Verification/Monitoring Mechanism: 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 Sinistrés;

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

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

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

2. Composition and structure of the Implementation Monitoring Committee

(a) The Implementation Monitoring Committee shall have the following composition:

(i) Two representatives of the Parties;

(ii) One representatives of the Government;

(iii) Six Burundians designated for their moral integrity;

(iv) Representatives of:

- The United Nations;

- The Organization of African Unity;

- The regional Peace Initiative on Burundi;

(b) The Implementation Monitoring Committee shall be chaired by the representative of the United Nations, who shall act in consultation with the Government, the Organization of African Unity and the Regional Peace Initiative on Burundi; (c) The Implementation Monitoring Committee shall be based in Bujumbura and shall have an Executive Council, to which it may delegate such of its powers as it deems appropriate;

(d) There shall be a secretariat to service the Implementation Monitoring Committee and the Executive Council.

3. Functioning and powers of the Implementation Monitoring Committee

(a) The Implementation Monitoring Committee shall begin its operations upon the appointment of its chairperson, and its mandate shall end when the Government elected during the transition period takes office. It shall draw up its own rules of procedure and work programme.

(b) The Implementation Monitoring Committee shall possess the requisite authority
and decision-making powers to perform its functions impartially, neutrally and effectively.

(c) Decisions of the Implementation Monitoring Committee shall be taken by the Parties, by consensus or failing that by a four-fifths majority.

Article 4: The Facilitator

The Facilitator shall continue in his role as moral guarantor, recourse authority and conciliation agent.

Article 5: Commissions

1. The Implementation Monitoring Committee, in collaboration with the Government, shall establish commissions and sub-commissions responsible for sectoral activities as provided for in paragraph 1 (g) of article 3. Their activities shall be coordinated by the

Implementation Monitoring Committee, to which they shall report.

2. The Implementation Monitoring Committee shall, when setting up commissions and sub-commissions, specify their composition, functions, structures, location, decision making process and leadership, as well as the timetable for the completion of their activities.

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.