Verification/Monitoring Mechanism: Arusha Peace and Reconciliation Agreement for Burundi

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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.

Detailed Implementation Timeline: Arusha Peace and Reconciliation Agreement for Burundi

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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)

Donor Support: Arusha Peace and Reconciliation Agreement for Burundi

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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.

Ratification Mechanism: Arusha Peace and Reconciliation Agreement for Burundi

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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.

Economic and Social Development: Arusha Peace and Reconciliation Agreement for Burundi

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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.

Minority Rights: Arusha Peace and Reconciliation Agreement for Burundi

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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)).

Media Reform: Arusha Peace and Reconciliation Agreement for Burundi

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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.

Education Reform: Arusha Peace and Reconciliation Agreement for Burundi

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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;