No.

16748

RWANDA, BURUNDI and ZAIRE

Convention establishing the Economic Community of the

Great Lakes Countries (CEPGL). Concluded at
Gisenyi on 20 September 1976
Authentic text: French.
Registered by Rwanda on 13 June 1978.

RWANDA, BURUNDI et ZAÏRE

Convention portant création de la Communauté écono

mique des pays des grands lacs (CEPGL). Conclue à
Gisenyi le 20 septembre 1976

Texte authentique : français.

Enregistrée par le Rwanda le 13 juin 1978.

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[TRANSLATION — TRADUCTION]
CONVENTION 1 ESTABLISHING THE ECONOMIC COMMUNITY OF
THE GREAT LAKES COUNTRIES (CEPGL)

The President of the Republic of Burundi, the President of the Rwandese

Republic, the President of the Republic of Zaire,
In accordance with the spirit of the agreements signed at Kinshasa on 29 August
1966, the Goma Declaration signed on 20 March 1967, 2 the resolutions signed at
Bujumbura on 12 June 1969 and 12 June 1974, and the solemn declaration signed at
Bukavu on 3 May 1975,
Considering the historical, geographical and cultural links between their States,
their similar development problems, their common interests and their common aspi
rations for peace, security and progress,
In accordance with the principles embodied in the Charter of the United
Nations, and in loyalty to the Charter of the Organization of African Unity, 3
Resolved to consolidate and increase co-operation and trade, and to join forces
in economic, cultural and social development endeavours,
Guided by their common desire to increase understanding between their peoples
and co-operation between their States in order to consolidate their fraternity and
integrated solidarity as part of a greater unity transcending national characteristics,
Convinced that the establishment of regional economic groups constitutes an
objective approach and a realistic basis for African unity,
Desiring to promote mutual understanding and solidarity between the member
States so as to foster in perpetuity a climate propitious to economic co-operation and
the maintenance of friendly and peaceful relations between them,
Decide to establish the Economic Community of the Great Lakes Countries
(CEPGL) and agree as follows:

PART i. OBJECTIVES
Article 1. By this Convention the High Contracting Parties establish among
them an Economic Community of the Great Lakes Countries (CEPGL), hereinafter
referred to as the Community.

1 Came into force on 17 April 1978, the date by which the instruments of ratification of the signatory States had been
deposited with the Government of Rwanda, in accordance with article 35. The deposit of the instruments of ratification
was effected as follows:
Dale of deposit
of the instruments
State of ratification
Burundi .................................................................. 7 January 1977
Rwanda .................................................................. 13 January 1977
Zaire .................................................................... 17 April 1978
2 See p. 31 of this volume.
3 United Nations, Treaty Series, vol. 479, p. 39.

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Article 2. The aims of the Community shall be:

1. To ensure, first and foremost, the security of the States and their people in such a
way that nothing disturbs peace and order along their respective frontiers;
2. To devise, plan and encourage the organization and development of activities of
common interest;
3. To promote and intensify trade and the movement of persons and goods;
4. To co-operate closely in the social, economic, commercial, scientific, cultural,
political, military, financial, technical and tourist fields, and more particularly in
legal, customs, public health, energy, transport and telecommunications mat
ters.
Article 3. In order to attain these objectives, the member States solemnly
undertake to initiate appropriate action on the problems involved, in particular,
through the establishment of common agencies and services, and by the signing of
understandings, agreements or conventions.
Article 4. Any member State which is or becomes a member of other organi
zations promoting economic co-operation shall inform the Community and commu
nicate to it those provisions of the constituent instruments which may relate to the
Community's aims.

PART ii. INSTITUTIONS

Article 5. In order to achieve their aim, the High Contracting Parties have
agreed to establish the following organs:
— The Conference of Heads of State;
— The Council of Ministers and the State Commissioner;
— The Permanent Executive Secretariat;
— The Arbitration Commission.
Section I. THE CONFERENCE OF HEADS OF STATE
Article 6. The Conference of Heads of State shall be the Community's
supreme authority. It shall have decision-making power in all spheres, and in parti
cular:
1. It shall promote unity and solidarity between the States;
2. It shall co-ordinate and develop their co-operation under the most favourable
conditions possible, in order to ensure the happiness and prosperity of their
peoples;
3. It shall determine general policy in all matters relating to co-operation;
4. It shall supervise the work of the Council of Ministers and the State Commis
sioner;
5. It shall determine the location of the Community's headquarters;
6. It shall draw up its own rules of procedure and approve those of the other
organs;
7. It shall decide whether to establish specialized organs and common services;
8. It shall decide on the Community's annual budget, on the recommendation of
the Council of Ministers and the State Commissioner;

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9. It shall appoint the Executive Secretary and the Assistant Executive Secretaries;
10. It may, furthermore, on the recommendation of the Council, alter the structure,
functions and activities of any organ;
11. It may delegate its decision-making power in designated matters to the Council
of Ministers and the State Commissioner.
Article 7. The Conference shall hold a regular session once a year and special
sessions as required. It shall be convened by the current President of the Community,
who shall determine the date of and venue for the session.
Article 8. The Conference shall be presided over each year by a Head of State,
chosen in rotation in the alphabetical order of the names of the States.
Article 9. Decisions by the Conference shall be taken unanimously. Each
State shall be entitled to speak and to vote.
Article 10. The decisions adopted by the Conference shall be binding on all
member States, which undertake to implement them.

Section II. THE COUNCIL OF MINISTERS AND THE STATE COMMISSIONER

Article 11. The Council of Ministers and the State Commissioner of the Com
munity shall comprise members of the Governments and Executive Council of the
member States or plenipotentiaries designated by the States.
Article 12. The Council shall be presided over each year by a Minister or State
Commissioner, in rotation. The Minister or State Commissioner may not be from
the country which is currently presiding over the Conference of Heads of State.
Article 13. The Council shall hold a regular session twice a year; one of the
sessions must precede the regular session of the Conference of Heads of State. It
shall be convened by the current President, who shall determine the date of and
venue for the session.
Article 14. At the request of a member State, the Council may meet in special
session, subject to the consent of all the members. Special sessions shall be convened
by the current President. The agenda of a special session shall, in principle, comprise
only those matters for which it was convened.
Article 15. The Council shall be responsible for promoting any activities aimed
at achieving the objectives denned in articles 1 and 2 above.
Article 16. The Council shall formulate and propose general development and
co-operation policy measures for the States members of CEPGL. It shall be responsi
ble to the Conference of Heads of State.
Article 17. The Council shall be responsible for preparing for the Conference
of Heads of State. It shall consider any matter referred to it by the Conference and
shall implement the policy of co-operation determined by the Conference of Heads
of State.

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Article 18. Council decisions under article 6, paragraph 11, shall be taken
unanimously, and shall be binding on all member States, which undertake to imple
ment them. Each member State shall be entitled to speak and to vote.

Section HI. THE PERMANENT EXECUTIVE SECRETARIAT

Article 19. The Permanent Executive Secretariat of the Community shall be
the responsibility of the Executive Secretary.
The functions of the Executive Secretary shall be:
— To formulate projects of common interest and to submit them to member States
with specific proposals relating, in particular, to the establishment of industries,
taking account of common criteria, mutual advantage and the volume of trade
to be generated by such industries;
— To prepare for meetings;
— To monitor the implementation of current projects, to formulate proposals for
possible changes or readjustments, to report on difficulties encountered and to
propose solutions thereto;
— To make proposals relating to sources of finance;
— To prepare working papers for the competent authorities of the member States,
to prepare drafts of agreements, understandings and conventions among the
member States in all areas of co-operation and, if necessary, to update such
instruments;
— To carry out any studies necessary to promote co-operation among member
States, such as consideration of ways and means of implementing decisions taken
by the competent authorities, as well as consideration of any matter referred to
him by such authorities;
— To prepare annual reports for the authorities of the member States, and an
annual report on his work;
— To maintain the records relating to co-operation among the States.
Article 20. The Executive Secretary shall be assisted by two Assistant Execu
tive Secretaries and by administrative and technical staff.
The Assistant Executive Secretaries shall be responsible, respectively, for:
— Political, legal, social, cultural and scientific affairs;
— Economic, technical, financial and administrative affairs.
Article 21. The Executive Secretary and the Assistant Executive Secretaries
shall be appointed for a four-year term, which may be renewed by the Conference of
Heads of State on the recommendation of the Council.
Article 22. The statute of the Permanent Executive Secretariat and its staff
shall be determined by decision of the Conference of Heads of State on the recom
mendation of the Council.
Article 23. In the performance of their duties, the Executive Secretary, the
Assistant Executive Secretaries and the administrative and technical staff shall not
seek or receive instructions from any State, nor from any national or international
entity. They shall refrain from any action which might reflect on their position as
international officials.
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Section IV. THE ARBITRATION COMMISSION

Article 24. The Arbitration Commission shall consist of four judges who shall
be designated by the States, with the exception of the Presiding Judge. Nominated by
the judges from among their number, the Presiding Judge shall be appointed by the
current President of the Conference.
The country of which the judge designated to the presidency is a national shall
nominate another judge for appointment. The four judges shall be selected from
among persons offering full guarantees of independence and impartiality, and pos
sessing the qualifications required in their respective countries for appointment to
high judicial offices. They shall be appointed for a renewable four-year term.
The Commission shall meet as necessary when convened by its President. The
Commission shall take decisions by an absolute majority.
The Commission shall appoint its Registrar and determine his mandate.
Article 25. The Arbitration Commission shall ensure compliance with the law
in interpreting and applying this Convention.
Article 26. The Commission shall be competent to rule on any dispute
between member States under this Convention.
Article 27. The Commission's decisions shall have executory and binding
force.
Article 28. The Commission shall establish its rules of procedure, which shall
be subject to approval by the Council.
Article 29. The member States undertake not to submit any dispute relating to
the interpretation or application of this Convention to any means of settlement other
than that provided for herein.
Article 30. The statute of the Commission shall be established under a sepa
rate protocol.
PART III. THE BUDGET

Article 31. The Community's budget shall be prepared by the Executive Secre
tary, approved by the Council of Ministers and the State Commissioner and put into
effect by the Conference of Heads of State.
Article 32 The budget shall be financed by member States' contributions, in
accordance with the procedures laid down by the Conference of Heads of State on
the recommendation of the Council.
Member States undertake to pay their respective contributions regularly and on
time.
PART iv. JURIDICAL PERSONALITY
Article 33. The Community shall possess juridical personality. It shall have
the capacity to:
(a) Contract;
(b) Acquire and dispose of movable and immovable property essential to the attain
ment of its objectives;
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(c) Borrow;
(d) Institute legal proceedings;
(é) Accept donations, legacies and gifts.
The current President of the Conference of Heads of State shall be the Commu
nity's legal representative. He shall be competent to perform or delegate the above-
mentioned juridical acts.
Article 34. The Conference shall determine the immunities and privileges to
be granted to the Community, its representatives and the staff of the Executive Secre
tariat in the territories of the member States.
PART v. MISCELLANEOUS PROVISIONS
Article 35. This Convention shall enter into force upon its ratification by the
signatory States in accordance with their constitutional procedures.
The instruments of ratification shall be deposited with the headquarters' country
designated as the depositary State, which shall notify all the signatory States and the
Permanent Executive Secretariat of the said act.
Article 36. This Convention may be acceded to by other States in the Great
Lakes region.
Article 37. This Convention shall be registered with the United Nations and
the Organization of African Unity.
Article 38. This Convention may be amended or revised by the Conference of
Heads of State upon written request by a member State.
Article 39. Any member State may give notice of denunciation of this Con
vention to the current President, who shall immediately notify the other member
States.
The Convention shall cease to apply to that State three years after the date of
notification.
Article 40. Competence with regard to the dissolution of the Community shall
lie exclusively with the Conference of Heads of State, which shall determine the pro
cedure for apportioning assets and liabilities.
DONE at Gisenyi on 20 September 1976.
President of the Republic President of the Rwandese
of Burundi: Republic:
[Signed] [Signed]
MICHEL MICOMBERO JUVENAL HABYARIMANA
Lieutenant General Major General
President of the Republic of Zaire:
[Signed]
MOBUTO SESE SEKO KUKU NGBENDU WA ZA BANGA
Army General

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