Powersharing Transitional Government: Arusha Peace and Reconciliation Agreement for Burundi

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.

2. The constitutional provisions governing the powers, duties and functioning of the transitional Executive, the transitional Legislature and the Judiciary, as well as the rights and duties of citizens and of political parties and associations, shall be as set forth hereunder and, where thistext is silent, in the Constitution of the Republic of Burundi of 13 March 1992. When there is any conflict between that Constitution and the Agreement, the provisions of the Agreement shall prevail. To give legal effect to this provision, the terms of the Agreement shall be appropriately adopted and promulgated within Burundi within four weeks of its signature.

3. The composition of the transitional National Assembly shall be as follows:

The National Assembly

(a) The Members of the National Assembly elected in 1993 shall retain or resume their seats. Where vacancies have occurred, the parties whose members occupied the vacant seats before the vacancy occurred shall fill them or allow those who have already filled them to remain;

(b) The transitional National Assembly shall be augmented so that each of the participating parties which are not represented under (a) will be entitled to at least three seats so as to be represented within the transitional National Assembly;

(c) It shall thereafter be augmented by the 28 members representing civil society currently sitting in the National Assembly;

(d) The appointed members of the National Assembly shall retain their seats in the transitional National Assembly regardless of the return from exile of the members of the National Assembly elected in 1993.

The Senate

(a) The Senate shall be put in place by the President of the Republic and the Bureau of the National Assembly, while ensuring respect for the political, regional and ethnic balances;

(b) It shall include inter alia former heads of State, three individuals from the Twa ethnic group and members of the transitional National Assembly coopted by the President of the Republic and the Bureau of the transitional National Assembly;

(c) No provision shall be made for replacement of the members of the transitional National Assembly coopted to sit in the transitional Senate;

(d) The transitional Senate shall perform the functions provided for inter alia in article 6 paragraph 16, and all such other functions and are expressly provided for in the constitutional principles embodied in the Agreement;

(e) The Senate shall draw up its rules of procedure, which shall go into effect following verification by the Constitutional Court of their conformity with the transitional arrangements. Its first session shall be devoted to drawing up its rules of procedure and establishing its bureau. Thissession shall be presided over by the oldest Senator;

(f) Its Bureau shall consist of a Speaker, and a Deputy Speaker, a Secretary-General and a Deputy Secretary-General.

4. The transitional National Assembly and the traditional Senate shall within 18 months adopt in the same terms, by a two-thirds majority, a post-transition Constitution in conformity with the principles set forth in Chapter I of the present Protocol.

5. After such adoption, the text in question shall be submitted to the Constitutional Court for verification of its compliance with the principles set forth in Chapter I. If the text does not so comply, the Court shall indicate which provisions must be amended. If and whenever the Court declines to certify a text submitted to it pursuant to this provision, the transitional National Assembly and the transitional Senate shall within 30 days amend the text and resubmit it to the Court.

6. A text referred to above shall, if certified, be submitted for popular approval by way of referendum. A text which is so approved shall be the post-transition Constitution and shall come into force upon the termination of the transition period.

7. If no duly adopted text has been certified and approved by referendum within 23 months of the commencement of the transition, the Implementation Monitoring Committee may instruct experts - either national or international - to prepare a text in conformity with Chapter I of the present Protocol. The experts shall have regard to any judgements of the Constitutional Court and to any constitutional texts not certified by it. The text prepared by the experts shall be submitted for direct approval by way of referendum. If approved, it shall become the post-transition Constitution. If not approved, it shall serve provisionally as the Constitution for purposes of the Legislature and Executive elected during the transition period under the provisions of article 20 of the present Protocol. Such first elected Legislature shall draft a post-transition Constitution and adopt it in conformity with the procedure for amending the post-transition Constitution set forth in Chapter I of the present Protocol.

8.
(a) The rules of procedure of the transitional National Assembly shall be those of the National Assembly elected in 1993 until they are duly amended.

(b) The President and the Vice-President of the transitional National Assembly shall come from two different political families.

9. During the transition period, the National Assembly shall not pass a vote of no confidence and may not be dissolved.

10. A two-thirds majority shall be required for the adoption of legislation.

11. Any commission required under the present Protocol to be established by the transitional National Assembly shall be established by the Bureau of the transitional National Assembly unless otherwise indicated in the present Protocol.

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

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

14. The precise identity of the members of the transitional Executive shall be decided by the transitional President and Vice-President after consultations with the heads of the parties participating in the transitional National Assembly.

15.
(a) There shall be between 24 and 26 members of the transitional Executive, in addition to the transitional President and Vice-President.

(b) The transitional President and Vice-President shall determine the initial function of each Minister when allocating the ministries to parties. The transitional President and Vice-President shall ensure that the minister in charge of the defence force belongs to a different family of parties from the minister responsible for the police.

16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.

17. Any decision to be taken, by law or in accordance with the present Protocol, by the transitional President shall be taken only after consultation with the transitional Vice-President or the transitional Executive.

18. The transitional Executive shall confirm the appointment of the heads of the police and the defence force.

19. The transitional President, after consultation with the transitional Executive, shall within 30 days prepare for submission to the transitional Senate in accordance with the present Protocol a list of appointments for a period or periods specified by her/him to the offices listed below:

(a) Provincial governors;

(b) Judges of the Constitutional Court;

(c) Commune administrators.

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:

i. The conditions in jails, the treatment of prisoners and the training and conditions of service of warders;

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

iii. The existence of and release of any political prisoners.

(b) The establishment of this commission shall not preclude the transitional Government or the transitional National Assembly dealing with the above matters.

21. The transitional National Assembly and the transitional Executive may establish commissions with or without expert participation to assist in preparing texts or for any other purpose which is part of their respective missions during the transition.
Pretoria Protocol I (8 October 2003)

EXECUTIVE

The CNDD-FDD will have four ministries including a Minister of State. The Presidency will consult the Minister of State on all key matters.

THE LEGISLATURE

National Assembly

1. CNDD-FDD will participate in the Bureau as follows:

Second-Vice President.

Deputy Secretary-General.

The Bureau will be increased to six. Two advisors will be appointed in the Staff of the National Assembly.

2. CNDD-FDD will also have 15 members of the Assembly.

3. Measures will be taken to respect the balance among the political families as reflected in the Arusha Agreement.

Senate

The question of the participation of the CNDD-FDD will be discussed at the next meeting, prior to the Regional Summit. (See Article VII below)

GOVERNORS OF PROVINCES

CNDD-FDD will have:

Three Governors

Five Advisors

DIPLOMATIC CORPS

CNDD-FDD will have:

Two ambassadors

Six secretaries and/or advisors

LOCAL GOVERNMENT

CNDD-FDD will have 30 Administrators.

Pretoria Protocol on Outstanding Political, Defence and Security Power Sharing Issues in Burundi:

5. Reconstitution of the Transitional Government of Burundi

The parties agreed that the Transitional Government of Burundi shall be reconstituted to include members of the CNDD-FDD not later than three (3) weeks from the signing of this 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.