Resolution No: DIC/CDS/04
Relating to the formation of the new restructured and integrated army.
15. Resolution No: DIC/DSC/05
Relating to sanctions against Parties acting in bad faith.
16. Resolution No: DIC/CEF/01
Relating to the Costs of the two Wars, 1996 and 1998.
17. Resolution No: DIC/CEF/02
Resolution on the restitution of Property taken and/or confiscated from individuals and of plundered state property.
18. Resolution No: ICD/CEF/03
Relating to disputes over the reconstruction of the environment destroyed by war.
19. Resolution No: ICD/CEF/04
Resolution calling for scrutiny to determine the validity of economic and financial agreements signed during the war.
20. Resolution No: ICD/CEF/05
Relating to emergency economic and social programme.
21. Resolution No: ICD/CHSC/01
Relating to the Emergency Programme in different social sectors.
22. Resolution No: ICD/CHSC/02
Relating to the Emergency Humanitarian Programme for the DRC.
23. Resolution No: ICD/CHSC/03
Relating to the Emergency Programme for the environment in the DRC.
24. Resolution No: ICD/CHSC/04
Relating to the reconstruction of Kisangani and all the other towns destroyed by the war.
25. Resolution No: ICD/CHSC/05
Relating to the reconstruction of the town of Goma.
26. Resolution No: ICD/CHSC/06
Relating to culture and interethnic co-existence in the DRC.
27. Resolution No: ICD/CHSC/07
Relating to the ethics and the fight against corruption.
28. Resolution No: ICD/CHSC/08
Relating to the National Monitoring Body for Human Rights.
29. Resolution No: ICD/CHSC/09
Relating to the Media sector.
30. Resolution No: ICD/CPR/01
Relating to the restitution of property taken and/or confiscated from individuals and property stolen from the State.
31. Resolution No: ICD/CPR/02
Relating to the protection of minorities.
32. Resolution No: ICD/CPR/03
Relating to the problem of Nationality with regard to National Reconciliation.
33. Resolution No: ICD/CPR/04
Relating to the institution of a Truth and Reconciliation Commission.
34. Resolution No: ICD/CPR/05
Relating to the establishment of an International Criminal Court.
35. Resolution No: ICD/CPR/06
Relating to the Peace and Security in the DRC and in the Great Lakes region.
36. Resolution No: ICD/CPR/07
Relating to the organization of an international conference on Peace, Security and Development in the Great Lakes region and Central Africa.
For the Government of the Democratic Republic of Congo
Léonard She Okitundu
For the Congolese Rally for Democracy
Adolphe Onusumba Yemba
For the Movement of Liberation of Congo
Jean-Pierre Bemba Gombo
or the Congolese Rally for Democracy/Movement of Liberation
1. Koloso Sumaili
2. Tibasima Mbongemu Ateenyi
3. Wamba Dia Wamba
For the Congolese Rally for Democracy/National
Roger Lumbala
For the Mai Mai
Anselme Enerunga
For the Forces Vives of the Nation
Dr Rev Jean Luc Kuye Ndondo Wa Mutemera Philippe Dinzolele Nzambi Pierre Anatole Matusila Bahati Lukwebo Gertrude Biyaya Ndaya Kazadi
For the Unarmed Political Opposition
CODEP Raymond Tshibanda
COPACO Christophe Tshimanga
COPOC Bembe M Bathy
CPR/AL Alphonse Lupumba
DFC Venant Tshipasa Vangi Sivavi
EGO Arthur Z'Ahidi Ngoma
FCI Nicolas Georges Badingaka Mobiani
FONUS Joseph Olengankoy
FPC Aziz Kumbi
FRUONAR Cyprien Rwakabuba Shinga
FSD Eugéne Diomi Ndongala
G14 Kabamba Mbebwe
Kumbu Ki Lutete
GNPO Denis Katalay
MNC/L Francois Lumumba
MPI Justin-Marie Bomboko Lokumba
MPR-Fait Privé Catherine Nzuzi wa Mbombo
MSDD Christophe Lutundula
PALU Antoine Gizenga
PDSC André Bo-Boliko
RMI Franck Diongo
ROC Ingele Ifoto
ROM Patrice-Aimé Sesanga
UDPS Etienne Tshisekedi
UNAFEC Honorius Kisimba Ngoy
UODC Binda Phumu
For the External Political Opposition
Gerard Kamanda wa Kamanda Alafuele Kalala Francois Tshipamba Mpuila W'Otete Otete Omanga O. Muyima
WITNESS
The Facilitator
Sir Ketumile Masire
For the African Union
H.E. Mr Thabo Mbeki
Chairman of the African Union
For the United Nations
H.E. Moustapha Niasse
Special Envoy of the Secretary General on the Inter-Congolese Dialogue