Council Common Position

of 29 January 2001

concerning European Union support for the implementation of the Lusaka ceasefire agreement and the peace process in the Democratic Republic of Congo and repealing Common Position 1999/728/CFSP

(2001/83/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 15 thereof,

Having regard to Council Common Position 1999/728/CFSP of 15 November 1999 concerning EU support for the implementation of the Lusaka ceasefire agreement and the peace process in the Democratic Republic of Congo(1), and in particular Article 9 thereof,

Whereas:

(1) The European Council in Amsterdam on 16 and 17 June 1997 adopted conclusions regarding the process towards democracy in the Democratic Republic of Congo.

(2) On 9 November 1998 and 22 May 2000 the Council adopted conclusions on the situation in the Great Lakes Region.

(3) The Council has adopted Common Position 97/356/CFSP of 2 June 1997 concerning conflict prevention and resolution in Africa(2) and Common Position 98/350/CFSP of 25 May 1998 on human rights, democratic principles, the rule of law and good governance in Africa(3).

(4) The signing of the Lusaka cease-fire agreement was completed on 31 August 1999 by all parties involved, i.e. the Democratic Republic of Congo, Angola, Namibia, Rwanda, Uganda, Zimbabwe, the "Mouvement pour la Libération du Congo" and the "Rassemblement Congolais pour la Démocratie".

(5) In accordance with the declarations of the Presidency on behalf of the European Union of 9 and 16 July, 3 and 22 September, 11 October and 26 November 1999, 12 April and 22 September 2000, the Union pledged its support to the implementation of the Lusaka agreement provided that the parties respect and implement the agreement in accordance with the terms set out therein.

(6) The United Nations Security Council has adopted Resolutions 1234(1999), 1258(1999), 1291(2000), 1304(2000) and 1332(2000).

(7) Common Position 1999/728/CFSP shall be repealed,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The objective of the Common Position is to support through action by the European Union and its Member States the implementation of the Lusaka cease-fire agreement and the process towards peace in the Democratic Republic of Congo (DRC).

The European Union affirms that lasting peace in the DRC can be achieved only through a negotiated peace settlement which is fair to all parties, through respect for the territorial integrity and national sovereignty of the DRC and for democratic principles and human rights in all States of the region, and by taking account of the security interest of the DRC and its neighbouring countries.

Once peace is restored the European Union is ready to consider long-term cooperation in support of national reconstruction.

Article 2

The European Union will support action taken by the United Nations and the Organisation for African Unity in support of the implementation of the Lusaka cease-fire agreement and the peace process, and cooperate closely with these organisations and other relevant actors of the international Community in the implementation of this Common Position.

Article 3

The European Union will continue to support the Joint Military Commission to allow it to fulfil its tasks as specified in its Rules of Procedure.

Article 4

The European Union will further support a process of reconciliation and democratisation in the Democratic Republic of Congo, including support for the national dialogue, in accordance with the objectives and arrangements specified in the Lusaka cease-fire agreement.

Article 5

The Council notes that the Commission intends to direct its action towards achieving the objectives of this Common position, where appropriate, by pertinent Community measures, promoting in particular restoration of the democratic institutions and respect for human rights, democracy, good governance and the rule of law. Consideration will also be given to supporting the reintegration of refugees and displaced people and the demobilisation and reintegration of ex-combatants.

Article 6

In its cooperation with the countries involved in the conflict in the Democratic Republic of Congo, the European Union will promote support for activities which contribute to political stability and the alleviation of economic and social problems which contribute to instability in the Great Lakes region.

Article 7

The European Union will consider supporting the concept of and possible preparations for an international conference on peace, security, democracy and development in the Great Lakes region in order to enhance political stability, conflict management and resolution capacities, and economic integration in the region, as soon as the most important elements of the Lusaka agreement have been implemented.

Article 8

The European Union and its Member States reserve the right to modify or cancel any activities in support of the implementation of the Lusaka cease-fire agreement, if the parties do not abide by the terms of the agreement.

Article 9

Common Position 1999/728/CFSP shall be repealed.

Article 10

The implementation of this Common Position will be monitored regularly. The Common Position will be reviewed before 29 January 2002.

Article 11

This Common Position shall take effect on the day of its adoption.

Article 12

This Common Position shall be published in the Official Journal.

Done at Brussels, 29 January 2001.

For the Council

The President

M. Winberg

(1) OJ L 294, 16.11.1999, p. 2.

(2) OJ L 153, 11.6.1997, p. 1.

(3) OJ L 158, 2.6.1998, p. 1.