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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Global and Inclusive Agreement on Transition in the Democratic Republic of Congo ('The Pretoria Agreement')
Record 400

Country :

Democratic Republic of Congo

Agreement Title/Name:
Global and Inclusive Agreement on Transition in the Democratic Republic of Congo ('The Pretoria Agreement')
Year :
2002
Date Signed :

16 December 2002

Summary :

Parties commit to peaceful resolution of DRC crisis, creating restructured national army, disarming armed groups and withdrawing foreign forces,


Parties :
DRC Govt, Congolese Rally for Democracy, Movement of the Liberation of the Congo, the political opposition, civil society, the Congolese Rally for Democracy/Liberation Movement, the Congolese Rally for Democracy/National, the Mai-Mai
Third Parties :
Statehood/Identity :
Not Applicable
Governance/Democratic Inst :
I.-4. Parties commit to establish govt of national reconciliation. II. Principal transition objective of (4.) free and transparent elections at all levels, (5.) setting up structures that will lead to new political order. III. Transition Principles (7.) provides for power-sharing in transitional govt. IV Duration of the Transition- to be ended by election of president, to be held within 24 months of the beginning of the transitional period, with possible 6 month extension. V. Transitional Institutions: transitional Executive, transitional Parliament consisting of a National Assembly and a Senate, a judiciary composed principally of the existing courts and tribunals, and institutions supporting democracy, and sets out their respective powers. Annex I. sets out Division of Responsibilities between new institutions.
Women :
III. Transition Principles (1.) provision to be made for appropriate representation of women at all levels of responsibility.
Amnesty :
III.Transition Principles (8.) amnesty to be granted for acts of war, political and opinion breaches of the law, with the exception of war crimes, genocide and crimes against humanity. To this effect, the transitional national assembly shall adopt an amnesty law in accordance with universal principles and intl law; the principle of amnesty shall be established in the transitional constitution.
Past Mechanism :
V. Transitional Institutions- provides for TRC
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
V. Transitional Institutions- provides for National Watchdog on Human Rights
Human Rights Framework :
III.Transition Principles (3.) parties to reaffirm support for UDHR, ICCPR, Intl Pact on Economic and Socio-Cultural Rights of 1966, Banjul Charter, and duly ratified intl conventions.
Judicial Reform :
Not Applicable
Policing :
Annex 5. Security Issues. 2.a. an integrated police force shall be responsible for ensuring the safety of the govt and population.
Refugees/Land :
Not Applicable
Civil Society :
'Civil Society' as signatory to agmt; I. Cessation of Hostilities, 4. CS and all other parties agree to pool their efforts to implement cessation of hostilities, disarmament of armed groups, and withdrawal of foreign forces; 4. establishes institutions supportign democracy- Independent Electoral Commission, Media Authority, TRC, National Watchdog on HR, Committee on Ethics and the Fight Against Corruption- presidents of each to be drawn from civil society, the presidents of institutions to have the status of minister; Annex 1.A.5. 2 minstries and 3 deputy ministers shall be allocated to the CS component (in addition to the Presidency and 5 institutions supporting democracy); B.1. 94 of 500 Assembly deputies to be composed of civil society; C.1. Senate- 22/120 and Chairman of the Bureau of the Senate. V. Transitional Institutions 4. Institutions Supporting Democracy c. duties of the presidents of these institutions to go to the civil society component.
Dev& Socio-Economic Rights :
III.Transition Principles (3.) parties to reaffirm support Intl Pact on Economic and Socio-Cultural Rights of 1966
Enforcement Mechanism :
Annex III. Committee for Follow-Up of the Agmt estabalished consisting of one rep from each element, to dissolve after the installation of the transitional govt. Annex IV. Intl Guarantee: provision to be made for intl committee to guarantee implementation of this Agmt and to support the programme for transition in the DRC, intl committee to arbitrate on disagreements between parties, and to assist Committee for Follow-Up of the Agmt in fulfilling its mandate.
International Community :
Witness: AU; Annex IV. Intl Guarantee: provision to be made for intl committee to guarantee implementation of this Agmt and to support the programme for transition in the DRC, intl committee to arbitrate on disagreements between parties, and to assist Committee for Follow-Up of the Agmt in fulfilling its mandate. Annex 5.2.a. intl community to give active support to ensuring security of transitional institutions.
UN Involvement :
Source :
UN Peacemaker


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