Minority Rights: Arusha Peace and Reconciliation Agreement for Burundi

Protocol II: Democracy and Good Governance

12. The first transitional President and Vice-President of the Republic shall come from different ethnic groups and political parties. In the event of the death or incapacity of either of them, the new transitional President or Vice-President of the Republic shall be elected by the transitional National Assembly by a resolution which receives the support of two-thirds of the members. Pending the election of a new President, the President of the transitional National Assembly, assisted by the Vice-President of the Republic, shall act as President. The term of the transitional President and Vice-President shall terminate upon the election of the first President under the provisions of this Protocol.

13. During the transition period, there shall be a broad-based transitional Government of national unity. The Government shall include representatives of different parties in a proportion whereby more than half and less than three-fifths of the portfolios are allocated amongst the G-7 group of parties.

Protocol III, Chapter II, Article 16: Balances within the defence and security forces

1. The following criteria shall be used to determine the imbalances in the defence and security forces:

(a) Political;
(b) Ethnic;
(c) Regional;
(d) Gender.

Pretoria Protocol on Outstanding Political, Defence and Security Power Sharing Issues in Burundi (2 November 2003)

2.4.2 Composition

During the integration phase the BNDF shall be composed of selected member of:

  • The current Burundi Armed Forces (FAB).
  • Combatants of the CNDD-FDD Movement.
  • The combatants of other armed political parties.
  • After integration volunteer Burundian citizens could be recruited.
  • The BNDF shall not consist of more than 50% of any of the ethnic groups as per Arusha Peace and Reconciliation Agreement (protocol III chapter 2 article 14. 1g).

3.5.2 Composition

a. The Burundi National Police Force shall be composed of:

(1) Members of the current Burundi Police Force.
(2) Selected combatants from the CNDD-FDD Movement and other armed political parties.
(3) Volunteer Burundian citizens recruited on the basis of their competence.

b. The National Police Force will not consist of more than 50% of members from any of the ethnic groups. This is in accordance with Arusha Peace and Reconciliation for Burundi (Protocol III, Chapter 2 art 14 para 2 (e)).

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.