Demobilization: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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

Police Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Military Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Judiciary Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Dispute Resolution Committee: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Truth or Reconciliation Mechanism: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Civil Administration Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Electoral/Political Party Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Constitutional Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.

Executive Branch Reform: Arusha Peace and Reconciliation Agreement for Burundi

Written by

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.