Arusha Peace and Reconciliation Agreement for Burundi

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;

3) All acts of violence against the civilian population – summary executions, torture, harassment, detention and persecution of civilians on the basis of ethnic origin, religious, beliefs and political affiliations, incitement of ethnic hatred, arming of civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilian population;

4) Supply of ammunitions and weaponry and other war-related stores to the field;

5) All hostile propaganda between the Parties, both within and outside the country;

6) Any other actions that may impede the normal evolution of the ceasefire process.

2. The cessation of hostilities shall involve:

1) Announcement of a cessation of hostilities 48 hours after the signing of the ceasefire agreement, through command channels and print and electronic media;

2) Cessation of hostilities shall be regulated and monitored through the committee to follow up, supervise, monitor and implement the Agreement (Implementation Monitoring Committee);

3) Release of all the political prisoners, closure of all the forced regroupment camps and respect for civil and political rights and freedoms shall take place from the date of signature of the Agreement;

4) Cessation of hostilities brought about by emergency laws, political imprisonment and arbitrary arrests shall take effect from the date of signature of the Agreement;

5) Cessation of defamatory, untruthful or ethnicist statements by the media and publications shall take place from the date of signature of the Agreement.

3. The different types of hostilities are:

1) Political hostilities:

1. Verbal aggression and denigration;

2. Political imprisonment;

3. Forced regroupment camps;

4. Violation of political rights and freedoms;

2) Military hostilities:

1. Armed clashes between the belligerents;

2. Infiltration of armed groups from neighbouring countries;

3. Attacks on the population by the belligerents.

4. The belligerents are:

1) The Government forces;

2) The combatants of the political parties and movements which signed the Declaration of 21 June 1998;

3) The combatants of political parties and movements operating within the country which did not sign the Declaration of 21 June 1998;

4) The political and ethnic militias operating within the country.

Article 26: General principles

1. The following principles are agreed upon:

1) The provisions of article 25.1 (d) above shall not preclude the supply of food, clothing and medical support to forces in the field;

2) Freedom of movement of persons and goods throughout the country shall be guaranteed;

3) All persons detained or taken hostage on account of political belief or activities shall be released and given the latitude to relocate to anywhere within the country;

4) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;

5) The parties shall establish a Joint Commission for Peace and Security, hereinafter referred to as the Ceasefire Commission, which shall be responsible for peace and security functions and shall work in close conjunction with a peacekeeping force following the entry into force of the Agreement;

6) The laying of mines of any type shall be prohibited, and all parties shall be required to undertake to mark and signpost any danger areas to be identified to peacekeeping forces;

7) The forces in areas of direct contact shall proceed to an immediate disengagement;

8) Illicit trafficking of arms and the infiltration of armed groups shall be controlled with the collaboration of neighbouring countries;

9) The parties shall undertake to locate, identify, disarm, and assemble all armed groups in the country;

10) The parties shall ensure that armed groups operating under their command comply with the process;

11) Mechanisms for dismantling and disarming all militias and disarming civilians holding arms illegally shall be established;

12) 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’état.

2. Disengagement

1) Disengagement shall mean the immediate breaking of contact between the opposing military forces of the Parties to the Agreement at places where they are in direct contact by the effective date and time of the ceasefire.

2) Immediate disengagement at the initiative of all military units shall be limited to the effective range of all weapons. Disengagement to put all weapons out of range shall be conducted under the guidance of the Ceasefire Commission established pursuant to article 27 below.

3) Where disengagement by a party is impossible or impractical, the Ceasefire Commission shall find an alternative solution to render the weapons safe.

Article 27: Verification and supervision

1. Ceasefire Commission

1) The Ceasefire Commission shall consist of representatives of the Government, the combatants of the political parties and movements, the United Nations, the Organization of African Unity and the Regional Peace Initiative for Burundi.

2) The Ceasefire Commission shall be a decision-making body.

3) The Ceasefire Commission shall take its decisions by consensus.

4) The Ceasefire Commission shall be responsible, among other things, for:

1. Establishing the location of units at the time of the ceasefire;

2. Establishing liaison between the parties for the purpose of the ceasefire;

3. Finding appropriate solutions in the event of difficulty in disengagement;

4. Conducting investigations of any ceasefire violations;

5. Verifying all information, data and activities relating to military forces of the parties;

6. Verifying the disengagement of the military forces of the Parties where they are in direct contact;

7. Monitoring the storage of arms, munitions equipment;

8. Monitoring the quartering of troops and police;

9. Undertaking the disarmament of all illegally armed civilians;

10. Undertaking mine clearance throughout the country.

5) The parties undertake to provide the Ceasefire Commission immediately with all relevant information on the organization, equipment and positions of their forces, on the understanding that such information shall be held in strict confidence.

Article 28: Ceasefire implementation timetable

The ceasefire implementation timetable shall be determined by the Ceasefire Commission.

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

Ceasefire Agreement between the Transitional Government of Burundi and the CNDD-FDD (2 December 2002)

1. The questions originally mentioned in the first part of the preamble have been transferred to the annex, with a view to their negotiation at a later stage. However, the negotiations on those questions will not create preconditions for the implementation of the ceasefire.

2. The discussions and clarifications which have been transferred to the annex were provided for under the Peace and Reconciliation Agreement for Burundi.

Article I

1. This ceasefire shall apply throughout the territory of Burundi, between the belligerents as defined. The ceasefire shall take effect on 30 December 2002. The first 14 days from the date of signature should enable the belligerents to communicate to their troops, throughout thechain of command, their decision to cease hostilities. By 30 December 2002, combatants must have completed their movement to assembly areas.

2. This truce or cessation of hostilities shall enter into force within 72 hours after the signing of a Ceasefire Agreement.

3. This Ceasefire Agreement is the final stage of the peace process, itself the culmination of the Arusha Peace and Reconciliation Agreement for Burundi, signed on 28 August 2002 after a process of political negotiations.

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.

Protocol II, Chapter I, Article 7: The Executive

1.(a) The Constitution shall provide that, save for the very first election of a President, the President of the Republic shall be elected by direct universal suffrage in which each elector may vote for only one candidate. The President of the Republic shall be elected by an absolute majority of the votes cast. If this majority is not obtained in the first round, a second round shall follow within 15 days.

(b) Only the two candidates who have received the greatest number of votes during the first round may stand in the second round. The candidate who receives the majority of votes cast in the second round shall be declared the President of the Republic.

(c) For the first election, to be held during the transition period, the President shall be indirectly elected as specified in article 20, paragraph 10 below.

2. The President of the Republic shall exercise regulatory power and shall ensure the proper enforcement and administration of legislation. She/he shall exercise her/his powers by decrees, countersigned, where required, by a Vice-President or a minister concerned.

3. She/he shall be elected for a term of five years, renewable only once. No one may serve more than two presidential terms.

4. In the exercise of her/his functions, the President of the Republic shall be assisted by two Vice-Presidents. They shall be appointed by the President of the Republic, who shall previously have submitted their candidacy for approval by the National Assembly and the Senate, voting separately, by a majority of their members. The President of the Republic may dismiss the Vice-Presidents. They shall belong to different ethnic groups and political parties.

5. The President of the Republic, after consultation with the two Vice-Presidents, shall appoint the members of the Government and terminate their appointments.

6. Parties or coalitions thereof shall be invited, but not obliged, to submit to the President a list of persons to serve as ministers if such parties or coalitions have received more than one-twentieth of the vote. They shall be entitled to at least the same proportion, rounded off downwards, of the total number of ministers as their proportion of members in the National Assembly. If the President dismisses a minister, she/he must choose a replacement from a list submitted by the party or coalition of the minister in question.

7. The President of the Republic shall be the Head of State and Commander-in-Chief of the defence and security forces. She/he shall declare war and sign armistices following consultation with the Government and the bureaux of the National Assembly and of the Senate.

8. The President of the Republic may be impeached for serious misconduct, impropriety or corruption by resolution of two-thirds of the members of the National Assembly and the Senate sitting together.

9. The President of the Republic may be charged only with the crime of high treason. The case shall be heard by the Supreme Court and the Constitutional Court sitting together and presided over by the President of the Supreme Court.

10. The Supreme Court shall receive a written statement of the assets and property of the President, the Vice-Presidents and members of the Government when they assume and relinquish office.

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.

2. The administration shall be so structured, and all civil servants shall so perform their duties, as to serve all users of public services with efficiency, courtesy, impartiality and equity. Embezzlement, corruption, extortion and misappropriation of all kinds shall be punishable in accordance with the law. Any state employee convicted of corruption shall be dismissed from the public administration following a disciplinary inquiry.

3. The administration shall be organized in ministries, and every minister in charge of a ministry shall report to the President of the Republic and to the National Assembly on the manner in which the ministry performs its functions and utilizes the funds allocated to it.

4. The administration shall be broadly representative and reflect the diversity of the components of the Burundian nation. The practices with respect to employment shall be based on objective and equitable criteria of aptitude and on the need to correct the imbalances and achieve broad representation.

5. A law shall specify the distinction between posts that are career or technical posts and those that are political posts.

6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.

7. An independent Ombudsperson shall be created by the Constitution. The organization and functioning of her/his service shall be determined by law.

8. The Ombudsperson shall hear complaints and conduct inquiries relating to mismanagement and infringements of citizens’ rights committed by members of the public administration and the judiciary, and shall make recommendations thereon to the appropriate authorities. She/he shall also mediate between the administration and citizens and between administrative departments, and shall act as an observer of the functioning of the public administration.

9. The Ombudsperson shall possess the powers and resources required to perform her/his duty. She/he shall report annually to the National Assembly and the Senate. Her/his report shall be published in the Official Gazette of Burundi.

10. The Ombudsperson shall be appointed by the National Assembly by a three-quarters majority. The appointment shall be subject to confirmation by the Senate.

Protocol I, Chapter II:

Preamble:

1. To ensure that a constitutional text for the people of Burundi is drafted during the transition period that is in conformity with the principles set forth in Chapter I of the present Protocol, and to ensure that such a text is adopted and brought into force in accordance with the time-frames and procedures herein, in conformity with a vision of democracy and good governance and the principles listed hereunder.

Article 5:

General political measures:

1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.

5. Adoption of constitutional provisions embodying the principle of separation of powers (executive, legislative and judicial), pursuant to the provisions of Protocol II to the Agreement.

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.

6. Enactment of an electoral law that takes into account the concerns and interests of all components of the nation on the basis of the provisions of Protocol II to the Agreement. Arusha, Protocol II, Chapter I, Article 4: Political parties

1. The multiparty system shall be recognized in the Republic of Burundi.

2. Political parties may be formed freely in conformity with the law.

3. A political party shall be a non-profit association uniting citizens around a democratic blueprint for society founded on national unity, and having a political programme with precise objectives dictated by the desire to serve the public interest and ensure the development of all citizens.

4. Political parties must comply with democratic principles in their organization and functioning, be open to all Burundians and be national in character and leadership, and shall not promote ethnic, regional or religious violence and hatred.

5. Political parties – and coalitions of political parties – shall promote the free expression of suffrage and shall participate in political life by peaceful means.

6. For the purposes of promoting democracy, a national law may authorize the financing of political parties on an equitable basis in proportion to the number of seats they hold in the National Assembly. Such financing may apply both to the functioning of the political parties and to electoral campaigns, and shall be transparent. The law shall define the types of subsidies, benefits and facilities that the State may grant political parties.

7. Registration of political parties shall fall within the competence of the Ministry of the Interior.

8. The law shall guarantee non-interference by the public authorities in the internal functioning of political parties, save for such restrictions as may be necessary for the prevention of ethnic hatred and the maintenance of public order.

9. Political parties may form coalitions during elections in accordance with the electoral law.

Protocol II, Chapter I: Article 5: Elections

1. The right to vote shall be guaranteed.

2. Elections shall be free, fair and regular in accordance with the electoral law and the law governing political parties.

3. Elections shall be organized impartially at the national, commune and colline levels and at other levels prescribed by the Constitution or by law.

4. Until amended in accordance with the post-transition Constitution, the rules relating to the electoral system shall be the same as those governing the elections for institutions at the national, commune and colline levels to be held during the transition period.

5. An Independent National Electoral Commission constituted in conformity with the provisions of article 20 of the present Protocol shall guarantee the freedom, impartiality and independence of the electoral process.

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.

2. The administration shall be so structured, and all civil servants shall so perform their duties, as to serve all users of public services with efficiency, courtesy, impartiality and equity. Embezzlement, corruption, extortion and misappropriation of all kinds shall be punishable in accordance with the law. Any state employee convicted of corruption shall be dismissed from the public administration following a disciplinary inquiry.

3. The administration shall be organized in ministries, and every minister in charge of a ministry shall report to the President of the Republic and to the National Assembly on the manner in which the ministry performs its functions and utilizes the funds allocated to it.

4. The administration shall be broadly representative and reflect the diversity of the components of the Burundian nation. The practices with respect to employment shall be based on objective and equitable criteria of aptitude and on the need to correct the imbalances and achieve broad representation.

5. A law shall specify the distinction between posts that are career or technical posts and those that are political posts.

6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.

7. An independent Ombudsperson shall be created by the Constitution. The organization and functioning of her/his service shall be determined by law.

8. The Ombudsperson shall hear complaints and conduct inquiries relating to mismanagement and infringements of citizen’s rights committed by members of the public administration and the judiciary, and shall make recommendations thereon to the appropriate authorities. She/he shall also mediate between the administration and citizens and between administrative departments, and shall act as an observer of the functioning of the public administration.

9. The Ombudsperson shall possess the powers and resources required to perform her/his duty. She/he shall report annually to the National Assembly and the Senate. Her/his report shall be published in the Official Gazette of Burundi.

10. The Ombudsperson shall be appointed by the National Assembly by a three-quarters majority. The appointment shall be subject to confirmation by the Senate.

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

The Commission shall bring to light and establish the truth regarding the serious acts of violence committed during the cyclical conflicts which cast a tragic shadow over Burundi from independence (1 July 1962) to the date of signature of the Agreement, classify the crimes and establish the responsibilities, as well as the identity of the perpetrators and the victims. However, the Commission shall not be competent to classify acts of genocide, crimes against humanity and war crimes;

(b) Arbitration and reconciliation

The Burundian crisis is a profound one: the task of reconciliation will be long and exacting. There are still gaping wounds which will need to be healed.

To this end the Commission shall, upon completion of its investigations, propose to the competent institutions or adopt measures likely to promote reconciliation and forgiveness, order indemnification or restoration of disputed property, or propose any political, social or other measures it deems appropriate.

In this context, the transitional National Assembly may pass a law or laws providing a framework for granting an amnesty consistent with international law for such political crimes as it or the National Truth and Reconciliation Commission may find appropriate;

(c) Clarification of history

The Commission shall also be responsible for clarifying the entire history of Burundi, going as far back as possible in order to inform Burundians about their past. The purpose of this clarification exercise shall be to rewrite Burundi’s history so that all Burundians can interpret it in the same way.

2. Membership of the commission

(a) Source

Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women’s organizations, or may stand as individual candidates.

(b) Appointing body

Members of the Commission shall be appointed by the transitional Government in consultation with the Bureau of the transitional National Assembly.

(c) Profile and selection of candidates

Members of the Commission must show probity, integrity and ability to rise above divisions of all kinds. In the selection of candidates, balance must be taken into account, and the following criteria shall apply:

i. Age of members: at least 35 years;

ii. Level of education: at least a full secondary education certificate or equivalent.

3. Functioning of the Commission

The Commission must have the leeway to work independently, inter alia through autonomy in managing the material and financial resources to be allocated to it.

The Commission shall, whenever necessary, propose additional reconciliation mechanisms, and shall be free to set up sub-commissions as appropriate.

The public authorities shall have the obligation to do their utmost to enable the Commission to accomplish its mission without hindrance, by providing it with sufficient material, technical and financial resources.

4. Duration

The Commission shall conduct its work over a two-year period. At the end of two years, the appropriate transitional institutions shall assess the work done, and may decide on an extension for one year.

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.

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.

3. The Judiciary shall be so structured as to promote the ideal that its composition should reflect that of the population as a whole.

4. The courts and tribunals shall operate in Kirundi and the other official languages. Laws shall be enacted and published in Kirundi and the other official languages.

5. The Constitution shall provide for a Supreme Court of Burundi. Its Rules of Procedure, composition and chambers, and the organization of its chambers, shall be determined by an organic law.

6. The judges of the Supreme Court shall be appointed by the President from a list of candidates nominated by the Judicial Service Commission and approved by the National Assembly and the Senate.

7. There shall be a National Department of Public Prosecutions attached to the Supreme Court; its members shall be appointed in the same manner as the judges of the Supreme Court.

8. The other courts and tribunals recognized in the Republic of Burundi shall be the Court of Appeal, the High Courts, the Resident Magistrates’ Courts and such other courts and tribunals as are provided for by law. The Ubushingantahe Council shall sit at the level of the colline. It shall administer justice in a conciliatory spirit.

9. The President of the Court of Appeal, the presidents of the High Courts, the public prosecutors and the state counsels shall be appointed by the President of the Republic following nomination by the Judicial Service Commission and confirmation by the Senate.

10. The Government, within the limits of its resources, shall ensure that magistrates possess the desired qualifications and necessary training for the performance of their duties, and that the resources needed by the Judiciary are made available to it.

11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.

12. A Judicial Service Commission with an ethnically balanced composition shall be established. It shall be made up of five members nominated by the Executive, three judges of the Supreme Court, two magistrates from the National Department of Public Prosecutions, two judges from the resident magistrates’ courts and three members of the legal profession in private practice. The judges, magistrates and members of the legal profession shall be chosen by their peers. All members of the Commission shall be approved by the Senate.

13. The Commission shall have a secretariat. It shall be chaired by the President of the Republic, assisted by the Minister of Justice. It shall meet on an ad hoc basis. Its members who are not members of the Judiciary shall not be construed as members of the Judiciary solely because they are members of this oversight commission.

14. The Judicial Service Commission shall be the highest disciplinary body of the magistracy. It shall hear complaints by individuals, or by the Ombudsperson, against the professional conduct of magistrates, as well as appeals against disciplinary measures and grievances concerning the career of magistrates. No magistrate may be dismissed other than for professional misconduct or incompetence, and solely on the basis of a finding by the Judicial Service Commission.

15. Trials shall be public except where the interests of justice or a compelling public interest require otherwise. Judgements shall be reasoned and shall be handed down in public.

16. Magistrates shall be appointed by decree of the President on the proposal of the Judicial Service Commission. The presidents of resident magistrates’ courts shall be appointed in the same manner except that the nominees shall be proposed to the President after obtaining the approval of the Senate.

17. The Constitutional Court shall be the highest court for constitutional matters. Its jurisdictions shall be those set forth in the 1992 Constitution. The organization of the Court shall be laid down in an organic law. Reference is made for this purpose to the elements contained in Chapter II of the present Protocol.

18. The members of the Constitutional Court, seven in number, shall be appointed by the President of the Republic and confirmed by the Senate by a two-thirds majority. They shall have a term of office of six years non-renewable. The first Constitutional Court shall be that established under Chapter II of the present Protocol for the transition period. The members shall have the qualifications set forth in Chapter II of the present Protocol.

19. Matters shall be referred to the Constitutional Court by the President of the Republic, the President of the National Assembly or the President of the Senate, by petition by one quarter of the Members of the National Assembly or one quarter of the Members of the Senate, or by the Ombudsperson. In addition, every natural person with a direct interest in the matter, as well as the Public Prosecutor, may request the Constitutional Court to rule on the constitutionality of laws, either directly by means of an action or by an exceptional procedure for claiming unconstitutionality raised in a matter which concerns that person before an authority.

20. The Constitutional Court may sit validly only if at least five of its members are present.

21. Decisions of the Constitutional Court shall be taken by an absolute majority of its members, except that the President of the Court shall have a casting vote if the Court is evenly split on any matter.

22. The Constitutional Court shall be competent to:

(a) Rule on the constitutionality of adopted laws and regulatory acts;

(b) Rule on the constitutionality of executive action;

(c) Interpret the Constitution and rule on vacancies in the posts of President of the Republic and President of the National Assembly if a dispute arises in regard thereto;

(d) Rule on the regularity of presidential and legislative elections;

(e) Administer the oath to the President of the Republic before she/he assumes office;

(f) Verify the constitutionality of organic laws before their promulgation, and of the Rules of Procedure of the National Assembly before their application;

(g) Rule on any other matters expressly provided for in the Constitution.

Protocol II, Chapter 2,

Article 17: Judicial and administrative reforms

1. Within 30 days of the commencement of the transition period, a commission of the transitional National Assembly in which all the parties are represented shall be established to monitor the reforms of the public administration and of the administration of justice and to submitrecommendations thereon to the transitional National Assembly and the transitional Executive.

2. The transitional National Assembly may for purposes of reforming the judicial sector amend by two-thirds majority any existing law, including the provisions of the 1992 Constitution, dealing with the structure and functioning of the Supreme Court.

3. For purposes of improving the judicial services in Burundi, the transitional Government shall implement the following reforms:

(a) The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;

(b) So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period, training colleges for employees of the judicial system shall be created, accelerated training shall be promoted, and the status and the internal promotion of magistrates shall be improved;

(c) Existing legislation relating to the organization of the Judiciary, the codes of criminal and civil procedure and the map of judicial jurisdiction shall be reviewed;

(d) All legislation shall be made available in Kirundi;

(e) Respect for the law shall be promoted;

(f) Steps shall be taken to discourage corruption, to denounce officials guilty of corruption, to enforce all legislation related to corruption, to establish effective oversight bodies, to improve working conditions in the judicial sector and to take necessary measures to require civil servants to reportinstances of corruption;

(g) The necessary measures shall be taken, including those specified in Protocol I to the Agreement, to deal with the problem of impunity and take any other steps required to ensure that any travesties of justice are dealt with or re-opened;

(h) The judicial sector shall be given the necessary resources so as to discharge its responsibilities impartially and independently.

4. Any appointment to the Judiciary required by Chapter I of the present Protocol to be made by the President shall, during the transition, be made by the transitional President and Vice-President in consultation with the Minister of Justice.

5. Any appointment to the Judiciary required by Chapter I of the present Protocol to be submitted for approval or confirmation to the National Assembly or the Senate shall, during the transition period, be required to be approved or confirmed by the transitional National Assembly by two-thirds majority.

6. There shall be a Constitutional Court possessing the jurisdiction and functions set forth in the 1992 Constitution of the Republic of Burundi.

7. The Constitutional Court shall be made up of seven members, two of whom shall be permanent (the President and Vice-President). They shall be appointed by the President of the Republic, subject to confirmation by the transitional National Assembly by a majority of two-thirds. Three of these judges shall be appointed for a period of three years only, and shall be replaced in the manner provided for in the post-transition Constitution. The remaining four shall be appointed for six years beginning at the commencement of the transition. The appointments shall be made within one month of the commencement of the transition. Judges of the Constitutional Court shall be persons of moral integrity and shall have legal training or experience. A member of a standing court must be amongst the nominees.

8. The Constitutional Court may sit validly only if at least five of its members, including its President or Vice-President, are present.

9. Decisions of the Constitutional Court shall be taken by an absolute majority of its members, except that the President of the Court shall have a casting vote if the Court is evenly split on any matter.

10. International co-operation and legal assistance will be required by the transitional Government to assist it in improving and reforming the legal system. Foreign jurists, including former Burundian nationals living outside the country, shall be requested to assist in the reform of the judicial system. The transitional Government may appoint any such persons to judicial positions so as to promote confidence in the Judiciary.

11. Members of the public administration, including local government and the diplomatic corps, shall be so appointed by the transitional Executive as to ensure that imbalances observed in these sectors are corrected. The Government may appoint a commission with expert participation to assist it in making appointments.

12. Provincial governors and commune administrators shall be appointed by the President, subject to confirmation by the transitional National Assembly. They shall be natives of the territorial entity placed under their authority. They shall be civilians.

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.

2. An organic law shall determine the organization and functioning of the defence and security forces.

3. The military head of the defence force shall be appointed by the President, subject to confirmation by the Senate.

4.

(a) The defence and security forces shall be subordinate to the civil authority of the State, and shall uphold the Constitution and the law.

(b) The defence and security forces shall be professional and non-partisan, and shall not promote or disadvantage any political party or ethnic group.

(c) The defence and security forces shall be trained at all levels to respect international humanitarian law and the supremacy of the Constitution.

(d) For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d’état.

(e) No civilian shall be subject to a military code of justice or tried by a military court.

5. Only the President may authorize the employment of the defence and security forces:

(a) In defence of the State;

(b) In the restoration of order and public safety;

(c) In the discharge of international obligations and commitments.

If the defence and security forces are employed in any of the capacities set forth above, the President shall promptly inform the National Assembly and the Senate of the nature, extent and reasons for this employment. If the National Assembly is not in session it shall be convened within seven days for the consideration of such matter, as specified in Protocol III to the Agreement.

Protocol III, Chapter II,

Article 11: Principles of organization of the defence and security forces

1. The defence and security forces shall consist of a national defence force, a national police and an intelligence service, all established in conformity with the Constitution.

2. The defence and security forces shall be subordinate to civilian authority in respect for the Constitution, the law and the regulations.

3. The defence and security forces shall be open to all Burundian citizens without discrimination.

4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.

5. Organic laws shall determine the creation, organization, training, conditions of service and functioning of the defence and security forces.

6. Within the limits determined by the Constitution and the laws, only the President may authorize the use of armed military force:

(a) In defence of the State;

(b) In the restoration of order and public safety;

(c) In the discharge of international obligations and commitments.

7. When the national defence force is utilized in one of the cases referred to in paragraph 6 above, the President shall officially consult the authorized competent bodies and shall promptly inform the Legislature, in detail, of:

(a) The reason or reasons for the use of the national defence force;

(b) Any location where that force is deployed;

(c) The period for which that force is deployed.

8. If the Legislature is not in session, the President shall convene it in special session within seven days from the use of the national defence force.

9. The defence and security forces shall respect the rights and dignity of their members in the context of the normal constraints of discipline and training.

10. The members of the defence and security forces shall have the right to be informed of the socio-political life of the country and to receive civic education.

Protocol III, Chapter II,

Article 12: Missions of the defence and security forces

1. Missions of the national defence force

The missions of the national defence force shall be:

(a) To ensure the integrity of the national territory and the sovereignty of the country;

(b) To combat any armed aggression against the institutions of the Republic;

(c) To intervene exceptionally in the maintenance of public order at the formal request of the authorized civilian authority;

(d) To participate in assistance activities in case of natural disasters;

(e) To contribute to the development of the country through major works, production and training;

(f) To defend the vital points.

Protocol III, Chapter II,

Article 13: Structure of the defence and security forces

1. Structure of the national defence force

The transitional Government shall be responsible for deciding upon the structure of the national defence force.

Protocol III, Chapter II,

Article 14: Composition of the defence and security forces

1. Composition of the national defence force

(a) There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.

(b) The national defence force shall include members of the Burundian armed forces and combatants of the political parties and movements in existence at the time of restructuring of the army, as well as other citizens who wish to enlist.

(c) After the signature of the Agreement, the combatants of the political parties and movements, as well as the existing national defence force, shall be placed under the authority of the transitional Government.

(d) A technical committee consisting of representatives of the Burundian armed forces and combatants of the political parties and movements, as well as of an external military advisory and training group, shall be established by decision of the transitional Government to implement the procedures for the establishment of the national defence force.

(e) Members of the Burundian armed forces found guilty of acts of genocide, coups d’etat, violation of the Constitution and human rights and war crimes shall be excluded from the national defence force. Combatants of the political parties and movements found guilty of the same offences shall also not be accepted into the national defence force.

(f) Recruitment into the national defence force shall be conducted in a transparent manner, individually, voluntarily and on the basis of personal merit, physical fitness, moral and professional qualifications and potential.

(g) For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d’etat.

Protocol III, Chapter II,

Article 15: Size of the defence and security forces

1. Size of the national defence force

(a) The following criteria shall be used to determine the strength of the national defence force:

i. Potential internal and external threats;

ii. The economic and financial resources of the country;

iii. The budget allocated to the defence and security forces;

iv. The defence policy of the country.

(b) The transitional Government, in consultation with the technical committee, shall determine the size of the national defence force.

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.

2. Correction of the imbalances in the defence and security forces shall be approached progressively in the spirit of reconciliation and trust in order to reassure all Burundians.

3. Correction of the imbalances shall be achieved during the transition period through the integration into the current defence and security forces of the combatants of the political parties and movements and through the recruitment of other Burundian citizens.

4. For purposes of rapid reduction of the command-level imbalances, accelerated training of commissioned and non-commissioned officers from among the combatants of the political parties and movements shall be conducted in Burundi and abroad as soon as the transition period commences.

Protocol III, Chapter II,

Article 17: Recruitment

1. Recruitment shall be conducted in accordance with the following criteria:

(a) Transparency;

(b) Voluntary service;

(c) Age;

(d) Personal record and level of training;

(e) Medical tests of physical and intellectual aptitude.

2. Recruitment criteria based on educational level shall be determined by the transitional Government.

3. A national commission shall be assigned responsibility for selecting candidates for all levels of the national defence force and national police, taking care to ensure the necessary ethnic balance.

Protocol III, Chapter II,

Article 18: Training

1. The defence and security forces shall have technical, moral and civic training. This training shall include the culture of peace, aspects of conduct relating to the democratic multi-party political system, human rights and humanitarian law.

2. Decentralization of the centres for training police constables, rank and file troops and noncommissioned officers shall be undertaken.

Protocol III, Chapter II,

Article 19: Organic laws, regulatory texts and disciplinary system

For the defence and security forces, organic laws, regulatory texts and disciplinary rules in conformity with the relevant provisions of the Agreement shall be adopted

Protocol III, Chapter II,

Article 20: Names of the defence and security forces

1. The name of the defence force shall be decided upon by the transitional Government.

Pretoria Protocol on Political, Defence and Security Power Sharing in Burundi (8 October 2003)

I. The Burundi National Defence Force

1.3 Formation of the Burundi National Defence Force (BNDF)

1.3.1 The integrated General Staff and the Officer Corps, shall be composed of 60% officers selected from the governmental army and 40% officers from the FDD.

1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size of each party and of the agreed balance.

1.3.3 On proposal of the integrated General Staff, the government shall determine;

– The structure of the Burundi National Defence Force

– The size of the army and

– Composition of the officer corps.

1.3.4 The allocation of command posts shall be on the basis of ethnic balance (50-50) as stipulated in the Arusha Peace and Reconciliation Agreement.

1.3.5 The President of the Republic of Burundi undertakes to give expression to this arrangement through a Presidential decree.

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

2.0 Burundi National Defence Force (BNDF)

2.1 The Name

The new-armed force shall be called The Burundi National Defence Force (BNDF)

2.2 Roles and Principles:

a. Roles

(1) To defend the territorial integrity and national sovereignty of Burundi.

(2) To repulse any armed aggression directed against the institutions of the Republic.

(3) To intervene in exceptional circumstances in the maintenance of public order, on the formal request of the competent civil authority.

(4) To participate in rescue and assistance missions in the event of national disasters.

(5) To contribute towards the development of the country with regard to major production and training activities.

(6) To protect strategic and vital national installations.

(7) To participate in peace support operations under the auspices of the United Nations (UN), the African Union (AU) or the Regional Organisations when the Government is ready to participate.

b. Principles

(1) The BNDF shall be:

-Governed by the laws and regulations of the country

-At the disposal of the government, subordinate to its authority and accountable to the legislature.

(2) The BNDF shall be non-partisan.

(3) Members of the BNDF shall not be affiliated to political parties or any other organisation of a Political nature. They shall neither take part in activities nor demonstrations of political parties or organisations.

(4) Members of the BNDF may exercise their civil right to vote in elections.

2.3 Command, Control and Supervision

(a) The BNDF shall be placed under the control and supervision of competent civil authority.

(b) The President of the Republic shall be the Commander-in-Chief of the BNDF.

(c) The National Defence Forces shall be placed under the Ministry of National Defence.

(d) The BNDF shall be under the direct command and control of the Chief of General Staff (CGS).

2.4.0 Size, Composition, Structure and Organization

Upon a proposal of the Integrated chief of staff, the Government will determine the structure of the NDF, the total size and composition of the officer corps.

2.4.1 Size

The size of the BNDF shall be determined by:

-Potential internal and external threats.

-Financial and economic means of the country.

-Defence Doctrine/Policy

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).

2.4.3 Structure

The structure of the NDF is determined by the Government upon a proposal of the Integrated Chief of Staff

2.4.4 Organization

The National Defence Force

a. Force Employing

The Supreme Commander (SC) shall be responsible for force employment

b. Functions of the CGS

(1) The CGS shall have the following functions;

-Implement decisions of the government.

-Command, control and administration of the National Defence Force.

-Co-ordiante the activities of the services and lower echelons.

-Liaison at the administrative level, between the BNDF as an institution and the Government through the Minister of National Defence.

c. Force Preparation

The Chief of General Staff assisted by his deputy and service heads shall be in charge of force preparation in accordance with requirements of specified missions.

2.4.5 Military Career

a. Principle

Military career shall be exercised either under contract or permanent terms. Details of terms and conditions of Service to be determined according to the rules and regulations.

b. Rank Structure

FAB rank structure shall be used in the New National Defence Force. In the interim the ranks of members of all signatories shall be recognized until a sub commission of the JCC responsible for the evaluating the ranks of the individuals makes a ruling.

c. Service

The service history of all members from FAB, CNDD-FDD and armed political parties shall be verified.

2.5.0 Training of the BNDF

2.5.1 Policy

-The general training policy aimed at upgrading the professional level of the National Defence Force shall be done according to the doctrine that will be adopted.

-The integrated National Defence Force shall undergo training for the purpose of standardizing skills, techniques, procedures and regulations.

-Leadership and specialist training may be conducted in or outside Burundi.

2.5.2 Training of Immediate Concern

-Training of immediate need to the selected members, will be the ˜Bridging Training”. This will take into account the experience and training already received by individuals from the integrating forces. The training will be carried out in selected training institutions.

-Special emphasis shall be placed on civic and moral education.

Part II: Formation of the Burundi National Defence Force

1.0 The Process

1.1.1 The Burundi National Defence Force shall be formed under the supervision of IMC, AMIB and JCC.

1.1.2 The following steps will be carried out in the formation of the BNDF:

a. Disengagement and separation of forces

This shall be conducted under the supervision of the AMIB and JCC in accordance with the provisions of the CFA of 02 December 2002 in conjunction with the parties concerned (Transitional Government of Burundi and CNDD-FDD).

b. Cantonment and DDRR Process

(1) The cantonment and DDRR processes shall be conducted under the supervision of the AMIB and the JCC in conjunction with all the parties concerned and supporting international organizations. Cantonment should not be an end in itself, but rather a function of verification, military integration and demobilization activities, i.e. a place where these activities are completed as quickly as possible so that the peace process can be consolidated and demobilised soldiers can get back to civilian life.

(2) All necessary data for planning and conducting programmes concerning cantonment and DDRR shall be immediately provided by all the parties to relevant bodies.

(3) All concerned stakeholders shall establish a joint Operational Plan to implement the DDRR programmes according to agreed time frame.

(4) The Movement of forces of all the parties shall be conducted in accordance with the provisions of the 02 December 2002 CFA, names Article 1.1.6 and 1.1.7 of Annexure 1.

c. Integration Process

(1) Criteria for the selection of Servicemen in the BNDF.

The Selection of servicemen to constitute the BNDF by each party and those to be demobilized shall be carried out in the cantonment sites. Service to constitute the National Defence force should meet the following criteria:

Officers shall:

-Be volunteers

-Service as offices

-Be Burundian Nationals

-Be physically fit

-Have a degree or experience as officer

(2) The war wounded and handicapped shall, however, remain eligible for Army service, according to their specializations, unlike the disable servicemen who shall be demobilized but assisted. This shall apply to all categories of servicemen.

Non-Commissioned officers shall:

-Be volunteers.

-Service as Non-commissioned officers.

-Burundian National

-Physically fit

-Have a high school qualification or experience as non-commissioned officer.

-Soldiers

-Be volunteers.

-Be servicing as Servicemen or combatants.

– Be Burundian National

-Be Physically fit

-Have a primary school qualification or experience as a soldier.

2.0 Power sharing in the Defence and Security Forces

2.1 National Defence Force

2.1.1 The Integrated Chief of Staff and the officer corps will consist of 60% of officers from the government army and 40% of officers from the CNDD-FDD

The sharing of posts will take place on the level of the incumbents and deputies.

The post of Deputy Chief of Staff General will be created.

The sharing of posts take place on the base of the current structure of the Burundi Armed Forces in accordance with the proportions agreed on.

2.1.2 The Integrated Chief of Staff determines the composition of the non-commissioned ranks, taking into account members of each party and the balances agreed on.

2.1.3 The allocation of command posts will also take place on the basis of the principle of ethnic balance (50/50) as stipulated in the Arusha Agreement for Peace and Reconciliation in Burundi.

2.1.4 The President of the Republic will confirm and officalise the stipulations of this FTA through a presidential decree.

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;

c. To ensure respect for the laws and other regulations for whose enforcement they are directly responsible;

d. To ensure the physical protection of persons and their property;

e. To ensure the protection of infrastructures and public property;

f. To relieve and assist persons in danger or in distress;

g. To intervene in case of catastrophe or disaster;

h. To develop various civil defence scenarios;

i. To ensure road safety throughout the national territory;

j. To ensure protection of public gatherings at the request of those involved, on orders from the administrative authorities, or on their own initiative;

k. To ensure the missions of the judicial and administrative police;

l. To ensure protection of the courts and tribunals;

m. To deal with criminal cases of major importance, such as economic crimes and cases attributable to roving delinquents or groups organized at the national or international level;

n. To produce and make use of crime statistics;

o. To deal with the policing of immigration and emigration and the status of aliens;

p. To monitor the movements of aliens throughout the national territory;

q. To keep watch on the land, lake and air borders;

r. To issue travel documents and residence permits;

s. To ensure protection of the institutions.

Protocol III, Chapter II: Article 13

2. Structure of the national Police

a. The national police shall be coordinated within one Ministry, i.e., the one responsible for public security.

b. Its structure shall be:

(i) First level: Since the Ministry is responsible for public security, the head shall be a member of the Government;

(ii) Second level: A national police headquarters responsible for coordinating all the police forces. It shall be headed by a director-general with administrative skills and knowledge of police techniques;

(iii) Third level: Departments: each department shall represent a specialized area of police work.

This structure is illustrated in Annex II to the Agreement.

Protocol III, Chapter II,

Article 14

2. Composition of the national police

a. There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.

b. The national police shall include members of the current national police, combatants of the political parties and movements and other citizens who meet the requirements.

c. A technical committee comprising representatives of the existing police force and the political parties and movements and of external advisors and instructors on police issues shall be established by decision of the transitional Government to implement the procedures for the establishment of the national police.

d. All persons, including current members of the police force and combatants of the political parties and movements, found guilty of genocide, the coup d’état of 21 October 1993, human rights violations or war crimes shall be excluded from the national police.

e. Not more than 50% of the members of the national police shall be drawn from any one particular ethnic group, with a view to achieving the necessary balances and preventing acts of genocide or of coup d’état.

Protocol III, Chapter II: Article 15

2. Size of the national police

(a) The following criteria shall be used to determine the strength of the national police:

i. Surface area of the country;

ii. Population;

iii. Population density;

iv. Urbanization level;

v. Economic resources;

vi. Crime level;

vii. Budgetary allocation.

(b) The transitional Government, in consultation with the technical committee, shall determine the size of the national police.

Protocol III, Chapter II: Article 18: Training

2. Decentralization of the centres for training police constables, rank and file troops and non-commissioned officers shall be undertaken.

Pretoria Protocol on Outstanding Political, Defence and Security Power Sharing Issues in Burundi (8 October 2003)

Part I: 3.0 Burundi National Police (BNP):

3.1 Name

The Burundi Police Force shall be called the ‘Burundi National Police (BNP)’

3.2 Roles and Functions

a. The Public Security Police

(1) Ensure respect for laws and regulations.

(2) Ensure physical protection of people and their property.

(3) Help and provide assistance to people in danger or distress.

(4) Intervene in the case of tragedies or calamities.

(5) Foresee various scenarios for civil protection.

(6) Maintaining and re-establishing public order.

(7) Ensure the protection of public infrastructure and property.

(8) Ensure road security over the whole territory.

(9) Ensure the protection of public meetings upon the request of the parties concerned, upon instruction of the administrative authorities or on each own initiative when there is need.

(10) Ensure the protection of the institutions.

b. The Judicial Police (JP)

(1) Prevent crimes, search and prosecute their perpetrators and carry out arrests in accordance with the law.

(2) Ensure the missions of the judicial and administrative police.

(3) Ensure the protection of the courts and tribunals.

(4) Handling criminal affairs of great importance, like economic crimes, crimes by itinerant criminals or groups organized on a national or international level.

(5) Establish statistics on crime and use them.

(6) Ensure the Interpol service.

c. The Police of the Air, Borders and Foreigners (PAFE)

(1) Handling immigration, emigration and the status of foreigners;

(2) Controlling the movements of foreigners on the whole national territory.

(3) Guarding land, lake and air boarders.

(4) Providing traveling documents and residential permits.

d. The Prison Police (PP)

(1) Ensure the security of the prison and detainees.

(2) Ensure the safety of the police camp

(3) Ensure the escorting of the detainees going to court and the various jurisdictions.

(4) Provide security of detainees during the production work.

(8) Ensure escorting of prisoners during transfers.

(9) Ensuring the guarding of hospitalized prisoners.

(10) Ensuring the escorting of detainees during medical care or when leaving the prison with permission.

3.3 Principles

a. The Burundi National Police shall be:

-Governed by the laws and regulations of the country.

-At the disposal of the government, subordinate to its authority and accountable before the law.

b. The Burundi National Police shall be non-partisan.

c. Members of the Burundi National Police shall not be affiliated to political parties or any other organisation of a political nature. They shall neither take part in activities nor demonstrations of political parties or organisations.

d. Members of the Burundi National Police may exercise their civil right to vote.

3.4 Command, Control and Supervision

a. The National Police Force shall be placed under the supervision of the competent civil authorities.

c. The National Police Fore shall be placed under a Ministry charged with responsibility of Public Security.

d. The National Police Force shall be under the direct command and control of the Director General of Police.

3.5 Size, Composition, Structure and Organization

3.5.1 Size

a. The size of the Burundi National Police shall be determined by the following factors:

(1) The Internal Security situation

(2) The different roles and functions to be carried out

(3) The Burundi population

(4) The economic and financial means

(5) The budget allocated to the National Police.

(6) The permeability of the borders.

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)).

3.5.3 Structure

The structure of the National Police is determined by the Government of Burundi upon a proposal of the Integrated Chief of Staff of the NP.

3.5.4 Police Service

a. Principle

Police service shall be exercised either under contract or permanent terms. Details of terms and conditions of service will be set in accordance with rules and regulations.

b. Rank Structure

(1) The current Police rank structure shall be used in the National Police Force.

(2) Entry point and the equating of ranks for members of FAB, CNDD-FDD and other armed political groups to be integrated into police shall be decided by a sub-committee of the JCC.

3.5.5 Training of the National Police Force

a. Policy

(1) The general training policy aimed at upgrading the National Police shall be based on the police doctrine.

(2) Each element of the force selected to constitute the Police Force shall undergo training for the purpose of:

-Acquiring and standardizing skills, techniques, aptitudes, procedures and regulations

-Achieving harmonious integration of servicemen.

b. Training of Immediate Concern

-Members selected to join the police from FAB, FDD and other political parties will receive accelerated training to enable them [to] work together.

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.

3. Demobilization shall involve both the members of the Burundian armed forces and the combatants of the political parties and movements.

4. Lists of people to be demobilized shall be compiled.

5. Members to be demobilized shall be provided with some form of appropriate identification.

6. Demobilization criteria and a demobilization package shall be drawn up.

7. The categories of people to be demobilized shall be:

(a) Volunteers;

(b) Those members who are handicapped or disabled;

(c) Those who do not meet the age criteria;

(d) Those whose discipline is such that they cannot be retained within the new defence and security forces;

(e) Individuals whose educational level is such that they would not be able to undergo military or police training;

(f) Members of the Burundian armed forces and combatants of the political parties and movements who will be rationalized to yield efficient and affordable defence and security forces.

8. An organ to deal with the socio-professional reintegration of demobilized troops shall be established.

9. A technical committee to work out the programme and modalities of demobilization shall be set up.

10. The international community shall be requested to assist in the process of demobilization.

11. Following the demobilization process, a certificate shall be issued to demobilized troops.

12. Each demobilized person shall receive a demobilization allowance.

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

1.4. Demobilisation

1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force terms of the Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.14 of the December 2002 Ceasefire Agreement.

1.4.2 The demobilization and integration of these combatants will be progressive, bearing In mind social stability and affordability. The Government shall oversee this process through the Minister of State and the Minister of Defence.

1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi. The Government of Burundi shall oversee this process

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.

Protocol III, Chapter III: Article 26: General principles

1. The following principles are agreed upon:

(i) The parties shall undertake to locate, identify, disarm, and assemble all armed groups in the country;

(k) Mechanisms for dismantling and disarming all militias and disarming civilians holding arms illegally shall be established;

Protocol III, Chapter III,

Article 27: Verification and supervision

1. Ceasefire Commission

(d) The Ceasefire Commission shall be responsible, among other things, for:

(ix) Undertaking the disarmament of all illegally armed civilians;

4. Peace and security functions

(a) The peace and security functions of the Ceasefire Commission shall be:

(iii) To ensure the search for and recovery of all arms, the neutralization of militias throughout the country and the disarming of the civilian population;

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

Part II: Formation of the Burundi National Defence Force

1.0 The Process

1.1.2 b. Cantonment and DDRR Process

(1) The cantonment and DDRR processes shall be conducted under the supervision of the AMIB and the JCC in conjunction with all the parties concerned and supporting international organizations. Cantonment should not be an end in itself, but rather a function of verification, military integration and demobilization activities, i.e. a place where these activities are completed as quickly as possible so that the peace process can be consolidated and demobilised soldiers can get back to civilian life.

(2) All necessary data for planning and conducting programmes concerning cantonment and DDRR shall be immediately provided by all the parties to relevant bodies.

(3) All concerned stakeholders shall establish a joint Operational Plan to implement the DDRR programmes according to agreed time frame.

(4) The movement of forces of all the parties shall be conducted in accordance with the provisions of the 02 December 2002 CFA, namely Article 1.1.6 and 1.1.7 of Annexure 1.

Indicative Time-table for the Implemenation of the Global Ceasefire Agreement:

Disarming of the militia is a responsibility of the Transitional Government of Burundi AMIB Time-table D Day +18

Protocol V: Guarantees on Implementation of the Agreement

8. Reintegration Commission

(a) The organ provided for in article 21, paragraph 8 of Protocol III to the Agreement, hereinafter referred to as the Reintegration Commission shall have the role of organizing, supervising, monitoring and ensuring the effective economic and social reintegration of the troops and combatants who, as a result of the demobilization process carried out in conformity with article 21 of Protocol III to the Agreement, have become civilians.

(b) The Reintegration Commission shall consist of representatives of the Government, the United Nations and the Organization of African Unity. It shall be chaired by the Government.

(c) The Reintegration Commission shall commence its activities on the day of its establishment. These activities must be completed before the commencement of the electoral process.

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;

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

Protocol III, Chapter III: Article 25:

2. (c) Release of all the political prisoners, closure of all the forced regroupment camps and respect for civil and political rights and freedoms shall take place from the date of signature of the Agreement

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:

(k) Mechanisms for dismantling and disarming all militias and disarming civilians holding arms illegally shall be established;

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

1. The rights and duties proclaimed and guaranteed inter alia by 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 shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.

2. All citizens shall have rights and obligations.

3. Human dignity shall be respected and protected.

4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.

5. No person shall be arbitrarily dealt with by the State or its organs.

6. All women and men shall have the right to life.

7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.

8. No one shall be held in slavery or servitude. Slavery and the slave trade shall be prohibited in all their forms.

9. The State shall to the extent possible ensure that all citizens have the means to lead an existence consistent with human dignity.

10. All women and men shall have the right to respect for their private and family life, residence and personal communications.

11. There shall be freedom of marriage, including the right to choose one’s partner. Marriage shall be entered into only with the free and full consent of the intending spouses.

12. The family, as the fundamental unit of society, shall be entitled to protection by society and the State.

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

14. Freedom of assembly and association shall be guaranteed, as shall freedom to form non-profit-making associations or organizations in conformity with the law.

15. All Burundian citizens shall have the right to move and settle freely anywhere in the national territory, as well as to leave it and return to it.

16. No one shall be arbitrarily deprived of her/his nationality or denied the right to change it.

17. No one may be denied access to basic education. The State shall organize public education, and shall develop and promote access to secondary and post-secondary education.

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.

19. Property rights shall be guaranteed for all women and men. Compensation that is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with a law which shall also set forth the basis of compensation.

20. The right to form and join trade unions and to strike shall be recognized. The law may regulate the exercise of these rights and prohibit certain categories of persons from going on strike.

21. Everyone shall have the right, in judicial or administrative proceedings, for her/his case to be dealt with equitably and decided within a reasonable time limit. Everyone shall have the right to due process and a fair trial.

22. No one may be deprived of her/his liberty other than in conformity with the law.

23. The State shall be under an obligation to promote the development of the country, especially rural development.

24. Each individual shall have the duty to respect and show consideration for her/his fellow citizens without any discrimination.

25. All citizens shall be required to discharge their civic obligations, and to defend their homeland.

26. Every child shall have the right to special measures to protect or promote her/his care, welfare, health and physical security, and to be protected from maltreatment, abuse or exploitation.

27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict.

28. No child shall be detained except as a measure of last resort, in which case the child may be detained only for the shortest appropriate period of time and shall have the right to be kept separately from detained persons over the age of 16 years and to be treated in a manner, and kept in conditions, that take account of her/his age.

29. Any restriction of a fundamental right must have a legal basis; it must be justified by the public interest or by the protection of another person’s fundamental right; it must be proportional to the objective pursued.

30. Fundamental rights must be respected throughout the legal, administrative and institutional order. The Constitution shall be the supreme law and must be upheld by the Legislature, the Executive and the Judiciary. Any law that is not in conformity with the Constitution shall be invalid.

Protocol III, Chapter I,

Article 8: Protection of the inalienable rights of the human person

It is the duty of the State:

1. To protect the inalienable rights of the human person, starting with the right to life and including the rights to freedom, security, work, education and freedom of expression, and all other rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;

2. To prohibit and punish violations of the inalienable rights of the human person;

3. To institute a proactive policy aimed at promoting human rights through education and training of the population, including all political and technical officials.

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.

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.

2. The term “sinistras” designates all displaced, regrouped and dispersed persons and returnees.

Protocol IV, Chapter I, Article 2: Principles governing return, resettlement and reintegration

1. The Government of Burundi shall encourage the return of refugees and sinistras and resettle and reintegrate them. It shall seek the support of other countries and international and non-governmental organizations in carrying out this responsibility.

2. It shall respect the following principles:

(a) All Burundian refugees must be able to return to their country;

(b) Refugees no longer in their first country of asylum are entitled to the same treatment as other returning Burundian refugees;

(c) Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;

(d) The reception mechanisms must be put in place in advance of the return;

(e) Returnees must have their rights as citizens and their property restored to them in accordance with the laws and regulations in force in Burundi after the entry into force of the Agreement;

(f) All sinistras wishing to do so must be able to return to their homes;

(g) Specific conditions must be provided for sinistras who believe that they can no longer return to their property, so as to enable them to return to normal socio-professional life;

(h) In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.

Protocol IV, Chapter I, Article 3: Preparatory activities

The Government shall undertake the following preparatory activities:

1. Establishing and constituting a National Commission for the Rehabilitation of Sinistras (CNRS), which shall have the mandate of organizing and coordinating, together with international organizations and countries of asylum, the return of refugees and sinistras, assisting in their resettlement and reintegration, and dealing with all the other issues listed in the report of Committee IV. To this end, it shall draw up a plan of priorities. The members of the CNRS shall be drawn inter alia from the participating parties and the Government of Burundi, and shall elect the Commission’s chairperson;

2. Establishing and constituting a Sub-Commission of the CNRS with the specific mandate of dealing with issues related to land as set out in article 8 (j) of the present Protocol;

3. Convening, in collaboration with the countries of asylum and the Office of the United Nations High Commissioner for Refugees, the Tripartite Commissioner, involving in it representatives of the refugees and international observers;

4. Requesting international organizations and the host countries concerned to conduct a gender and ago disaggregated census of the refugees, including the old caseload refugees (1972);

5. Conducting a multi-dimensional census of the sinistras;

6. Organizing information and awareness campaigns for refugees and sinistras as well as visits to their places of origin;

7. Undertaking information and awareness campaigns on the mechanisms for peaceful coexistence and return to collines of origin;

8. Setting up reception committees where they do not yet exist. The role of these committees shall be to receive and provide support services for all the sinistrés returning to their homes, ensure their security and assist them in organizing their socio-economic reintegration.

Protocol IV, Chapter I, Article 4: Guidelines governing resettlement and integration

The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistras in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:

1. To ensure the socio-economic and administrative reintegration of the sinistras;

2. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;

3. To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;

4. To settle all those who believe that they cannot yet return on sites close to home, in order to enable them to go and till their fields initially and return to their land later on;

5. To encourage, to the extent possible, grouped housing in the reconstruction policy in order to free cultivable land;

6. To ensure equity in the distribution of resources between the ethnic groups on the one hand and the provinces on the other, and to avoid overlap between the various parties involved;

7. To promote the participation of the population in the resettlement activities;

8. To help returnees to recover the property and bank accounts left in Burundi before their exile and whose existence has been duly proven;

9. To offer intensive language courses for returnees to mitigate the language problems;

10. To assist returnees in other areas such as medical services, psycho-social support, social security and retirement, education of children and the equivalency of diplomas awarded outside Burundi.

Protocol IV, Chapter I, Article 6: Other actions

Any other action decided upon by the CNRS in accordance with the priority plan and in the light of available resources may be taken.

Protocol IV, Chapter I, Article 7: Access and safety of international personnel

The Government shall allow international organizations and international and local non-governmental organizations unrestricted access to returnees and other sinistras for purposes of the delivery of humanitarian assistance. It must guarantee the safety of the staff of such organizations and must also facilitate the provision of short-term aid for repatriation, appropriately supervised and without discrimination.

Protocol IV, Chapter I, Article 8: Issues relating to land and other property

To resolve all issues relating to land and other property, the following principles and mechanisms shall be applied:

1. Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law, which shall also set out the basis of compensation;

2. All refugees and/or sinistras must be able to recover their property, especially their land;

3. If recovery proves impossible, everyone with an entitlement must receive fair compensation and/or indemnification;

4. Refugees who do not return may receive a just and equitable indemnification if their land had been expropriated without prior indemnification and in contravention of the principle set out in sub-paragraph (a) of the present article;

5. The policy with respect to distribution of State-owned land shall be reviewed so that priority can be given to the resettlement of sinistras;

6. An inventory of destroyed urban property shall be drawn up with a view to making it habitable in order to redistribute it or return it as a priority to the original owners;

7. A series of measures shall be taken in order to avoid subsequent disputes over land, including the establishment of a register of rural land, the promulgation of a law on succession and, in the longer term, the conduct of a cadastral survey of rural land;

8. The policy of distribution or allocation of new lands shall take account of the need for environmental protection and management of the country’s water system through protection of forests;

9. Burundi’s Land Act must be revised in order to adjust it to the current problems with respect to land management;

10. The Sub-Commission on Land established in accordance with article 3 (b) of the present Protocol shall have the specific mandate of:

(a) Examining all cases of land owned by old caseload refugees and state-owned land;

(b) Examining disputed issues and allegations of abuse in the (re)distribution of land and ruling on each case in accordance with the above principles;

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.

2. The term “sinistras” designates all displaced, regrouped and dispersed persons and returnees.

Protocol IV, Chapter I, Article 2: Principles governing return, resettlement and reintegration

1. The Government of Burundi shall encourage the return of refugees and sinistras and resettle and reintegrate them. It shall seek the support of other countries and international and non-governmental organizations in carrying out this responsibility.

2. It shall respect the following principles:

(a) All Burundian refugees must be able to return to their country;

(b) Refugees no longer in their first country of asylum are entitled to the same treatment as other returning Burundian refugees;

(c) Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;

(d) The reception mechanisms must be put in place in advance of the return;

(e) Returnees must have their rights as citizens and their property restored to them in accordance with the laws and regulations in force in Burundi after the entry into force of the Agreement;

(f) All sinistras wishing to do so must be able to return to their homes;

(g) Specific conditions must be provided for sinistras who believe that they can no longer return to their property, so as to enable them to return to normal socio-professional life;

(h) In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.

Protocol IV, Chapter I, Article 3: Preparatory activities

The Government shall undertake the following preparatory activities:

1. Establishing and constituting a National Commission for the Rehabilitation of Sinistras (CNRS), which shall have the mandate of organizing and coordinating, together with international organizations and countries of asylum, the return of refugees and sinistrés, assisting in their resettlement and reintegration, and dealing with all the other issues listed in the report of Committee IV. To this end, it shall draw up a plan of priorities. The members of the CNRS shall be drawn inter alia from the participating parties and the Government of Burundi, and shall elect the Commission’s chairperson;

2. Establishing and constituting a Sub-Commission of the CNRS with the specific mandate of dealing with issues related to land as set out in article 8 (j) of the present Protocol;

3. Convening, in collaboration with the countries of asylum and the Office of the United Nations High Commissioner for Refugees, the Tripartite Commissioner, involving in it representatives of the refugees and international observers;

4. Requesting international organizations and the host countries concerned to conduct a gender and ago disaggregated census of the refugees, including the old caseload refugees (1972);

5. Conducting a multi-dimensional census of the sinistras;

6. Organizing information and awareness campaigns for refugees and sinistras as well as visits to their places of origin;

7. Undertaking information and awareness campaigns on the mechanisms for peaceful coexistence and return to collines of origin;

8. Setting up reception committees where they do not yet exist. The role of these committees shall be to receive and provide support services for all the sinistrés returning to their homes, ensure their security and assist them in organizing their socio-economic reintegration.

Protocol II, Chapter I, Article 3:

1. The rights and duties proclaimed and guaranteed inter alia by 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 shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.

4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.

6. All women and men shall have the right to life.

7. All women and men shall have the right to personal freedom, including mental integrity, and to freedom of movement. Torture and any other inhuman, degrading treatment or punishment shall be prohibited. Everyone right to be free from violence from either public or private sources.

10. All women and men shall have the right to respect for their private and family life, residence and personal communications.

11. There shall be freedom of marriage, including the right to choose one’s partner. Marriage shall be entered into only with the free and full consent of the intending spouses.

19. Property rights shall be guaranteed for all women and men. Compensation that is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with a law which shall also set forth the basis of compensation.

Protocol IV, Chapter II, Article 13:

(d) Initiation of tangible actions for the advancement of women;

Protocol IV, Chapter III, Article 16:

(i) Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;

Protocol II, Chapter I, Article 3:

1. The rights and duties proclaimed and guaranteed inter alia by 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 shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.

26. Every child shall have the right to special measures to protect or promote her/his care, welfare, health and physical security, and to be protected from maltreatment, abuse or exploitation.

27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict.

28. No child shall be detained except as a measure of last resort, in which case the child may be detained only for the shortest appropriate period of time and shall have the right to be kept separately from detained persons over the age of 16 years and to be treated in a manner, and kept in conditions, that take account of her/his age.

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.

12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.

13. Transparency and fairness in non-competitive and competitive examinations.

14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.

Protocol IV Reconstruction and Development Chapter III

Economic and Social Development

Article 15: Principal objectives

The Government shall endeavour to correct the imbalances in distribution of the country’s limited resources and to embark on the path of sustainable growth with equity. It shall set itself the following principal objectives:

(b) Providing all children with primary and secondary education at least to the age of 16;

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:

Physical reconstruction and political reconstruction must be mutually supportive. Political reconstruction is aimed at making national reconciliation and peaceful coexistence possible, and must be directed towards the establishment of the rule of law. In this context, the following programmes and measures shall be undertaken:

(h) Provision of support for independent media.

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)).

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.

21. Legislation and structures for combating financial crime and corruption (tax legislation, customs legislation, legislation on public markets, etc.).

22. Recovery of State property plundered by some citizens.

23. Introduction of incentives for economic development in the context of fairness and harmony.

24. Development of the private sector by means of incentives with a view to creating new jobs and reducing the burden and pressures on the public sector.

Protocol IV, Chapter I, Article 3:

(b) Establishing and constituting a Sub-Commission of the CNRS with the specific mandate of dealing with issues related to land.

Protocol IV, Chapter III, Article 8:

(c) If recovery proves impossible, everyone with an entitlement must receive fair compensation and/or indemnification.

(e) The policy with respect to distribution of State-owned land shall be reviewed so that priority can be given to the resettlement of sinistres.

(g) A series of measures shall be taken in order to avoid subsequent disputes over land, including the establishment of a register of rural land, the promulgation of a law on succession and, in the longer term, the conduct of a cadastral survey of rural land;

(h) The policy of distribution or allocation of new lands shall take account of the need for environmental protection and management of the country’s water system through protection of forests;

(i) Burundi’s Land Act must be revised in order to adjust it to the current problems with respect to land management;

(j) The Sub-Commission on Land established in accordance with article 3 (b) of the present Protocol shall have the specific mandate of:

(i) Examining all cases of land owned by old caseload refugees and state-owned land;

(ii) Examining disputed issues and allegations of abuse in the (re)distribution of land and ruling on each case in accordance with the above principles;

(k) The Sub-Commission on Land must, in the performance of its functions, ensure the equity, transparency and good sense of all its decisions. It must always remain aware of the fact that the objective is not only restoration of their property to returnees, but also reconciliation between the groups as well as peace in the country.

Protocol IV, Chapter III, Article 14: Development programme

The transitional Government shall launch a long-term economic and social development programme. With the support of international agencies, it shall begin work on remedying the economic situation, reversing the trends resulting from the crisis, particularly the intensification of poverty, and taking up the challenges that impede economic development.

Protocol IV, Chapter III, Article 15: Principal objectives

The Government shall endeavour to correct the imbalances in distribution of the country’s limited resources and to embark on the path of sustainable growth with equity. It shall set itself the following principal objectives:

(a) Increasing rural and urban household income;

(b) Providing all children with primary and secondary education at least to the age of 16;

(c) Reducing the infant mortality rate by at least half;

(d) Giving the entire population access to health care;

(e) Improving the well-being of the population in all areas.

Protocol IV, Chapter III, Article 16: Guidelines governing development

In pursuit of these objectives, the Government shall follow the guidelines set out hereunder on the basis of the measures specified in the report of Committee IV (see Annex IV):

(a) Working towards macro-economic and financial stabilization;

(b) Attempting to solve the problem of external and domestic public debt;

(c) Initiation of structural reforms in the social sectors;

(d) Creation of an environment conducive to the expansion of the private sector;

(e) Efforts to create new jobs and compliance with the criteria of equity and transparency in employment;

(f) Ensuring good governance in the management of public affairs;

(g) Rendering operational the Court of Audit established under the provisions of Chapter I of Protocol II to the Agreement;

(h) Transformation of the communes into focal points for development and promotion of greater public access to State services by means of a decentralization policy;

(i) Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;

(j) Initiation of Burundi’s integration into the region;

(k) Equitable apportionment of the benefits of development.

Protocol IV, Chapter III, Article 17: Implementation

1. For the implementation of the reconstruction and development measures, an Inter-Ministerial Reconstruction and Development Unit shall be created to which the Ministries of Planning, Finance and Reintegration shall second personnel. Support for this Unit shall be sought from the World Bank, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees, the European Commission and others. It shall have the following mandate:

(a) Preparation, within six weeks of the signing of the peace agreement, of an emergency reconstruction plan that will set the priorities for reconstruction and provide an initial estimate of costs. In preparing this plan, the National Commission for the Rehabilitation of Sinistres shall be consulted and invited to submit proposals. This emergency plan shall also serve as the basis for discussion at a donor conference;

(b) Subsequently, preparation of a detailed reconstruction plan covering the transition period as set forth in Chapter II of Protocol II to the Agreement;

(c) At the same time, preparation of a medium- and long-term development plan.

2. The three plans shall be submitted to the National Assembly for approval. They will be guided by the measures proposed by Committee IV (see Annex IV, chapters II and III) while adapting the priorities in response to developments in the situation and bearing in mind opportunities for financing.

3. Donors will be involved in the work of the Unit, and may request an international auditing company to monitor all financial operations and accounts that may be established.

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:

(a) Adopt the present Protocol as the supreme law without any amendments to the substance of the Agreement;

(b) Repeal the provisions of any legislation which prevent free political activity, or which would hinder the implementation of the present Protocol;

(c) Pending the installation of a transitional Government adopt such legislation as is necessary for the granting of temporary immunity against prosecution for politically motivated crimes committed prior to the signature of the Agreement.

Protocol V, Chapter 1, Article 9: Financial guarantees

Implementation of all the reforms and programmes contained in the Agreement will require financial support from donors. In this context, the Facilitator, in coordination with the Implementation Monitoring Committee and the transitional Government, shall take the necessary steps for a donors’ conference to be convened to raise funds for the reconstruction of Burundi.

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

1. The transition period shall commence from the time that the conditions necessary for installing the transitional Government in accordance with the applicable instruments have been met, which shall be as soon as possible after three months, and in any event not later than six months, from the date of signature of the Agreement. The Implementation Monitoring Committee alone shall determine this date, and may bring it forward if it decides that the necessary conditions exist. Until the transition period commences, all parties shall meet their obligations under the Agreement to establish or co-operate in establishing the agreed legal and institutional framework. The implementation Monitoring Committee, established as set forth in Protocol V, shall be the mechanism for guaranteeing compliance with the Agreement.

2. The transition period shall culminate upon the election of the new President. The presidential election shall take place after the first democratic election of the National Assembly. Both elections shall take place within 30 months of the commencement of the transition period.

Protocol II, Chapter II, Article 14: Political parties during the transition

1. The transitional National Assembly shall within twelve months of its installation adopt a law setting forth the qualifications and procedure for registration of political parties.

Protocol II, Chapter II, Article 15: Transitional institutions

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.

Protocol II, Chapter II, Article 17: Judicial and administrative reforms

1. Within 30 days of the commencement of the transition period, a commission of the transitional National Assembly in which all the parties are represented shall be established to monitor the reforms of the public administration and of the administration of justice and to submit recommendations thereon to the transitional National Assembly and the transitional Executive.

Protocol II, Chapter II, Article 20: Elections

1. Elections at the commune level and at the national level shall be held during the transition period in accordance with the provisions and within the time-frames set forth in the present Protocol.

5. The transitional National Assembly shall within 12 months and by a two-thirds majority adopt a law regarding electoral rules.

Arusha, Protocol II, Chapter II, Article 22: Interim period

(b) Within 60 days of signature, a document nominating the members representing the participating party in the transitional National Assembly.

4. The transitional President and Vice-President shall within 60 days of the signature of the Agreement submit to the Implementation Monitoring Committee a list identifying the members of the Cabinet.

5. Starting one month after the signature of the Agreement, the Implementation Monitoring Committee shall continuously review whether the conditions for the installation of a transitional Government have been met, and may direct the Government or any Party or participating party to undertake any steps which would enable those conditions to be met. It alone shall fix the date on which the transitional National Assembly and transitional Government shall be installed, and may postpone such date, provided the final date is not later than six months after the signature of the Agreement.

Indicative Timetable for the Implementation of the Global

Signing of the FTA

The parties, The Facilitation, The Regional, Initiative, African Union, United Nations (D Day = 2, November 2003)

Effective ceasefire

The parties (D Day + 7)

Implementation of the JCC and Joint Military Units

The parties (TGoB & CNDD-FDD), United Nations (D Day + 7)

Deployment of observers of the African Mission on the Burundi territory

AMIB, JCC (D Day + 7)

Disengagement of forces

The parties, AMIB, JCC (D Day + 7)

Establishment of the new Transitional Government of Burundi

Current Transitional Government of Burundi and the CNDD-FDD (D Day +21)

Confinement and cantonment to barracks

The new Government, AMIB and JCC (D Day +18)

Disarming of the militia

The Transitional Government of Burundi, AMIB (D Day +18)

Control of heavy weapons by AMIB

AMIB (D Day+18)

Establishment of Integrated Chiefs of Staff (NDF, PN, SNR)

The new Transitional Government of Burundi (Day D +21)

Beginning of training of the first Joint Military Units

The new Transitional Government of Burundi, AMIB, JCC (D Day +25)

Beginning of integration and DDRR

The new Transitional Government of Burundi, AMIB, JCC (D Day +30)

Beginning of training of the other units to constitute the NDF, NP and NIS

The new Transitional Government of Burundi, AMIB, JCC (D Day + 80)

Completion of the establishment of the NDF, NP and NIS

The parties, AMIB, Facilitation Regional Initiative (D Day +365)

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.

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.

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;

РThe National Commission for the Rehabilitation of Sinistr̩s;

(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.

Protocol III, Chapter III: Article 27:

5. International peacekeeping force

The mandate of the peacekeeping force referred to in article 8 of Protocol V to the Agreement shall be to verify implementation of the provisions contained in this Chapter. In addition to its verification function, the force may be requested by the Ceasefire Commission to provide assistance and support to the implementation process, as appropriate.

Protocol V: Chapter I: Article 8: Peacekeeping

Immediately following the signature of the Agreement, the Burundian Government shall submit to the United Nations a request for an international peacekeeping force in conformity with and for the purposes set forth in article 27, paragraph 5 of Protocol III to the Agreement. Account must be taken of United Nations practice in this respect. This force shall be responsible inter alia for:

(a) Ensuring respect for the ceasefire;

(b) Supervising integration;

(c) Providing technical support for demobilization aid and training;

(d) Ensuring protection of the institutions and of any public figure who so wishes;

(e) Assisting in the establishment and training of an ethnically balanced special unit for the protection of the institutions.

Pretoria Protocol II (2 November 2003)

2.2. 2.2 Roles and Principles

a.7. To participate in peace support operations under the auspices of the United Nations (UN), the African Union (AU) or the Regional Organisations when the Government is ready to participate.

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:

1. The African mission shall be responsible for monitoring and verifying the ceasefire. Prior to this process, joint liaison teams shall be set up which shall function at the national, provincial and local levels.

2. The African mission shall create the organs and mechanisms for monitoring and verifying the ceasefire. It shall draw up its own rules of procedure.

Annex 1 to the Burundi Ceasefire Agreement (2 December 2002)

A. Stages of the ceasefire

1.1 Phase I

1.1.4 Deployment of the African mission.

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.