Arusha Peace and Reconciliation Agreement for Burundi

  • 78%
  • Implementation Score 
    after 10 years
Provisions in this Accord
Cease Fire

Protocol III, Chapter III: Article 25: Definitions

1. Ceasefire means the cessation of:

1) All attacks by air, land and lake, as well as all acts of sabotage;

2) Attempts to occupy new ground positions and movements of troops and resources from one location to another;

Implementation History
2003

Full Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the ceasefire provision did begin.

No serious violations were reported between the Government and the 16 armed movement or political parties that signed the accord in August 2000.1 Three Tutsi political parties - Independent Workers' Party, National Alliance for Rights and Development, and Rally for Democracy and Economic and Social Development- became part of the agreement on 20 September 2000.2 CNDD-FDD and Palipehutu-FNL did not sign the accord. On 2 December 2002, CNDD-FDD the largest Hutu party signed a ceasefire agreement with the transitional government.  

In 2003, no serious violations were reported between the Government and the 16 armed movement or political parties that signed the accord.

  • 1. "Burundi; Burundi Peace Accord Signatories Gather In Arusha," Africa News, September 25, 2000.
  • 2. "Burundi; Three Tutsi Parties To Sign Arusha Accord On 20 September," Africa News, September 15, 2000.
2004

Full Implementation

No violations of the ceasefire reported in 2004. Military operations had ceased throughout the country aside from some violence between the government and the FNL.3 There was an allegation from Palipehutu-FNL, who did not sign ceasefire accord of ceasefire, of the violation of ceasefire from Forces for the Defense of Burundi and former Hutu rebels.4 On 21 May 2004, the Security Council adopted recommendations of the Secretary General by adopting a resolution 1545 (2004). In its resolution, the Security Council established the United Nations Operation in Burundi (ONBU) and authorized 5,650 military personnel, 200 military observers, 125 headquarters and staff officers. And as of 1 June 2004, the African Mission in Burundi troops from Ethiopia, Mozambique and South Africa, and 29 military observers from Burkina Faso, Gabon, Mali, Togo and Tunisia became ONBU troops. As of November 2004, there were 5,259 ONBU troops deployed in Burundi.5

  • 3. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2004/210), March 16, 2004.
  • 4. "Last Burundi rebels accuse army of breaking UN ceasefire accord," Agence France Presse, August 2, 2004.
  • 5. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/902), November 15, 2004; "Burundi; UN Mission Replaces Sections of South African Peacekeepers," Africa News, October 25, 2004.
2005

Full Implementation

No ceasefire violations occurred in 2005 among the signatories to the accord. On 15 May 2005, National Liberation Forces (FNL) leader Agathon Rwasa and Burundi President Domitien Ndayizeye signed an agreement and called for an immediate cessation of hostilities. The FNL was one of two remaining factions that did not sign the accord. 

2006

Full Implementation

On 7 September 2006, the last rebel group, Paliphehutu-FNL, signed a ceasefire agreement with the government.6 After the signing of a ceasefire agreement, the FNL was asked to attend the joint mechanism for verification and control of the ceasefire.7 

  • 6. "Burundi; Nqakula Seeks to Implement Ceasefire Agreement," Africa News, September 18, 2006.
  • 7. "Burundi: Ambassador calls on rebels to attend cease-fire body's meetings," BBC Monitoring Africa, October 12, 2006.
2007

Full Implementation

No serious violations were reported between the Government and the 18 groups that signed the accord.

2008

Full Implementation

The ceasefire generally held among the signatories to the accord. Violations did take place with the FNL in 2008, but negotiations between the FNL and the government were successfull. The ceasefire was restored and an agreement was signed on December 4 in which the Burundian government agreed to give 33 positions to FNL leaders in the government.8

  • 8. "Burundi government, rebels agree on cease-fire implementation," BBC Monitoring Africa, December 4, 2008.
2009

Full Implementation

No serious violations were reported. 

2010

Full Implementation

No serious violations were reported. 

2011

Full Implementation

No serious violations were reported. 

2012

Full Implementation

No serious violations were reported. 

Powersharing Transitional Government

Protocol II, Chapter II: Article 15: Transitional Institutions

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.

Implementation History
2003

Full Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the powersharing provision began. After  the Arusha accord, all sides reached an agreement to accept the leadership of Pierre Buyoya from Union from the National Progress Party (UPRONA) for the initial 18 months of transitional period with Domitien Ndayizeye from Front for Democracy in Burundi (FRODEBU) as the vice president. After 18 months, Domitien Ndayizeye would become a president and a new Vice-President will be designated by the G-10 group (the Tutsis).1 This decision was made in a regional summit of Implementation Monitoring Committee held in in Lusaka, Zambia on 23 July 2001.2 The transitional government was formally inaugurated on 1 November 2001.3 Out of 26 cabinet portfolios, the Hutu groups got 14 ministries and the Tutsi groups got 12 ministries.4

The Pretoria Protocol I (8 October 2003), however, gives the CNDD-FDD positions in the transitional executive and the legislative branch of the government. The CNDD-FDD had rejected the ceasefire negotiations and was not sharing power in the transitional government. The CNDD-FDD was granted four ministries, 15 seats in the National Assembly, three governorships, two ambassador posts, 30 positions in local council administrators, and 20 percent directorate positions in public enterprises.5 The CNDD-FDD formally joined the government on 23 November 2003 when a new 27-member cabinet was announced.6

  • 1. "Secretary General’s Report to the Security Council," The United Nations Security Council  (S/2001/1076),  November 14, 2001.
  • 2. "Burundi; Regional Summit Approves Transitional Leadership," Africa News, July  23, 2001.
  • 3. "BURUNDI: New government inaugurated, dawn of a new era," Irin News, accessed on February 15, 2013, http://www.irinnews.org/fr/node/196978.
  • 4. Ibid.
  • 5. "Secretary General’s Report to the Security Council,"  United Nations Secuity Council  (S/2003/1146), December 4, 2003.
  • 6. Ibid.
2004

Full Implementation

No developments observed this year. 

2005

Full Implementation

The transitional government was in power until the elections were held on 19 August 2005. In the elections, the CNDD-FDD leader Pierre Nkurunziza was elected and the inauguration of his term took place on 26 August.

2006

Full Implementation

No further developments observed. 

2007

Full Implementation

No further developments observed. 

2008

Full Implementation

No further developments observed. 

2009

Full Implementation

No further developments observed. 

2010

Full Implementation

No further developments observed. 

2008

Full Implementation

No further developments observed. 

2009

Full Implementation

No further developments observed. 

2010

Full Implementation

No further developments observed. 

2011

Full Implementation

No further developments observed. 

2012

Full Implementation

No further developments observed. 

Executive Branch Reform

Protocol II, Chapter I, Article 7: The Executive

Implementation History
2003

Intermediate Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the executive branch reform provision began. 

The Arusha accord provided for the directly elected president except for the transitional president who would be indirectly elected. President now can serve two five years terms. Agreement also provided for two vice presidents approved separately in the assembly and the senate by a majority of their members. The accords provide one ministerial position to the party or coalition that secured more than one-twentieth of the vote. In Arusha accord, parties also agreed to establish an independent Ombudsperson to hear complaints and conduct inquiries relating to mismanagement and infringements of citizens' rights committed by members of the public administration and the judiciary. The Ombudsperson was to be appointed by the National assembly with ¾ majority and is responsible to report to the assembly and senate annually.

On 1 November 2001, interim President Pierre Buyoya from Union from National Progress Party(UPRONA) was inaugurated for the initial 18 months of transitional period with Domitien Ndayizeye from Front for Democracy in Burundi (FRODEBU) as the vice president.1 

On 30 April 2003, Domitien Ndayizeye became interim president (Tutsi).2

2004

Intermediate Implementation

No developments observed this year. 

2005

Intermediate Implementation

The interim presidency continued until the presidential elections on 19 August 2005. As specified in the accord, Burundi’s lawmakers choose Pierre Nkurunziza, a former Hutu rebel leader as Burundi’s new president for five years.3  It was an indirect elections. On 29 August 2005, Burundi’s parliament approved Dr. Martin Nduwimana, first vice-president and Mrs. Alice Nzomukunda, second vice-president with unanimous vote. The first vice president was responsible for political and administrative affairs and the second vice president was in charge of social and economic affairs.4 On 30 August 2005, a 20-member cabinet including seven women cabinet members was formed. In the new cabinet, 60% were Hutu and 40% were Tutsi.5

As of 2005, the legislature did not pass the law for the office of the Ombudsme.6

  • 3. "Timeline Burundi."
  • 4. "Burundi parliament approves two vice-presidents," BBC Monitoring Africa, August 19, 2005.
  • 5. "Burundi president forms government," Agence France Presse, August 30, 2005.
  • 6. "Burundi president marks second anniversary in power with address; overview," BBC Monitoring Africa, August 27, 2007.
2006

Intermediate Implementation

The reforms to the executive branch of the government called for the direct election of the president and the creation of an ombudsmen. Both of these developments have yet to take place.  

2007

Intermediate Implementation

No developments observed this year. 

2008

Intermediate Implementation

No developments observed this year. 

2009

Intermediate Implementation

On 11 November 2009, the senate of Burundi approved a bill on the creation, structure and duties of an ombudsman office.6 The ombudsman, however, was not appointed in 2009.

  • 6. "Burundi senators ratify creation of ombudsman's office," BBC Monitoring Africa, November 11, 2009.
2010

Full Implementation

On 25 January 2010, the Office of the Ombudsman was created and the parliament elected Mohamed Rukara, a CNDD-FDD member as the first ombudsman. For his affiliation with political party, there was concern of him being independent and neutral as envisaged in the Arusha agreement and the constitution.7

As agreed in the Arusha accord, the presidential elections took place on 28 June 2010 in which Pierre Nkurunziza, a CNDD-FDD candidate received more than 91% of votes in the direct election.8 On 26 August, the reelected president was sworn in for his second term. A new cabinet was announced on 31 August in which 14 out of the 21 ministers were associated with the ruling party. In new cabinet 9 members were women. Because the constitution does not require political affiliation for 40% share of Tutsi in the cabinet, the new cabinet meets the constitutional requirement of 60% Hutu and 40% Tutsi power-sharing provisions.9

2011

Full Implementation

With the direct election of president in 2010, the executive branch reforms were complete. 

2012

Full Implementation

No further developments observed. 

Constitutional Reform

Protocol I, Chapter II:

Preamble:

Implementation History
2003

Intermediate Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the constitutional reform provision began. 

An interim constitution was adopted in 2001 for the transitional period until 2005. During debate on the draft constitution, Tutsi lawmakers boycotted constitutional meetings on issues related to power-sharing provisions in the accord.1

  • 1. "Burundi's Tutsi lawmakers boycott constitution meeting," Agence France Presse, September 4, 2004.
2004

Intermediate Implementation

On 17 September 2004, the Burundian parliament approved the draft constitution.2 The parliament-approved constitution was approved in referendum that took place on 28 February 2005 in which 92.02% voters approved the new constitution.3

2005

Full Implementation

After approval in the referendum, President Domitien Ndayizeye ratified the constitution on 19 March 2005.4 The constitution came into effect immediately.

  • 4. "Burundi constitution becomes law as country continues to heal wounds," Agence France Presse,  March 19, 2005."
2006

Full Implementation

New democratic constitution based on a power sharing formula between the Hutus and Tutsis came into effect in March 2005.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed. 

Electoral/Political Party Reform

Protocol I, Chapter II: Article 5:

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.

Implementation History
2003

No Implementation

The Arusha accord called for the establishment of a multiparty political system for Burundi in which political parties can organize freely and form coalitions. To gurantee free and fair elections, the accord called for the establishment of an Independent National Electoral Commission.  

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, no developments were observed concerning electoral/political party reform. 

2004

Intermediate Implementation

The National Independent Electoral Commission was established by parliament on 31 August 2004 with Paul Ngarambe as its chairman.1 

  • 1. "United Nations Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/902), November 15, 2004.
2005

Full Implementation

After constitutional approval in a referendum on 25 February, the transitional national assembly approved new electoral legislation on 12 March 2005.2 The draft bill was approved by the senate on 13 April 2005.3 The parliamentary elections and senate elections were held in July and the presidential election was held in August of 2005.4 

  • 2. "Election 2005: Legislative Poll on Track as Parliament Approves New Electoral Laws in Burundi," World Markets Analysis, March 14, 2005.
  • 3. "Upper Chamber Endorses New Electoral Laws in Burundi," World Market Analysis, March 14, 2005.
  • 4. "Burundi; Elections Calendar Issued," Africa News, April 25, 2005.
2006

Full Implementation

No further developments observed. 

2007

Full Implementation

No further developments observed. 

2008

Full Implementation

No further developments observed. 

2009

Full Implementation

No further developments observed. 

2010

Full Implementation

No further developments observed. 

2011

Full Implementation

No further developments observed. 

2012

Full Implementation

No further developments observed. 

Civil Administration Reform

Protocol II, Chapter I: Article 10: The administration

1. The administration shall function in accordance with the democratic values and principles enshrined in the Constitution, and with the law.

Implementation History
2003

Minimum Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of civil administration reforms began. The accord called for reforms to de-politicize the civil service, reduce corruption, and increase competence. The government conducted a census of public servants throughout the country in 2001. In the result published in February 2002, there were 40,642 people employed by the civil service, but the Civil Service Ministry had been sending paychecks to 41,642 people. Around 1000 people who had been getting paid were unaccounted for.1 In July 2002, the parliament adopted new legislation allowing trade unions for civil servants.2 No initiatives were taken to achieve a balance of ethnic groups in the civil service.

  • 1. "Burundi: Census shows 1,007 ghost civil servants employed," BBC Summary of World Broadcasts, March 8, 2002.
  • 2. "Burundi: Parliament adopts draft law on civil service trade unions," BBC Summary of World Broadcasts, July 5, 2002.
2004

Minimum Implementation

It was reported that ethnic Tutsis, who had applied for jobs in customs, were taken out of the applicant pool. The director-general of the Civil Service defended the move by suggesting that the Arusha accord sought to bring ethnic balance to the civil service.3 

  • 3. "Civil service head reportedly rejects ethnic Tutsi job applicants" BBC Sumary of World Broadcasts, January 24, 2004.
2005

Minimum Implementation

At the close of 2005, the legislature had not established an independent Ombudsmen office for civil service employees as called for in the accord.4 

  • 4. "Burundi president marks second anniversary in power with address; overview," BBC Monitoring Africa, August 27, 2007.
2006

Minimum Implementation

On 26 May 2006, the government enacted Law no. 1/28 in an effort to reduce corruption in the civil service.5

  • 5. “Burundi: A Deepening Corruption Crisis Africa Report,” International Crisis Group (no. 185 – 21), March 2012.
2007

Minimum Implementation

On 29 June 2007, the National Recruitment Commission was finalized through Ministerial order no. 574, which required increased public transparency in the recruitment process.6

2008

Minimum Implementation

No developments observed this year. 

2009

Minimum Implementation

No developments observed this year. 

2010

Minimum Implementation

On 25 January 2010, the Office of the Ombudsman was created and the parliament elected Mohamed Rukara, a CNDD-FDD member as the first ombudsman. Due to his political affiliations, however, there were objections about him being independent or neutral as intended in the Arusha agreement and the constitution.7

 

2011

Minimum Implementation

No further developments observed. 

2012

Minimum Implementation

A special 2012 report by the International Crises Group on Burundi makes a case that corruption is now worse under the total capture of state power under the CNDD than it was under Tutsi minority control. The report claims that "the civil service is now perceived as very politicized, a situation denounced by officials themselves." In survey based assessments of government corruption in Burundi, between 84 and 91 percent of officials believed that "appointments in their sector were controlled by the executive power."8 

 

  • 8. “Burundi: A Deepening Corruption Crisis Africa Report,” International Crisis Group (no. 185 – 21), March 2012.
Truth or Reconciliation Mechanism

Protocol I, Chapter II:

Article 8: Principles and measures relating to national reconciliation

1. A national commission known as the National Truth and Reconciliation Commission shall be established. This Commission shall have the following functions:

(a) Investigation

Implementation History
2003

No Implementation

No developments observed this year. 

2004

No Implementation

No developments observed this year. 

2005

No Implementation

No developments observed this year. 

2006

No Implementation

In March of 2006, the UN sent a delegation to the Burundian government urging for the establishment of the Truth Commission and an international inquiry on genocide. The government submitted a memorandum to the UN by detailing its proposals and recommendations.2

  • 2. "Burundi; UN Team Arrives for Talks On Truth And Reconciliation Commission," Africa News, March 27, 2006.
2007

Minimum Implementation

In 2007, the President of Burundi created a commission to begin conducting popular consultations concerning the setting up of a Truth and Reconciliation Commission and Special International Tribunal.3

  • 3. "Burundi; President Nkurunziza Launches the Activities for TRC," Africa News,  November 4, 2007.
2008

Minimum Implementation

No developments observed this year. 

2009

Minimum Implementation

No developments observed this year. 

2010

Minimum Implementation

No developments observed this year. 

2011

Minimum Implementation

In June, the government of Burundi established a Technical Committee to make recommendations on establishing the TRC.4

  • 4. "Burundi / Submission to the Technical Committee revising the law for a Truth and Reconciliation Commission," African Press Organization, September 8, 2011.
2012

Minimum Implementation

The TRC was not established by the end of 2012. 

Postscript: A draft on the establishment of a TRC was made public in December of 2012 and was circulated in 2013.5

  • 5. "Human Rights; An Overview of Burundi's Human Rights Violations," Africa News, December 30, 2012.
Dispute Resolution Committee

Protocol V: Article 3: Implementation Monitoring Committee

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:

Implementation History
2003

Full Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the dispute resolution committee began. A 29-member Implementation Monitoring Committee (IMC) was inaugurated on 27 November by former South African President Nelson Mandela. The UN Secretary General appointed Berhanu Dinka, the UN representative to the Great Lakes region to lead the IMC. The committee consisted of representatives from all signatories to the accord except for Parena – a hardline Tutsi party.1 The first meeting of the IMC took place on 30 November 2000,2 The IMC had to reach a settlement on issues related to transitional leadership, a timeline for its implementation, and the proposed peacekeeping force. The second meeting took place on 1 December 2000, and failed to resolve these issues.3 The new round of talks was scheduled in Arusha starting on 15 January 2001.4

In 2001, the IMC considered various issues and the implementation of the Arusha accord. In this regard, an agreement on transitional leadership was reached on 25 July 2001.5 For the serious ceasefire negotiation with rebel groups, the IMC told the transitional government to consider draft legislations on provisional amnesty for returning exiles; genocide, crimes against humanity and war crimes; and creation of a national commission for the rehabilitation of refugees.6

Throughout 2002, the IMC worked with the government on various laws including on freedom of activities for political parties, provisional immunities, the law against genocide and the establishment of National Committee on Refugees and Sinistrés (CNRS) among others.7 One of the most significant achievements of the IMC was the ceasefire agreement of 2 December 2002, which was a significant peace process achievement.8

The IMC in its role to resolve disputes on implementing the accord, criticized the government for lack of political will to implement the accord as the transitional government did not make progress in releasing political prisoners and improving prison conditions.9 The committee tried to resolve disputes related to the adoption and enhancement of laws on provisional immunity, punishment of crime of genocide among other laws. Nevertheless, the committee was working very closely with the parliament to get the constitution, the electoral code and the reform in defense and security corps. The IMC also worked on the modalities for the establishment of the National Commission for Truth and Reconciliation.10 Among other important achievements was the deployment of the African Mission in Burundi

  • 1. "Rwanda; Ambassador Dinka To Lead Burundi Monitoring Committee," Africa News, November 27, 2000."
  • 2. "Burundi; UN Envoy Chairs First Meeting Of Committee On Burundi Peace Accord," Africa News, November 30, 2000.
  • 3. "Burundi peace process in doubt after inconclusive talks end," Associated Press, December 1, 2000.
  • 4. "New round of Burundi peace talks to begin in Arusha on 15 January," BBC Summary of World Broadcasts, December 19, 2000.
  • 5. "UN: Installation of Burundi's transitional government on 1 November 'turning point' in peace process says Security Council," M2 PRESSWIRE, September 27, 2001.
  • 6. "Burundi; Create Conditions for Peace, Monitoring Body Tells Government,"Africa News, December 3, 2001.
  • 7. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2002/1259), November 18, 2002.
  • 8. "U.N. secretary-general welcomes Burundi cease-fire," Associated Press, 3 December 2002.
  • 9. "Burundi; IMC Slams Detention of Political Prisoners, Poor Prison Conditions," Africa News, October 7, 2003.
  • 10. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2003/1146), December 4, 2003.
2004

Full Implementation

The IMC continued to press the transitional government and the parties involved in the peace process on constitution and the electoral law along with pressing armed political parties and movements to meet the precondition of disarmament and demobilization.11 The committee also pressed the government to set up the Electoral Commission in its nineteenth session in July. As a result the National Independent Electoral Commission was set up on 5 August.12 The IMC requested the transitional government to facilitate the reintegration of former armed parties and formally establish new defense and security forces. The IMC also requested the national assembly to enact a draft electoral code; and the political parties to accept the electoral timetable.13

  • 11. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/682), August 25, 2004.
  • 12. Ibid.
  • 13. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2004/902, 15) November 15, 2004.
2005

Full Implementation

After holding its final meeting on 8 and 9 August, the IMC concluded its mandate.14

  • 14. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/586), September 14, 2005.
2006

Full Implementation

No further developments observed. 

2007

Full Implementation

No further developments observed. 

2008

Full Implementation

No further developments observed. 

2009

Full Implementation

No further developments observed. 

2010

Full Implementation

No further developments observed. 

2011

Full Implementation

No further developments observed. 

2012

Full Implementation

No further developments observed. 

Judiciary Reform

Protocol II, Chapter I: Article 9: The Judiciary

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.

Implementation History
2003

Intermediate Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the judiciary reform provision did begin.

In Arusha accord, parties agreed for extensive reform in the judiciary including establishment of a constitutional court. The accord called for the establishment of ethnically balanced Judicial Service Commission along with establishment of a multiparty commission within a transitional national assembly to monitor the administration of justice and to submit recommendations to the assembly. The accord asked for promotion of gender and ethnic balance in the judiciary. According to the accord, transitional president and vice-president in consultation with the Minister of Justice can make appointments in the judiciary but the appointment needs to be approved or confirmed by the national assembly by two-third majority.

On 11 June 2002, the transitional government adopted a draft law on the organization and function of the Constitutional Court. According to the draft law, members of the Constitutional Court would be seven and they would be appointed for a six-year term,1 The law was adopted by the national parliament on 18 July 2002. And, as provided in the accord, the transitional president and vice-presidents were officially sworn into their new positions on 30 April 2003 before members of the constitutional court.2

In June 2003, law regarding the structure and function of the Judicial Service Commission was passed.3 In September 2003, Burundi’s magistrates started open-ended strike over judicial independence and wages, which was unilaterally called off in October 2003. The judiciary was still being dominated by minority Tutsis whereas the Arusha accord called for ethnic balance according to which 60% judiciary jobs had to be allocated to majority Hutu groups.4

  • 1. "Burundi: Government adopts draft law on Constitutional Court," BBC Summary of World Broadcasts, June 13, 2002.
  • 2. "Burundi: Newly president promises to speed up peace process," BBC Summary of World Broadcasts, May 2, 2003.
  • 3. Fabienne Hara, "Human Rights in Negotiating peace Agreements: Burundi," International Council on Human Rights Policy,(Working Paper, 2005).
  • 4. "Burundi govt suspends pay of striking magistrates," Agence France Presse, September 3, 2003; "Burundi judges call off strike," Agence France Presse, October 19, 2003.
2004

Intermediate Implementation

While some progress was made, establishing ethnic balance in judiciary was not achieved. Notwithstanding all laws adopted on judiciary and its reforms, judiciary was not able to carry out its functions independently. Also, Arusha accord’s provision on establishing ethnic balance in judiciary was not fully implemented as of 2004.5

  • 5. "Burundi parties react to new interim constitution," BBC Sumary of World Broadcasts, November 1, 2004.
2005

Intermediate Implementation

Article 208 of Burundi’s constitution came into effect on 19 March 2005 provided for the regional, ethnic and gender balance in recruitment and appointment in judiciary. It was reported that the judicial personnel were predominantly Tutsis.6

  • 6. "Brundi: Constitution and institutions," Economic Intelligence Unit, September 29, 2005.
2006

Intermediate Implementation

The minority ethnic group still dominates the Judiciary. The judiciary lacks resources and cannot function independently and effectively.7

2007

Intermediate Implementation

No further developments observed.

2008

Intermediate Implementation

No further developments observed.

2009

Intermediate Implementation

No further developments observed.

2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Military Reform

Protocol II, Chapter I: Article 11: Defence and security forces

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.

Implementation History
2003

Minimum Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the military reform provision did begin.

Arusha accord and the Pretoria Protocol on Political, Defense and Security Power Sharing in Burundi provided for extensive reform in Burundi’s armed force. Among other significant reforms, the accord brings the military under civilian control. The accord reorganizes the armed forces by including members of the Burundian armed forces and combatants of the political parties and movements. In doing so, however, the accord excludes those members who were found guilty of acts of genocide, coups d'état, violation of the Constitution and human rights and war crimes.

The accord provided for the establishment of a technical committee consisting representatives from Burundian armed forces, combatants of the political parties and movements and external military advisors. The transitional government was given responsibility to determine the size of the national defense force in consultation with the technical committee. According to the agreement, political, ethnic, regional and gender criteria would be used to determine the imbalances in the defense force but the new force would consist 60% officers from the government army and 40% from the FDD. But, the new force would not consist more than 50% of any of the ethnic groups.1 

The national defense force was said to be formed under the supervision of Implementation Monitoring Committee (IMC), Joint Ceasefire Commission (JCC) and African Mission in Burundi (AIMB). By the end of 2003, AIMB forces were deployed along with the establishment of IMC and JCC.2 As of December 2003, reforms sought through integration of combatants from political parties and movements did not take place.

  • 1. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2003/1146), December 4, 2003.
  • 2. Ibid.
2004

Intermediate Implementation

For the formation of a new National Defense Forces, the president in consultation with a Technical Forces Agreement signed on 2 November 2003 appointed 33 members of the Joint Military High Command, 20 of which were from the current military and 13 from the rebel movement CNDD-FDD. This decision was made on 6 January 2004 by signing a decree.3 The current chief of staff retained his position and the rebel chief of staff was appointed as deputy chief of staff.

Government also announced the target of an army of 20,000, which would be achieved first by the integration of all combatants from political parties and movements in the initial phase and subsequent demobilization (Source: Secretary General’s Report to the Security Council, S/2004/682, 25 August 2004). Initially, it was estimated the Burundian Armed Forces had 45,000 troops, and total number of combatants from political parties and movement were estimated to be about 35,000 (Source: Secretary General’s Report to the Security Council, S/2004/210, 16 March 2004). But a revised estimated suggested a total of 70,000 combatants of which 13,000 would be transferred to the police force. Estimated 10-15000 combatants were child soldiers or pensioners or wounded and therefore would be demobilized immediately.4

As a way to establish a new National Defense Force, a unit of 1,200 soldiers, 800 from the government and 400 from the CNDD-FDD started their training.5 By the end of 2004, 1,800 soldiers from the army and former rebel combatants went through the training program. On 31 December 2002, president promulgated laws on creation, organization, function and composition of the new National Defense Force and New Police Service.

  • 3. "Burundi; Ndayizeye Appoints Members of Joint Military Command," Africa News, January 7, 2004.
  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2004/682), August 25, 2004.
  • 5. "Burundi; New National Army Takes Shape," Africa News, March 17, 2004.
2005

Full Implementation

As of April 2005, 6,000 personnel were deployed for two brigades and one special protection unit. These personnel were directly integrated (Source: Secretary General’s Report to the Security Council, S/2005/328, 19 May 2005). By December 2005, National Defense Force had some 33000 personnel, which was expected to be downsized to 25,000 by 2007.6

  • 6. Secretary General’s Report to the Security Council, United Nations Security Council (S/2005/728), November 21, 2005.
2006

Full Implementation

As provided in the accord, military reform provisions were implemented by 2005.

2007

Full Implementation

The target of reducing the defense force to 25,000 was not met in 2007 as Burundi had 27,000 personnel in its defense force.7 

  • 7. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2007/682), November 23, 2007.
2008

Full Implementation

No developments observed this year.

2009

Full Implementation

By end of 2009, estimated 25,000 army personnel in the defense force completed human rights, gender and HIV aids.8 

  • 8. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2009/611), November 30, 2009.
2010

Full Implementation

No further developments observed. 

2011

Full Implementation

No further developments observed. 

2012

Full Implementation

No further developments observed. 

Police Reform

Protocol III, Chapter II: Article 12:

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;

Implementation History
2003

No Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the police reform provision did begin.

Arusha accord and the Pretoria Protocol on Political, Defense and Security Power Sharing in Burundi provided for reform in Burundi’s police force including change in its name to Burundi National Police (BNP). Similar to military reform, the transitional government would determine the size, of the BNP and the BNP would include the current national police, combatants of the political parties and movements and other citizens who meet the requirements. As provided in the accord, none of the ethnic group would consist more than 50% of the BNP.

2004

No Implementation

No reform took place in 2004. However, on 30 November a decree was adopted on the formation, organization and mandate of the National Burundian Police and it was endorsed by the parliament on 28 October.1

  • 1. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/902), November 15, 2004.
2005

Full Implementation

On 3 January 2005, the president signed a law to set up a police force that would include combatants from rebel groups. The new police force would include a force of 20,000 personnel.2 On 28 January, president signed a decree and appointed General Alain Bunyoni, a former rebel officer, as head of the country's new national police. From the Tutsi minority, Colonel Helmenegilde Nimenya, was appointed as a deputy.3

As of May 2005, 6,896 members from rebel groups were sent to 20 different training centers around the country where they joined with 8,300 former members of the Gendarmerie and 1,400 former internal security forces. In training centers, they will go through integration and harmonization training.4

 In 2005, in coordination with the non-governmental organization the United Nations Operation in Burundi (ONUB) trained 135 judicial police. The government of Belgium was providing training of 20,000 police personnel over three years.5 By the end of 2005, a new integrated police force was in place.

  • 2. "New army, police force for Burundi," Agence France Presse, January 3, 2005.
  • 3. "Ex-rebel officer appointing head of Burundi's national police," Agence France Presse, January 18, 2005.
  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/328), May 19, 2005.
  • 5. "Burundi; Belgium Grants Government US $4.5 Million for Police Training," Africa News, November 10, 2005; "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2005/586), September 14, 2005.
2006

Full Implementation

No developments observed this year. 

2007

Full Implementation

No developments observed this year. 

2008

Full Implementation

On 11 April 2008, Burundi launched national police census to identify police officers.6 On 15 April, over 750 police personnel were demobilized as the government sought to downsize the National Police Force below 15,000 personnel. 

  • 6. "Burundi: Security minister launches national police census," BBC Monitoring Africa, April 11, 2008.
2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Demobilization

Protocol III, Chapter II: Article 21: Demobilization

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.

Implementation History
2003

No Implementation

After signing of an agreement with CNDD-FDD on 2 November 2003, Disarmament, Demobilization and Reintegration process in Burundi was scheduled to begin within 30 days. No significant achievement was made except for the announcement of commencement of demobilization of child combatants in January 2004 in sponsorship of the UNICEF.1

  • 1. "Demobilization scheduled for January 2004 in northwest Burundi," BBC Summary of World Broadcasts, December 23, 2003.
2004

Minimum Implementation

The transitional government and the ONUB finalized the DDR plan in September according to which combatants from armed political parties and movement would assemble in 12 pre-disarmament assembly area. These area were closely monitored by the ONUB monitors prevent new recruits. As of 18 October, 20,979 combatants had reported to the assembly area.2

  • 2. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2004/902), November 15, 2004.
2005

Intermediate Implementation

By mid-October, 17,459 combatants from the state armed force and the political parties and movement were demobilized. Among demobilized combatants, 3007 were children and 482 were female combatants.3

  • 3. "Secretary General’s Report to the Security Council," United Nation Security Council (S/2005/728,) November 21, 2005.
2006

Intermediate Implementation

As of November 2006, 21,769 former combatants and soldiers were demobilized.4

  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2006/994), December 18, 2006.
2007

Intermediate Implementation

Including 3,779 members from the National Defense Force, 24,105 combatants were demobilized by mid-November.5 By December, 24,504 combatants were demobilized.6

  • 5. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2007/682), November 23, 2007.
  • 6. "Quarterly Progress Report," Multicountry Demobilization and Reintigration Program (October – December 2007), accessed February 21, 2013, http://www.mdrp.org/PDFs/2007-Q4-QPR-MDRP.pdf.
2008

Intermediate Implementation

According to MDRP report, 26,283 combatants were demobilized.7

2009

Intermediate Implementation

For demobilization process to continue, the World Bank approved $15 million grant. The Technical Coordination Team, then, was able to precede 4,950 FNL ex-combatants and 1,556 FNL dissidents at the Gitega demobilization center.8 In August, over 11,000 FNL combatants assembled in pre-assembly areas and they received return kits and first installment of assistance and transportation support to return to their communities.9

  • 8. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2009/611), November 30, 2009.
  • 9. Ibid.
2010

Full Implementation

No further information available on demobilization. The demobilization program in Burundi, however, was lauded as effected by the United Nations Secretary General.10 

  • 10. "Citing progress, Ban urges further support for Burundi's peace process," Web newswire, February 12, 2012.
2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Disarmament

Protocol II, Chapter II: Article 22: Interim period

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.

Implementation History
2003

No Implementation

After signing of an agreement with CNDD-FDD on 2 November 2003, Disarmament, Demobilization and Reintegration process in Burundi was scheduled to begin within 30 days. No significant achievement was made except for the announcement of commencement of demobilization of child combatants in January 2004 in sponsorship of the UNICEF.1

  • 1. "Demobilization scheduled for January 2004 in northwest Burundi," BBC Summary of World Broadcasts, December 23, 2003.
2004

No Implementation

The disarmament process did not start in 2004 even after all institutional framework was in place.

2005

Minimum Implementation

As reported in early October, 2,849 members of the Gardiens de la paix and 1,704 Combatants militants were disarmed.2 Exact number of weapons collected, however, is not available. So far as the disarming civilian is concerned, the government had established a National Commission for Civilian Disarmament. The civilian disarmament process, however, did not make significant progress in 2005.3

  • 2. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/728), November 21, 2005.
  • 3. Ibid.
2006

Minimum Implementation

Civilian disarmament program received assistance from the UNDP for developing a national strategy to combat the proliferation of light weapons. Nevertheless, the success of this process was not very clear. Also, it was reported that ONBU continued to work with the government on collection and destruction of weapons through a program, which was expected to resume in December demobilized.4

  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2006/994), December 18, 2006.
2007

Minimum Implementation

No significant achievement was made in terms of reducing light weapons or civilian disarmament.5

  • 5. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2007/682), November 23, 2007.
2008

Intermediate Implementation

By November 2008, approximately 6,000 light weapons were destroyed. To stop the proliferation of light weapons, Commission on Civilian Disarmament and Combating the Proliferation of Small Arms was established by a presidential decree that included a provision on a general prohibition on arms.6

  • 6. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2008/745), November 28, 2008.
2009

Intermediate Implementation

The Commission on Civilian Disarmament and Combating the Proliferation of Small Arms continued its effort to collect weapons. It launched a final program of voluntary civilian disarmament program.7

  • 7. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2009/611), November 30, 2009.
2010

Intermediate Implementation

No further information available on disarmament of former combatants and civilian disarmament programs. However, before 2010 elections, it was suggested that the last rebel group to join the peace process the National Liberation Forces (FNL) was said disarmed in 2009.8 

  • 8. "Burundi; Ensure Zero Tolerance for Election Violence - Authorities Should Demonstrate That No Political Actors Are Above the Law," Africa News, May 14, 2010.
2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Reintegration

Protocol V: Guarantees on Implementation of the Agreement

8. Reintegration Commission

Implementation History
2003

No Implementation

After signing of an agreement with CNDD-FDD on 2 November 2003, the Disarmament, Demobilization and Reintegration process in Burundi was scheduled to begin within 30 days. No significant achievement was made except for the announcement of commencement of demobilization of child combatants in January 2004 in sponsorship of the UNICEF.1

  • 1. "Demobilization scheduled for January 2004 in northwest Burundi," BBC Summary of World Broadcasts, December 23, 2003.
2004

No Implementation

Transitional government had established National Commission for demobilization, Reinsertion and Reintegration (CNDRR) with the assistance from the Multi-Country Demobilization and Reintegration Program (MDRP) – a program sponsored by various partner countries, donor agencies and international institutions including World Bank. This MDRP program was expected to demobilize and reintegrate estimated 300,000 combatants from countries in the Great Lake region.2

In March, it was estimated that the Burundian Armed Force had 45,000 troops, and total number of combatants from political parties and movement were estimated to be about 35,000.3 In August, the government announced to integrate all combatants into state defense force and initiate demobilization estimated 55,000 that would leave the army of 20,000 personnel.4 In early November, the NCDRR confirmed the DDR process to begin on 29 November. The Process, however, was officially started on 2 December. In the function attended by the country’s president and the Special Representative of the UN Secretary General, 100 assault rifles were burned. In the first phase of the program, 14,000 combatants were expected to be demobilized and receive reintegration support from MDRP trust fund.5

  • 2. "MDRP Progress Report," Multicountry Demobilization and Reintigration Program, accessed February 21, 2013, http://www.mdrp.org/doc_rep_main.htm#Progress_Reports.
  • 3. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/210), March 16, 2004.
  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/682), August 25, 2004; "MDRP Supported Activities in Burundi," Multicountry Demobilization and Reintigration Program, accessed February 21, 2013, http://www.mdrp.org/PDFs/MDRP_BUR_FS_1208.pdf.
  • 5. "Burundi; Demobilization Starts in Burundi," Africa News, December 9, 2004.
2005

Minimum Implementation

By mid-October, 17,459 combatants from the state armed force and the political parties and movement were demobilized. Among demobilized combatants, 3007 were children and 482 were female combatants.6 The demobilized combatants were given allowances.

Financed from the MDRP Trust Fund, transitional reinsertion payments to demobilized combatants was started. For the reintegration of ex-combatants, various projects such as vocational training, small enterprise development, income-generating activities, access to secondary and tertiary education and employment referral were planned but implementation of those projects was very slow.7

  • 6. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/728), November 21, 2005.
  • 7. Ibid.
2006

Intermediate Implementation

According to Secretary General’s Report, 18,642 former combatants from all sides received cash reinsertion benefits, 5,412 received benefits from integration projects such as vocational trainings. Of 3,015 child combatants demobilized, 599 were enrolled in schools and 896 were receiving vocational trainings demobilized.8

  • 8. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2006/994), December 18, 2006.
2007

Intermediate Implementation

By the end of December, 21,463 ex-combatants benefited from the reintegration/reinsertion programs.9

2008

Intermediate Implementation

As of December 2008, only 23,022 demobilized combatants received reintegration support from the MDRP program.10 Because the MDRP program ended by 31 December 2008, the United Nations Integrated Office in Burundi was coordinating with the government and the World Bank to develop a new strategy for the demobilization, disarmament and reintegration of combatants.11

  • 10. Ibid.
  • 11. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2008/745), November 28, 2008.
2009

Intermediate Implementation

In august, over 11,000 FNL combatants assembled in pre-assembly areas and they received return kits and first installment of assistance and transportation support to return to their communities.12 Various projects and opportunities such as reconstructing community infrastructures (roads, bridges, health centers, schools) and other programs were launched by UNDP in coordination with the government, international donor agencies and Peacebuilding Trust. The BINUB and UNDP also worked on finalizing sustainable economic incentives for ex-combatants Fund.13 In fact, ex-combatants were given on average $600 of cash allowances in 10 installments.14

  • 12. "Secretary General’s Report to the Security Council," The United Nations Security Council (S/2009/611), November 30, 2009.
  • 13. Ibid.
  • 14. A. Caramés, “Burundi (PNDDR, 2004-2008),” in A. Caramés and E. Sanz, Analysis of Disarmament, Demobilization and Reintegration (DDR) Programmes in the World during 2008, ed. A. Carmés and E. Sanz (Bellaterra: School for a Culture of Peace, 2009), 31-38.
2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Prisoner Release

Protocol II, Chapter II: Article 15:

20.(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:

(ii) The release of prisoners awaiting trial in respect of whom there has been an undue delay in the prosecution of their cases;

Implementation History
2003

No Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the prisoner release provision did begin.

The accord requires the release of all political prisoners within 30 days of the establishment of the transitional period. The accord provided for the establishment of a commission under the chairmanship of a judge to make recommendations on the existence and release of political prisoners.

In March 2001, Burundi’s government approached to the United Nations and asked to send experts for the commission on political prisoners.1 The government had formed a commission comprised of four Hutu and four Tutsi lawyers. Also, 10 foreign lawyers arrived to Burundi to examine case files of detainees.2 

The prisoners were not released in 2002. The Implementation Monitoring Committee (IMC), the body responsible for monitoring the implementation and verification of the implementation, suggested the lack of political will in transitional government and called for an immediate release of political prisoners.3

  • 1. "Burundi government to set up commission on political prisoners," Agence France Presse, March  25, 2001.
  • 2. "Burundi: Some 10 foreign lawyers arrive in country," BBC Monitoring Africa,  November  23, 2001.
  • 3. "Burundi: Arusha accord committee calls for release of all political prisoners," BBC Sumary of World Broadcasts, October 9, 2003.
2004

No Implementation

In July 2004, those who considered themselves political prisoners called for their immediate and unconditional release in various prisons in Burundi. According to Burundi Association for the Protection of Human Rights and Detained Persons (APRODEH), "Of the 7,530 prisoners in Burundi, only 1,500 are behind bars for common law offences” (Source: Five thousand prisoners demand release in Burundi, Agence France Presse, 20 July 2004). Protest activities in prisons spread out throughout the country and in August government considered demands by more than 2,000 jailed soldiers, former rebels and militiamen to be released as provided in the Arusha accord.4 There was no report of release of political prisoners.

  • 4. "Burundi's government considers demands for release by more than 2,000 inmates who seized control of two prisons," Associated Press, August 4, 2004.
2005

Intermediate Implementation

In November 2005, the government established the 21-member commission to identify political prisoners held throughout the country and determines who were political prisoners and provide a list. The commission started to work immediately after its establishment. In fact, some political prisoners identified by the commission were released.5

  • 5. "Burundi; Commission Starts Work of Identifying Political Prisoners," Africa News, November 16, 2005.
2006

Full Implementation

On 3 January 2006, the Burundian President signed a decree on provisional immunity of political prisoners.6 On 10 January, 673 prisoners that the commission identified as political prisoners were released.7 On 14 March 2006, the final batch of 1,846 political prisoners were released. A total of 3,299 political prisoners were released.8

  • 6. "Burundi's president signs decree on provisional immunity for political prisoners," BBC Monitoring Africa, January 5, 2006.
  • 7. "Burundi conditionally releases 673 political prisoners," Associated Press, January 10, 2006.
  • 8. "Last Batch of Political Prisoners Freed in Burundi as Part of Ongoing Reconciliation Drive," World Markets Analysis, March 15, 2006.
2007

Full Implementation

Political prisoners were released in 2006.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Paramilitary Groups

Protocol II: Article 19: Democracy and Good Governance

Defence and security forces

1. Associations having the character of militias shall be prohibited.

Protocol III: Article 26: Peace and Security for All

General principles

1. The following principles are agreed upon:

Implementation History
2003

No Implementation

Arusha Accord prohibits militia groups or organization and requires such groups to be dismantled and disarmed. In the Pretoria Protocol (2 November 2003), parties agreed to begin disarmament of such militia groups within 18 days. There was no report of disarmament of militia groups in 2003.

2004

Minimum Implementation

It was reported that the demobilization of government’s civilian militia was stared in January 20041 but no further information is available.

  • 1. "First demobilization of child soldiers in Burundi," Agence France Presse, February 13, 2004.
2005

Minimum Implementation

It was reported that the civilian militia groups, the Gardiens de la paix and the Combattants militants, were scheduled to be disarmed starting 6 July.2

  • 2. "Secretary General’s Report to the Security Council," United Nation Security Council  (S/2005/586), September 14, 2005.
2006

Intermediate Implementation

Notwithstanding initial delays in dismantling and disarming militia groups, significant progress was made in 2005. As reported in the United Nations Secretary General’s report, civilian militia groups were dismantled and disarmed. According to the report, 28,379 militias belonging to the Gardiens de la paix and the Combatants militants were disarmed and demobilized.3

Disarmament of civilians, however, moved very slowly

  • 3. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2006/842), October 25, 2006.
2007

Intermediate Implementation

No developments observed this year. 

2008

Intermediate Implementation

Militia groups were disbanded and disarmed in 2006. For civilian disarmament, the Commission on Civilian Disarmament and Combating the Proliferation of Small Arms was established by a presidential decree that included a provision of a general prohibition on arms.4 

  • 4. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2008/745), November 28, 2008.
2009

Intermediate Implementation

The commission continued its work and in 2009, it launched a final program of voluntary civilian disarmament.5

  • 5. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2009/611), November 30, 2009.
2010

Intermediate Implementation

Militia groups were disarmed back in 2006. A final program on civilian disarmament was initiated in 2009. No further developments occurred this year.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Human Rights

Protocol I, Chapter II: Article 6:

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.

Protocol II, Chapter 1,

Article 3: Charter of Fundamental Rights

Implementation History
2003

Minimum Implementation

In Arusha accord parties committed to 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.

Burundi had ratified Convention on the Rights of the Child in 1990.1 On 4 April 1991, Burundi ratified the Convention on the Elimination of All Forms of Discrimination against Women by Decree – Law No. 1/006, without any reservation.2 The African Charter on Human and People’s Rights was ratified by Burundi on 28 July 1989.3 The International Covenant on Civil and Political Rights was ratified by Burundi on 9 May 1990.4

After the Arusha Agreement, in July 2002, the parliament adopted a draft law on trade union and strike rights for the civil servants.5Despite commitment to international human rights treaty, Burundi’s commitment to human rights as provided in the Arusha Accord did not materialize. In fact, there were reports of security forces being involved in political killings, frequent repots of kidnaping and disappearances, continued practice of torture. Excessive forces were used during demonstrations. Domestic violence against women was common.6

2004

Minimum Implementation

The United States State Department in its human rights report suggested no arbitrary or political killings involving security forces took place in 2004. There was no report of politically motivated kidnappings. But torture was practiced by CNDD-FDD throughout the year.7

2005

Minimum Implementation

There was no report of politically motivated kidnappings. But torture was practiced by CNDD-FDD throughout the year. Similarly, there were reports of arbitrary and politically motivated arrests.8 

2006

Minimum Implementation

While reduced from the days of the conflict, human rights violations including arbitrary arrest, collective punishment, sexually based violence and extra-judicial killings have continued. Both the military and police forces have been repeatedly implicated by human rights groups. The rates of violation have reduced since the signing of a cease-fire with the FNL, but they are far from over.

While Burundi remains normatively committed various human rights provisions as stipulated in the accord, Burundi’s human rights practice did not improve even after the transitional period was over in 2005.9

2007

Minimum Implementation

No further developments observed.

2008

Minimum Implementation

No further developments observed.

2009

Minimum Implementation

No further developments observed.

2010

Minimum Implementation

No further developments observed.

2011

Minimum Implementation

No further developments observed.

2012

Minimum Implementation

No further developments observed.

Amnesty

Protocol III, Chapter III: Article 26:

1. (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'etat.

Implementation History
2003

Minimum Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the amnesty provision did begin. 

While Arusha accord had amnesty provision for crimes related to conflict, the accord excluded genocidal crimes, crimes against humanity or war crimes or participation in coups. Nevertheless, in several rounds of negotiations after the accord parties could not decide on what constitutes political crime.1 

In peace talks organized in Pretoria between 30-31 October 2003, it was suggested that the president and the rebel leaders need to make a decision on whether to declare a general amnesty or grant temporary immunity to the combatants.2 Because political leaders returning from exile received temporary immunity, they could not be tried for political crimes.

  • 1. "Burundi: Controversial question of amnesty on political crimes unsolved," BBC Worldwide Monitoring, March  30, 2001.
  • 2. "Burundi peace talks start in Pretoria as summit postponed," Agence France Presse, October 30, 2003.
2004

Minimum Implementation

No developments observed this year. 

2005

Minimum Implementation

No developments observed this year. 

2006

Minimum Implementation

No developments observed this year. 

2007

Minimum Implementation

No developments observed this year. 

2008

Minimum Implementation

No developments observed this year. 

2009

Minimum Implementation

In 2009, government officials publically supported for general amnesty but no initiatives were taken in this regard.3 

  • 3. "Seek Justice for War Crimes Victims - Gatumba Massacre Anniversary Marked by Ongoing Impunity," Africa News, August 14, 2009.
2010

Minimum Implementation

No developments observed this year. 

2011

Minimum Implementation

No developments observed this year. 

2012

Minimum Implementation

As of December 2012, a general amnesty has not been issued for political crimes committed during the Burundian civil war. Only temporary immunity was granted. 

Refugees

Protocol IV, Chapter I, Article 1: Definitions

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.

Implementation History
2003

Intermediate Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the refugees provision did begin.

In Arusha accord, parties agreed the government should take institutional measures for the return, resettlement and reintegration of refugees and internally displaced persons. In this regard, the accord called for the establishment of National Commission for the Rehabilitation of Sinistrés (CNRS) for return, resettlement and reintegration of refugees and displaced persons. Within CNRS a sub-commission was formed to deal with the issue of land belonging to the displaced or refugees but being occupied by others. Parties also agreed to provide food aid, health, education, agriculture and reconstruction support for returned refugees and IDPS. In terms of return of refugees, 6,843 returned in 2000, another 27,885 returned in 2001 and 53,287 in 2002.1 According to an estimate, about 839,000 Burundian refugees were in neighboring countries including an estimated 200,000 in Tanzania.2

To facilitate the return of refugees especially from Tanzania, the UNHCR, Tanzania and the Burundian government reach an agreement in early May 2001 on the voluntary repatriation.3 In September, Burundian officials visited refugee camps in northwestern Tanzania.4

So far as the setting up institutional mechanism for the return of refugees and IDPs is concerned, the transitional government, the Burundian parliament adopted a bill to establish the National Commission for the Rehabilitation of Displaced Persons (CNRS) on 8 August 2002.5 But the sub-commission on land was not established.

Another 82,409 refugees returned in 2003.6 

  • 1. "2004 UNHCR Statistical Yearbook – Burundi," UNHCR , accesssed February 22, 2013, http://www.unhcr.org/414ad56b0.html.
  • 2. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2002/1259), November 18, 2002.
  • 3. "Burundi; Refugee Agreement Signed," Africa News, May  14, 2001.
  • 4. "Burundi: Officials visit refugee camps in northwestern Tanzania," BBC Monitoring Africa, September 15, 2001.
  • 5. "Burundi: Parliament adopts bill on commission for displaced persons," BBC Summary of World Broadcasts, August 10, 2002.
  • 6. "2005 UNHCR Statistical Yearbook – Burundi," UNHCR , accesssed February 22, 2013, http://www.unhcr.org/464183620.html.
2004

Intermediate Implementation

While CNRS was working on return, resettlement and reintegration of refugees, the sub-commission on land was not established which hindered the reintegration and resettlement of refugees.

 Notwithstanding the establishment of CNRS, the land related issue was not prioritized, which hindered the peace process. In fact, a submission for land issues with rebel representation had not been established.7 Nevertheless, 90,321 refugees returned to Burundi in 2004 from Tanzania and other neighboring countries.8. The UNHCR and ONUB provided support in the repatriation process.

  • 7. "Burundi: Homeless refugees suffering from lack of basic needs," BBC Summary of World Broadcasts, December 6, 2004.
  • 8. "2005 UNHCR Statistical Yearbook – Burundi."
2005

Intermediate Implementation

The repatriation of refugees continued in 2005 with 68,248 refugees returning to Burundi from neighboring countries.9 For the reintegration and settlement of returned refugees, land issue proved to be an obstacle as properties belonged to refugees or displaced families were occupied by others. In fact, the rightful owner lacked documents to prove their ownership of land. The rightful owner land issue remains contentious.10 Returned refugees received basic needs such as foods, shelter, education and health services from the UNHCR, World Food Program and other UN agencies.11

  • 9. Ibid.
  • 10. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/586), September 14, 2005.
  • 11. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2005/728), November 21, 2005.
2006

Intermediate Implementation

In March 2006, the Burundian government adopted a bill to establish the national commission on land and other properties with some of the responsibilities of the former land sub-commission established under the CNRS.12 In October, the government prohibited farming on disputed land.13 While the government established land commission was working to resolve land conflict and was providing alternative solutions to land related disputes, land issues hindered the reintegration of returnees. Nevertheless, the establishment of the national commission on land suggested the serious nature of the problem. By November 2006, an additional 38,181 Burundian refugees returned to Burundi.14

  • 12. "Burundi parliamentarians ratify bill establishing national land commission," BBC Monitoring Africa, March 30, 2006.
  • 13. "Burundi: Authorities in northwest forbid farming on disputed land," BBC Monitoring Africa, October 18, 2006.
  • 14. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2006/994), December 18, 2006.
2007

Intermediate Implementation

Refugee repatriation continued in 2007. For better reintegration and rehabilitation of returnees, the government established the Steering Commission for the Repatriation and Reintegration of Returnees comprising representatives from government agencies, UNHCR, WFP, UNICEF, donor agencies and the United Nations Integrated Office in Burundi (BINUB). As reported in Secretary Generals’ Report, more than 33,000 refugees returned to Burundi until November 2007.15

  • 15. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2007/682), November 23, 2007.
2008

Intermediate Implementation

In 2008 alone, more than 64,000 refugees returned to Burundi.16 Since 172,000 Burundian refugees who fled Burundi in 1972 wanted to settle in Tanzania, the UNHCR in collaboration of the European Commission supported naturalization of 76,000 Burundian living in Tanzania.17

  • 16. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2008/330), May 15, 2008; "Secretary General’s Report to the Security Council," United Nations Security Council (S/2008/745), November 28, 2008.
  • 17. Ibid.
2009

Intermediate Implementation

The refugee return process continued. By end of October 2009, 31,562 refugees return to Burundi.18 Given the low socio-economic reintegration prospects and security vulnerability, number of returnees had declined in 2009.

  • 18. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2009/611), November 30, 2009.
2010

Intermediate Implementation

The Refugee repatriation program continued in 2010. While significant progress was made as more than 500,000 Burundians returned from Tanzania, the program continued in 2010 with more than 200,000 Burundians still in Tanzania. Also, Burundian refugees were still in DRC and the government had initiated a program for their return.19

  • 19. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2010/608), November 3, 2010.
2011

Intermediate Implementation

No developments observed this year. 

2012

Intermediate Implementation

In 2012, it was reported that over 34,000 Burundian refugees returned to Burundi from Tanzania.20

According to UNHCR, about 40,000 estimated Burundians in Tanzania and DRC are expected to return to Burundi in 2013.21

  • 20. "Over 34,000 Burundi refugees return home from Tanzania," BBC Monitoring Africa, December 14, 2012.
  • 21. "2013 UNHCR country operations profile – Burundi," UNHCR, accessed February 22, 2013, http://www.unhcr.org/pages/49e45c056.html.
Internally Displaced Persons

Protocol IV, Chapter I, Article 1: Definitions

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.

Implementation History
2003

Minimum Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the internally displaced persons provision did begin.

In Arusha accord, parties agreed the government should take institutional measures for the return, resettlement and reintegration of refugees and internally displaced persons. In this regard, the accord called for the establishment of National Commission for the Rehabilitation of Sinistrés (CNRS) for return, resettlement and reintegration of refugees and displaced persons. Within CNRS a sub-commission was formed to deal with the issue of land belonging to the displaced or refugees but being occupied by others. Parties also agreed to provide food aid, health, education, agriculture and reconstruction support for returned refugees and IDPS. According to an estimate, there were 325,000 IDPs in Burundi as of November 2000.1 The number of IDPs increased to 633,000 as of July 2001.2

The number of IDPs declined to an estimated 487,500 in 2002.3 So far, the transitional government and the Burundian parliament have set up institutional mechanisms like adopting a bill to establish the National Commission for the Rehabilitation of Displaced Persons (CNRS) on 8 August 2002.4 But the sub-commission on land was not established.

As of November 2003, it was reported that estimated 281,000 IDPs were in 230 camps throughout the country.5

  • 1. "Profile of Internal Displacement: Burundi," Global IDP (2000-2002), accessed February 22, 2013, http://www.idpproject.org.
  • 2. Ibid.
  • 3. Ibid.
  • 4. "Burundi: Parliament adopts bill on commission for displaced persons," BBC Summary of World Broadcasts, August 10, 2002.
  • 5. "Secretary Generals’ Report to the Security Council," United Nations Security Council (S/2003/1146), December 4, 2003.
2004

Minimum Implementation

While CNRS was working on return, resettlement and reintegration of refugees and IDPs, the sub-commission on land was not established which hindered the reintegration and resettlement of displaced persons.

Notwithstanding the establishment of CNRS, the land related issue was not prioritized, which hindered the peace process. In fact, a submission for land issues with rebel representation had not been established.6 No further information available on return of IDPs. In fact, it was reported that 35,000 civilians were displaced in 2004.7

  • 6. "Burundi: Homeless refugees suffering from lack of basic needs," BBC Summary of World Broadcasts, December 6, 2004.
  • 7. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2004/902), November 15, 2004.
2005

Intermediate Implementation

Because of improved security situation, it was reported that estimated 165,000 returned to their communities without any assistance. Nevertheless, it was reported that the Burundian government and the United Nations conducted survey of IDPs in 2004 and 2005 to assess their needs and vulnerabilities for better resettlement in their origin places. In this regard, the government had initiated a program for the rehabilitation of IDPs and refugees, which the Ministry of Resettlement and Repatriates was responsible to implement in coordination with CNRS. Various international organizations and voluntary groups were also involved in providing needs of IDPs.8

  • 8. "Burundi: Improving Political and Security Situation Encourages IDP Return," Global IDPs (2005), accessed February 22, 2013, http://www.idpproject.org.
2006

Intermediate Implementation

By October 2006, it was reported that Burundi’s IDPs fell a to record low of 100,000.9 Land issue was the main problem for the successful resettlement and reintegration of returnees (refugees and IDPs). To solve land related issues, the government took initiatives and established the national commission on land and other properties with some of the responsibilities of the former land sub-commission established under the CNRS.10

  • 9. "Secretary General’s Report to the Security Council," United Nations Security Council, (S/2006/842), October 25, 2006.
  • 10. "Burundi parliamentarians ratify bill establishing national land commission," BBC Monitoring Africa, March 30, 2006.
2007

Intermediate Implementation

No developments observed this year. 

2008

Intermediate Implementation

As the Hutus and Tutsi skirmishes took place in May and June, thousands of civilians were displaced in 2008.11

  • 11. "Some 20,000 displaced in recent Burundi fighting," BBC Monitoring Africa, May 10, 2008.
2009

Minimum Implementation

As of 2009, estimated 100,000 were internally displaced in Burundi. It was reported that majority of them do not own their own house or land.12

2010

Minimum Implementation

According to a report, an estimated 100,000 were internally displaced by the end of November 2010.13

  • 13. "Secretary General’s Report to the Security Council," United Nations Security Council (S/2010/608), November 30, 2010.
2011

Minimum Implementation

As of November 2011, the IDP number increased to 157,000.14

  • 14. "Secretary General’s Report to the Security Council," United Nations Security Council  (S/2011/751), November 30, 2011.
2012

Minimum Implementation

No further developments observed.

Women's Rights

Protocol II, Chapter I, Article 3:

Implementation History
2003

No Implementation

The accord eliminates all forms of discrimination against women and gives women property rights. The accord sought to promote women in development. No significant programs were found.

2004

No Implementation

No developments observed this year. 

2005

Intermediate Implementation

Article 19 of the constitution that went into effect in March 2005 contained a section named "Convention on the Elimination of All Forms of Discrimination against Women". Moreover, it was recognized as an integral part of the constitution. Article 129 and Article 164 guarantee 30% of positions to women in the government and in national assembly. These changes are reflected in human rights indicators such as the CIRI Human Rights Data Project. Programs aimed at economic and social rights of women, however, could not be found at the national level.1

  • 1. David L. Cingranelli and David L. Richards, The Cingranelli-Richards (CIRI) Human Rights Dataset (v. 2011.12.09), accessed February 21, 2013, http://www.humanrightsdata.org.
2006

Intermediate Implementation

No further developments observed.

2007

Intermediate Implementation

No further developments observed.

2008

Intermediate Implementation

No further developments observed.

2009

Intermediate Implementation

No further developments observed.

2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Children's Rights

Protocol II, Chapter I, Article 3:

Implementation History
2003

Intermediate Implementation

Arusha accord prohibits recruitment of child soldiers and therefore prohibited to be used in armed conflict. Therefore, the transitional government along with coordination with the UNICEF started demobilization of child soldiers and their reintegration.
2004

Intermediate Implementation

As of December 2004, 2,261 children have been demobilized and reintegrated with their families and communities by the National Structure for the Demobilization and Reintegration of Child Soldiers.1

  • 1. "Burundi; More Child Soldiers to Be Demobilized," Africa News, December 7, 2004.
2005

Intermediate Implementation

Article 45 of the constitution protects children from being used in armed conflict. Also, in 2005 the president pledged to provide free primary education to all children.2

  • 2. "Burundi; President Pledges to Provide Free Primary Schooling for All Children," Africa News, September 8, 2008.
2006

Intermediate Implementation

The practice of children’s rights, however, was not vigorously enforced. In fact, the UN Secretary General asked the Burundian government to immediately work towards ending persistent rapes, killings, detainment and recruitment of children in Burundi.3 According to a Human Rights Watch Report, children were tortured to extract confessions and locked up along with adults in prisons.4

  • 3. "Burundi; Annan Calls On Country to Make Children a Post-War Priority," Africa News, November 2, 2006.
  • 4. "Burundi; Children Behind Bars Suffer Abuse," Africa News, March 14, 2007.
2007

Intermediate Implementation

No developments observed this year.

2008

Intermediate Implementation

No developments observed this year.

2009

Intermediate Implementation

In 2009, UN Secretary General Ban Ki-moon suggested impunity for violations of children’s rights persisted in Burundi even though children involved in conflict were released and returned to their families.5

  • 5. "Burundi;Tackling Impunity for Violators of Child Rights Next Step for Burundi,Says Ban," Africa News, September 18, 2009.
2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

Education Reform

Protocol I

Nature of the Burundi Conflict, Problems Of Genocide And Exclusion And Their Solutions

Principles and measures relating to education

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.

Implementation History
2003

No Implementation

Not all major parties to the conflict signed the agreement until 2003. During this three year gap, implementation of the education reform provision did begin.

In Arusha Accord, parties had identified one of the main causes of armed conflict in Burundi was also related to lack of equitable distribution education opportunities, which parties tried to address in principles and measures related to education. Most importantly, parties were committed to provide free primary and secondary education until the age of 16.

As of 2000, an estimated 70,4785 were enrolled in primary education of which 44.42% were female.1 So far as the government’s initiatives is concerned, the Burundian government also had prioritized education as one of long-term policy priorities in donors conference in December 2000.2

  • 1. "World Development Indicators," World Bank, 2013, http://databank.worldbank.org.
  • 2. "WORLD BANK: Burundi Donor Conference pledges $440 million in urgent aid," M2 PRESSWIRE, December 13, 2000.
2004

No Implementation

No information is available regarding government policy and programs regarding equitable distribution of education opportunities. In fact, there was a lot of chaos in the educational sector in 2004. After students across Burundi’s university called for an open-ended strike to protest the police shooting of one of their classmates, the Education minister gave approval for the school’s shutdown.3 Burundi’s teachers also went on strike asking for increase in their salaries.4 As teachers continued to protest, the government in early March 2004 suspended three teachers’ unions.5 On 14 March, Burundi’s 20,000 public elementary and high-school teacher called off their protest activities and returned to work.6

  • 3. "Burundi university shuts down to punish striking students," Agence France Presse, January 18, 2004.
  • 4. "Burundi: President calls on teachers to resume work," BBC Sumary of World Broadcasts, January 23, 2004.
  • 5. "Burundi government suspends three teachers' unions," Agence France Presse, March 5, 2004.
  • 6. "Burundi teachers end strike," Agence France Presse, March 14, 2004.
2005

No Implementation

No substantive reform took place except for the former rebel leader and the presidential candidate Pierre Nkurunziza’s emphasis on improving health and education services.7 In November 2005, the IMF urged the Burundian government to prioritize healthcare and education and direct funding to support these two sectors.8

  • 7. "Peace, reforms are priorities for Burundi's next government, former rebel chief says," AP Worldstream, August 17, 2005.
  • 8. "MF Urges Burundi Government to Prioritise Social Expenditures," World Markets Analysis, November 17, 2005.
2006

Intermediate Implementation

In May 2006, Burundi adopted a policy to offer free primary education. As the policy went into effect, primary enrollment increased by 30%. Along with offering a free primary education, the government also initiated recruitment of 5,000 teachers on top of the existing 21,000 teachers, increased the education budget by $1.5 million and purchased thousands of benches and blackboards.9 As a result, the net primary enrollment increased from 1,036,859 to 1,324,937. The secondary enrollment also increased from 159,240 to 180,384.10

  • 9. "Burundi Struggles To Implement Free Primary Education," Voice of America News, May 16, 2006
  • 10. "World Development Indicators," World Bank, 2013, http://databank.worldbank.org.
2007

Intermediate Implementation

Burundi received UD$20 million from the World Bank to support the reconstruction of its education sector. The project sought to improve capacity and infrastructure in the school system.11 In March, deputies (members of parliament) were deployed throughout the country to distribute education materials.12 Along with opening new primary schools, Burundi also took initiatives to train 4,203 English, Swahili, and general education teachers.13

  • 11. "Burundi Receives Assistance for Reconstruction Of Education Sector," States News Service, February 20, 2007.
  • 12. "Burundi: Deputies sent to constituencies to distribute school materials," BBC Monitoring Africa, March 2, 2007.
  • 13. "Burundi; Primary Schools Inaugurated in Muyinga," Africa News, Marcy 30, 2007.
2008

Intermediate Implementation

Primary and secondary enrollment constantly increased year over year. In 2008, almost 9% more primary students were enrolled compared to 2007. The secondary enrollment increased by more than 19% between 2008 and 2009.14

2009

Intermediate Implementation

Primary and secondary school enrollment continued to increase.

2010

Intermediate Implementation

Primary and secondary school enrollment continued to increase.

2011

Intermediate Implementation

There was more than a 5% increase in an primary student enrollment between 2010 and 2011. Secondary enrollment increased by more than 12% between 2010 and 2011. Along with increase in student enrollments, primary teachers increased by almost 300% from 12,731 in 2000 to 40,288 in 2011 and secondary teachers from 6,855 in 2003 to 12,968 in 2011.15

2012

Intermediate Implementation

In 2012, the Burundian government announce the universal education program.16

  • 16. "Burundi; Nation's Push for Universal Education," Africa News, October 2, 2012.
Media Reform

Protocol II, Chapter l, Article 3:

13. Freedom of expression and of the media shall be guaranteed. The State shall respect freedom of religion, belief, conscience and opinion.

Protocol IV, Chapter ll, Article 13:

Implementation History
2003

Minimum Implementation

Arusha accord had provisions for government support for independent media. However, the accord also prohibits printing and broadcasting media for spreading inflammatory information that would cause ethnic violence or conflict.

In terms of implementing provision of the accord, not much happened between 2000 and 2003 except for the establishment of an independent radio station to promote Hutus and Tutsi reconciliations.1  Journalists were arrested for inciting ethnic hatred.2 As a matter of fact, the government did not support independent media as journalists were constantly targeted.3 In November 2003, government passed a new media law with provisions for fines and criminal penalties for insults directed at the President as well as for writings that are offensive to public or private individuals.4

  • 1. "Burundi: New independent radio station with Hutus, Tutsis working together," BBC Monitoring Africa, August 22, 2001.
  • 2. "Burundi: Police arrest independent news agency director," BBC Monitoring Africa, December 21, 2001; "Burundi arrests editor of Tutsi news agency for inciting hatred," Agence France Presse, July 6, 2003.
  • 3. "Burundi; Journalists subjected to constant attacks," Africa News, February 21, 2003.
  • 4. "2004 County Reports on Human Rights Practices- Burundi," State Department, 2005, http://www.state.gov/j/drl/rls/hrrpt/2004/41591.htm.
2004

Minimum Implementation

While security forces harassing journalists declined, government did not promote independent media by controlling the major media. Nevertheless, the passage of Media law in November 2003 did not require journalists to have their articles reviewed before their publications.5

2005

Minimum Implementation

Media reform did not reflect in practice. Government censorship and suspensions of media publication increased in 2005.6

2006

Minimum Implementation

Government still controlled media even though government censorship and suspension of publication were not reported in 2006. Media outlets were required to pay heavy licensing fees.7

2007

Minimum Implementation

Government still controlled media even though government censorship and suspension of publication were not reported in 2007.8

2008

Minimum Implementation

Government continued to control major media outlets but did not censor or force media outlets to suspend operations. Nevertheless, government threatened Africa Public Radio (RPA) with closure for criticizing the government. Also, journalists were arrested several times on charges of defaming and disseminating false information 2007.9

2009

Minimum Implementation

While government continued to control operations of major media outlets and did not use censorship or force media outlets to suspend its operation, journalist were arrested on allegation of spreading false information.10">http://www.state.gov/j/drl/rls/hrrpt/2009/af/135941.htm.

  • 10. "2009 County Reports on Human Rights Practices- Burundi," State Department, 2010,
2010

Minimum Implementation

Government continued to control media outlets and did not tolerate its criticisms in the media. Journalists were arrested. Burundi had elections in 2010 but political debates were not allowed to broadcast.11">http://www.state.gov/j/drl/rls/hrrpt/2010/af/154334.htm.

  • 11. "2010 County Reports on Human Rights Practices- Burundi," State Department, 2011,
2011

Minimum Implementation

Notwithstanding government’s commitment to promote independent media, government restriction on media continued.12">http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper...

  • 12. "2011 County Reports on Human Rights Practices- Burundi," State Department, 2012,
2012

Minimum Implementation

Human Rights Watch reported the Burundian government tried to restrict independent media in Burundi in 2012.13 In fact a court in June sentenced a journalist to life imprisonment for "participating in a terrorist attack", which was said politically motivated and criticized by Eastern African Journalists Association among others. It was also reported a reporter was beaten up in June.14

  • 13. "Human Rights; An Overview of Burundi's Human Rights Violations," Africa News, December 30, 2012.
  • 14. "Reporter beaten up by ruling party militia: Burundi radio," Agence France Presse, June 27, 2012.
Minority Rights

Protocol II: Democracy and Good Governance

Implementation History
2003

Intermediate Implementation

Arusha Accord and the subsequent Pretoria Protocol II provide some guidelines on division state power (in executive, legislative and judiciary administration) based on ethnicity. The accord also provided that the Burundi’s Armed Forces and National Police Force to be composed in a way that would not consist more than 50% of members from any of the ethnic groups. Transitional governments formed in 2001 and 2003 followed these provisions such that Hutus or G-10 groups had more positions compared to G-7 or Tutsi groups.

2004

Intermediate Implementation

No developments observed this year.

2005

Full Implementation

 In the constitution approved and promulgated on 19 March 2005, Hutus were given 60% position in the executive branch of government, legislative branch of the government, and administration whereas Tutsis were given 40%. This division of state power based on ethnicity was irrespective of political party affiliation.1 Given that the Tutsis, who are minority with less than 15% population had dominated state institutions in Burundi, the accord and the constitution secured access to power for the majority Hutus, who comprised about 85% of the population.

  • 1. "Burundi constitution becomes law as country continues to heal wounds," Agence France Presse, March 19, 2005; Constitution of Burundi 2004.
2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Economic and Social Development

Protocol I: Chapter II: Article 7:

Principles and measures relating to the economy

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.

Implementation History
2003

Intermediate Implementation

Arusha Accord provided for several socio-economic reform issues. The accord asked for the equitable distribution of resources throughout the country, implementation of economic recovery program such as reconstruction of economic infrastructure, legislation to fight against financial crimes and corruption by enacting tax, custom and public market legislations, develop the private sector, initiate structural reforms, establish Sub-Commission of the CNRS and revise Burundi’s Land Act among other reforms.

Land Reform: 
On 8 August 2002, the Burundian parliament adopted a bill to establish the National Commission for the Rehabilitation of Displaced Persons (CNRS) under the Ministry of Reintegration and Resettlement of Displaced Persons and Repatriates. The CNRS, however, would be financially and administratively autonomous.1 But the land related issues were not resolved. Other economic and social issues including economic recovery and infrastructure reconstruction were not addressed. In fact, Burundi was under financial shortfall in 2003.2

Private Sector and Structural Reform:
Starting in 2002, Burundi started to receive the World Bank and the International Monitory Fund support for structural programs that involved privatization of public enterprises among other things.3

  • 1. "Burundi: Parliament adopts bill on commission for displaced persons," BBC Summary of World Broadcasts, August 10, 2002.
  • 2. "Secretary General’s Report to the Security Council," United Nations (S/2003/1146), December 4, 2003.
  • 3. "Burundi; World Bank Loan for Economic Rehabilitation," Africa News, September 3, 2002.
2004

Intermediate Implementation

No developments observed this year.

2005

Intermediate Implementation

No developments observed this year.

2006

Intermediate Implementation

The socio-economic reconstruction started in 2006 when the government and the United Nations jointly identified priority areas for the reconstruction of socio-economic development.4

Land Reform: In March 2006, the Burundian government adopted a bill to establish the national commission on land and other properties with some of the responsibilities of the former land sub-commission established under the CNRS.5 In July 2006, government set up the Commission Nationale des Terres et Autre Bien (CNTB) to deal with land issues.6 In October 2006, the government prohibited farming on disputed land.7 While the government established land commission was working to resolve land conflict and was providing alternative solutions to land related disputes, land disputes and allegations are not yet resolved. Land reform has not been implemented and therefore effective redistribution of state resources has not been carried out.

Tax, corruption and custom legislations:
The anti-corruption law was passed in 2006.8 The anti-corruption bodies were set up in May 2006.9 Despite these initiatives, corruption is rampant in Burundi that required a broad based institutional reforms.

  • 4. "Secretary General’s Report to the Security Council," United Nations (S/2006/429/Add.1), August 14, 2006.
  • 5. "Burundi parliamentarians ratify bill establishing national land commission," BBC Monitoring Africa, March 30, 2006.
  • 6. "Burundi; Huge Challenges in Solving Land Crisis," Africa News, November 23, 2006.
  • 7. "Burundi: Authorities in northwest forbid farming on disputed land," BBC Monitoring Africa, October 18, 2006.
  • 8. "The President of Burundi Takes Steps to Rebuild His War-Torn Nation, Including Demand for Accountability of NGOs and Burundian Government," Business Wire, April 6, 2006.
  • 9. "Burundi; President Announces Free Maternal Healthcare, Pay Rise for Workers," Africa News, May 1, 2006.
2007

Intermediate Implementation

No developments observed this year.

2008

Intermediate Implementation

No developments observed this year.

2009

Intermediate Implementation

Tax, corruption and custom legislations:
Some progress was made in terms of tax reform and legislation in 2009. On 1 July 2009, Burundian government enacted law n° 1/02 on Value Added Tax (VAT) system and replaced the transactional tax system. Similarly, on 14 July 2009, law n° 1/11 was passed came into force that created the Burundi Revenue Authority (OBR).

2010

Intermediate Implementation

Tax, corruption and custom legislations:
In 2010, to became a part of the East African Common Market (EAC), which was an organization of Burundi, Kenya, Rwanda, Tanzania and Uganda, Burundi ratified the East African Common Market protocol that deals with the custom issues.10

  • 10. "East Africa; Burundi Ratifies Treaty," Africa News, May 1, 2010.
2011

Intermediate Implementation

No developments observed this year.

2012

Intermediate Implementation

Private Sector and Structural Reform:
The World Bank and the International Monitory Fund support for structural programs that involved privatization of public enterprises among other things was still ongoing as of 2013. Under this structural reform program, the government sold Coffee Factories to the private sector among sell off of other public enterprises.11

  • 11. "Burundi; Country Promises IMF It Will Sell Off Coffee Factories," Africa News, February 4, 2008.
Ratification Mechanism

Protocol II, Chapter II, Article 21:

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.

Protocol II, Chapter II, Article 22:

2. By its signature the National Assembly agrees, within four weeks, to:

Implementation History
2003

Full Implementation

Once the accord was signed on 28 August 2000, was not ratified in the parliamentary session in October for disagreement among deputies over dates of implementation of the accord. Nevertheless, on 30 November 2000, the transitional parliament ratified the accord.1

The accord was ratified in 2002 but came to full implementation only after the largest rebel group CNDD-FDD signed a protocol agreement in 2003.

  • 1. "Burundi national assembly ratifies Arusha peace accord," Agence France Presse, November 30, 2000.
2004

Full Implementation

The accord was ratified. No further developments occurred this year.

2005

Full Implementation

No further developments observed.

2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Donor Support

Protocol V, Chapter 1, Article 9: Financial guarantees

Implementation History
2003

Minimum Implementation

Immediately after the signing of the Arusha Accord, mediator and former president of South Africa, Nelson Mandela called for a donor conference to collect funds for rebuilding Burundi.1 The donors’ conference was scheduled for 11 and 12 December. The largest rebel group CNDD-FDD, which was yet to sign the Arusha accord protested the conference by writing a letter to the UN Secretary General.2 Nevertheless, donor conference took place as scheduled and in the conference donors and development agencies pledged $440 million.3

In 2002, a two day donor conference was organized in Geneva on 27 and 28 November in which Burundi Ministry of Planning asked for 1.2 Billion US Dollars for its social programs including rehabilitation and reconstruction. In the conference Donors promised 905 Million US Dollars.4

  • 1. "Burundi: Mandela calls for Donor conference on Burundi," BBC Worldwide Monitoring, October 28, 2000.
  • 2. "Burundi: Rebel group writes to UN to protest against donor conference," BBC Worldwide Monitoring, December 8, 2000.
  • 3. "Paris conference on Burundi successful beyond expectations - President Buyoya," BBC Worldwide Monitoring, December 12, 2000.
  • 4. "Burundi: Donor conference pledges 905m US dollars to support recovery," BBC Summary of World Broadcasts, December 2, 2002.
2004

Minimum Implementation

On 13 and 14 January 2004, donor conference was held in Brussels in initiatives of Belgium in which participants pleaded 1.032 Billion US Dollar support to Burundi.5

2005

Minimum Implementation

No donor conference was organized in 2005.

2006

Full Implementation

A donor conference was held on 28 February 2006 in which donors and international development agencies pleaded $170 million.6 In 2006, the Secretary General declared Burundi eligible to receive support from United Nations Peacebuilding Fund.

  • 6. "Secretary General’s Report to the Security Council," United Nations (S/2006/163), March 21, 2006.
2007

Full Implementation

No developments observed this year.

2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

No developments observed this year.

2011

Full Implementation

No developments observed this year.

2012

Full Implementation

Between 2006 and 2013, Burundi received 49.2 Million USD for various peacebuilding priority including security sector reform, property or land issues.7 In a donor conference organized on 28 and 29 December 2012, Burundi asked for over 1 Billion USD for its development programs between 2012 and 2016. In a conference organized in Geneva, donor countries and development agencies pleaded more than 2 Billion USD in financial assistance to support its development programs between 2012 and 2015.8

Detailed Implementation Timeline

Protocol II, Chapter II, Article 13: Duration of the transition

Implementation History
2003

Full Implementation

The Timeline related to implementing ceasefire provisions, establishing a transitional government and a new transitional government with CNDD-FDD were followed. Establishment of transitional national assembly, deployment of AMIB and the UN peacekeepers happened on timely manner. Other provisions, such as rehabilitation of displaced and refugees, establishment of the TRC and judiciary reforms could not take place as expeditiously as aspired in the Arusha Accord.

2004

Full Implementation

No developments observed this year.

2004

Full Implementation

No developments observed this year.

2005

Full Implementation

No developments observed this year.

2006

Full Implementation

No developments observed this year.

2007

Full Implementation

No developments observed this year.

2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

No developments observed this year.

2011

Full Implementation

No developments observed this year.

2012

Full Implementation

No developments observed this year.

Natural Resource Management

Protocol II, Chapter I, Article 3:

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.

Implementation History
2003

No Implementation

Not much happened in terms of natural resource utilization and management. Burundi has very limited natural resources. The only natural resource available was land.

2004

No Implementation

No developments observed this year.

2005

No Implementation

No developments observed this year.

2006

Minimum Implementation

To deal with the land related issues, a bill was adopted in 2006 to establish the national commission on land and other properties with some of the responsibilities of the former land sub-commission established under the CNRS.1 In July 2006, the government set up a the Commission Nationale des Terres et Autre Bien (CNTB) to deal with land issues.2 In October 2006, the government prohibited farming on disputed land.3 While the government-established land commission was working to resolve land conflict and was providing alternative solutions to land related disputes, good management of land and its utilization was not achieved for the customary and legal land tenure system in place.

However, efforts have been made with concern to climate change and land degradation.4

  • 1. "Burundi parliamentarians ratify bill establishing national land commission," BBC Monitoring Africa, March 30, 2006.
  • 2. "Burundi; Huge Challenges in Solving Land Crisis," Africa News, November 23, 2006.
  • 3. "Burundi: Authorities in northwest forbid farming on disputed land," BBC Monitoring Africa, October 18, 2006.
  • 4. "UNEP Projects in Burundi." UNEP, 2008, accessed June 5, 2010, ttp://gridnairobi.unep.org/chm/roa/project_profiles/BurundiUNEPProjects.pdf.
2007

Minimum Implementation

No further developments observed.

2008

Minimum Implementation

No further developments observed.

2009

Minimum Implementation

No further developments observed.

2010

Minimum Implementation

No further developments observed.

2011

Minimum Implementation

No further developments observed.

Review of Agreement

Protocol II, Chapter II, Article 21: Amendment of the transitional arrangements

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.

Implementation History
2003

Full Implementation

No amendments were made in the transitional arrangement.

2004

Full Implementation

No amendments were made in the transitional arrangement.

2005

Full Implementation

No amendments were made in the transitional arrangement.

2006

Full Implementation

No amendments were made in the transitional arrangement.

2007

Full Implementation

No amendments were made in the transitional arrangement.

2008

Full Implementation

No amendments were made in the transitional arrangement.

2009

Full Implementation

No amendments were made in the transitional arrangement.

2010

Full Implementation

No amendments were made in the transitional arrangement.

2011

Full Implementation

No amendments were made in the transitional arrangement.

2012

Full Implementation

No amendments were made in the transitional arrangement.

Verification/Monitoring Mechanism

Protocol V: Article 3: Implementation Monitoring Committee

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:

Implementation History
2003

Full Implementation

Arusha Accord provides for the establishment of the Implementation Monitoring Committee (IMC) with representatives from the government, the representatives from the rebel movements, the UN, the African Union and the regional peace initiatives for Burundi. Among other responsibilities, the IMC was responsible to monitor, supervise, coordinate and ensure the effective implementation of all the provisions of the Agreement. The IMC was also said to provide guidance to the establishment of other commissions and sub-commission as provided in the accord.

A 29-member IMC was inaugurated on 27 November by former South African President Nelson Mandela. The UN Secretary General appointed Berhanu Dinka, the UN representative to the Great Lakes region to lead the IMC. The committee consisted representatives from all signatories to the accord except for Parena – a hardline Tutsi party.1

The party representatives were Mr. Jean-Baptiste Mukuri (ABASA), Ambassador Alphonso Barancira( Annade), Professor Andre Nkundikije (Av-Intwari),Mr. Festus Ntanyungu (CNDD), Mr. Pierre-Claver Nahimana (Frodebu),Mr. Diallo Barumbanze (Frolina) ), Dr Alphonse Rugambarara (Inkizo-MSP), Mr. Andre Biha (The National Aseembly), Mr. Deo Nyabenda (Palipehutu), Professor Nicephore Ndimurukundo (PIT), Mrs. Marguerite Rukohoza (PL), Mr. Schadrack Niyonkuru (PP), Mr. Mathias Hitima (PRP), Mr. Godfrey Hakizimana (PSD), Mr. Syvestre Ntambutso (Raddes), Mr. Balthazar Bigirima (RPB) and Mr. Libere Bararunyeretse (Uprona).

The government was represented by Mr. Ambroise Niyonsaba.

The six eminent Burudians designated to the Committee were Mr. Charles Bitariho, Mr. Elie Buconyori, Mrs Ruth Gakima, Mrs Liberate Kiburago, Mr. Gerard Niyungeko and Mr. Jean-Berchmans Nterere. The OAU appointed Mr. Mamdou Bah.2 The Great Lake region and the Donors were yet to appoint their representatives. The first meeting of the IMC took place on 30 November 2000.3 The IMC had to reach to a settlement on issues related to transitional leadership, a timeline for its implementation and the proposed peacekeeping force. The second meeting that took place on 1 December 2000, however, failed to resolve these issues.4 The new round of talks were scheduled in Arusha starting on 15 January 2001.5

In 2001, the IMC considered various contentious issues and the implementation of the Arusha accord. In this regard, an agreement on transitional leadership was reached on 25 July 2001.6 The multi-ethnic transitional government was installed on 1 November 2001.7 For the serious ceasefire negotiation with rebel groups, the IMC told the transitional government to consider draft legislations on provisional amnesty for returning exiles; genocide, crimes against humanity and war crimes; and creation of a national commission for the rehabilitation of refugees.8

Throughout 2002, the IMC continuously worked to meet its responsibility of monitoring, supervising, coordinating and ensuring the effective implementation of all the provisions of the Agreement. The IMC worked with the government on various laws including on freedom of activities for political parties, provisional immunities, the law against genocide and the establishment of National Committee on Refugees and Sinistres (CNRS) among others.9 The IMC in cooperation with the Ministry for the Mobilization for Peace also publicized the accord for the grass-root support for the peace process.10 One of the most significant achievements of the IMC was the ceasefire agreement of 2 December 2002, which was significant peace process achievement.11

The IMC for its monitoring and verification role, criticized the government for lack of political will to implement the accord as the transitional government did not make progress in releasing political prisoners and improving prison conditions.12 The committee tried to resolve disputes related to the adoption and enhancement of laws on provisional immunity, punishment of crime of genocide among other laws. Nevertheless, the committee was working very closely with the parliament to get the constitution, the electoral code and the reform in the defense and security corps. The IMC also worked on the modalities for the establishment of the National Commission for Truth and Reconciliation.13 Among other important achievement was the deployment of the African Mission in Burundi.

  • 1. "Rwanda; Ambassador Dinka To Lead Burundi Monitoring Committee," Africa News, November 27, 2000.
  • 2. "Rwanda; Ambassador Dinka To Lead Burundi Monitoring Committee," Africa News, November 27, 2000.
  • 3. "Burundi; UN Envoy Chairs First Meeting Of Committee On Burundi Peace Accord," Africa News, November 30, 2000.
  • 4. "Burundi peace process in doubt after inconclusive talks end," Associated Press, December 1, 2000.
  • 5. "New round of Burundi peace talks to begin in Arusha on 15 January," BBC Summary of World Broadcasts, December 19, 2000.
  • 6. "UN: Installation of Burundi's transitional government on 1 November 'turning point' in peace process says Security Council," M2 PRESSWIRE, September 27, 2001.
  • 7. "Roundup: Milestone Erected on Burundi Peace Road," XInhua General News Service, November 2, 2001.
  • 8. "Burundi; Create Conditions for Peace, Monitoring Body Tells Government," Africa News, December 3, 2001.
  • 9. "Secretary General’s Report to the Security Council," United Nations (S/2002/1259), November 18, 2002.
  • 10. "Secretary General’s Report to the Security Council," United Nations (S/2002/1259), November 18, 2002.
  • 11. "U.N. secretary-general welcomes Burundi cease-fire," Associated Press, December 3, 2002.
  • 12. "Burundi; IMC Slams Detention of Political Prisoners, Poor Prison Conditions," Africa News, October 7, 2003.
  • 13. "Secretary General’s Report to the Security Council," United Nations (S/2003/1146), December 4, 2003.
2004

Full Implementation

The IMC continued to press the transitional government and the parties involved in the peace process on the constitution and the electoral law along with pressing armed political parties and movements to meet the precondition of disarmament and demobilization.14 The committee also pressed the government to set up the Electoral Commission in its nineteenth session in July. As a result the National Independent Electoral Commission was set up on 5 August.15 The IMC requested the transitional government to facilitate the reintegration of former armed parties and formally establish the new defense and security forces. The IMC also requested the national assembly to enact a draft electoral code; and the political parties to accept the electoral timetable.16

  • 14. "Secretary General’s Report to the Security Council," United Nations (S/2004/682), August 25, 2004.
  • 15. Ibid.
  • 16. "Secretary General’s Report to the Security Council," United Nations (S/2004/902), November15, 2004.
2005

Full Implementation

After holding its final meeting on 8 and 9 August, the IMC concluded its mandate. The IMC proved itself instrumental in monitoring and ensuring the implementation of the Arusha accord and its provisions. Under the IMC, successful communals were held on 3 June and the National assembly on 4 July followed by a direct election of the senate on 29 July. The presidential elections took place on 19 August in which the CNDD-FDD leader Pierre Nkurunziza was elected and the inauguration of his term took place on 26 August.

The IMC proved instrumental in the peace process for its monitoring and verification role. Nevertheless, contentious provisions of the accord were not implemented in a timely manner and therefore the IMC in its last meeting called on the government to implement provisions related to the repatriation of refugees and the rehabilitation of those affected by the conflict, socio economic development, reform in security and judicial system and the release of political prisoners.17

  • 17. "Secretary General’s Report to the Security Council," United Nations (S/2005/586), September 14, 2005.
2006

Full Implementation

The verification mechanism, IMC, completed its mandate in 2005.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

UN Peacekeeping Force

Protocol III, Chapter III: Article 27:

5. International peacekeeping force

Implementation History
2003

No Implementation

The international peacekeeping mission was not deployed in 2003. In fact, the Arusha requires the establishment of the regional peacekeeping mission by the African Union and create condition for the deployment of the UN peacekeeping in Burundi.

2004

Full Implementation

In February 2003, an assessment mission evaluated the security situation and overall peace process in Burundi and based on its evaluation, the UN Secretary General proposed the establishment of the United Nations Mission in Burundi (MINUB). On 21 May 2004, the Security Council adopted recommendations of the Secretary General by adopting a resolution 1545 (2004). In its resolution, the Security Council established the United Nations Operation in Burundi (ONBU) and authorized 5,650 military personnel, 200 military observers, 125 headquarters and staff officers. And as of 1 June 2004, the African Mission in Burundi troops from Ethiopia, Mozambique and South Africa, and 29 military observers from Burkina Faso, Gabon, Mali, Togo and Tunisia became ONBU troops. As of November 2004, there were 5,259 ONBU troops deployed in Burundi.1

The mission was authorized for six months, which was extended until 1 June 2005 by Security Council from its resolution 1577 (2004) on 1 December 2004.

  • 1. "Secretary General’s Report to the Security Council," United Nations (S/2004/902), November 15, 2004; "Burundi; UN Mission Replaces Sections of South African Peacekeepers," Africa News, October 25, 2004.
2005

Full Implementation

The ONBU continued its mission in Burundi in 2005. Security Council resolution 1602 (2005) of 31 May 2005 extended the mandate of ONBU for additional six months until 1 December 2005. Again on November the ONBU was extended until 15 January 2005 (SEC/RES/ 1641 (2005) on 30 November 2005. The ONBU mandate was extended until 1 July 2006 (SEC/RES/1650 (2005) on 21 December 2005.

2006

Full Implementation

The ONBU continued its mission in Burundi in 2006. The ONBU mandate was extended until 31 December 2006 (S/RES/1692 (2006) on 30 June 2006. The UN Security Council on 25 October 2006 adopted a resolution S/RES/1719 (2006) authorized the establishment of the United Nations Integrated Office in Burundi (BINBU) and the withdrawal of ONBU. The BINBU was set to be operation on 1 January 2007. By the time of its drawdown, the ONBU had 1,522 troops (including 77 military observers and 51 staff.2 The ONBU completed its mandate specified in the Arusha accord.

  • 2. "Secretary General’s Report to the Security Council," United Nations (S/2006/994), December 18, 2006.
2007

Full Implementation

The peacekeeping role of the ONBU was completed in 2006. However, the UN Security council established the BINBU to support the consolidation of peace and democratic governance, to protect and promote human rights and coordinate between donor and the UN agencies. The mandate of the BINBU was extended until the end of December 2010.

2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

The UN Security Council adopted a resolution S/RES/1959 (2010) on 16 December 2010 and replaced the BINBU by establishing the UN Office in Burundi (BNUB) for a year starting 1 January 2011.

2011

Full Implementation

The UN Office Burundi (BNUB) began January 1, 2011. The mission was extended until 15 February 2013 on 20 December 2011 (S/RES/2027/2011).

2012

Full Implementation

No further developments observed.

Regional Peacekeeping Force

Protocol V, Article 3:

Functioning and powers of the Implementation Monitoring Committee

(b) 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.

Ceasefire Agreement, Annex I, Article III:

Implementation History
2003

Full Implementation

A formal decision of deploying African Mission was made in February 2002, which led to the African Union’s Mechanism for Conflict Prevention, Management and Resolution’s mandate on 2 April 2003 to deploy some 3,500 troops from Mozambique, South Africa and Ethiopia.1 In fact, African Mission in Burundi (AMIB) had 3,000 strong force deployed in Burundi by the end of April 2003.2 The Mission had received support from the transitional government from its European Development Fund as well as bilateral support from the US, UK, Italy and Germany among other countries.3

As specified in the accord, the main responsibility of the African Mission in Burundi (AMIB) were to supervise the implementation of ceasefire accord, support the DDR initiatives, and create favorable condition for the deployment of UN peacekeeping forces. By its presence, the troops from the African Mission in Burundi deterred or discouraged the ceasefire violations. They also supported the DDR process.

  • 1. "Secretary General’s Report to the Security Council," United Nations (S/2003/1146), December 4, 2003.
  • 2. "African peacekeeping force deploys in Burundi," Xinhua General News Service, April 28, 2003.
  • 3. "Secretary General’s Report to the Security Council," United Nations (S/2003/1146), December 4, 2003.
2004

Full Implementation

To evaluate whether the condition improved on the ground, the United Nations Secretary General sent an assessment mission to Burundi in February 2003. As the assessment mission indicated improvement in the security situation in Burundi, the UN Secretary General proposed United Nations Mission in Burundi (MINUB) to take over and reinforce the role of AIMB In his report, he proposed a minimum strength of some 5,650 military personnel, 200 military observers, 125 headquarters and staff officers.4 On 21 May 2004, the Security Council adopted a recommendation of the Secretary General by adopting a resolution 1545 (2004). This resolution established the United Nations Operation in Burundi. And as of 1 June 2004, the AMIB troops from Ethiopia, Mozambique and South Africa, and 29 military observers from Burkina Faso, Gabon, Mali, Togo and Tunisia became ONBU troops. As of November 2004, there were 5,259 ONBU troops deployed in Burundi.5

  • 4. "Secretary General’s Report to the Security Council," United Nations (S/2004/210), March 16, 2004.
  • 5. "Secretary General’s Report to the Security Council," United Nations (S/2004/902), November 15, 2004; "Burundi; UN Mission Replaces Sections of South African Peacekeepers," Africa News, October 25, 2004.
2005

Full Implementation

Regional peacekeeping provision of the accord was successfully implemented in 2003.

2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Withdrawal of Troops

Ceasefire Agreement (2 December 2002)

Article II

1.4 The withdrawal of all foreign troops after the findings of the Commission of Inquiry which will investigate their presence within both the Burundian armed forces and the ranks of CNDD-FDD.

Implementation History
2003

No Implementation

Foreign troops were present within the rebel and the government armed forces and therefore the Ceasefire Agreement of December 2002, which was a part of the 2003 CPA requires withdrawal of all foreign troops. Nevertheless, foreign troops were not withdrawn from Burundi.

2004

Full Implementation

In April 2004, Burundian army chief of staff Brig-Gen Germain Niyoyankana said that the Rwandan military had ordered the immediate withdrawal of Rwandan troops from Burundi.1 Exact withdrawal date is not available.

  • 1. "Rwanda Deploys Troops Along Border With Burundi, DRC," Africa News, April 26, 2004.
2005

Full Implementation

Foreign troops, particularly the Rwandan troops, were withdrawn from Burundi in 2004.

2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

Please always cite: Peace Accords Matrix (Date of retrieval: (06/27/2017),
http://peaceaccords.nd.edu/accord/arusha-peace-and-reconciliation-agreement-burundi,
Kroc Institute for International Peace Studies, University of Notre Dame.