Council Common Position 2003/319/CFSP of 8 May 2003 concerning European Union support for the implementation of the Lusaka Ceasefire Agreement and the peace process in the Democratic Republic of Congo (DRC) and repealing Common Position 2002/203/CFSP
Date: 2003-05-08
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU aid, cease-fire, common position, cooperation policy, peacekeeping, the EU's international role

9.5.2003

EN

Official Journal of the European Union

L 115/87

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2003/319/CFSP

of 8 May 2003

concerning European Union support for the implementation of the Lusaka Ceasefire Agreement
and the peace process in the Democratic Republic of Congo (DRC) and repealing Common Posi-
tion 2002/203/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

for

respect

the territorial

The European Union considers that lasting peace in the
DRC can be achieved through a negotiated peace fair to
all parties,
integrity and
national sovereignty of the DRC and respect for demo-
cratic principles and human rights in all States of the
region, as well as for the principles of good neighbourli-
ness and non-interference in domestic affairs, while
taking account of the security interests of the DRC and
its neighbouring countries.

The Lusaka Ceasefire Agreement was signed on 10 July
1999 by the DRC, Angola, Namibia, Rwanda, Uganda,
Zimbabwe, and later by the ‘Mouvement pour la Libera-
tion du Congo’ and the ‘Rassemblement Congolais pour
la Democratie’. Following that, the Pretoria Agreement,
between the DRC and Rwanda, was signed on 30 July
2002, the Luanda Agreement, between the DRC and
Uganda, was signed on 6 September 2002, and the
Pretoria Agreements, in the context of the Inter-Congo-
lese Dialogue, were signed on 17 December 2002 and 6
March 2003 respectively.

On 15 December 2001, the European Council in Laeken
reaffirmed its full support
the Lusaka Ceasefire
Agreement.

for

The United Nations Security Council has adopted Reso-
lutions 1234 (1999), 1258 (1999), 1291 (2000), 1304
(2000), 1332 (2000), 1341 (2001), 1355 (2001), 1376
(2001), 1399 (2002), 1417 (2002), 1445 (2002), 1457
(2003) and 1468 (2003).

Council Common Position 2002/203/CFSP of 11 March
the
2002 concerning European Union support
implementation of the Lusaka Ceasefire Agreement and
the peace process
in the Democratic Republic of
Congo (1), should be repealed,

for

(1) OJ L 68, 12.3.2003, p. 1.

Article 1

the Lusaka Ceasefire Agreement and of

The objective of this Common Position is to support the imple-
mentation of
the
various peace agreements, both internal and international,
achieved in 2002 and 6 March 2003, and the relevant United
Nations Security Council Resolutions, and the overall peace
process under way in the DRC.

Article 2

The European Union will support action taken by the United
Nations and the African Union in support of the implementa-
tion of the Lusaka Ceasefire Agreement, the Pretoria Agreement
(July 2002), the Luanda Agreement (September 2002), and the
Pretoria Agreements in the context of
the Inter-Congolese
Dialogue (December 2002 and March 2003 respectively), as
well as the relevant Security Council Resolutions, and will
cooperate closely with these organisations and other relevant
actors of the international community in the implementation
of this Common Position.

Article 3

The EU will continue to work for the strict observance of the
ceasefire between the signatories to the Lusaka Agreement and,
to this end, will continue to lend its support to the United
Nations Organisation Mission in the Democratic Republic of
the Congo (MONUC) and the Joint Military Commission (JMC).
Recalling that the EU has commended foreign troops withdra-
wals from the DRC, following the Pretoria (July 2002) and
Luanda (September 2002) Agreements, the EU will call for full
withdrawal of all foreign troops from the DRC, in accordance
with the Lusaka Agreement, the Pretoria and Luanda Agree-
ments and the decisions taken on this basis, and the pertinent
Security Council Resolutions, monitored as appropriate by
MONUC.

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Official Journal of the European Union

9.5.2003

Article 4

The EU considers that the peace agreements between the DRC
and Rwanda (July 2002) and between the DRC and Uganda
(September 2002) represent a major step for the normalisation
of relations between the signatories and the restoration of
lasting peace in the Great Lakes Region. The EU considers that
full implementation of these Agreements is absolutely necessary
and that this should be done in the same constructive spirit
that led to the overall agreements and will call on all parties to
refrain from supporting local groups opposed to these agree-
ments.

Article 5

The EU will strive for the rapid implementation of the process
of disarmament, demobilisation, repatriation, reintegration and
resettlement (DDRRR) of combatants of armed groups, bearing
in mind the distinction that has to be made between foreign
and Congolese groups, as provided for under the Lusaka and
Pretoria Agreements and which is an essential element
for
restoring peace to the region. The EU will recall that this
process must be carried out voluntarily, with the cooperation
of all the signatories to the Lusaka Agreement, and must lend
itself to support by coordinated action by the international
community. The EU will support action by MONUC, the third
party verification mechanism, and the JMC, as provided for in
relevant Security Council Resolutions, the Lusaka Agreement
and the Pretoria Agreement (July 2002). The EU will offer
further support to the disarmament, demobilisation, repatria-
tion, reintegration and resettlement process by appropriate
measures, in particular through support for the multi-country
demobilisation and reintegration programme (MDRP) for the
Great Lakes Region.

The EU will support the steps taken by the government of the
DRC to collaborate with the International Criminal Tribunal for
Rwanda, and will call on it to continue to do so.

Article 6

The EU affirms that it will support the global and all-inclusive
Agreement on the transition in the DRC, signed in Pretoria on
17 December 2002, as well as the Pretoria Agreement of 6
March 2003 on the constitution of the transition and the
memorandum on security and the army, in the context of the
inter-Congolese dialogue. The EU will urge the signatory parties
to implement in good faith the provisions of these agreements
and to work together for the formation of an all-inclusive tran-
sitional national Government responsible for leading the DRC
until the first democratic elections with a view to the early, full
restoration of representative democracy, an essential guarantee
for the country's lasting and equitable development. The EU
will be ready to support the implementation of these agree-
ments. The EU will give its full support to the special envoy of
the UN Secretary-General for the Inter-Congolese Dialogue. The
EU reaffirms its willingness to support the transition, as soon
as its institutions are in place, with projects that are designed in

particular to promote aid to the population, the strengthening
of state structures, the economic reconstruction of the country
and DDRRR projects. In this context, the EU will underline the
importance of adhering to the agreements between the DRC
and the international financial institutions, especially the agree-
ment concerning the poverty reduction and growth facility
(PRGF) between the government of the DRC and the Interna-
tional Monetary Fund.

Article 7

The EU will call for an immediate stop to armed conflict and
violence in all parts of the DRC. The EU condemns in the
strongest terms the atrocities recently committed in the east of
the country, particularly in the Ituri region. Those responsible
must be brought to justice. The EU recalls that the Rome
Statute of the International Criminal Court is applicable to all
acts of genocide, crimes against humanity and war crimes
committed on DRC territory after the statute's entry into force
(1 July 2002). The EU will urge the complete withdrawal of
foreign troops from the Ituri region, as well as increased
DDRRR, the full implementation of MONUC's mandate, and
in order to reach a
peace-building efforts, which are vital
degree of stability in Ituri and the Kivus. The EU will call on all
the groups in the Ituri region to bring an end to the conflict
there, and on all parties to cooperate fully in order to set up
the Ituri Pacification Commission (IPC). The EU will also call
for the integration to the IPC of those groups in the region that
have not given their support to it yet. The EU believes the IPC
is more likely to reach agreement under neutral chairmanship
and against a backdrop of complete foreign troop withdrawal.
The EU will call upon the Governments of the DRC, Rwanda
and Uganda to use all their influence to bring an end to the
tension and to work towards ensuring that conditions exist in
region which will allow the Luanda Agreement
the Ituri
(September 2002)
to be successfully implemented. The EU
takes note of the recent amendment of the Luanda Agreement
to this end, done at Dar es Salaam in February 2003 and, in
accordance with UNSCR 1468 (2003), will call on the Govern-
ment of Uganda to abide by its commitment to withdraw its
troops without further delay.

Article 8

The EU condemns the illegal exploitation of natural resources,
which represent one of the causes and consequences of four
years of war, as well as a factor that fuels prolonged conflict,
according to the recent UN report of the panel of experts on
the illegal exploitation of natural resources and other forms of
wealth of the DRC. The EU calls on all States to draw the
appropriate consequences from the findings of the panel and
calls on all states concerned to take the necessary measures.
The EU supports the action agreed in UNSCR 1457 (2003),
which should help bring to an end such exploitation. The EU
its new
stands ready to cooperate with the panel to fulfill
mandate.

9.5.2003

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Official Journal of the European Union

L 115/89

Article 9

Article 12

The EU will ensure, bearing in mind the conditions set out in
Article 6, an appropriate level of development and humani-
tarian aid to the DRC and will lend its support to the transi-
tional Government for the reconstruction and development of
the country, ensuring that such support benefits all the Congo-
lese people and all the regions of the DRC, and that it contri-
butes dynamically and proactively to the peace process by
promoting the restoration of the Congolese State, good govern-
ance, an improvement in the economic situation and respect
for human rights. The Council notes the Commission's inten-
tion to continue its efforts in pursuit of the above objectives.

The EU reserves the right to modify or cancel any activities in
support of the implementation of the Lusaka Ceasefire Agree-
ment and subsequent Agreements, if the parties do not abide
by their terms.

Common Position 2002/203/CFSP is hereby repealed.

Article 13

Article 14

The implementation of this Common Position will be moni-
tored regularly notably in order to take into account develop-
ments in the peace process in the DRC.

Article 10

Article 15

The EU will, in its cooperation with the countries in the region
involved in the Congolese crisis, take account of the efforts
made by the latter to implement the ceasefire and peace agree-
ments and UNSCRs mentioned in Article 2.

This Common Position shall take effect on the day of its adop-
tion. It shall be reviewed in the light of developments in the
region. In any case, a new Decision shall be taken before 8 May
2004.

Article 11

This Common Position shall be published in the Official Journal
of the European Union.

Article 16

The EU will continue to support the Burundi peace process
based on the Arusha Agreement, the success of which is linked
to the solution of the Congolese crisis and which in itself could
promote peace and stability in the Great Lakes Region. The EU
will support the holding of an international conference on
peace, security, democracy and development in the Great Lakes
in the Lusaka and Arusha peace
Region once progress
processes so allows and the countries concerned so decide.

Done at Brussels, 8 May 2003.

For the Council

The President

M. CHRISOCHOÏDIS