Dispute Resolution Committee: Arusha Peace and Reconciliation Agreement for Burundi

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:

(a) Follow up, monitor, supervise, coordinate and ensure the effective implementation of all the provisions of the Agreement;

(b) Ensure that the implementation timetable is respected;

(c) Ensure the accurate interpretation of the Agreement;

(d) Reconcile points of view;

(e) Arbitrate and rule on any dispute that may arise among the signatories;

(f) Give guidance to and coordinate the activities of all the commissions and sub-commissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and sub-commissions shall include the following:

- The Technical Committee to implement the procedures for the establishment of a national defence force;
- The Technical Committee to implement the procedures for the establishment of the national police;
- The Ceasefire Commission;
- The Reintegration Commission;
- The National Commission for the Rehabilitation of Sinistras;

(g) Assist and support the transitional government in the diplomatic mobilization of the financial, material, technical and human resources required for the implementation of the Agreement;

(h) Decide on the admission of new participating parties in accordance with article 14 of Protocol II to the Agreement;

(i) Perform any other duty specifically allocated to it by the Agreement.

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.