Arusha Peace and Reconciliation Agreement for Burundi
We, the representatives of:
- The Government of the Republic of Burundi,
- The National Assembly,
- The Alliance Burundo-Africaine pour le Salut (ABASA),
- The Alliance Nationale pour le Droit et le Développement (ANADDE),
- The Alliance des Vaillants (AV-INTWARI),
- The Conseil National pour la Défense de la Démocratie (CNDD),
- The Front pour la Démocratie au Burundi (FRODEBU),
- The Front pour la Libération Nationale (FROLINA),
- The Parti Socialiste et Panafricaniste (INKINZO),
- The Parti pour la Libération du Peuple Hutu (PALIPEHUTU),
- The Parti pour le Redressement National (PARENA),
- The Parti Indépendant des Travailleurs (PIT),
- The Parti Libéral (PL),
- The Parti du Peuple (PP),
- The Parti pour la Réconciliation du Peuple (PRP),
- The Parti Social-Démocrate (PSD),
- The Ralliement pour la Démocratie et le Développement Economique et Social (RADDES),
- The Rassemblement du Peuple Burundais (RPB) and
- The Union pour le Progrès National (UPRONA),
Hereinafter referred to as “the Parties”,
Considering the rounds of talks held in Mwanza in 1996,
Having participated in the negotiations held in Arusha pursuant to the Declaration by the Participants in the Burundi Peace Negotiations involving all the Parties of the Burundi Conflict signed at Arusha on 21 June 1998 (“the Declaration of 21 June 1998”) under the facilitation of the late Mwalimu Julius Kambarage Nyerere, and subsequently of Mr. Nelson Rolihlahla Mandela, on behalf of the States of the Great Lakes region and the international community,
Expressing our deep appreciation for the persistent efforts of the Facilitators, the late Mwalimu Julius Kambarage Nyerere and Mr. Nelson Rolihlahla Mandela, the States of the Great Lakes region and the international community with a view to assisting the people of Burundi to return to peace and stability,
Determined to put aside our differences in all their manifestations in order to promote the factors that are common to us and which unite us, and to work together for the realization of the higher interests of the people of Burundi,
Aware of the fact that peace, stability, justice, the rule of law, national reconciliation, unity and development are the major aspirations of the people of Burundi,
Reaffirming our unwavering determination to put an end to the root causes underlying the recurrent state of violence, bloodshed, insecurity, political instability, genocide and exclusion which is inflicting severe hardships and suffering on the people of Burundi, and seriously hampers the prospects for economic development and the attainment of equality and social justice in our country,
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,
In the presence of:
- Jean-Baptiste Bagaza and Sylvestre Ntibantunganya, former Presidents of Burundi,
- The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,
- H. E. Mr. Nelson Rolihlahla Mandela, Facilitator,
- H. E. General Gnassingbé Eyadéma, President of the Republic of Togo and
- current Chairman of the Organization of African Unity,
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President ofthe Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania,
- H. E. Frederick J. T. Chiluba, President of the Republic of Zambia,
- H. E. Major-General Paul Kagame, President of the Republic of Rwanda,
- H. E. Laurent Désiré Kabila, President of the Democratic Republic of the Congo,
- H. E. Meles Zenawi, Prime Minister of the Republic of Ethiopia,
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- H. E. Dr. Boutros Boutros Ghali, Secretary-General of the International Organization of la Francophonie, and
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation,
Do hereby resolve and commit ourselves to be bound by the provisions of the Arusha Peace and Reconciliation Agreement for Burundi, hereinafter referred to as “the Agreement”.
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
- Protocol I: Nature of the conflict, problems of genocide and exclusion and :their solutions;
- Protocol II: Democracy and good governance;
- Protocol III: Peace and security for all;
- Protocol IV: Reconstruction and development;
- Protocol V: Guarantees on the implementation of the Agreement.
- Annex I: Pledge by participating parties;
- Annex II: Structure of the National Police Force;
- Annex III: Ceasefire agreement;
- Annex IV: Report of Committee IV;
- Annex V: Implementation timetable.
2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.
- (a) Where the Protocols of the Agreement contemplates that decision was to be taken by the Parties at the time of signature of the Agreement, and such matters or decisions have not been so taken at the date of signature of the Agreement, they shall be taken by the signatory parties, with or without the assistance of the Facilitator, within 30 days of signature.
- (b) Any provision of the Agreement or the protocols may be amended as provided for in article 20 of Protocol II or, pending the establishment of the Transitional National Assembly, with the consent of nine-tenths of the Parties;
- (c) Pending the negotiation and agreement of a comprehensive cease-fire agreement with the armed wings of non-signatory parties, Chapter III of Protocol III to the Agreement shall not come into effect; following the conclusion of the ceasefire agreement, it shall be deemed to be amended so as to be consistent with the provisions thereof.
- Members of the parties to the Burundi Peace Negotiations in Arusha which do not sign the Agreement shall not be entitled to participate or hold office in the transitional Government or the transitional Legislature unless such parties are admitted as participating parties in accordance with article 14 of Protocol II to the Agreement with the consent of four-fifths of the Parties.
1. The Parties acknowledge the need for the Agreement to be accompanied by and to be a condition for lasting peace and a cessation of violence in Burundi.
2. The Parties accordingly call upon armed wings of non-signatory parties to suspend hostilities and violent actions immediately, and invite such non-signatory parties to participate in or engage in serious negotiations towards a cease-fire. The Parties agree that in addition to this public invitation included herein, they will as a priority take all reasonable and necessary steps to invite such Parties to participate in cease-fire negotiations.
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.
The Agreement shall be signed by the Parties. The Facilitator, the President of the Republic of Uganda as the Chairman of the Regional Peace Initiative on Burundi, the President of the Republic of Kenya as the region’s elder statesman and the President of the United Republic of Tanzania as the host, and the representatives of the United Nations, the Organization of African Unity, the European Union and the Mwalimu Nyerere Foundation shall also affix their signatures hereto as witnesses and as an expression of their moral support for the peace process.
The Agreement shall enter into force on the date of its signature.
All of the final documents shall be drawn up in English, French and Kirundi. The English and French texts be equally authentic. The French text, being the original, shall be deposited with the Secretary-General of the United Nations, the Secretary-General of the Organization of African Unity and the Government of Burundi, and certified true copies thereof shall be transmitted by the Government to all Parties.
Signed in Arusha on the 28th day of the month of August 2000.
For the Government of Burundi
- Name of Representative: Mr. Ambroise NIYONSABA
- Title: Minister for the Peace Process
For the National Assembly
- Name of Representative: Hon. Léonce NGENDAKUMANA
- Title: Speaker of the National Assembly
- Name of the Party’s representative: Amb. Térence NSANZE
- Title: Chairman
- Name of the Party’s representative: Prof. Patrice NSABABAGANWA
- Title: Chairman
- Name of the Party’s representative: Prof. André NKUNDIKIJE
- Title: Chairman
- Name of the Party’s representative: Mr. Léonard NYANGOMA
- Title: Chairman
- Name of the Party’s representative: Dr. Jean MINANI
- Title: Chairman
- Name of the Party’s representative: Mr. Joseph KARUMBA
- Title: Chairman
- Name of the Party’s representative: Dr. Alphose RUGAMBARARA
- Title: Chairman
- Name of the Party’s representative: Dr. Etiénne KARATASI
- Title: Chairman
- Name of the Party’s representative: H. E. Jean-Baptiste BAGAZA
- Title: Chairman
- Name of the Party’s representative: Prof. Nicéphore NDIMURUKUNDO
- Title: Chairman
- Name of the Party’s representative: Mr. Gaëtan NIKOBAMYE
- Title: Chairman
- Name of the Party’s representative: Mr. Shadrack NIYONKURU
- Title: Chairman
- Name of the Party’s representative: Mr. Mathias HITIMANA
- Title: Chairman
- Name of the Party’s representative: Mr. Godefroy HAKIZIMANA
- Title: Chairman
- Name of the Party’s representative: Mr. Joseph NZEYIMANA
- Title: Chairman
- Name of the Party’s representative: Mr. Balthazar BIGIRIMANA
- Title: Chairman
- Name of the Party’s representative: Mr. Libère BARARUNYERETSE
- Title: Chairman
H. E. Mr. Nelson Rolilhalha Mandela, Facilitator;
H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
H. E. Daniel T. arap Moi, President of the Republic of Kenya,
H. E. Benjamin William Mkapa, President of the United Republic of Tanzania
H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation
Protocol 1 - Nature of the Burundi Conflict, Problems of Genocide and Exclusion and their SolutionsEdit
We, the Parties,
Having analysed the historical causes of the conflict in Burundi during the precolonial, colonial and post-colonial periods,
Having engaged in a lengthy, exhaustive, introspective and frank debate on the perceptions, root causes, practice and ideology of genocide, war crimes and other crimes against humanity, the role of the national political class and institutions in this regard, the regional and international context in which they occur and their manifestation in Burundi,
Having also discussed the origins and evolution, causes and manifestations of exclusion in Burundi,
Resolved to eradicate genocide and to reject all forms of division, discrimination and exclusion,
Motivated by the concern to work towards national reconciliation,
Have agreed as follows:
Chapter I - Nature and Historical Causes of the ConflictEdit
Article 1 - Precolonial periodEdit
1. During the precolonial period, all the ethnic groups inhabiting Burundi owed allegiance to the same monarch, Umwami, believed in the same god, Imana, had the same culture and the same language, Kirundi, and lived together in the same territory. Notwithstanding the migratory movements that accompanied the settlement of the various groups in Burundi, everyone recognized themselves as Barundi.
2. The existence of Bashingantahe who came from among the Baganwa, the Bahutu and the Batutsi and were judges and advisors at all levels of power was, inter alia, a factor in promoting cohesion.
3. As a result of the mode of management of national affairs, there were no known ethnic conflicts between the various groups during this period.
4. Nevertheless, certain traditional practices such as Ukunena, Ukwihutura, Ubugeregwa, Ubugabire, Ukunyaga, Ukwangaza, Ugutanga ikimazi-muntu, Ugushorerwako inka and others could, depending on the circumstances, constitute sources of injustice and of frustration both among the Bahutu and the Batutsi and among the Batwa.
Article 2 - Colonial periodEdit
1. The colonial administration, first German and then Belgian under a League of Nations mandate and United Nations trusteeship, played a decisive role in the heightening of frustrations among the Bahutu, the Batutsi and the Batwa, and in the divisions which led to ethnic tensions.
2. In the context of a strategy of “divide and rule”, the colonial administrationinjected and imposed a caricatured, racist vision of Burundian society, accompanied by prejudices and clichés relating to morphological considerations designed to set the different components of Burundi’s population against one another on the basis of physical characteristics and character traits.
3. It also introduced an identity card which indicated ethnic origin, thus reinforcing ethnic awareness to the detriment of national awareness. This also enabled the colonizer to accord specific treatment to each ethnic group in accordance with its theories.
4. It manipulated the existing system to its advantage by resorting to discriminatory practices.
5. Moreover, it undertook to destroy certain cultural values that until then had constituted a factor for national unity and cohesion.
6. On the eve of independence the colonizer, sensing that its power was threatened, intensified divisionist tactics and orchestrated socio-political struggles. However, the charismatic leadership of Prince Louis Rwagasore and his colleagues made it possible for Burundi to avoid political confrontation based on ethnic considerations and enabled it to attain independence in peace and national harmony.
Article 3 - Post-colonial periodEdit
1. Since independence, and throughout the different regimes, there have been a number of constant phenomena which have given rise to the conflict that has persisted up to the present time: massive and deliberate killings, widespread violence and exclusion have taken place during this period.
2. Views differ as to the interpretation of these phenomena and their influence on the current political, economic and socio-cultural situation in Burundi, as well as of their impact on the conflict.
3. Nevertheless, without prejudice to the results and conclusions of the International Judicial Commission of Inquiry and National Truth and Reconciliation Commission to be established pursuant to Chapter II of the present Protocol in order to shed light on these phenomena, the Parties recognize that acts of genocide, war crimes and other crimes against humanity have been perpetrated since independence against Tutsi and Hutu ethnic communities in Burundi.
Article 4 - Nature of the Burundi conflictEdit
With regard to the nature of the Burundi conflict, the Parties recognize that:
- (a) The conflict is fundamentally political, with extremely important ethnic dimensions;
- (b) It stems from a struggle by the political class to accede to and/or remain in power.
In the light of the foregoing, the Parties undertake to abide by the principles and implement the measures set forth in Chapter II of the present Protocol.
Chapter II - SolutionsEdit
Article 5 - General political measuresEdit
1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.
2. A reorganization of the State institutions to make them capable of integrating and reassuring all the ethnic components of Burundian society.
3. Speedy establishment of the transitional institutions pursuant to the provisions of Protocol II to the Agreement.
4. Orientation of political parties’ programmes towards the ideals of unity and national reconciliation and of socio-economic development rather than the protection of a specific component of the Burundian people.
5. Adoption of constitutional provisions embodying the principle of separation of powers (executive, legislative and judicial), pursuant to the provisions of Protocol II to the Agreement.
6. Enactment of an electoral law that takes into account the concerns and interests of all components of the nation on the basis of the provisions of Protocol II to the Agreement.
7. Prevention of coups d’état.
Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanityEdit
Political principles and measuresEdit
1. Combating the impunity of crimes.
2. Prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity, as well as violations of human rights, including those which are gender-based.
3. Implementation of a vast awareness and educational programme for national peace, unity and reconciliation.
4. Establishment of a national observatory for the prevention and eradication of genocide, war crimes and other crimes against humanity.
5. Promotion of regional cooperation to establish a regional observatory for the prevention and eradication of genocide, war crimes and other crimes against humanity.
6. Promotion of a national inter-ethnic resistance front to combat genocide, war crimes and other crimes against humanity, as well as generalization and collective attribution of guilt.
7. Erection of a national monument in memory of all victims of genocide, war crimes and other crimes against humanity, bearing the words “NEVER AGAIN”.
8. Institution of a national day of remembrance for victims of genocide, war crimes and other crimes against humanity, and taking of measures that would facilitate the identification of mass graves and ensure a dignified burial for the victims.
Principles and measures in the area of justiceEdit
9. Enactment of legislation to counter genocide, war crimes and other crimes against humanity, as well as human rights violations.
10. Request by the transitional Government for the establishment by the United Nations Security Council of an International Judicial Commission of Inquiry on genocide, war crimes and other crimes against humanity responsible for:
- (a) Investigating and establishing the facts relating to the period from independence to the date of signature of the Agreement;
- (b) Classifying them;
- (c) Determining those responsible;
- (d) Submitting its report to the United Nations Security Council;
- (e) The Commission shall make use of all the reports that already exist on this subject, including the 1985 Whitaker report, the 1994 non-governmental organizations’ report, the 1994-1994 report by ambassadors and the 1996 report of the United Nations International Commission of Inquiry.
11. Request by the Government of Burundi for the establishment by the United Nations Security Council of an international criminal tribunal to try and punish those responsible should the findings of the report point to the existence of acts of genocide, war crimes and other crimes against humanity.
Article 7 - Principles and measures relating to exclusionEdit
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
2. Combating conflict-generating injustices of all kinds.
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
4. Deliberate promotion of disadvantaged groups, particularly the Batwa, to correct the existing imbalances in all sectors. This exercise shall be conducted, while maintaining professionalism and avoiding the quota system, in accordance with a timetable starting at the same time as the transition period.
Principles and measures relating to public administrationEdit
5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
6. A transparent administration committed to the sound management of public affairs.
7. Training, in such a way as to include all the components of Burundian society, of civil servants, particularly for regional and local government, by establishing a national school of administration.
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
9. Depoliticization of the public administration to ensure its stability; in this respect, there is a need for legislation that will distinguish between political and technical functions; staff in the first category may change with the Government, whereas the technical staff must be guaranteed continuity.
10. Reinstatement of former refugees, taking into account experience gained before and during their exile.
Principles and measures relating to educationEdit
11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.
13. Transparency and fairness in non-competitive and competitive examinations.
14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.
Principles and measures relating to the defence and security forcesEdit
15. Clear definition of the roles of the defence and security forces.
16. Organization of the defence and security forces as a voluntary and professional entity, and their modernization.
17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.
Principles and measures relating to justiceEdit
18. Pursuant to the relevant provisions of Protocol II to the Agreement:
- (a) Promotion of impartial and independent justice. In this respect, all petitions and appeals relating to assassinations and political trials shall be made through the National Truth and Reconciliation Commission established pursuant to the provisions of article 8 of the present Protocol;
- (b) Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;
- (c) Amendment of laws where necessary (Criminal Code, Code of Criminal Procedure, Civil Code, Nationality Act, etc.);
- (d) Reform of the Judicial Service Commission so as to ensure its independence and that of the judicial system;
- (e) Organization of a judicial training programme, inter alia through the establishment of a National School for the Magistracy;
- (f) Provision of adequate human and material resources for the courts;
- (g) Establishment of the post of Ombudsperson.
Principles and measures relating to the economyEdit
19. Equitable apportionment and redistribution of national resources throughout the country.
20. Urgent implementation of an economic recovery programme with a view to combating poverty and raising the income of the people and of a programme for the reconstruction of destroyed economic infrastructures.
21. Legislation and structures for combating financial crime and corruption (tax legislation, customs legislation, legislation on public markets, etc.).
22. Recovery of State property plundered by some citizens.
23. Introduction of incentives for economic development in the context of fairness and harmony.
24. Development of the private sector by means of incentives with a view to creating new jobs and reducing the burden and pressures on the public sector.
25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
- (a) Equitable distribution of and access to social infrastructures, particularly schools and hospitals;
- (b) Promotion of a policy of assumption by the communes of responsibility for their own affairs, in the context of decentralization;
- (c) Definitive resolution of the issues relating to refugees, displaced persons, regrouped persons, dispersed persons and other sinistrés: rehabilitation, resettlement, reintegration and compensation for plundered property;
- (d) Return to the rightful successors of the victims of the various crises of property confiscated by certain bodies or by the State or stolen by third parties: movable and immovable property, bank and Savings Bank (CADBU) assets, contributions to the Social Security Fund (INSS);
- (e) Establishment of a National Commission for the Rehabilitation of Sinistrés to benefit the victims of the various crises;
- (f) Establishment by the State of mechanisms to facilitate the recovery and repatriation of refugees’ assets abroad.
Cultural principles and measuresEdit
26. Education of the population, particularly of youth, in positive traditional cultural values such as solidarity, social cooperation, forgiveness and mutual tolerance, Ibanga (discretion and sense of responsibility), Ubupfasoni (respect for others and for oneself) and Ubuntu (humanism and character).
27. Rehabilitation of the institution of Ubushingantahe.
Article 8 - Principles and measures relating to national reconciliationEdit
1. A national commission known as the National Truth and Reconciliation Commission shall be established. This Commission shall have the following functions:
- (a) Investigation
- The Commission shall bring to light and establish the truth regarding the serious acts of violence committed during the cyclical conflicts which cast a tragic shadow over Burundi from independence (1 July 1962) to the date of signature of the Agreement, classify the crimes and establish the responsibilities, as well as the identity of the perpetrators and the victims. However, the Commission shall not be competent to classify acts of genocide, crimes against humanity and war crimes;
- (b) Arbitration and reconciliation
- The Burundian crisis is a profound one: the task of reconciliation will be long and exacting. There are still gaping wounds which will need to be healed.
- To this end the Commission shall, upon completion of its investigations, propose to the competent institutions or adopt measures likely to promote reconciliation and forgiveness, order indemnification or restoration of disputed property, or propose any political, social or other measures it deems appropriate. In this context, the transitional National Assembly may pass a law or laws providing a framework for granting an amnesty consistent with international law for such political crimes as it or the National Truth and Reconciliation Commission may find appropriate;
- (c) Clarification of history
- The Commission shall also be responsible for clarifying the entire history of Burundi, going as far back as possible in order to inform Burundians about their past. The purpose of this clarification exercise shall be to rewrite Burundi’s history so that all Burundians can interpret it in the same way.
2. Membership of the commission
- (a) Source
- Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women’s organizations, or may stand as individual candidates.
- (b) Appointing body
- Members of the Commission shall be appointed by the transitional Government in consultation with the Bureau of the transitional National Assembly.
- (c) Profile and selection of candidates
- Members of the Commission must show probity, integrity and ability to rise above divisions of all kinds. In the selection of candidates, balance must be taken into account, and the following criteria shall apply:
- (i) Age of members: at least 35 years;
- (ii) Level of education: at least a full secondary education certificate or equivalent.
- Members of the Commission must show probity, integrity and ability to rise above divisions of all kinds. In the selection of candidates, balance must be taken into account, and the following criteria shall apply:
3. Functioning of the Commission
The Commission must have the leeway to work independently, inter alia through autonomy in managing the material and financial resources to be allocated to it.
The Commission shall, whenever necessary, propose additional reconciliation mechanisms, and shall be free to set up sub-commissions as appropriate.
The public authorities shall have the obligation to do their utmost to enable the Commission to accomplish its mission without hindrance, by providing it with sufficient material, technical and financial resources.
The Commission shall conduct its work over a two-year period. At the end of two years, the appropriate transitional institutions shall assess the work done, and may decide on an extension for one year.
Protocol II - Democracy and Good GovernanceEdit
We, the Parties,
Aware of the vital need to promote lasting peace in Burundi and to put an end to the conflict, division and suffering inflicted on the Burundian people,
Reaffirming our commitment to a democratic system of government, inspired by the realities of our country, that guarantees security and justice for all, and is founded on the values of unity without exclusion,
1. To ensure that a constitutional text for the people of Burundi is drafted during the transition period that is in conformity with the principles set forth in Chapter I of the present Protocol, and to ensure that such a text is adopted and brought into force in accordance with the time-frames and procedures herein, in conformity with a vision of democracy and good governance and the principles listed hereunder.
2. To provide for a transition period that is in conformity with the transitional arrangements set forth in Chapter II of the present Protocol.
3. To give effect, within the designated time limits, to the obligations set forth in this and other protocols with regard to the establishment of the transitional institutions.
Chapter I - Constitutional Principles of the Post-Transition ConstitutionEdit
Article 1 - Fundamental valuesEdit
1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.
2. All Burundians are entitled to live in Burundi in security and peace, and must live in harmony with one another while respecting one another’s dignity and tolerating one another’s differences.
3. Government shall be based on the will of the Burundian people, shall be accountable to them, and shall respect their fundamental rights and freedoms.
4. The Government of Burundi shall be so structured as to ensure that all Burundians are represented in and by it; that there is equal opportunity to serve in it; that all citizens have access to government services; and that the decisions and actions of government enjoy the widest possible level of support.
5. The task of government shall be to realize the aspirations of the Burundian people, and in particular to heal the divisions of the past, to improve the quality of life of all Burundians, and to ensure that all Burundians are able to live in Burundi free from fear, discrimination, disease and hunger.
6. The function of the political system shall be to unite, reassure and reconcile all Burundians while ensuring that the Government is able to serve the people of Burundi, who are its source of power and authority. In its functioning the Government shall respect the separation of powers, the rule of law, and the principles of good governance and transparency in the management of public affairs.
Article 2 - General principlesEdit
1. Burundi shall be a sovereign independent nation, united but respecting its ethnic and religious diversity and recognizing the Bahutu, the Batutsi and the Batwa, who make up the one nation of Burundi.
2. The national territory of Burundi shall be inalienable and indivisible subject to the provisions of the Constitution. Its frontiers shall be those recognized by international law.
3. Burundi shall be divided into provinces, communes and collines or zones, and such other subdivisions as are provided for by law. Their organization and operation shall be determined by the Constitution and by law.
4. The National Assembly shall take a decision regarding the status and revival of the monarchy, and any party peacefully promoting the restoration of the monarchy shall be allowed to function.
5. The national language of Burundi shall be Kirundi. The official languages shall be Kirundi and any other languages decided upon by the National Assembly.
Article 3 - Charter of Fundamental RightsEdit
1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.
2. All citizens shall have rights and obligations.
3. Human dignity shall be respected and protected.
4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.
5. No person shall be arbitrarily dealt with by the State or its organs.
6. All women and men shall have the right to life.
7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.
8. No one shall be held in slavery or servitude. Slavery and the slave trade shall be prohibited in all their forms.
9. The State shall to the extent possible ensure that all citizens have the means to lead an existence consistent with human dignity.
10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
11. There shall be freedom of marriage, including the right to choose one's partner. Marriage shall be entered into only with the free and full consent of the intending spouses.
12. The family, as the fundamental unit of society, shall be entitled to protection by society and the State.
13. Freedom of expression and of the media shall be guaranteed. The State shall respect freedom of religion, belief, conscience and opinion.
14. Freedom of assembly and association shall be guaranteed, as shall freedom to form non-profit-making associations or organizations in conformity with the law.
15. All Burundian citizens shall have the right to move and settle freely anywhere in the national territory, as well as to leave it and return to it.
16. No one shall be arbitrarily deprived of her/his nationality or denied the right to change it.
17. No one may be denied access to basic education. The State shall organize public education, and shall develop and promote access to secondary and post-secondary education.
18. The State shall ensure the good management and utilization of the nation's natural resources on a sustainable basis, conserving such resources for future generations.
19. Property rights shall be guaranteed for all women and men. Compensation that is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with a law which shall also set forth the basis of compensation.
20. The right to form and join trade unions and to strike shall be recognized. The law may regulate the exercise of these rights and prohibit certain categories of persons from going on strike.
21. Everyone shall have the right, in judicial or administrative proceedings, for her/his case to be dealt with equitably and decided within a reasonable time limit. Everyone shall have the right to due process and a fair trial.
22. No one may be deprived of her/his liberty other than in conformity with the law.
23. The State shall be under an obligation to promote the development of the country, especially rural development.
24. Each individual shall have the duty to respect and show consideration for her/his fellow citizens without any discrimination.
25. All citizens shall be required to discharge their civic obligations, and to defend their homeland.
26. Every child shall have the right to special measures to protect or promote her/his care, welfare, health and physical security, and to be protected from maltreatment, abuse or exploitation.
27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict.
28. No child shall be detained except as a measure of last resort, in which case the child may be detained only for the shortest appropriate period of time and shall have the right to be kept separately from detained persons over the age of 16 years and to be treated in a manner, and kept in conditions, that take account of her/his age.
29. Any restriction of a fundamental right must have a legal basis; it must be justified by the public interest or by the protection of another person’s fundamental right; it must be proportional to the objective pursued.
30. Fundamental rights must be respected throughout the legal, administrative and institutional order. The Constitution shall be the supreme law and must be upheld by the Legislature, the Executive and the Judiciary. Any law that is not in conformity with the Constitution shall be invalid.
Article 4 - Political partiesEdit
1. The multiparty system shall be recognized in the Republic of Burundi.
2. Political parties may be formed freely in conformity with the law.
3. A political party shall be a non-profit association uniting citizens around a democratic blueprint for society founded on national unity, and having a political programme with precise objectives dictated by the desire to serve the public interest and ensure the development of all citizens.
4. Political parties must comply with democratic principles in their organization and functioning, be open to all Burundians and be national in character and leadership, and shall not promote ethnic, regional or religious violence and hatred.
5. Political parties - and coalitions of political parties - shall promote the free expression of suffrage and shall participate in political life by peaceful means.
6. For the purposes of promoting democracy, a national law may authorize the financing of political parties on an equitable basis in proportion to the number of seats they hold in the National Assembly. Such financing may apply both to the functioning of the political parties and to electoral campaigns, and shall be transparent. The law shall define the types of subsidies, benefits and facilities that the State may grant political parties.
7. Registration of political parties shall fall within the competence of the Ministry of the Interior.
8. The law shall guarantee non-interference by the public authorities in the internal functioning of political parties, save for such restrictions as may be necessary for the prevention of ethnic hatred and the maintenance of public order.
9. Political parties may form coalitions during elections in accordance with the electoral law.
Article 5 - ElectionsEdit
1. The right to vote shall be guaranteed.
2. Elections shall be free, fair and regular in accordance with the electoral law and the law governing political parties.
3. Elections shall be organized impartially at the national, commune and colline levels and at other levels prescribed by the Constitution or by law.
4. Until amended in accordance with the post-transition Constitution, the rules relating to the electoral system shall be the same as those governing the elections for institutions at the national, commune and colline levels to be held during the transition period.
5. An Independent National Electoral Commission constituted in conformity with the provisions of article 20 of the present Protocol shall guarantee the freedom, impartiality and independence of the electoral process.
Article 6 - The LegislatureEdit
1. Legislative power shall be exercised by the National Assembly and, where specified herein, by the National Assembly and the Senate. A law adopted by a legislative body or bodies may only be amended by the same body or bodies.
2. The number of members of the National Assembly shall be specified in the Constitution, and in the first instance shall be 100. The Constitution may allow for the number of members to be determined in accordance with a designated ratio per number of inhabitants or by setting an absolute number.
3. The National Assembly shall pass legislation, oversee the actions of the Government and exercise all other functions assigned to it by the Constitution. The National Assembly shall be responsible for approving the national budget. This provision shall not preclude the submission of matters for popular approval by way of referendum.
4. A Court of Audit responsible for examining and certifying the accounts of all public services shall be established and organized by law. Its composition shall be specified in the post-transition Constitution. It shall be given the resources required for the performance of its duties. Administrative departments shall not withhold their co-operation from the Court of Audit. The Court of Audit shall submit to the National Assembly a report on the regularity of the general account of the State, and shall also ascertain whether public funds have been spent in accordance with the proper procedures and in accordance with the budget approved by the National Assembly.
5. The Constitution may not be amended except with the support of a four-fifths majority in the National Assembly and a two-thirds majority in the Senate.
6. Organic laws may not be amended except by a three-fifths majority in the National Assembly and with the approval of the Senate.
7. Members of the National Assembly and the Senate may not be prosecuted, made the subject of a warrant, arrested, detained or subjected to a penalty for acts performed as a member of the National Assembly or of the Senate.
8. Any criminal case involving a person holding political office shall be referred to a Chamber of the Supreme Court, and in the event of conviction, any appeal shall be receivable by the Chambers of the Supreme Court sitting together.
9. During sessions, a member of the National Assembly or the Senate may be prosecuted in respect of acts other than those referred to in paragraph 7 above only with the authorization of the National Assembly or the Senate, as the case may be.
10. The mechanisms for replacing members of the National Assembly or the Senate in the event of the vacancy of a seat shall be determined by law.
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post-transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly’s Bureau shall have a multiparty character, while the Senate’s Bureau shall be of a multi-ethnic character.
12. The compensation and benefits regime, as well as the incompatibility regime, for members of the National Assembly and of the Senate shall be established by law.
13. The opposition parties within the National Assembly shall participate by right in parliamentary commissions, whether sectoral or of inquiry.
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.
15. A former president shall be entitled to sit in the Senate. The Senate may co-opt up to three members of the Batwa group so as to ensure representation of this community.
16. The Senate shall have the following functions:
- (a) To approve constitutional amendments and organic laws, including laws governing the electoral process;
- (b) To receive the report of the Ombudsperson on any aspect of the public administration;
- (c) To conduct inquiries into the public administration and where necessary recommend action, to ensure that no region or group is excluded from the delivery of public services;
- (d) To monitor compliance with those prescripts of the Constitution requiring representativeness or balance in the composition of any part of the public service, including the defence and security forces;
- (e) To advise the President and the National Assembly on any matter, including legislation;
- (f) To monitor compliance with the present Protocol;
- (g) To comment on or suggest amendments to legislation adopted by the National Assembly, as well as to initiate and introduce bills for consideration by the National Assembly;
- (h) To approve laws dealing with the boundaries, functions and powers of provinces, communes and collines.
17. The Senate shall approve solely the following appointments:
- (a) The heads of the defence forces, the police and the intelligence service;
- (b) The provincial governors appointed by the President of the Republic;
- (c) The Ombudsperson;
- (d) The members of the Judicial Service Commission;
- (e) The members of the Supreme Court;
- (f) The members of the Constitutional Court;
- (g) The Principal State Prosecutor and members of the National Department of Public Prosecutions;
- (h) The presidents of the Court of Appeal and the Administrative Court;
- (i) The principal State Prosecutor in the Court of Appeal;
- (j) The presidents of the Court of First Instance, the Commercial Court and the Labour Court;
- (k) The State Prosecutors.
18. The Senate shall ensure that commune councils in general reflect the ethnic diversity of their constituencies; if the composition of any Commune Council does not do so, it may order the co-optation of persons by the Commune Council from an underrepresented ethnic group to that Council, provided that no more than one-fifth of the Council may consist of such co-opted persons. The persons to be co-opted shall be identified by the Senate from a list of names supplied to it by the Commune Council or by any colline chief within the commune.
19. Where the Senate proposes amendments to laws other than those in respect of which its consent is necessary, the National Assembly must consider those proposed amendments, and may if it so chooses give effect to them, before referring the bill to the President for his formal assent.
20. Members of the National Assembly and of the Senate shall have the right to debate the Government’s actions and policies.
21. The Constitution shall grant the Senate the powers and resources necessary to perform its functions.
Article 7 - The ExecutiveEdit
- (a) The Constitution shall provide that, save for the very first election of a President, the President of the Republic shall be elected by direct universal suffrage in which each elector may vote for only one candidate. The President of the Republic shall be elected by an absolute majority of the votes cast. If this majority is not obtained in the first round, a second round shall follow within 15 days.
- (b) Only the two candidates who have received the greatest number of votes during the first round may stand in the second round. The candidate who receives the majority of votes cast in the second round shall be declared the President of the Republic.
- (c) For the first election, to be held during the transition period, the President shall be indirectly elected as specified in article 20, paragraph 10 below.
2. The President of the Republic shall exercise regulatory power and shall ensure the proper enforcement and administration of legislation. She/he shall exercise her/his powers by decrees, countersigned, where required, by a Vice-President or a minister concerned.
3. She/he shall be elected for a term of five years, renewable only once. No one may serve more than two presidential terms.
4. In the exercise of her/his functions, the President of the Republic shall be assisted by two Vice-Presidents. They shall be appointed by the President of the Republic, who shall previously have submitted their candidacy for approval by the National Assembly and the Senate, voting separately, by a majority of their members. The President of the Republic may dismiss the Vice-Presidents. They shall belong to different ethnic groups and political parties.
5. The President of the Republic, after consultation with the two Vice-Presidents, shall appoint the members of the Government and terminate their appointments.
6. Parties or coalitions thereof shall be invited, but not obliged, to submit to the President a list of persons to serve as ministers if such parties or coalitions have received more than one-twentieth of the vote. They shall be entitled to at least the same proportion, rounded off downwards, of the total number of ministers as their proportion of members in the National Assembly. If the President dismisses a minister, she/he must choose a replacement from a list submitted by the party or coalition of the minister in question.
7. The President of the Republic shall be the Head of State and Commander-in- Chief of the defence and security forces. She/he shall declare war and sign armistices following consultation with the Government and the bureaux of the National Assembly and of the Senate.
8. The President of the Republic may be impeached for serious misconduct, impropriety or corruption by resolution of two-thirds of the members of the National Assembly and the Senate sitting together.
9. The President of the Republic may be charged only with the crime of high treason. The case shall be heard by the Supreme Court and the Constitutional Court sitting together and presided over by the President of the Supreme Court.
10. The Supreme Court shall receive a written statement of the assets and property of the President, the Vice-Presidents and members of the Government when they assume and relinquish office.
Article 8 - Local governmentEdit
1. The provinces shall be administered by civilian governors appointed by the President of the Republic and confirmed by the Senate.
2. Communes shall be decentralized administrative entities. They shall be the basis of economic and social development, and shall be divided into collines or zones and such other subdivisions as are provided for by law.
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.
Article 9 - The JudiciaryEdit
1. The judicial authority of the Republic of Burundi shall be vested in the courts.
2. The Judiciary shall be impartial and independent and shall be governed solely by the Constitution and the law. No person may interfere with the Judiciary in the performance of its judicial functions.
3. The Judiciary shall be so structured as to promote the ideal that its composition should reflect that of the population as a whole.
4. The courts and tribunals shall operate in Kirundi and the other official languages. Laws shall be enacted and published in Kirundi and the other official languages.
5. The Constitution shall provide for a Supreme Court of Burundi. Its Rules of Procedure, composition and chambers, and the organization of its chambers, shall be determined by an organic law.
6. The judges of the Supreme Court shall be appointed by the President from a list of candidates nominated by the Judicial Service Commission and approved by the National Assembly and the Senate.
7. There shall be a National Department of Public Prosecutions attached to the Supreme Court; its members shall be appointed in the same manner as the judges of the Supreme Court.
8. The other courts and tribunals recognized in the Republic of Burundi shall be the Court of Appeal, the High Courts, the Resident Magistrates’ Courts and such other courts and tribunals as are provided for by law. The Ubushingantahe Council shall sit at the level of the colline. It shall administer justice in a conciliatory spirit.
9. The President of the Court of Appeal, the presidents of the High Courts, the public prosecutors and the state counsels shall be appointed by the President of the Republic following nomination by the Judicial Service Commission and confirmation by the Senate.
10. The Government, within the limits of its resources, shall ensure that magistrates possess the desired qualifications and necessary training for the performance of their duties, and that the resources needed by the Judiciary are made available to it.
11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.
12. A Judicial Service Commission with an ethnically balanced composition shall be established. It shall be made up of five members nominated by the Executive, three judges of the Supreme Court, two magistrates from the National Department of Public Prosecutions, two judges from the resident magistrates’ courts and three members of the legal profession in private practice. The judges, magistrates and members of the legal profession shall be chosen by their peers. All members of the Commission shall be approved by the Senate.
13. The Commission shall have a secretariat. It shall be chaired by the President of the Republic, assisted by the Minister of Justice. It shall meet on an ad hoc basis. Its members who are not members of the Judiciary shall not be construed as members of the Judiciary solely because they are members of this oversight commission.
14. The Judicial Service Commission shall be the highest disciplinary body of the magistracy. It shall hear complaints by individuals, or by the Ombudsperson, against the professional conduct of magistrates, as well as appeals against disciplinary measures and grievances concerning the career of magistrates. No magistrate may be dismissed other than for professional misconduct or incompetence, and solely on the basis of a finding by the Judicial Service Commission.
15. Trials shall be public except where the interests of justice or a compelling public interest require otherwise. Judgements shall be reasoned and shall be handed down in public.
16. Magistrates shall be appointed by decree of the President on the proposal of the Judicial Service Commission. The presidents of resident magistrates’ courts shall be appointed in the same manner except that the nominees shall be proposed to the President after obtaining the approval of the Senate.
17. The Constitutional Court shall be the highest court for constitutional matters. Its jurisdictions shall be those set forth in the 1992 Constitution. The organization of the Court shall be laid down in an organic law. Reference is made for this purpose to the elements contained in Chapter II of the present Protocol.
18. The members of the Constitutional Court, seven in number, shall be appointed by the President of the Republic and confirmed by the Senate by a two-thirds majority. They shall have a term of office of six years non-renewable. The first Constitutional Court shall be that established under Chapter II of the present Protocol for the transition period. The members shall have the qualifications set forth in Chapter II of the present Protocol.
19. Matters shall be referred to the Constitutional Court by the President of the Republic, the President of the National Assembly or the President of the Senate, by petition by one quarter of the Members of the National Assembly or one quarter of the Members of the Senate, or by the Ombudsperson. In addition, every natural person with a direct interest in the matter, as well as the Public Prosecutor, may request the Constitutional Court to rule on the constitutionality of laws, either directly by means of an action or by an exceptional procedure for claiming unconstitutionality raised in a matter which concerns that person before an authority.
20. The Constitutional Court may sit validly only if at least five of its members are present.
21. Decisions of the Constitutional Court shall be taken by an absolute majority of its members, except that the President of the Court shall have a casting vote if the Court is evenly split on any matter.
22. The Constitutional Court shall be competent to:
- (a) Rule on the constitutionality of adopted laws and regulatory acts;
- (b) Rule on the constitutionality of executive action;
- (c) Interpret the Constitution and rule on vacancies in the posts of President
- of the Republic and President of the National Assembly if a dispute arises in regard thereto;
- (d) Rule on the regularity of presidential and legislative elections;
- (e) Administer the oath to the President of the Republic before she/he assumes office;
- (f) Verify the constitutionality of organic laws before their promulgation, and of the Rules of Procedure of the National Assembly before their application;
- (g) Rule on any other matters expressly provided for in the Constitution.
Article 10 - The administrationEdit
1. The administration shall function in accordance with the democratic values and principles enshrined in the Constitution, and with the law.
2. The administration shall be so structured, and all civil servants shall so perform their duties, as to serve all users of public services with efficiency, courtesy, impartiality and equity. Embezzlement, corruption, extortion and misappropriation of all kinds shall be punishable in accordance with the law. Any state employee convicted of corruption shall be dismissed from the public administration following a disciplinary inquiry.
3. The administration shall be organized in ministries, and every minister in charge of a ministry shall report to the President of the Republic and to the National Assembly on the manner in which the ministry performs its functions and utilizes the funds allocated to it.
4. The administration shall be broadly representative and reflect the diversity of the components of the Burundian nation. The practices with respect to employment shall be based on objective and equitable criteria of aptitude and on the need to correct the imbalances and achieve broad representation.
5. A law shall specify the distinction between posts that are career or technical posts and those that are political posts.
6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.
7. An independent Ombudsperson shall be created by the Constitution. The organization and functioning of her/his service shall be determined by law.
8. The Ombudsperson shall hear complaints and conduct inquiries relating to mismanagement and infringements of citizens’ rights committed by members of the public administration and the judiciary, and shall make recommendations thereon to the appropriate authorities. She/he shall also mediate between the administration and citizens and between administrative departments, and shall act as an observer of the functioning of the public administration.
9. The Ombudsperson shall possess the powers and resources required to perform her/his duty. She/he shall report annually to the National Assembly and the Senate. Her/his report shall be published in the Official Gazette of Burundi.
10. The Ombudsperson shall be appointed by the National Assembly by a three-quarters majority. The appointment shall be subject to confirmation by the Senate.
Article 11 - Defence and security forcesEdit
1. The post-transition Constitution shall contain in full the principles relating to the defence and security forces and principles of organization of those forces set forth respectively in articles 10 and 11 of Protocol III to the Agreement.
2. An organic law shall determine the organization and functioning of the defence and security forces.
3. The military head of the defence force shall be appointed by the President, subject to confirmation by the Senate.
- (a) The defence and security forces shall be subordinate to the civil authority of the State, and shall uphold the Constitution and the law.
- (b) The defence and security forces shall be professional and non-partisan, and shall not promote or disadvantage any political party or ethnic group.
- (c) The defence and security forces shall be trained at all levels to respect international humanitarian law and the supremacy of the Constitution.
- (d) For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d’état.
- (e) No civilian shall be subject to a military code of justice or tried by a military court.
5. Only the President may authorize the employment of the defence and security forces:
- (a) In defence of the State;
- (b) In the restoration of order and public safety;
- (c) In the discharge of international obligations and commitments.
If the defence and security forces are employed in any of the capacities set forth above, the President shall promptly inform the National Assembly and the Senate of the nature, extent and reasons for this employment. If the National Assembly is not in session it shall be convened within seven days for the consideration of such matter, as specified in Protocol III to the Agreement.
Chapter II - Transitional arrangementsEdit
Article 12 - ObjectivesEdit
1. Exceptional and special arrangements concerning the government of Burundi shall be made pending the adoption and entry into force of a Constitution that is in conformity with the constitutional principles set forth in Chapter I of the present Protocol.
2. The objectives of the transitional arrangements shall be:
- (a) To ensure the adoption of a post-transition Constitution that is in conformity with the constitutional principles;
- (b) To reconcile and unite Burundians and lay the foundations for a democratic and united Burundi, inter alia by promoting a broad programme of education in peace, democracy and ethnic tolerance;
- (c) To ensure the repatriation, resettlement and reintegration of Burundians living outside the national territory and the rehabilitation of the sinistrés;
- (d) To apply the measures and arrangements relating to the restoration of peace, the cessation of hostilities and the building of a professional army loyal to Burundi;
- (e) To ensure the adoption of agreed measures to confront the consequences of the past and avoid any recurrence of genocide, exclusion and impunity;
- (f) To implement the measures and carry out the reforms relating to the Judiciary, the administration and the defence and security forces in accordance with the Agreement;
- (g) To adopt an electoral law, establish an independent electoral commission and ensure the holding during the transition period of elections at the local and national levels as provided for in article 20 below;
- (h) To adopt laws on political parties, local administration, the press and other matters as required by the present Protocol and by the needs of the transitional institutions;
- (i) To implement the Agreement in accordance with the implementation timetable in Annex V to the Agreement.
Article 13 - Duration of the transitionEdit
1. The transition period shall commence from the time that the conditions necessary for installing the transitional Government in accordance with the applicable instruments have been met, which shall be as soon as possible after three months, and in any event not later than six months, from the date of signature of the Agreement. The Implementation Monitoring Committee alone shall determine this date, and may bring it forward if it decides that the necessary conditions exist. Until the transition period commences, all parties shall meet their obligations under the Agreement to establish or co-operate in establishing the agreed legal and institutional framework. The Implementation Monitoring Committee, established as set forth in Protocol V, shall be the mechanism for guaranteeing compliance with the Agreement.
2. The transition period shall culminate upon the election of the new President. The presidential election shall take place after the first democratic election of the National Assembly. Both elections shall take place within 30 months of the commencement of the transition period.
Article 14 - Political parties during the transitionEdit
1. The transitional National Assembly shall within twelve months of its installation adopt a law setting forth the qualifications and procedure for registration of political parties.
2. The said law shall specify a judicial authority which shall receive and adjudicate on applications by political parties for registration. Decision of the authority shall be posted in public places and published in the official Gazette of Burundi.
3. Pending the adoption of such a law, all political parties shall be entitled to function in accordance with the 1993 law on political parties.
4. The political parties shall commit themselves in writing to oppose any political ideology and any action that has at its purpose the promotion of violence, hatred or unlawful discrimination.
5. In order to promote national renewal, reconciliation and unity, no party shall be registered if it is established on the basis of ethnic or regional exclusivity. This sub-clause shall take effect nine months after the commencement of the transition period, in order to enable parties whose names or constitution do not satisfy this requirement to duly amend them so as to comply.
6. No political party may participate in the transitional arrangements, including those relating to the integration of the defence and security forces, if they do not respect the commitments embodied in the Agreement. Each such “participating party” must sign the pledge annexed hereto confirming its intention to participate in the transitional arrangements and its commitment to peace, reconciliation and democracy.
7. If political parties represented within the transitional National Assembly decide to merge, the merging parties shall retain the number of seats they had acquired initially.
8. Subject to the provisions of paragraphs 6 and 9 of this article, all Parties shall be entitled, but not obliged, to become participating parties.
9. The Government and National Assembly that are signatories to the Agreement shall not be participating parties unless specifically so provided in the Agreement.
10. A non-signatory party may become a participating party subsequent to the date of signature of the Agreement if four-fifths of the Parties represented in the Implementation Monitoring Committee so agree.
11. If a non-signatory party is admitted as a participating party in accordance with the present Protocol, it shall be accorded the same entitlement to participate in the transitional institutions and the Implementation Monitoring Committee as the other participating parties.
Article 15 - Transitional institutionsEdit
1. There shall be a transitional Legislature made up of a National Assembly and a Senate, a transitional Executive, a Judiciary and other transitional institutions as set forth in the present Protocol.
2. The constitutional provisions governing the powers, duties and functioning of the transitional Executive, the transitional Legislature and the Judiciary, as well as the rights and duties of citizens and of political parties and associations, shall be as set forth hereunder and, where this text is silent, in the Constitution of the Republic of Burundi of 13 March 1992. When there is any conflict between that Constitution and the Agreement, the provisions of the Agreement shall prevail. To give legal effect to this provision, the terms of the Agreement shall be appropriately adopted and promulgated within Burundi within four weeks of its signature.
3. The composition of the transitional National Assembly shall be as follows:
- The National Assembly
- (a) The Members of the National Assembly elected in 1993 shall retain or resume their seats. Where vacancies have occurred, the parties whose members occupied the vacant seats before the vacancy occurred shall fill them or allow those who have already filled them to remain;
- (b) The transitional National Assembly shall be augmented so that each of the participating parties which are not represented under (a) will be entitled to at least three seats so as to be represented within the transitional National Assembly;
- (c) It shall thereafter be augmented by the 28 members representing civil society currently sitting in the National Assembly;
- (d) The appointed members of the National Assembly shall retain their seats in the transitional National Assembly regardless of the return from exile of the members of the National Assembly elected in 1993.
- The Senate
- (a) The Senate shall be put in place by the President of the Republic and the Bureau of the National Assembly, while ensuring respect for the political, regional and ethnic balances;
- (b) It shall include inter alia former heads of State, three individuals from the Twa ethnic group and members of the transitional National Assembly coopted by the President of the Republic and the Bureau of the transitional National Assembly;
- (c) No provision shall be made for replacement of the members of the transitional National Assembly coopted to sit in the transitional Senate;
- (d) The transitional Senate shall perform the functions provided for inter alia in article 6 paragraph 16, and all such other functions and are expressly provided for in the constitutional principles embodied in the Agreement;
- (e) The Senate shall draw up its rules of procedure, which shall go into effect following verification by the Constitutional Court of their conformity with the transitional arrangements. Its first session shall be devoted to drawing up its rules of procedure and establishing its bureau. This session shall be presided over by the oldest Senator;
- (f) Its Bureau shall consist of a Speaker, and a Deputy Speaker, a Secretary-General and a Deputy Secretary-General.
4. The transitional National Assembly and the traditional Senate shall within 18 months adopt in the same terms, by a two-thirds majority, a post-transition Constitution in conformity with the principles set forth in Chapter I of the present Protocol.
5. After such adoption, the text in question shall be submitted to the Constitutional Court for verification of its compliance with the principles set forth in Chapter I. If the text does not so comply, the Court shall indicate which provisions must be amended. If and whenever the Court declines to certify a text submitted to it pursuant to this provision, the transitional National Assembly and the transitional Senate shall within 30 days amend the text and resubmit it to the Court.
6. A text referred to above shall, if certified, be submitted for popular approval by way of referendum. A text which is so approved shall be the post-transition Constitution and shall come into force upon the termination of the transition period.
7. If no duly adopted text has been certified and approved by referendum within 23 months of the commencement of the transition, the Implementation Monitoring Committee may instruct experts - either national or international - to prepare a text in conformity with Chapter I of the present Protocol. The experts shall have regard to any judgements of the Constitutional Court and to any constitutional texts not certified by it. The text prepared by the experts shall be submitted for direct approval by way of referendum. If approved, it shall become the post-transition Constitution. If not approved, it shall serve provisionally as the Constitution for purposes of the Legislature and Executive elected during the transition period under the provisions of article 20 of the present Protocol. Such first elected Legislature shall draft a post-transition Constitution and adopt it in conformity with the procedure for amending the post-transition Constitution set forth in Chapter I of the present Protocol.
- (a) The rules of procedure of the transitional National Assembly shall be those of the National Assembly elected in 1993 until they are duly amended.
- (b) The President and the Vice-President of the transitional National Assembly shall come from two different political families.
9. During the transition period, the National Assembly shall not pass a vote of no confidence and may not be dissolved.
10. A two-thirds majority shall be required for the adoption of legislation.
11. Any commission required under the present Protocol to be established by the transitional National Assembly shall be established by the Bureau of the transitional National Assembly unless otherwise indicated in the present Protocol.
12. The first transitional President and Vice-President of the Republic shall come from different ethnic groups and political parties. In the event of the death or incapacity of either of them, the new transitional President or Vice-President of the Republic shall be elected by the transitional National Assembly by a resolution which receives the support of two-thirds of the members. Pending the election of a new President, the President of the transitional National Assembly, assisted by the Vice-President of the Republic, shall act as President. The term of the transitional President and Vice-President shall terminate upon the election of the first President under the provisions of this Protocol.
13. During the transition period, there shall be a broad-based transitional Government of national unity. The Government shall include representatives of different parties in a proportion whereby more than half and less than three-fifths of the portfolios are allocated amongst the G-7 group of parties.
14. The precise identity of the members of the transitional Executive shall be decided by the transitional President and Vice-President after consultations with the heads of the parties participating in the transitional National Assembly.
- (a) There shall be between 24 and 26 members of the transitional Executive, in addition to the transitional President and Vice-President.
- (b) The transitional President and Vice-President shall determine the initial function of each Minister when allocating the ministries to parties. The transitional President and Vice-President shall ensure that the minister in charge of the defence force belongs to a different family of parties from the minister responsible for the police.
16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.
17. Any decision to be taken, by law or in accordance with the present Protocol, by the transitional President shall be taken only after consultation with the transitional Vice-President or the transitional Executive.
18. The transitional Executive shall confirm the appointment of the heads of the police and the defence force.
19. The transitional President, after consultation with the transitional Executive, shall within 30 days prepare for submission to the transitional Senate in accordance with the present Protocol a list of appointments for a period or periods specified by her/him to the offices listed below:
- (a) Provincial governors;
- (b) Judges of the Constitutional Court;
- (c) Commune administrators.
- (a) The transitional Government shall within 30 days of the commencement of the transition establish a commission under the chairmanship of a judge to investigate, as a matter of urgency, and to make recommendations on:
- (i) The conditions in jails, the treatment of prisoners and the training and conditions of service of warders;
- (ii) The release of prisoners awaiting trial in respect of whom there has been an undue delay in the prosecution of their cases;
- (iii) The existence of and release of any political prisoners.
- (b) The establishment of this commission shall not preclude the transitional Government or the transitional National Assembly dealing with the above matters.
21. The transitional National Assembly and the transitional Executive may establish commissions with or without expert participation to assist in preparing texts or for any other purpose which is part of their respective missions during the transition.
Article 16 - Legal and administrative continuityEdit
1. For purposes of continuity, all laws in force prior to the commencement of the transition shall remain in force until amended or repealed.
2. The transitional National Assembly shall as a priority review all legislation in force with a view to amending or repealing legislation incompatible with the objectives of the transitional arrangements and the provisions of the present Protocol.
3. The transitional National Assembly may pass laws with retrospective effect. However, no law may impose a penalty for conduct or action for which there was no penalty at the time it was committed, or provide for retrospective increase in a penalty.
Article 17 - Judicial and administrative reformsEdit
1. Within 30 days of the commencement of the transition period, a commission of the transitional National Assembly in which all the parties are represented shall be established to monitor the reforms of the public administration and of the administration of justice and to submit recommendations thereon to the transitional National Assembly and the transitional Executive.
2. The transitional National Assembly may for purposes of reforming the judicial sector amend by two-thirds majority any existing law, including the provisions of the 1992 Constitution, dealing with the structure and functioning of the Supreme Court.
3. For purposes of improving the judicial services in Burundi, the transitional Government shall implement the following reforms:
- (a) The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
- (b) So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period, training colleges for employees of the judicial system shall be created, accelerated training shall be promoted, and the status and the internal promotion of magistrates shall be improved;
- (c) Existing legislation relating to the organization of the Judiciary, the codes of criminal and civil procedure and the map of judicial jurisdiction shall be reviewed;
- (d) All legislation shall be made available in Kirundi;
- (e) Respect for the law shall be promoted;
- (f) Steps shall be taken to discourage corruption, to denounce officials guilty of corruption, to enforce all legislation related to corruption, to establish effective oversight bodies, to improve working conditions in the judicial sector and to take necessary measures to require civil servants to report instances of corruption;
- (g) The necessary measures shall be taken, including those specified in Protocol I to the Agreement, to deal with the problem of impunity and take any other steps required to ensure that any travesties of justice are dealt with or re-opened;
- (h) The judicial sector shall be given the necessary resources so as to discharge its responsibilities impartially and independently.
4. Any appointment to the Judiciary required by Chapter I of the present Protocol to be made by the President shall, during the transition, be made by the transitional President and Vice-President in consultation with the Minister of Justice.
5. Any appointment to the Judiciary required by Chapter I of the present Protocol to be submitted for approval or confirmation to the National Assembly or the Senate shall, during the transition period, be required to be approved or confirmed by the transitional National Assembly by two-thirds majority.
6. There shall be a Constitutional Court possessing the jurisdiction and functions set forth in the 1992 Constitution of the Republic of Burundi.
7. The Constitutional Court shall be made up of seven members, two of whom shall be permanent (the President and Vice-President). They shall be appointed by the President of the Republic, subject to confirmation by the transitional National Assembly by a majority of two-thirds. Three of these judges shall be appointed for a period of three years only, and shall be replaced in the manner provided for in the post-transition Constitution. The remaining four shall be appointed for six years beginning at the commencement of the transition. The appointments shall be made within one month of the commencement of the transition. Judges of the Constitutional Court shall be persons of moral integrity and shall have legal training or experience. A member of a standing court must be amongst the nominees.
8. The Constitutional Court may sit validly only if at least five of its members, including its President or Vice-President, are present.
9. Decisions of the Constitutional Court shall be taken by an absolute majority of its members, except that the President of the Court shall have a casting vote if the Court is evenly split on any matter.
10. International co-operation and legal assistance will be required by the transitional Government to assist it in improving and reforming the legal system. Foreign jurists, including former Burundian nationals living outside the country, shall be requested to assist in the reform of the judicial system. The transitional Government may appoint any such persons to judicial positions so as to promote confidence in the Judiciary.
11. Members of the public administration, including local government and the diplomatic corps, shall be so appointed by the transitional Executive as to ensure that imbalances observed in these sectors are corrected. The Government may appoint a commission with expert participation to assist it in making appointments.
12. Provincial governors and commune administrators shall be appointed by the President, subject to confirmation by the transitional National Assembly. They shall be natives of the territorial entity placed under their authority. They shall be civilians.
Article 18 - Combating impunity during the transitionEdit
1. In accordance with Protocol I to the Agreement, the transitional Government shall request the establishment of an International Judicial Commission of Inquiry which will investigate acts of genocide, war crimes and other crimes against humanity and report thereon to the Security Council of the United Nations.
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.
Article 19 - Defence and security forcesEdit
1. Associations having the character of militias shall be prohibited.
2. The transitional arrangements regarding the defence and security forces, including the constitutional and legal framework governing such forces, shall be those set forth in Protocol III to the Agreement. Where that Protocol is silent, the provisions of the 1992 Constitution of the Republic of Burundi shall apply.
Article 20 - ElectionsEdit
1. Elections at the commune level and at the national level shall be held during the transition period in accordance with the provisions and within the time-frames set forth in the present Protocol.
2. An Independent National Electoral Commission shall be established by the transitional Government as set forth hereunder.
3. The Commission shall be made up of five independent personalities and shall solicit advice from a multiparty commission of the transitional National Assembly. Its members shall be approved by a three-fourths majority of the transitional National Assembly, and may include non-Burundians who have expertise and integrity.
4. The Commission shall have as its functions:
- (a) To organize elections at the national, commune and colline levels;
- (b) To ensure that these elections are free, fair and transparent;
- (c) To proclaim the results of the elections within a period determined by law, which shall be as short as possible;
- (d) To promulgate the arrangements, the code of conduct, and the technical details, including the locationof voting stations and times of voting;
- (e) To hear and adjudicate on complaints regarding observance of the rules of the elections. The decisions of the commission shall be final;
- (f) To ensure through appropriate rules that parties do not operate in a manner that incites ethnic violence or is otherwise not in conformity with the present Protocol;
- (g) To ensure, and hear disputes regarding, compliance with the multiethnic requirements set forth in the present Protocol.
5. The transitional National Assembly shall within 12 months and by a two-thirds majority adopt a law regarding electoral rules.
6. The revised electoral code may set a threshold - up to 2% - below which no political party may be allocated seats if it has not won that percentage of the votes cast at the national level.
7. There shall be elections for the National Assembly, which shall take place after the commune elections and before the election of the President. The National Assembly shall have 100 directly elected members. As an exceptional measure and for the purpose of the first election only, and only if one party has received more than three-fifths of the directly elected seats, an additional 18 to 21 members in total shall be co-opted in equal numbers from the lists of all the parties that have obtained more than the threshold vote, or two persons per party if more than seven parties qualify.
8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
9. The election of the President of the Republic shall take place after the National Assembly elections and before the end of the transition period.
10. The first post-transition President shall be elected by the National Assembly and Senate sitting together by a majority of two-thirds of the votes.
11. Any person who has served as President during the transition period shall be ineligible to stand for President in the first election. Candidates for the presidency must be Burundian citizens and over 35 years of age.
12. Elections at the commune level shall be held, in accordance with the procedures listed below, within eighteen months of the commencement of the transition period.
- (a) The collines shall be administered by colline councils of five members elected by direct universal suffrage. The councillor with the greatest number of votes shall become the chief of the colline. Elections for the colline chiefs shall, for the first elections, not be based on party political lists and all candidates shall stand as independents.
- (b) The communes shall be administered by commune councils, which shall be elected by direct universal suffrage.
- (c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the administrators to be elected by direct universal suffrage.
- (d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.
Article 21 - Amendment of the transitional arrangementsEdit
Changes may be made to the transitional arrangements and the text of the Agreement with the consent of nine-tenths of the members of the transitional National Assembly.
Article 22 - Interim periodEdit
1. The Parties agree to comply during the period between the signature of the Agreement and the installation of the transitional National Assembly with the obligations, arrangements and commitments set forth in Chapter II of the present Protocol.
2. By its signature the National Assembly agrees, within four weeks, to:
- (a) Adopt the present Protocol as the supreme law without any amendments to the substance of the Agreement;
- (b) Repeal the provisions of any legislation which prevent free political activity, or which would hinder the implementation of the present Protocol;
- (c) Pending the installation of a transitional Government adopt such legislation as is necessary for the granting of temporary immunity against prosecution for politically motivated crimes committed prior to the signature of the Agreement.
3. The parties wishing to participate in the transitional arrangements (the "participating parties") agree to file with the Implementation Monitoring Committee the following:
- (a) Within seven days of the signature of the Agreement, a pledge, which appears as Annex I to the Agreement, committing the participating party to observe its commitments to democracy, peace and reconciliation, to reject all forms of violence and to participate in a public programme on peace and reconciliation;
- (b) Within 60 days of signature, a document nominating the members representing the participating party in the transitional National Assembly.
4. The transitional President and Vice-President shall within 60 days of the signature of the Agreement submit to the Implementation Monitoring Committee a list identifying the members of the Cabinet.
5. Starting one month after the signature of the Agreement, the Implementation Monitoring Committee shall continuously review whether the conditions for the installation of a transitional Government have been met, and may direct the Government or any Party or participating party to undertake any steps which would enable those conditions to be met. It alone shall fix the date on which the transitional National Assembly and transitional Government shall be installed, and may postpone such date, provided the final date is not later than six months after the signature of the Agreement.
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
- (a) Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
- (b) Compile, within 30 days of the signature of the Agreement, an inventory co-signed by the Minister of each ministry listing each of the assets owned by the State exceeding the value of US$ 250 in the possession of such ministry, and lodge a copy of such inventory with the Implementation Monitoring Committee;
- (c) Not destroy or allow the destruction of any record, file, or information or of any building or other property held by it during this period;
- (d) Take the necessary steps, including the signing of international agreements, to facilitate the entry and deployment of observers and members of forces or security personnel as agreed in Protocol III to the Agreement.
7. The Minister and the chief career public servant in each ministry shall be jointly liable in law for any damage or destruction of any government property, including any record, file or any other document, held by it, for any misrepresentation in the asset inventory filed with the Implementation Monitoring Committee, or for any wasteful use of the ministry’s financial resources.
8. The Government shall be responsible for the day-to-day government of Burundi during the interim period. If during that period the Government should, without the approval of the Implementation Monitoring Committee, take any of the actions indicated in subparagraphs (a) – (d) below, such action may subsequently be reviewed by the transitional Government and, if found not to have been in the interests of good governance, summarily cancelled or reversed:
- (a) Alter the conditions of service or levels of remuneration of public servants;
- (b) Make any appointment to or promotion within the public administration;
- (c) Sell State-owned immovable property;
- (d) Enter into any contract for the supply of goods or services or the construction of any building, or for the erection or maintenance of any Government infrastructure, which will have the effect of incurring financial obligations on the part of the transitional Government. Any such contract concluded without the approval of the Implementation Monitoring Committee may be annulled by the transitional Government.
9. During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.
11. The Implementation Monitoring Committee may request and shall receive from the transitional Government any information relating to governmental activities, any relevant data regarding governance or any information relating to or required for the monitoring, supervision or implementation of the Agreement, including information relating to any international financial assistance.
12. The Implementation Monitoring Committee shall assist in soliciting or obtaining any international or foreign aid or assistance contemplated by the Agreement. It may generally advise any donor and suggest conditionalities in regard to any aid or assistance to be granted to, or agreements to be concluded with, the Government of Burundi. For this purpose it shall be informed of the details of any international agreements to be concluded with, or foreign aid to be donated to, the Burundian Government.
13. The Implementation Monitoring Committee may, at its discretion and for purposes of supervising, monitoring or ensuring the implementation of the Agreement, issue directives to any Party or participating party. All parties shall comply with such directives within the period specified in the directive.
14. In the event that a Party or participating party fails to comply with a directive of the Implementation Monitoring Committee, the Committee may:
- (a) Place the party on terms to comply;
- (b) Failing compliance with such warning, and after offering the party an opportunity to explain its non-compliance, suspend such party from participating in the transitional arrangements;
- (c) Request the appropriate assistance of any international body or State or Party in enforcing compliance.
15. The participating parties shall do all in their power to ensure that their members observe the provisions of the Agreement, including, but not limited to, the prompt full and wide dissemination of the provisions of the Agreement relating to the ceasefire, disarmament, and reporting to quartering locations.
16. The participating Parties shall assist the Implementation Monitoring Committee and the Facilitator in an intensive public campaign to win support for the Agreement and to promote peace and reconciliation.
17. They shall take disciplinary measures, including expulsion, against any member who contrary to the spirit and letter of the Agreement and the pledge annexed hereto commits an act of violence or destroys or damages public or private property.
Protocol III - Peace and Security for AllEdit
We, the Parties,
Recalling the commitments entered into in the Declaration of 21 June 1998 with a view to resolving the Burundi conflict through peaceful means and putting an end to all forms of violence,
Aware of the necessity to promote lasting peace and having analysed the questions relating to the principles of peace and security for all, to the defence and security forces and to the cessation of hostilities, and the arrangements with a view to achieving a permanent ceasefire,
Have agreed as follows:
Chapter I - Peace and Security for AllEdit
Article 1 - Principles of peace and security for allEdit
1. All Burundian citizens have the right to live in peace and security without any discrimination whatsoever.
2. The sovereignty of the people through the Constitution and the laws that stem from it shall be respected by all.
3. The institutions have the primary duty to guarantee:
- (a) The security of all citizens;
- (b) The protection of the inalienable rights of the human person, starting with the right to life, and the rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;
- (c) The protection of all the ethnic communities of the population through specific mechanisms for the prevention of coups d’état, segregation and genocide;
- (d) Respect for the law and combating of impunity;
- (e) Good governance;
- (f) Sovereignty of the State and integrity of the national territory.
4. Any foreign intervention other than under international conventions shall be prohibited. All recourse to foreign forces shall be prohibited, except when authorized by the institutions empowered to do so.
5. All Burundian citizens shall be under an obligation to respect the right of their fellow citizens to peace and security, as well as to respect public order.
6. The prerequisites for the establishment and maintenance of peace and security are:
- (a) Unity within the defence and security forces;
- (b) Political neutrality of the defence and security forces;
- (c) The professional, civic and moral qualities of the defence and security forces;
- (d) Neutrality and independence of the magistracy;
- (e) Control of illegal possession and use of weapons.
7. The use of force as a means of access to and retention of power shall be rejected.
8. The defence and security forces belong to all the people of Burundi. They shall be an instrument for the protection of all the people, and all the people must identify with them.
9. The establishment of militias and terrorist and genocidal organizations, the practice of terrorism and genocide and incitement to those practices shall be prohibited.
10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.
11. The ideals of peace and national unity shall be promoted and developed within the political parties, and propagation of the ideologies of exclusion, racism and genocide shall be prohibited.
12. The principle of participation of all components of society in the management of all the organs of the State, as well as equality of opportunity for citizens in all sectors of national life, shall be respected.
13. An economic and social policy that ensures the harmonious and balanced development of the people and the nation, as well as a policy of harmonious resolution of social problems, shall be pursued.
14. A culture of peace and tolerance shall be promoted through the development of a sense of patriotism among citizens and of mutual solidarity in the event of a threat, as well as through education and training of all political and technical officials.
15. Provisions for penalizing the violation of these principles shall be adopted.
Article 2 - Causes of the violence and insecurity in BurundiEdit
The causes of the violence and security in Burundi are:
The colonial periodEdit
1. The breaking apart of the pre-colonial political and administrative equilibrium among the Baganwa, the Batutsi and the Bahutu triggered off by the implementation of the administrative reforms of the 1930s which resulted in the dismissal from their administrative positions of most of the Hutu chiefs and some of the Tutsi chiefs.
2. A discriminatory system which did not offer equal educational access to all Burundian youths from all ethnic groups.
3. The erosion of some basic traditions, cultural norms and values that had hitherto been the foundations of the unity, solidarity and cohesion of the fabric of Burundian society and of Burundians.
4. The disruption of the traditional socio-political system in effect under the monarchy, which led to erosion of the bonds that provided the foundations of Burundi’s political stability.
The post-colonial periodEdit
5. Political instability consequent upon the undermining of the legitimacy of the post-colonial institutions, accentuated by:
- (a) The poor conception of power; lack of good leadership, lack of respect for the law and demonization of political opponents;
- (b) The assassination of great Burundian leaders (Rwagasore, Ngendandumwe, Ndadaye);
- (c) Impunity of those committing political crimes and human rights violations and practising regionalism, patronage, cronyism and corruption;
- (d) The struggle for influence by the great powers, foreign interference in Burundi’s internal affairs and the proliferation of arms in the region;
- (e) Failure to satisfy the basic needs of the citizens as a result of economic underdevelopment and lack of a sound economic policy that led to disillusionment and an erosion of support for the political system;
- (f) The distortion of Burundi’s history;
- (g) The ideology and practice of genocide and exclusion.
6. The aftermath of the colonial system, the inadequacy of the basic reforms of the institutional arrangements inherited from colonization for governance, administration and the maintenance of order and security for all.
7. The unbridled struggle for power which, following the principle that “the end justifies the means”, resulted in recourse to violence and the deliberate manipulation of ethnic sentiments as legitimate methods of access to and retention of power.
8. Lack of respect by certain political actors for the basic normative rules and principles of good governance, particularly those concerning separation of the legislature, the executive and the judiciary, independence of the magistracy, satisfaction of basic human needs and the maintenance of order and security for all.
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.
10. Non-acceptance of peaceful co-existence, diversity and pluralism as guiding principles of life and the basis of national cohesion, unity and solidarity.
11. Lack of appropriate action by the United Nations to rule on the acts of genocide perpetrated in Burundi since independence.
Article 3 - Persons responsible for and agents of the insecurity and violenceEdit
The following were identified as responsible for and agents of the insecurity and violence:
- (a) Some foreign countries, foreign organizations, political or otherwise, and certain foreign lobbies;
- (b) National and foreign individuals and groups, as well as organizations, institutions, parties and movements, which conceived, abetted, condoned, encouraged, incited and practised divisions, violence and violent methods of access to and retention of power;
- (c) Political, administrative and religious leaders, as well as technical staff, who contributed to perpetrating the genocide;
- (d) Persons responsible for the violence perpetrated during the crises of 1965-1969, 1972, 1988, 1991 and 1993 to date;
- (e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;
- (f) Those instruments of State power responsible for protecting the population which failed in their mission, particularly those elements of the defence and security forces guilty of excesses and violence against the innocent population;
- (g) Those elements who practise genocide and their allies.
Article 4 - Nature of the insecurity and violenceEdit
The violence is political, economic and social in nature and is expressed in genocidal, criminal and terrorist form.
Article 5 - Manifestations of the insecurity and violenceEdit
The insecurity and violence are manifested in:
- (a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;
- (b) Massive forcible displacements of individuals, families and groups who as a result leave their customary places of residence and become refugees outside the country or remain inside the country as displaced and regrouped persons in camps, tents, shacks and other makeshift arrangements;
- (c) Destruction of national and socio-economic infrastructures, as well as of public and private property.
Article 6 - Consequences of the insecurity and violenceEdit
The most serious consequences of the insecurity and violence are:
- (a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;
- (b) Lack of respect for authority and the law giving rise to anarchy, mistrust and lack of civic spirit, which lead to civil unrest and rebellion;
- (c) The spread of the culture of violence, leading to a general disdain for the sanctity of human life;
- (d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.
Article 7 - Victims of the insecurity and violenceEdit
The main victims of the insecurity and violence are:
- (a) The nation, some political officials, and individuals forced to flee from their original places of residence into exile, settlements and camps;
- (b) Individuals, groups, and categories of the population, both Hutu and Tutsi, targeted on account of their beliefs or political affiliation and on the basis of their ethnic origin.
Article 8 - Protection of the inalienable rights of the human personEdit
It is the duty of the State:
- (a) To protect the inalienable rights of the human person, starting with the right to life and including the rights to freedom, security, work, education and freedom of expression, and all other rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;
- (b) To prohibit and punish violations of the inalienable rights of the human person;
- (c) To institute a proactive policy aimed at promoting human rights through education and training of the population, including all political and technical officials.
The three most pertinent security-related regional and international issues are:
- (a) The close relationship of Burundi’s internal security to security in Great Lakes region and to external factors such as insecurity in the neighbouring countries, hegemonist and/or genocidal ideologies in the Great Lakes region, the arms trade and the presence of mercenaries;
- (b) The need to create conditions that encourage peaceful co-existence, foster a culture of peace and tolerance and cultivate a hospitable environment that encourages people to remain in their places of residence within their country rather than flee as refugees;
- (c) The need to promote participation in and respect for the international conventions on refugees.
Chapter II - The Defence and Security ForcesEdit
Article 10 - Principles relating to the defence and security forcesEdit
1. The defence and security forces shall reflect the firm resolve of Burundians, as individuals and as a nation, to live as equals, in peace and harmony, and to be free from fear.
2. The defence and security forces shall be established in accordance with the Constitution. Apart from the defence and security forces so established, no other armed organization may be created or raised.
3. The defence and security forces shall teach and require their members to abide by the Constitution and the laws in force and by the international conventions and agreements to which Burundi is a party.
4. The maintenance of national security and of national defence shall be subject to Government authority and parliamentary oversight.
5. The defence and security forces shall be accountable for their actions and work in all transparency. Parliamentary committees shall be set up to supervise the work of the defence and security forces in accordance with the legislation in force and the parliamentary rules and regulations.
6. Neither the defence and security forces nor any of their members shall, in the performance of their duties:
- (a) Injure the interests of a political party which is legitimate under the Constitution;
- (b) Manifest their political preferences;
- (c) Favour in any manner the interests of a political party;
- (d) Be a member of a political party or an association of a political nature;
- (e) Take part in political activities or demonstrations.
Article 11 - Principles of organization of the defence and security forcesEdit
1. The defence and security forces shall consist of a national defence force, a national police and an intelligence service, all established in conformity with the Constitution.
2. The defence and security forces shall be subordinate to civilian authority in respect for the Constitution, the law and the regulations.
3. The defence and security forces shall be open to all Burundian citizens without discrimination.
4. The defence and security forces shall promote within their services a non- discriminatory, non-ethnicist and non-sexist culture.
5. Organic laws shall determine the creation, organization, training, conditions of service and functioning of the defence and security forces.
6. Within the limits determined by the Constitution and the laws, only the President may authorize the use of armed military force:
- (a) In defence of the State;
- (b) In the restoration of order and public safety;
- (c) In the discharge of international obligations and commitments.
7. When the national defence force is utilized in one of the cases referred to in paragraph 6 above, the President shall officially consult the authorized competent bodies and shall promptly inform the Legislature, in detail, of:
- (a) The reason or reasons for the use of the national defence force;
- (b) Any location where that force is deployed;
- (c) The period for which that force is deployed.
8. If the Legislature is not in session, the President shall convene it in special session within seven days from the use of the national defence force.
9. The defence and security forces shall respect the rights and dignity of their members in the context of the normal constraints of discipline and training.
10. The members of the defence and security forces shall have the right to be informed of the socio-political life of the country and to receive civic education.
Article 12 - Missions of the defence and security forcesEdit
1. Missions of the national defence force
The missions of the national defence force shall be:
- (a) To ensure the integrity of the national territory and the sovereignty of the country;
- (b) To combat any armed aggression against the institutions of the Republic;
- (c) To intervene exceptionally in the maintenance of public order at the formal request of the authorized civilian authority;
- (d) To participate in assistance activities in case of natural disasters;
- (e) To contribute to the development of the country through major works, production and training;
- (f) To defend the vital points.
2. Missions of the national police
The missions of the national police shall be:
- (a) To maintain and restore public order;
- (b) To prevent offences provided for by law, investigate and prosecute their perpetrators and make arrests in accordance with the law;
- (c) To ensure respect for the laws and other regulations for whose enforcement they are directly responsible;
- (d) To ensure the physical protection of persons and their property;
- (e) To ensure the protection of infrastructures and public property;
- (f) To relieve and assist persons in danger or in distress;
- (g) To intervene in case of catastrophe or disaster;
- (h) To develop various civil defence scenarios;
- (i) To ensure road safety throughout the national territory;
- (j) To ensure protection of public gatherings at the request of those involved, on orders from the administrative authorities, or on their own initiative;
- (k) To ensure the missions of the judicial and administrative police;
- (l) To ensure protection of the courts and tribunals;
- (m) To deal with criminal cases of major importance, such as economic crimes and cases attributable to roving delinquents or groups organized at the national or international level;
- (n) To produce and make use of crime statistics;
- (o) To deal with the policing of immigration and emigration and the status of aliens;
- (p) To monitor the movements of aliens throughout the national territory;
- (q) To keep watch on the land, lake and air borders;
- (r) To issue travel documents and residence permits;
- (s) To ensure protection of the institutions.
3. Missions of the intelligence service
The missions of the intelligence service shall be:
- (a) To seek out, centralize and make use of all information likely to contribute to the protection of the State, its institutions and its interests at the international level, as well as to the prosperity of its economy;
- (b) To detect as early as possible activities aimed at creating insecurity and violence or at changing the institutions of the State by unlawful means;
- (c) To detect as early as possible recourse to the manipulation of ethnic or regionalist feelings as means of access to or retention of power;
- (d) To detect as early as possible any threat to the constitutional order, public safety, territorial integrity or national sovereignty;
- (e) To detect as early as possible any threat to the country’s ecological environment;
- (f) To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;
- (g) To detect malfunctions and cases of misappropriation of funds within the State services.
Article 13 - Structure of the defence and security forcesEdit
1. Structure of the national defence force
The transitional Government shall be responsible for deciding upon the structure of the national defence force.
2. Structure of the national police
- (a) The national police shall be coordinated within one Ministry, i.e., the one
responsible for public security.
- (b) Its structure shall be:
- (i) First level: Since the Ministry is responsible for public security, the head shall be a member of the Government;
- (ii) Second level: A national police headquarters responsible for coordinating all the police forces. It shall be headed by a director-general with administrative skills and knowledge of police techniques;
- (iii) Third level: Departments: each department shall represent a specialized area of police work.
This structure is illustrated in Annex II to the Agreement.
3. Structure of the intelligence service
The structure of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly, especially with regard to the budget. The intelligence service shall be placed under the responsibility of a member of government.
4. Command of the defence and security forces
Command posts shall be distributed on the basis of competence and merit while ensuring the necessary ethnic balances.
Article 14 - Composition of the defence and security forcesEdit
1. Composition of the national defence force
- (a) There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.
- (b) The national defence force shall include members of the Burundian armed forces and combatants of the political parties and movements in existence at the time of restructuring of the army, as well as other citizens who wish to enlist.
- (c) After the signature of the Agreement, the combatants of the political parties and movements, as well as the existing national defence force, shall be placed under the authority of the transitional Government.
- (d) A technical committee consisting of representatives of the Burundian armed forces and combatants of the political parties and movements, as well as of an external military advisory and training group, shall be established by decision of the transitional Government to implement the procedures for the establishment of the national defence force.
- (e) Members of the Burundian armed forces found guilty of acts of genocide, coups d’état, violation of the Constitution and human rights and war crimes shall be excluded from the national defence force. Combatants of the political parties and movements found guilty of the same offences shall also not be accepted into the national defence force.
- (f) Recruitment into the national defence force shall be conducted in a transparent manner, individually, voluntarily and on the basis of personal merit, physical fitness, moral and professional qualifications and potential.
- (g) For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d’état.
2. Composition of the national police
- (a) There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.
- (b) The national police shall include members of the current national police, combatants of the political parties and movements and other citizens who meet the requirements.
- (c) A technical committee comprising representatives of the existing police force and the political parties and movements and of external advisors and instructors on police issues shall be established by decision of the transitional Government to implement the procedures for the establishment of the national police.
- (d) All persons, including current members of the police force and combatants of the political parties and movements, found guilty of genocide, the coup d’état of 21 October 1993, human rights violations or war crimes shall be excluded from the national police.
- (e) Not more than 50% of the members of the national police shall be drawn from any one particular ethnic group, with a view to achieving the necessary balances and preventing acts of genocide or of coup d’état.
3. Composition of the intelligence service
The composition of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly.
Article 15 - Size of the defence and security forcesEdit
1. Size of the national defence force
- (a) The following criteria shall be used to determine the strength of the national defence force:
- (i) Potential internal and external threats;
- (ii) The economic and financial resources of the country;
- (iii) The budget allocated to the defence and security forces;
- (iv) The defence policy of the country.
- (b) The transitional Government, in consultation with the technical committee, shall determine the size of the national defence force.
2. Size of the national police
- (a) The following criteria shall be used to determine the strength of the national police:
- (i) Surface area of the country;
- (ii) Population;
- (iii) Population density;
- (iv) Urbanization level;
- (v) Economic resources;
- (vi) Crime level;
- (vii) Budgetary allocation.
- (b) The transitional Government, in consultation with the technical committee, shall determine the size of the national police.
3. Size of the intelligence service
The size of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly.
Article 16 - Balances within the defence and security forcesEdit
1. The following criteria shall be used to determine the imbalances in the defence and security forces:
- (a) Political;
- (b) Ethnic;
- (c) Regional;
- (d) Gender.
2. Correction of the imbalances in the defence and security forces shall be approached progressively in the spirit of reconciliation and trust in order to reassure all Burundians.
3. Correction of the imbalances shall be achieved during the transition period through the integration into the current defence and security forces of the combatants of the political parties and movements and through the recruitment of other Burundian citizens.
4. For purposes of rapid reduction of the command-level imbalances, accelerated training of commissioned and non-commissioned officers from among the combatants of the political parties and movements shall be conducted in Burundi and abroad as soon as the transition period commences.
Article 17 - RecruitmentEdit
1. Recruitment shall be conducted in accordance with the following criteria:
- (a) Transparency;
- (b) Voluntary service;
- (c) Age;
- (d) Personal record and level of training;
- (e) Medical tests of physical and intellectual aptitude.
2. Recruitment criteria based on educational level shall be determined by the transitional Government.
3. A national commission shall be assigned responsibility for selecting candidates for all levels of the national defence force and national police, taking care to ensure the necessary ethnic balance.
Article 18 - TrainingEdit
1. The defence and security forces shall have technical, moral and civic training. This training shall include the culture of peace, aspects of conduct relating to the democratic multi-party political system, human rights and humanitarian law.
2. Decentralization of the centres for training police constables, rank and file troops and non-commissioned officers shall be undertaken.
Article 19 - Organic laws, regulatory texts and disciplinary systemEdit
For the defence and security forces, organic laws, regulatory texts and disciplinary rules in conformity with the relevant provisions of the Agreement shall be adopted.
Article 20 - Names of the defence and security forcesEdit
1. The name of the defence force shall be decided upon by the transitional Government. 2. The name of the police shall be “National Police of Burundi”. 3. The name of the intelligence service shall be “General Intelligence Service”.
Article 21 - DemobilizationEdit
1. Demobilization shall begin after the signature of the Agreement in accordance with the implementation timetable (see Annex V).
2. To move from war to peace requires demobilization within the defence and security forces as well as for the combatants of the political parties and movements.
3. Demobilization shall involve both the members of the Burundian armed forces and the combatants of the political parties and movements.
4. Lists of people to be demobilized shall be compiled.
5. Members to be demobilized shall be provided with some form of appropriate identification.
6. Demobilization criteria and a demobilization package shall be drawn up.
7. The categories of people to be demobilized shall be:
- (a) Volunteers;
- (b) Those members who are handicapped or disabled;
- (c) Those who do not meet the age criteria;
- (d) Those whose discipline is such that they cannot be retained within the new defence and security forces;
- (e) Individuals whose educational level is such that they would not be able to undergo military or police training;
- (f) Members of the Burundian armed forces and combatants of the political parties and movements who will be rationalized to yield efficient and affordable defence and security forces.
8. An organ to deal with the socio-professional reintegration of demobilized troops shall be established.
9. A technical committee to work out the programme and modalities of demobilization shall be set up.
10. The international community shall be requested to assist in the process of demobilization.
11. Following the demobilization process, a certificate shall be issued to demobilized troops.
12. Each demobilized person shall receive a demobilization allowance.
Article 22 - Military or compulsory civic serviceEdit
The future institutions of the country shall examine the issue in the light of the needs of the time.
Article 23 - National, regional, and international environmentEdit
1. Peace in Burundi requires a favourable national, regional and international environment.
2. Burundian politicians shall undertake to respect the political neutrality of the defence and security forces.
3. After the signature of the Agreement, the armed signatories to the Agreement, politicians and political leaders, religious organizations and civil society shall be called upon to address to the Burundian population signals and messages of peace, reconciliation and national unity.
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.
5. The Parties undertake to contribute to the restoration of peace in the Great Lakes region.
Article 24 - Security partnersEdit
The security partners are:
- 1. The Government and the defence and security forces;
- 2. State institutions including local authorities;
- 3. The population, particularly through their support and cooperation in enforcing the laws;
- 4. The countries in the region;
- 5. The international community.
Chapter III - Permanent Ceasefire and Cessation of HostilitiesEdit
Definitions and general principles
Article 25 - DefinitionsEdit
1. Ceasefire means the cessation of:
- (a) All attacks by air, land and lake, as well as all acts of sabotage;
- (b) Attempts to occupy new ground positions and movements of troops and resources from one location to another;
- (c) All acts of violence against the civilian population – summary executions, torture, harassment, detention and persecution of civilians on the basis of ethnic origin, religious, beliefs and political affiliations, incitement of ethnic hatred, arming of civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilian population;
- (d) Supply of ammunitions and weaponry and other war-related stores to the field;
- (e) All hostile propaganda between the Parties, both within and outside the country;
- (f) Any other actions that may impede the normal evolution of the ceasefire
2. The cessation of hostilities shall involve:
- (a) Announcement of a cessation of hostilities 48 hours after the signing of
the ceasefire agreement, through command channels and print and electronic media;
- (b) Cessation of hostilities shall be regulated and monitored through the
committee to follow up, supervise, monitor and implement the Agreement (Implementation Monitoring Committee);
- (c) Release of all the political prisoners, closure of all the forced
regroupment camps and respect for civil and political rights and freedoms shall take place from the date of signature of the Agreement;
- (d) Cessation of hostilities brought about by emergency laws, political
imprisonment and arbitrary arrests shall take effect from the date of signature of the Agreement;
- (e) Cessation of defamatory, untruthful or ethnicist statements by the
media and publications shall take place from the date of signature of the Agreement.
3. The different types of hostilities are:
- (a) Political hostilities:
- (i) Verbal aggression and denigration;
- (ii) Political imprisonment;
- (iii) Forced regroupment camps;
- (iv) Violation of political rights and freedoms;
- (b) Military hostilities:
- (i) Armed clashes between the belligerents;
- (ii) Infiltration of armed groups from neighbouring countries;
- (iii) Attacks on the population by the belligerents.
4. The belligerents are:
- (a) The Government forces;
- (b) The combatants of the political parties and movements which signed the Declaration of 21 June 1998;
- (c) The combatants of political parties and movements operating within the country which did not sign the Declaration of 21 June 1998;
- (d) The political and ethnic militias operating within the country.
Article 26 - General principlesEdit
1. The following principles are agreed upon:
- (a) The provisions of article 25.1 (d) above shall not preclude the supply of food, clothing and medical support to forces in the field;
- (b) Freedom of movement of persons and goods throughout the country shall be guaranteed;
- (c) All persons detained or taken hostage on account of political belief or activities shall be released and given the latitude to relocate to anywhere within the country;
- (d) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;
- (e) The parties shall establish a Joint Commission for Peace and Security,
hereinafter referred to as the Ceasefire Commission, which shall be responsible for peace and security functions and shall work in close conjunction with a peacekeeping force following the entry into force of the Agreement;
- (f) The laying of mines of any type shall be prohibited, and all parties shall
be required to undertake to mark and signpost any danger areas to be identified to peacekeeping forces;
- (g) The forces in areas of direct contact shall proceed to an immediate disengagement;
- (h) Illicit trafficking of arms and the infiltration of armed groups shall be controlled with the collaboration of neighbouring countries;
- (i) The parties shall undertake to locate, identify, disarm, and assemble all armed groups in the country;
- (j) The parties shall ensure that armed groups operating under their command comply with the process;
- (k) Mechanisms for dismantling and disarming all militias and disarming civilians holding arms illegally shall be established;
- (l) Amnesty shall be granted to all combatants of the political parties and movements for crimes committed as a result of their involvement in the conflict, but not for acts of genocide, crimes against humanity or war crimes, or for their participation in coups d’état.
- (a) Disengagement shall mean the immediate breaking of contact between the opposing military forces of the Parties to the Agreement at places where they are in direct contact by the effective date and time of the ceasefire.
- (b) Immediate disengagement at the initiative of all military units shall be limited to the effective range of all weapons. Disengagement to put all weapons out of range shall be conducted under the guidance of the Ceasefire Commission established pursuant to article 27 below.
- (c) Where disengagement by a party is impossible or impractical, the Ceasefire Commission shall find an alternative solution to render the weapons safe.
Article 27 - Verification and supervisionEdit
1. Ceasefire Commission
- (a) The Ceasefire Commission shall consist of representatives of the Government, the combatants of the political parties and movements, the United Nations, the Organization of African Unity and the Regional Peace Initiative for Burundi.
- (b) The Ceasefire Commission shall be a decision-making body.
- (c) The Ceasefire Commission shall take its decisions by consensus.
- (d) The Ceasefire Commission shall be responsible, among other things, for:
- (i) Establishing the location of units at the time of the ceasefire;
- (ii) Establishing liaison between the parties for the purpose of the ceasefire;
- (iii) Finding appropriate solutions in the event of difficulty in disengagement;
- (iv) Conducting investigations of any ceasefire violations;
- (v) Verifying all information, data and activities relating to military forces of the parties;
- (vi) Verifying the disengagement of the military forces of the Parties where they are in direct contact;
- (vii) Monitoring the storage of arms, munitions equipment;
- (viii) Monitoring the quartering of troops and police;
- (ix) Undertaking the disarmament of all illegally armed civilians;
- (x) Undertaking mine clearance throughout the country.
- (e) The parties undertake to provide the Ceasefire Commission immediately with all relevant information on the organization, equipment and positions of their forces, on the understanding that such information shall be held in strict confidence.
2. Re-deployment of all troops to quartering centres
- (a) Following disengagement, all troops shall be re-deployed to quartering locations.
- (b) A map identifying the military quartering locations shall be made available to the Implementation Monitoring Committee.
- (c) Upon re-deployment, all forces shall provide relevant information to the
Ceasefire Commission on troop strength, movements and weapons they hold at each location.
- (d) All facilities customarily made available to soldiers, but which cannot be provided at the quartering locations, such as hospitals, logistics units and training facilities, shall be supervised by the Ceasefire Commission.
- (e) The Ceasefire Commission shall verify the reported data and information. All forces shall be restricted to the declared and recorded centres and all movements shall be subject to authorization by the Ceasefire Commission. All forces shall remain in the declared and recorded centres until the integration and demobilization process is completed.
- (f) Quartering shall be conducted in two stages:
- (i) The first stage shall cover the quartering of the current Government’s troops in their barracks;
- (ii) The second stage shall cover the quartering of the other negotiating armed parties’ troops at sites previously identified and prepared.
3. Maintenance of peace and security
- (a) In the context of the Agreement, the Ceasefire Commission shall be
responsible for the maintenance of peace and security.
- (b) Upon the entry into force of the Agreement, each Party shall agree with
the Ceasefire Commission appropriate security measures for:
- (i) Its leading members;
- (ii) The free movement of its members in Burundi;
- (c) All embassies of Burundi in neighbouring and other countries providing shelter for Burundian refugees and residents shall provide them with passports, identity papers and any other requisite documents to which all Burundian citizens are entitled;
- (d) Entry into Burundi through border posts shall be facilitated for the civilian and combatant members of the political parties and movements.
4. Peace and security functions
- (a) The peace and security functions of the Ceasefire Commission shall be:
- (i) To guarantee respect by all the parties for the definitive cessation of hostilities;
- (ii) To guarantee the peace and security of the people;
- (iii) To ensure the search for and recovery of all arms, the neutralization of militias throughout the country and the disarming of the civilian population;
- (iv) To ensure the security of institutions and high-ranking political figures;
- (v) To ensure the security of senior foreign personnel and experts;
- (vi) To ensure the demining of the whole country;
- (vii) To ensure the effective quartering of the defence and security forces, arms control, and respect for disciplinary rules within and outside the camps;
- (viii) To supervise the operations for resupplying the troops.
- (b) The expert functions shall be:
- (i) To assign the defence and security forces to their stations;
- (ii) To conduct the identification of sites for military camps in military zones located outside the towns;
- (iii) To supervise the operation for the demobilization of troops and
police not retained within the new defence and security forces.
5. International peacekeeping force
The mandate of the peacekeeping force referred to in article 8 of Protocol V to the Agreement shall be to verify implementation of the provisions contained in this Chapter. In addition to its verification function, the force may be requested by the Ceasefire Commission to provide assistance and support to the implementation process, as appropriate.
Article 28 - Ceasefire implementation timetableEdit
The ceasefire implementation timetable shall be determined by the Ceasefire Commission.
Protocol IV - Reconstruction and DevelopmentEdit
We, the Parties,
Having considered the issues relating to the overall problem of reconstruction and development, including those associated with rehabilitation and resettlement of the refugees and sinistrés, with physical and political reconstruction and with economic and social development,
Having identified the principles, guidelines and activities for the transitional institutions in dealing with these issues,
Having incorporated the essentials of our work, including the analysis of the origin of the specific problems and the principles, guidelines and activities required to remedy this problem, in a report of Committee IV which serves as a reference document for the present Protocol and is reproduced as Annex IV to the Agreement,
1. To support the rehabilitation and resettlement of the refugees and sinistrés by complying with the provisions of Chapter I of the present Protocol;
2. To work towards the country’s physical and political reconstruction in conformity with the principles and measures set out in Chapter II of the present Protocol;
3. To strive towards the economic and social development of Burundi by following the guidelines defined in Chapter III of the present Protocol.
Chapter I - Rehabilitation and Resettlement of Refugees and SinistresEdit
Article 1 - DefinitionsEdit
1. For the definition of the term “refugee”, reference is made to international conventions, including the 1951 Geneva Convention Relative to the Status of Refugees, the 1966 Protocol Relative to the Status of Refugees and the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa.
2. The term “sinistrés” designates all displaced, regrouped and dispersed persons and returnees.
Article 2 - Principles governing return, resettlement and reintegrationEdit
1. The Government of Burundi shall encourage the return of refugees and sinistrés and resettle and reintegrate them. It shall seek the support of other countries and international and non-governmental organizations in carrying out this responsibility.
2. It shall respect the following principles:
- (a) All Burundian refugees must be able to return to their country;
- (b) Refugees no longer in their first country of asylum are entitled to the same treatment as other returning Burundian refugees;
- (c) Return must be voluntary and must take place in dignity with guaranteed
security, and taking into account the particular vulnerability of women and children;
- (d) The reception mechanisms must be put in place in advance of the return;
- (e) Returnees must have their rights as citizens and their property restored to
them in accordance with the laws and regulations in force in Burundi after the entry into force of the Agreement;
- (f) All sinistrés wishing to do so must be able to return to their homes;
- (g) Specific conditions must be provided for sinistrés who believe that they can no longer return to their property, so as to enable them to return to normal socio-professional life;
- (h) In the return of the refugees and the resettlement and reintegration of the
returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.
Article 3 - Preparatory activitiesEdit
The Government shall undertake the following preparatory activities:
- (a) Establishing and constituting a National Commission for the Rehabilitation of Sinistrés (CNRS), which shall have the mandate of organizing and coordinating, together with international organizations and countries of asylum, the return of refugees and sinistrés, assisting in their resettlement and reintegration, and dealing with all the other issues listed in the report of Committee IV. To this end, it shall draw up a plan of priorities. The members of the CNRS shall be drawn inter alia from the participating parties and the Government of Burundi, and shall elect the Commission’s chairperson;
- (b) Establishing and constituting a Sub-Commission of the CNRS with the specific mandate of dealing with issues related to land as set out in article 8 (j) of the present Protocol;
- (c) Convening, in collaboration with the countries of asylum and the Office of the United Nations High Commissioner for Refugees, the Tripartite Commissioner, involving in it representatives of the refugees and international observers;
- (d) Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972);
- (e) Conducting a multi-dimensional census of the sinistrés;
- (f) Organizing information and awareness campaigns for refugees and sinistrés as well as visits to their places of origin;
- (g) Undertaking information and awareness campaigns on the mechanisms for peaceful coexistence and return to collines of origin;
- (h) Setting up reception committees where they do not yet exist. The role of these committees shall be to receive and provide support services for all the sinistrés returning to their homes, ensure their security and assist them in organizing their socio-economic reintegration.
Article 4 - Guidelines governing resettlement and integrationEdit
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
- (a) To ensure the socio-economic and administrative reintegration of the sinistrés;
- (b) To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
- (c) To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;
- (d) To settle all those who believe that they cannot yet return on sites close to home, in order to enable them to go and till their fields initially and return to their land later on;
- (e) To encourage, to the extent possible, grouped housing in the reconstruction policy in order to free cultivable land;
- (f) To ensure equity in the distribution of resources between the ethnic groups on the one hand and the provinces on the other, and to avoid overlap between the various parties involved;
- (g) To promote the participation of the population in the resettlement activities;
- (h) To help returnees to recover the property and bank accounts left in Burundi before their exile and whose existence has been duly proven;
- (i) To offer intensive language courses for returnees to mitigate the language problems;
- (j) To assist returnees in other areas such as medical services, psycho-social support, social security and retirement, education of children and the equivalency of diplomas awarded outside Burundi.
Article 5 - Actions with regard to returnees in their country of asylumEdit
The Government shall undertake the following actions with regard to returnees in their country of asylum:
- (a) Helping returnees settle their disputes in their country of asylum relating notably to immovable property, bank accounts, social security, etc;
- (b) In the context of agreements between countries or social security institutions, helping those who were employed in the country of asylum receive social security benefits to which they are entitled in respect of such employment;
- (c) Studying ways of indemnifying and compensating returnees for property in the country of asylum they are unable to take with them, profit from or sell;
- (d) Assisting pupils and students in their two final years of study in primary, secondary and higher education wishing to complete their studies in the country of asylum.
Article 6 - Other actionsEdit
Any other action decided upon by the CNRS in accordance with the priority plan and in the light of available resources may be taken.
Article 7 - Access and safety of international personnelEdit
The Government shall allow international organizations and international and local non-governmental organizations unrestricted access to returnees and other sinistrés for purposes of the delivery of humanitarian assistance. It must guarantee the safety of the staff of such organizations and must also facilitate the provision of short-term aid for repatriation, appropriately supervised and without discrimination.
Article 8 - Issues relating to land and other propertyEdit
To resolve all issues relating to land and other property, the following principles and mechanisms shall be applied:
- (a) Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law, which shall also set out the basis of compensation;
- (b) All refugees and/or sinistrés must be able to recover their property, especially their land;
- (c) If recovery proves impossible, everyone with an entitlement must receive fair compensation and/or indemnification;
- (d) Refugees who do not return may receive a just and equitable indemnification if their land had been expropriated without prior indemnification and in contravention of the principle set out in sub-paragraph (a) of the present article;
- (e) The policy with respect to distribution of State-owned land shall be reviewed so that priority can be given to the resettlement of sinistrés;
- (f) An inventory of destroyed urban property shall be drawn up with a view to making it habitable in order to redistribute it or return it as a priority to the original owners;
- (g) A series of measures shall be taken in order to avoid subsequent disputes over land, including the establishment of a register of rural land, the promulgation of a law on succession and, in the longer term, the conduct of a cadastral survey of rural land;
- (h) The policy of distribution or allocation of new lands shall take account of the need for environmental protection and management of the country’s water system through protection of forests;
- (i) Burundi’s Land Act must be revised in order to adjust it to the current problems with respect to land management;
- (j) The Sub-Commission on Land established in accordance with article 3 (b) of the present Protocol shall have the specific mandate of:
- (i) Examining all cases of land owned by old caseload refugees and state-owned land;
- (ii) Examining disputed issues and allegations of abuse in the (re)distribution of land and ruling on each case in accordance with the above principles;
- (k) The Sub-Commission on Land must, in the performance of its functions,
ensure the equity, transparency and good sense of all its decisions. It must always remain aware of the fact that the objective is not only restoration of their property to returnees, but also reconciliation between the groups as well as peace in the country.
Article 9 - National Fund for SinistrésEdit
A National Fund for Sinistrés shall be established, and shall derive its funding from the national budget and from grants by bilateral and multilateral aid agencies or assistance from non-governmental organizations.
Article 10 - Vulnerable groupsEdit
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.
Chapter II - Physical and Political ReconstructionEdit
Article 11 - Reconstruction programmeEdit
1. The transitional Government shall initiate and finance, with the support of the international community, a programme of physical and political reconstruction that takes a comprehensive approach incorporating rehabilitation, peace-building, promotion of the rights and freedoms of the human person, economic growth and long-term development.
2. The reconstruction programme shall be conducted and carried out in accordance with a realistic timetable that takes account of local capabilities and external inputs. The programme must be designed with a view to equity so that all categories of the population may benefit from it.
Article 12 - Physical reconstructionEdit
Physical reconstruction aims at assisting in the return of the refugees and sinistrés, as well as at the rebuilding of destroyed physical property. Physical reconstruction shall be conducted, transparently and equitably, in such a way as to:
- (a) Take into account both those who are being resettled or reintegrated and the communities receiving them;
- (b) Contribute to correcting the imbalances relating to public infrastructures, including school infrastructures;
- (c) Solve the problems relating to the repayment of loans that some Burundians had borrowed from banks and financial institutions for which the object financed has been destroyed;
- (d) Ensure sound management of rebuilt infrastructures;
- (e) Make use of human capital as an essential element of reconstruction;
- (f) Create conditions conducive to reconstruction and the reactivation of
- (g) Enhance the intervention capacity of the communes;
- (h) Draw on national solidarity.
Article 13 - Political reconstructionEdit
Physical reconstruction and political reconstruction must be mutually supportive. Political reconstruction is aimed at making national reconciliation and peaceful coexistence possible, and must be directed towards the establishment of the rule of law. In this context, the following programmes and measures shall be undertaken:
- (a) Launching of a multi-faceted national reconciliation programme;
- (b) Promotion of the rights and freedoms of the human person;
- (c) Education of the population in the culture of peace;
- (d) Initiation of tangible actions for the advancement of women;
- (e) Reform of the judicial system;
- (f) Support of democratization, including strengthening of the parliamentary system and support for the political party system;
- (g) Support for the development and strengthening of civil society;
- (h) Provision of support for independent media.
Chapter III - Economic and Social DevelopmentEdit
Article 14 - Development programmeEdit
The transitional Government shall launch a long-term economic and social development programme. With the support of international agencies, it shall begin work on remedying the economic situation, reversing the trends resulting from the crisis, particularly the intensification of poverty, and taking up the challenges that impede economic development.
Article 15 - Principal objectivesEdit
The Government shall endeavour to correct the imbalances in distribution of the country’s limited resources and to embark on the path of sustainable growth with equity. It shall set itself the following principal objectives:
- (a) Increasing rural and urban household income;
- (b) Providing all children with primary and secondary education at least to the age of 16;
- (c) Reducing the infant mortality rate by at least half;
- (d) Giving the entire population access to health care;
- (e) Improving the well-being of the population in all areas.
Article 16 - Guidelines governing developmentEdit
In pursuit of these objectives, the Government shall follow the guidelines set out hereunder on the basis of the measures specified in the report of Committee IV (see Annex IV):
- (a) Working towards macro-economic and financial stabilization;
- (b) Attempting to solve the problem of external and domestic public debt;
- (c) Initiation of structural reforms in the social sectors;
- (d) Creation of an environment conducive to the expansion of the private sector;
- (e) Efforts to create new jobs and compliance with the criteria of equity and
transparency in employment;
- (f) Ensuring good governance in the management of public affairs;
- (g) Rendering operational the Court of Audit established under the provisions of Chapter I of Protocol II to the Agreement;
- (h) Transformation of the communes into focal points for development and
promotion of greater public access to State services by means of a decentralization policy;
- (i) Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;
- (j) Initiation of Burundi’s integration into the region;
- (k) Equitable apportionment of the benefits of development.
Article 17 - ImplementationEdit
1. For the implementation of the reconstruction and development measures, an Inter-Ministerial Reconstruction and Development Unit shall be created to which the Ministries of Planning, Finance and Reintegration shall second personnel. Support for this Unit shall be sought from the World Bank, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees, the European Commission and others. It shall have the following mandate:
- (a) Preparation, within six weeks of the signing of the peace agreement, of an emergency reconstruction plan that will set the priorities for reconstruction and provide an initial estimate of costs. In preparing this plan, the National Commission for the Rehabilitation of Sinistrés shall be consulted and invited to submit proposals. This emergency plan shall also serve as the basis for discussion at a donor conference;
- (b) Subsequently, preparation of a detailed reconstruction plan covering the transition period as set forth in Chapter II of Protocol II to the Agreement;
- (c) At the same time, preparation of a medium- and long-term development plan.
2. The three plans shall be submitted to the National Assembly for approval. They will be guided by the measures proposed by Committee IV (see Annex IV, chapters II and III) while adapting the priorities in response to developments in the situation and bearing in mind opportunities for financing.
3. Donors will be involved in the work of the Unit, and may request an international auditing company to monitor all financial operations and accounts that may be established.
Protocol V - Guarantees on Implementation of the AgreementEdit
We, the Parties,
Aware of the importance of guarantees in any peace process, and particularly in the implementation of peace agreements,
Having learned the lessons from the failure of previous agreements in Burundi,
Desirous that peace and reconciliation should be based on an agreement that is clear, precise, specific, unequivocal, comprehensive and implementable in Burundi in accordance with the implementation timetable contained in Annex V to the Agreement,
Having expressed a solemn commitment to assume joint responsibility for the content of the Agreement,
Concerned also about the negative impact of the conflict on Burundian women and children,
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,
Aware that the Burundian people is the focus and beneficiary of the Agreement concluded in its name,
Confident of the will and ability of Burundians to restore peace and harmony in their country, with the support of the international community,
Resolved to ensure the effective implementation of the Agreement,
Have agreed as follows:
Acceptance and support of the Agreement by the Burundian people All the Parties commit themselves to undertake a broad campaign to inform and sensitize the population about the content, spirit and letter of the Agreement.
Article 2 - Transitional institutionsEdit
1. The transitional institutions shall be established and operate in accordance with the relevant provisions of Chapter II of Protocol II to the Agreement.
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
3. The duration of the transition period shall be as specified in article 13 of Protocol II to the Agreement.
Article 3 - Implementation Monitoring CommitteeEdit
A committee to follow up, monitor, supervise and coordinate the implementation of the Agreement, hereinafter referred to as the Implementation Monitoring Committee, shall be established.
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
- (a) Follow up, monitor, supervise, coordinate and ensure the effective implementation of all the provisions of the Agreement;
- (b) Ensure that the implementation timetable is respected;
- (c) Ensure the accurate interpretation of the Agreement;
- (d) Reconcile points of view;
- (e) Arbitrate and rule on any dispute that may arise among the signatories;
- (f) Give guidance to and coordinate the activities of all the commissions and sub-commissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
- - The Technical Committee to implement the procedures for the establishment of a national defence force;
- - The Technical Committee to implement the procedures for the establishment of the national police;
- - The Ceasefire Commission;
- - The Reintegration Commission;
- - The National Commission for the Rehabilitation of Sinistrés;
- (g) Assist and support the transitional government in the diplomatic mobilization of the financial, material, technical and human resources required for the implementation of the Agreement;
- (h) Decide on the admission of new participating parties in accordance with article 14 of Protocol II to the Agreement;
- (i) Perform any other duty specifically allocated to it by the Agreement.
2. Composition and structure of the Implementation Monitoring Committee
- (a) The Implementation Monitoring Committee shall have the following composition:
- (i) Two representatives of the Parties;
- (ii) One representatives of the Government;
- (iii) Six Burundians designated for their moral integrity;
- (iv) Representatives of :
- - The United Nations;
- - The Organization of African Unity;
- - The regional Peace Initiative on Burundi;
- (b) The Implementation Monitoring Committee shall be chaired by the representative of the United Nations, who shall act in consultation with the Government, the Organization of African Unity and the Regional Peace Initiative on Burundi;
- (c) The Implementation Monitoring Committee shall be based in Bujumbura and shall have an Executive Council, to which it may delegate such of its powers as it deems appropriate;
- (d) There shall be a secretariat to service the Implementation Monitoring Committee and the Executive Council.
3. Functioning and powers of the Implementation Monitoring Committee
- (a) The Implementation Monitoring Committee shall begin its operations upon the appointment of its chairperson, and its mandate shall end when the Government elected during the transition period takes office. It shall draw up its own rules of procedure and work programme.
- (b) The Implementation Monitoring Committee shall possess the requisite authority and decision-making powers to perform its functions impartially, neutrally and effectively.
- (c) Decisions of the Implementation Monitoring Committee shall be taken by the Parties, by consensus or failing that by a four-fifths majority.
Article 4 - The FacilitatorEdit
The Facilitator shall continue in his role as moral guarantor, recourse authority and conciliation agent.
Article 5 - CommissionsEdit
1. The Implementation Monitoring Committee, in collaboration with the Government, shall establish commissions and sub-commissions responsible for sectoral activities as provided for in paragraph 1 (g) of article 3. Their activities shall be coordinated by the Implementation Monitoring Committee, to which they shall report.
2. The Implementation Monitoring Committee shall, when setting up commissions and subcommissions, specify their composition, functions, structures, location, decision-making process and leadership, as well as the timetable for the completion of their activities.
3. International Judicial Commission of Inquiry
- (a) The transitional Government shall address the request referred to in article 6, paragraph 10, of Protocol I to the Agreement to the United Nations Security Council within 30 days from its installation.
- (b) International criminal tribunal
- The Government of Burundi shall address the request referred to in article 6, paragraph 11, of Protocol I to the Agreement to the United Nations Security Council within 15 days after publication of the report of the International Judicial Commission of Inquiry.
4. National Truth and Reconciliation Commission
The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office.
The Commission shall begin work within 15 days after its establishment.
5. Technical Committee to implement the procedures for the establishment of a national defence force
- (a) The establishment of the national defence force, its name, its strength, its training, its conditions of service and its functioning shall be as defined in the relevant provisions of Chapter II of Protocol III to the Agreement and in organic laws, regulatory texts and disciplinary rules adopted pursuant to article 11, paragraph 5, and article 19 of that Protocol.
- (b) The organic laws, regulatory texts and disciplinary rules referred to above shall be adopted by the appropriate transitional institutions within 30 days from the adoption of the Constitution.
- (c) The Technical Committee to implement the procedures for the establishment of a national defence force referred to in article 14, paragraph 1 (d) of Protocol III to the Agreement shall be constituted within 15 to 30 days after the adoption of the texts referred to in paragraph (b) above. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
6. Technical Committee to implement the procedures for the establishment of the national police
- (a) The creation, name, missions, composition, strength, training, conditions of service and functioning of the national police shall be as defined in the relevant provisions of article 14, paragraph 2, article 15, article 17, paragraph 3, and article 20 of Protocol III to the Agreement.
- (b) The Technical Committee to implement the procedures for the establishment of the national police set up pursuant to the provisions of article 14, paragraph 2 (c) of that Protocol shall be constituted within 15 to 30 days from the date when the transitional Government takes office. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
7. Ceasefire Commission
- (a) The ceasefire, as defined in article 25 of Protocol III to the Agreement, shall take place on the date of signature of the Agreement.
- (b) The Ceasefire Commission provided for in article 27, paragraph 1 of Protocol III to the Agreement shall be established by the Implementation Monitoring Committee on the day the Committee starts its activities. It shall begin its work upon the appointment of its chairperson.
- (c) In conformity with article 27, paragraph 1 of Protocol III, the Ceasefire Commission shall consist of representatives of the Government, the combatants of the political parties and movements, the United Nations, the Organization of African Unity and the Regional Peace Initiative for Burundi.
- (d) The Ceasefire Commission may establish offices in the military regions of the country, as well as in the quartering locations and at other points as its functions may require.
- (e) The functions of the Ceasefire Commission shall be as defined in article 21, article 27, paragraphs 1(d), 2, 3 and 4 and article 28 of Protocol III of the Agreement.
- (f) The operations consisting of the ceasefire, disengagement, quartering and demobilization of the forces shall be completed within six months from the commencement of the activities of the Ceasefire Commission.
- (g) Deployment and operations of the international peacekeeping force provided for in article 27, paragraph 5 of Protocol III to the Agreement shall commence as soon as possible after the establishment of the Ceasefire Commission. They shall be conducted in coordination and cooperation with the Ceasefire Commission.
- (h) In performing their duties, the members of the Ceasefire Commission as well as those of the international peacekeeping and security force shall enjoy complete freedom of movement throughout the territory of Burundi.
- (i) The amnesty provided for in article 26(l) of Protocol III to the Agreement shall go into effect on the date of signature of the Agreement.
8. Reintegration Commission
- (a) The organ provided for in article 21, paragraph 8 of Protocol III to the Agreement, hereinafter referred to as the Reintegration Commission shall have the role of organizing, supervising, monitoring and ensuring the effective economic and social reintegration of the troops and combatants who, as a result of the demobilization process carried out in conformity with article 21 of Protocol III to the Agreement, have become civilians.
- (b) The Reintegration Commission shall consist of representatives of the Government, the United Nations and the Organization of African Unity. It shall be chaired by the Government.
- (c) The Reintegration Commission shall commence its activities on the day of its establishment. These activities must be completed before the commencement of the electoral process.
9. National Commission for the Rehabilitation of Sinistrés
The organ provided for in article 3, paragraph (a) of Protocol IV to the Agreement, shall be constituted within 30 days after the signature of the Agreement. It shall begin its work upon the election of its chairperson and shall report to the Implementation Monitoring Committee. It shall be based in Bujumbura. It shall be in place until the end of the transition period.
Article 6 - Genocide, war crimes and other crimes against humanityEdit
The Implementation Monitoring Committee shall ensure implementation of the measures specified in Protocol I to the Agreement relating to the prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity.
Article 7 - Role of the international communityEdit
1. The involvement of the international community in the implementation of the Agreement is necessary, both as a moral and diplomatic guarantee and as a provider of technical, material and financial assistance.
2. In this respect, the Burundian Government shall immediately following the signature of the Agreement send formal requests to the countries and organizations agreed upon by the Parties inviting them to participate in and render their financial, technical and material support to the implementation of the Agreement as provided for in the relevant provisions of the present Protocol and of Protocols I, II, III and IV.
Article 8 - PeacekeepingEdit
Immediately following the signature of the Agreement, the Burundian Government shall submit to the United Nations a request for an international peacekeeping force in conformity with and for the purposes set forth in article 27, paragraph 5 of Protocol III to the Agreement. Account must be taken of United Nations practice in this respect. This force shall be responsible inter alia for:
- (a) Ensuring respect for the ceasefire;
- (b) Supervising integration;
- (c) Providing technical support for demobilization aid and training;
- (d) Ensuring protection of the institutions and of any public figure who so wishes;
- (e) Assisting in the establishment and training of an ethnically balanced special unit for the protection of the institutions.
Article 9 - Financial guaranteesEdit
Implementation of all the reforms and programmes contained in the Agreement will require financial support from donors. In this context, the Facilitator, in coordination with the Implementation Monitoring Committee and the transitional Government, shall take the necessary steps for a donors’ conference to be convened to raise funds for the reconstruction of Burundi.
Article 10 - Role of the regionEdit
1. The Parties urge the heads of State of the countries of the region to continue to provide their support for the peace process in Burundi.
2. The heads of State of the region shall also constitute guarantors of the Agreement.