Arusha Peace and Reconciliation Agreement for Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Arusha Peace and Reconciliation Agreement for Burundi
Date
28/08/2000
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict (Burundian Civil War (1993-2005)
The conflict had an ethnic base between Hutu and Tutsi populations, and is one of a set of regionally connected conflicts also addressed n the Great Lakes process. Since independence in 1972, the Burundian political landscape has been polarised and marked by ethnic-based tensions, political assassinations and large-scale violence. For the following two decades, three Tutsi military regimes associated with the Union for National Progress (UPRONA) ruled the country. During these military dictatorships, numerous waves of mass violence resulted from the attempts of various opposition rebels groups to destabilise the three regimes, and the regimes’ use of violence to repress these attempts. Despite a wave of hope in the early 1990’s, Burundi entered a decade-long civil war in 1993 following the assassination of Burundi’s first democratically elected president, Melchior Ndadaye, from the ethnically-Hutu Front for Democracy in Burundi (FRODEBU) by Tutsi opposition in the military.
In 1998 the Arusha Peace Talks commenced and in August 2000, international pressure resulted in the signing of the Arusha Peace and Reconciliation Agreement for Burundi. However, the National Council for the Defense of Democracy (CNND) did not sign. Additionally, and Party for the Liberation of Hutu People (Palipehutu) did not participate in negotiations. These outsiders continued sporadic violence until 2008. In 2015, a new wave of political violence is taking place after President Nkurunziza, from the CNDD-FDD which has been in power since 2005, won a contested third-mandate.
Burundian Civil War (1993-2005) )
Stage
Framework/substantive - comprehensive (Agreement)
Conflict nature
Government
Peace process
16: Burundi: Arusha and related peace process
Parties
- The Government of Republic of Burundi,
- The National Assembly,
- The Alliance Burundo-Africaine pour le Salut (ABASA),
- The Alliance Nationale pour le Droit et le Développement (ANADDE),
- The Alliance des Vaillants (AV-INTWARI),
- The Conseil National pour la Défense de la Démocratie (CNDD),
- The Front pour la Démocratie au Burundi (FRODEBU),
- The Front pour la Libération Nationale (FROLINA),
- The Parti Socialiste et Panafricaniste (INKINZO),
- The Parti pour la Libération du Peuple Hutu (PALIPEHUTU),
- The Parti pour le Redressement National (PARENA),
- The Parti Indépendant des Travailleurs (PIT),
- The Parti Libéral (PL),
- The Parti du Peuple (PP),
- The Parti pour la Réconciliation du Peuple (PRP),
- The Parti Social-Démocrate (PSD),
- The Ralliement pour la Démocratie et le Développement Economique et Social (RADDES),
- The Rassemblement du Peuple Burundais (RPB)
- and The Union pour le Progrès National (UPRONA)

Page 8-12, SIGNATORY PARTIES:
- For the Government of Burundi: Mr. Ambroise NIYONSABA, Minister for the Peace Process
- For the National Assembly: Hon. Léonce NGENDAKUMANA, Speaker of the National Assembly
- For ABASA: Amb. Térence NSANZE, Chairman
- For ANADDE: Prof. Patrice NSABABAGANWA, Chairman
- For AV-INTWARI: Prof. André NKUNDIKIJE, Chairman
- For CNDD: Mr. Léonard NYANGOMA, Chairman
- For FRODEBU: Dr. Jean MINAN, Chairman
- For FROLINA: Mr. Joseph KARUMBA, Chairman
- For INKINZO: Dr. Alphose RUGAMBARARA, Chairman
- For PARENA: H. E. Jean-Baptiste BAGAZA, Chairman
- For PIT: Prof. Nicéphore NDIMURUKUNDO, Chairman
- For PL: Mr. Gaëtan NIKOBAMYE, Chairman
- For PP: Mr. Shadrack NIYONKURU, Chairman
- For PRP: Mr. Mathias HITIMANA, Chairman
- For PSD: Mr. Godefroy HAKIZIMANA, Chairman
- For RADDES: Mr. Joseph NZEYIMANA, Chairman
- For RPB: Mr. Balthazar BIGIRIMANA, Chairman
- For UPRONA: Mr. Libère BARARUNYERETSE Chairman




Third parties
Page 3, Untitled Preamble:
...
In the presence of:
- H. E. Mr. Nelson Rolihlahla Mandela, Facilitator,
- H. E. General Gnassingbé Eyadéma, President of the Republic of Togo and current Chairman of the Organization of African Unity,
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania,
- H. E. Frederick J. T. Chiluba, President of the Republic of Zambia,
- H. E. Major-General Paul Kagame, President of the Republic of Rwanda,
- H. E. Laurent Désiré Kabila, President of the Democratic Republic of the Congo,
- H. E. Meles Zenawi, Prime Minister of the Republic of Ethiopia,
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- H. E. Dr. Boutros Boutros Ghali, Secretary-General of the International Organization of la Francophonie, and
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation,

Page 13-14, COSIGNATORIES:
- H. E. Mr. Nelson Rolilhalha Mandela, Facilitator;
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon.Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation
Description
This is a very lengthy agreement which aims to be binding in nature and setting out specific obligations. It contains six protocols addressing the following matters: I. Nature of the conflict, problems of genocide; II. Democracy and Good Governance; III. Peace and Security for All; Protocol IV. Reconstruction and Development; V. Guarantees on the implementation of the Agreement. It also contains five explanatory annexes covering I. Pledge by participant parties; II. Structure of the National Police Force; III. Ceasefire agreement; IV. Report of Committee; V. Implementation Timetable.

Agreement document
BI_000828_Arusha Peace and Reconciliation Agreement for Burundi.pdf []

Groups

Children/youth
Rhetorical
Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
Cultural principles and measures
26. Education of the population, particularly of youth, in positive traditional cultural values such as solidarity, social cooperation, forgiveness and mutual tolerance, Ibanga (discretion and sense of responsibility), Ubupfasoni (respect for others and for oneself) and Ubuntu (humanism and character).

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
The causes of the violence and security in Burundi are:
The colonial period
...
2. A discriminatory system which did not offer equal educational access to all Burundian youths from all ethnic groups.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 6 - Consequences of the insecurity and violence:
The most serious consequences of the insecurity and violence are:
(a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 69-70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
1. Ceasefire means the cessation of:
...
(c) 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;

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
(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;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 10 - Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Concerned also about the negative impact of the conflict on Burundian women and children,
Substantive
Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
...
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.
...
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.

Page 26-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.
...
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.

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(b) 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;
...
(j) 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.

Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
(a) 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;

Page 84, 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;
(c) Reducing the infant mortality rate by at least half;

Page 84, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, 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):
...
(i) Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;
Disabled persons
Rhetorical
Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 6 Consequences of the insecurity and violence:
The most serious consequences of the insecurity and violence are:
(a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 68, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 21 - Demobilization:
...
7. The categories of people to be demobilized shall be:
...
(b) Those members who are handicapped or disabled;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 10 - Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.
Anti-discrimination
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 3, Untitled Preamble:
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 15-16, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER I: NATURE AND HISTORICAL CAUSES OF THE CONFLICT, Article 1:
Precolonial period
1. During the precolonial period, all the ethnic groups inhabiting Burundi owed allegiance to the same monarch, Umwami, believed in the same god, Imana, had the same culture and the same language, Kirundi, and lived together in the same territory. Notwithstanding the migratory movements that accompanied the settlement of the various groups in Burundi, everyone recognized themselves as Barundi.
2. The existence of Bashingantahe who came from among the Baganwa, the Bahutu and the Batutsi and were judges and advisors at all levels of power was, inter alia, a factor in promoting cohesion.
3. As a result of the mode of management of national affairs, there were no known ethnic conflicts between the various groups during this period.
4. Nevertheless, certain traditional practices such as Ukunena, Ukwihutura, Ubugeregwa, Ubugabire, Ukunyaga, Ukwangaza, Ugutanga ikimazi-muntu, Ugushorerwako inka and others could, depending on the circumstances, constitute sources of injustice and of frustration both among the Bahutu and the Batutsi and among the Batwa.

Page 16, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER I: NATURE AND HISTORICAL CAUSES OF THE CONFLICT, Article 2:
Colonial Period
1. The colonial administration, first German and then Belgian under a League of Nations mandate and United Nations trusteeship, played a decisive role in the heightening of frustrations among the Bahutu, the Batutsi and the Batwa, and in the divisions which led to ethnic tensions.
2. In the context of a strategy of «divide and rule», the colonial administration injected and imposed a caricatured, racist vision of Burundian society, accompanied by prejudices and clichés relating to morphological considerations designed to set the different components of Burundi’s population against one another on the basis of physical characteristics and character traits.
3. It also introduced an identity card which indicated ethnic origin, thus reinforcing ethnic awareness to the detriment of national awareness. This also enabled the colonizer to accord specific treatment to each ethnic group in accordance with its theories.
...
6. On the eve of independence the colonizer, sensing that its power was threatened, intensified divisionist tactics and orchestrated socio-political struggles. However, the charismatic leadership of Prince Louis Rwagasore and his colleagues made it possible for Burundi to avoid political confrontation based on ethnic considerations and enabled it to attain independence in peace and national harmony.

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER I: NATURE AND HISTORICAL CAUSES OF THE CONFLICT, Article 3 - Post Colonial Period:
...
3. Nevertheless, without prejudice to the results and conclusions of the International Judicial Commission of Inquiry and National Truth and Reconciliation Commission to be established pursuant to Chapter II of the present Protocol in order to shed light on these phenomena, the Parties recognize that acts of genocide, war crimes and other crimes against humanity have been perpetrated since independence against Tutsi and Hutu ethnic communities in Burundi.

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER I: NATURE AND HISTORICAL CAUSES OF THE CONFLICT, Article 4 - Nature of the Burundi Conflict:
...
With regard to the nature of the Burundi conflict, the Parties recognize that:
(a) The conflict is fundamentally political, with extremely important ethnic dimensions;

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.
2. A reorganization of the State institutions to make them capable of integrating and reassuring all the ethnic components of Burundian society.

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 2 - General Principles:
1. Burundi shall be a sovereign independent nation, united but respecting its ethnic and religious diversity and recognizing the Bahutu, the Batutsi and the Batwa, who make up the one nation of Burundi.

Page 55-56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
The causes of the violence and security in Burundi are:
The colonial period
1. The breaking apart of the pre-colonial political and administrative equilibrium among the Baganwa, the Batutsi and the Bahutu triggered off by the implementation of the administrative reforms of the 1930s which resulted in the dismissal from their administrative positions of most of the Hutu chiefs and some of the Tutsi chiefs.
2. A discriminatory system which did not offer equal educational access to all Burundian youths from all ethnic groups.
...
The post-colonial period
...
7. The unbridled struggle for power which, following the principle that «the end justifies the means», resulted in recourse to violence and the deliberate manipulation of ethnic sentiments as legitimate methods of access to and retention of power.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 7 - Victims of the insecurity and violence:
The main victims of the insecurity and violence are:
...
(b) Individuals, groups, and categories of the population, both Hutu and Tutsi, targeted on account of their beliefs or political affiliation and on the basis of their ethnic origin.
Anti-discrimination
Page 25, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 35, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.
Substantive
Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Political principles and Measures:
...
6. Promotion of a national inter-ethnic resistance front to combat genocide, war crimes and other crimes against humanity, as well as generalization and collective attribution of guilt.

Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
...
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
4. Deliberate promotion of disadvantaged groups, particularly the Batwa, to correct the existing imbalances in all sectors. This exercise shall be conducted, while maintaining professionalism and avoiding the quota system, in accordance with a timetable starting at the same time as the transition period.
...
Principles and measures relating to the defence and security forces
...
17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.

Page 29, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 4 - Political parties:
...
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.
...
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.

Page 31-32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post- transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly’s Bureau shall have a multiparty character, while the Senate’s Bureau shall be of a multi-ethnic character.
...
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.
15. ... The Senate may co-opt up to three members of the Batwa group so as to ensure representation of this community.
...
18. The Senate shall ensure that commune councils in general reflect the ethnic diversity of their constituencies; if the composition of any Commune Council does not do so, it may order the co-optation of persons by the Commune Council from an underrepresented ethnic group to that Council, provided that no more than one-fifth of the Council may consist of such co-opted persons. The persons to be co-opted shall be identified by the Senate from a list of names supplied to it by the Commune Council or by any colline chief within the commune.

Page 33, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.

Page 38, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 11 - Defence and security forces:
...
4.
...
(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.

Page 40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 14 - Political parties during the transition:
...
5. In order to promote national renewal, reconciliation and unity, no party shall be registered if it is established on the basis of ethnic or regional exclusivity. This sub-clause shall take effect nine months after the commencement of the transition period, in order to enable parties whose names or constitution do not satisfy this requirement to duly amend them so as to comply.

Page 41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
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;

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
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;

Page 47-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
4.
...
(f) To ensure through appropriate rules that parties do not operate in a manner that incites ethnic violence or is otherwise not in conformity with the present Protocol;
8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multiethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
...
13.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 53, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
3. The institutions have the primary duty to guarantee:
...
(c) The protection of all the ethnic communities of the population through specific mechanisms for the prevention of coups d’état, segregation and genocide;

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.
11. The ideals of peace and national unity shall be promoted and developed within the political parties, and propagation of the ideologies of exclusion, racism and genocide shall be prohibited.

Page 60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 11 - Principles of organization of the defence and security forces:
...
4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(c) To detect as early as possible recourse to the manipulation of ethnic or regionalist feelings as means of access to or retention of power;

Page 63, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 13 - Structure of the defence and security forces:
...
4. Command of the defence and security forces
Command posts shall be distributed on the basis of competence and merit while ensuring the necessary ethnic balances.

Page 63-64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.
...
(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’état.
...
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.
...
(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.
Religious groups
Anti-discrimination
Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.

Page 25, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Substantive
Page 23-24, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 8 - Principles and measures relating to national reconciliation
...
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.

Page 29, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 4 - Political parties:
...
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.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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.

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.

Page 69-70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
1. Ceasefire means the cessation of:
...
(c) 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;
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 19-22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
...
10. Reinstatement of former refugees, taking into account experience gained before and during their exile.
...
Principles and measures relating to social services
25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
...
(c) Definitive resolution of the issues relating to refugees, displaced persons, regrouped persons, dispersed persons and other sinistrés: rehabilitation, resettlement, reintegration and compensation for plundered property;
...
(e) Establishment of a National Commission for the Rehabilitation of Sinistrés to benefit the victims of the various crises;
(f) Establishment by the State of mechanisms to facilitate the recovery and repatriation of refugees’ assets abroad.

Page 41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
3. The composition of the transitional National Assembly shall be as follows:
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.

Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
...
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Page 50-51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
(a) Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
...
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(b) Massive forcible displacements of individuals, families and groups who as a result leave their customary places of residence and become refugees outside the country or remain inside the country as displaced and regrouped persons in camps, tents, shacks and other makeshift arrangements;

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 7 - Victims of the insecurity and violence:
The main victims of the insecurity and violence are:
(a) The nation, some political officials, and individuals forced to flee from their original places of residence into exile, settlements and camps;

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
...
(b) The need to create conditions that encourage peaceful co-existence, foster a culture of peace and tolerance and cultivate a hospitable environment that encourages people to remain in their places of residence within their country rather than flee as refugees;
(c) The need to promote participation in and respect for the international conventions on refugees.

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(d) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;

Page 74, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
...
3. Maintenance of peace and security
...
(c) All embassies of Burundi in neighbouring and other countries providing shelter for Burundian refugees and residents shall provide them with passports, identity papers and any other requisite documents to which all Burundian citizens are entitled;

[Page 76-81 - Summary: Chapter 1 of the Protocol IV provides in its entirety for Resettlement of Refugees and Sinistres. It addresses specifically its definitions; principles governing return, resettlement and reintegration; preparatory activities - including setting up a National Commission for the Rehabilitation of Sinistrés (CNRS); guidelines governing resettlement and integration; actions with regard to returnees in their country of asylum; other actions; access and safety of international personnel; issues relating to land and other property]

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
...
- The National Commission for the Rehabilitation of Sinistrés;
Social class
Anti-discrimination
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 63, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
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.

Gender

Women, girls and gender
Page 3, Untitled Preamble:
...
[Talks held] in the presence of:
...
- The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,

Page 17, Protocol I, Chapter II: Solutions, 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.

Page 18: Article 6: Principles and measures relating to genocide, war crimes and other crimes against humanity
...
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.

Page 19-21, Article 7: Principles and measures relating to exclusion:
7.1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
...
7.3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
...
Principles and measures related to public adminstration
...
7.5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
...
7.8 Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
...
Principles and measures relating to education:
...
7.11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
7.12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.
...
7.14. 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.
...
Principles and measures relating to the defence and security forces
7.17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.
Principles and measures relating to justice
7.18.Pursuant to the relevant provisions of Protocol II to the Agreement:
...
b.Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;

Page 23, Article 8: Principles and measures relating to national reconciliation:
...
8.2. Membership of the commission
8.2.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.

Page 25, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 1. Fundamental values:
1.1 1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 26-28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights:
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.
...
3.4. 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.
...
3.6. All women and men shall have the right to life.
3.7. 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.
...
3.10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
..
3.19. Property rights shall be guaranteed for all women and men. ...

Page 35, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 9: The Judiciary:
...
9.11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.

Page 37, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 10, The administration:
...
10.6. 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.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
15.16. 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.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17: Judicial and administrative reforms:
...
17.3.a. The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
17.3.b. So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period

Page 48, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20, Elections:
...
20.8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.

Page 54, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 1: Peace and Security for All:
...
1.10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.

Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 5: Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;

Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 6: Consequences of the insecurity and violence:
6.a. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 60, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 11: Composition of the national defence force:
...
11.4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.

Page 63-64, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 14: Composition of the defence and security forces:
14.1.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.
...
14.2.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.

Page 66, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, 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:
...
(d) Gender.

Page 69-70, Protocol III: Peace and Security for All, CHAPTER III: Permanent Ceasefire and cessation of hostilities - Definition and General Principles, Article 25: Definitions:
1. Ceasefire means the cessation of:
...
(c) 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;

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
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;
...
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.

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
...
3.d. Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972)
Article 4.b. 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;

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(b) 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;
(c) 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;

Page 80, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
a. 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;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
Article 10: Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13: Political Reconstruction:
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:
...
d. Initiation of tangible actions for the advancement of women;

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, Article 16: Guidelines governing development:
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):
...
i. Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Concerned also about the negative impact of the conflict on Burundian women and children,
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,

Page 82-83, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2: Transitional Institutions:
...
2.2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all
Burundians without any discrimination. They must take a solemn oath before assuming their duties.

Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
...
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
Men and boys
Gender neutral wording
Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.


PROTOCOL III, CHAPTER I, PEACE AND SECURITY FOR ALL

Article 6, Consequences of the insecurity and violence
6.a. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.

Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
...
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
...
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.
...
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.

Page 27-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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 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.
...
10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
..
19. Property rights shall be guaranteed for all women and men.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 6 - Consequences of the insecurity and violence:
The most serious consequences of the insecurity and violence are:
(a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
(a) 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;

Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
...
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
LGBTI
No specific mention.
Family
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(b) Massive forcible displacements of individuals, families and groups who as a result leave their customary places of residence and become refugees outside the country or remain inside the country as displaced and regrouped persons in camps, tents, shacks and other makeshift arrangements;

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 6 - Consequences of the insecurity and violence:
The most serious consequences of the insecurity and violence are:
(a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(b) 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;
(c) 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;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 10 - Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

State definition

State definition
Nature of state (general)
Page 3, Untitled Preamble:
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.
2. A reorganization of the State institutions to make them capable of integrating and reassuring all the ethnic components of Burundian society.
State configuration
Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 2 - General Principles:
1. Burundi shall be a sovereign independent nation, united but respecting its ethnic and religious diversity and recognizing the Bahutu, the Batutsi and the Batwa, who make up the one nation of Burundi.
2. The national territory of Burundi shall be inalienable and indivisible subject to the provisions of the Constitution. Its frontiers shall be those recognized by international law.
3. Burundi shall be divided into provinces, communes and collines or zones, and such other subdivisions as are provided for by law. Their organization and operation shall be determined by the Constitution and by law.
...
State symbols
Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 2 - General Principles:
. . .
4. The National Assembly shall take a decision regarding the status and revival of the monarchy, and any party peacefully promoting the restoration of the monarchy shall be allowed to function.
5. The national language of Burundi shall be Kirundi. The official languages shall be Kirundi and any other languages decided upon by the National Assembly.

Governance

Political institutions (new or reformed)
General references
Protocol 2, Chapter 1, Article 6 establishes bicameral legislature with provision for Senate to co-opt members of the Batwa group; Protocol 2, Article 13 provides for elected bodies at 'colline' and commune level; Protocol 2, Chapter 2, Article 15(13) power-sharing in transitional exec; Constitution

Page 3, Untitled Preamble:
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 4-5, Article 1:
....
2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.
...
(b) Any provision of the Agreement or the protocols may be amended as provided for in article 20 of Protocol II or, pending the establishment of the Transitional National Assembly, with the consent of nine-tenths of the Parties;
...
Members of the parties to the Burundi Peace Negotiations in Arusha which do not sign the Agreement shall not be entitled to participate or hold office in the transitional Government or the transitional Legislature unless such parties are admitted as participating parties in accordance with article 14 of Protocol II to the Agreement with the consent of four-fifths of the Parties.



Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.




Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
8. Lack of respect by certain political actors for the basic normative rules and principles of good governance, particularly those concerning separation of the legislature, the executive and the judiciary, independence of the magistracy, satisfaction of basic human needs and the maintenance of order and security for all.



Page 59, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 10 - Principles relating to the defence and security forces:
...
4. The maintenance of national security and of national defence shall be subject to Government authority and parliamentary oversight.
5. The defence and security forces shall be accountable for their actions and work in all transparency. Parliamentary committees shall be set up to supervise the work of the defence and security forces in accordance with the legislation in force and the parliamentary rules and regulations.
6. Neither the defence and security forces nor any of their members shall, in the performance of their duties:
(a) Injure the interests of a political party which is legitimate under the Constitution;
(b) Manifest their political preferences;
(c) Favour in any manner the interests of a political party;
(d) Be a member of a political party or an association of a political nature;
(c) Take part in political activities or demonstrations.

Page 60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 11 - Principles of organization 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.



Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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:
...
(f) Support of democratization, including strengthening of the parliamentary system and support for the political party system;
Temporary new institutions
Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Have agreed:
...
3. To give effect, within the designated time limits, to the obligations set forth in this and other protocols with regard to the establishment of the transitional institutions.

[Page 25-38, Summary: CHAPTER I of the Protocol II - Democracy and Good Governance deals extensively with the reform and role of political institutions in the post-transitional constitution. It addresses specifically, Fundamental values; General principles; Charter of Fundamental Rights; Political Parties (p29); Elections (pp29-30); The Legislature (pp30-33) ; The Executive (pp33-34); Local government (p34); The Judiciary (pp34-36); The Administration (p37); Defence and Security Forces (38)].
Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
1. The transitional institutions shall be established and operate in accordance with the relevant provisions of Chapter II of Protocol II to the Agreement.

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
- The Technical Committee to implement the procedures for the establishment of
a national defence force;
- The Technical Committee to implement the procedures for the establishment of the national police;
- The Ceasefire Commission;
- The Reintegration Commission;
- The National Commission for the Rehabilitation of Sinistrés;

[Page 89-92, Summary: Article 5 - Commissions of PROTOCOL V: Guarantees in Implementation of the Agreement deals in its entirety for implementation commissions and sub-commissions. It defines the following for each commision: functions, structures, location, decision-making process and leadership, as well as the timetable for the completion of their activities. See relevant boxes for specific coding].
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.

Page 17-18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 5 - General political measures:
...
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.

Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.

Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Have agreed:
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.

[Page 25-38, Summary: CHAPTER I of the Protocol II - Democracy and Good Governance provides in its entirety for Constitutional Principles on the Post-Transitional Constitution. It addresses specifically,
Fundamental values; General principles; Charter of Fundamental Rights; Political Parties; Elections; The Legislature; The Executive; Local government; The Judiciary; The Administration; Defence and Security Forces].

Page 59, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 10 - Principles relating to the defence and security forces:
...
2. The defence and security forces shall be established in accordance with the Constitution. Apart from the defence and security forces so established, no other armed organization may be created or raised.
3. The defence and security forces shall teach and require their members to abide by the Constitution and the laws in force and by the international conventions and agreements to which Burundi is a party.
...
6. Neither the defence and security forces nor any of their members shall, in the performance of their duties:
(a) Injure the interests of a political party which is legitimate under the Constitution;

Page 59-60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.
...
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.

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(d) To detect as early as possible any threat to the constitutional order, public safety, territorial integrity or national sovereignty;

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
1. Composition of the national defence force
...
(e)Members of the Burundian armed forces found guilty of acts of genocide, coups d’état, 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.
...
(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’état.

Page 90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
5. Technical Committee to implement the procedures for the establishment of a national defence force
...
(b) The organic laws, regulatory texts and disciplinary rules referred to above shall be adopted by the appropriate transitional institutions within 30 days from the adoption of the Constitution.
(c) The Technical Committee to implement the procedures for the establishment of a national defence force referred to in article 14, paragraph 1 (d) of Protocol III to the
Agreement shall be constituted within 15 to 30 days after the adoption of the texts referred to in paragraph (b) above. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
6. Technical Committee to implement the procedures for the establishment of the national police
...
(b) The Technical Committee to implement the procedures for the establishment of the national police set up pursuant to the provisions of article 14, paragraph 2 (c) of that Protocol shall be constituted within 15 to 30 days from the date when the transitional Government takes office. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
Elections
Page 17-18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 5 - General political measures:
...
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.



Page 29-30, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 31, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post- transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly’s Bureau shall have a multiparty character, while the Senate’s Bureau shall be of a multi-ethnic character.
...
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.

Page 31-32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post- transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly’s Bureau shall have a multiparty character, while the Senate’s Bureau shall be of a multi-ethnic character.
...
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.
15. ... The Senate may co-opt up to three members of the Batwa group so as to ensure representation of this community.
...
18. The Senate shall ensure that commune councils in general reflect the ethnic diversity of their constituencies; if the composition of any Commune Council does not do so, it may order the co-optation of persons by the Commune Council from an underrepresented ethnic group to that Council, provided that no more than one-fifth of the Council may consist of such co-opted persons. The persons to be co-opted shall be identified by the Senate from a list of names supplied to it by the Commune Council or by any colline chief within the commune.

Page 33, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.
...
3. She/he shall be elected for a term of five years, renewable only once. No one may serve more than two presidential terms.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
22. The Constitutional Court shall be competent to:
...
(d) Rule on the regularity of presidential and legislative elections;

Page 38, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
2. The objectives of the transitional arrangements shall be:
...
(g) To adopt an electoral law, establish an independent electoral commission and ensure the holding during the transition period of elections at the local and national levels as provided for in article 20 below;

Page 40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 13 - Duration of the transition:
...
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.

Page 41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
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;
...
(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.


5. The transitional National Assembly shall within 12 months and by a two-thirds majority adopt a law regarding electoral rules.
6. The revised electoral code may set a threshold - up to 2% - below which no political party may be allocated seats if it has not won that percentage of the votes cast at the national level.
7. There shall be elections for the National Assembly, which shall take place after the commune elections and before the election of the President. The National Assembly shall have 100 directly elected members. As an exceptional measure and for the purpose of the first election only, and only if one party has received more than three-fifths of the directly elected seats, an additional 18 to 21 members in total shall be co-opted in equal numbers
from the lists of all the parties that have obtained more than the threshold vote, or two persons per party if more than seven parties qualify.
8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multiethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
9. The election of the President of the Republic shall take place after the National Assembly elections and before the end of the transition period.
10. The first post-transition President shall be elected by the National Assembly and Senate sitting together by a majority of two-thirds of the votes.
11. Any person who has served as President during the transition period shall be ineligible to stand for President in the first election. Candidates for the presidency must be Burundian citizens and over 35 years of age.
12. Elections at the commune level shall be held, in accordance with the procedures listed below, within eighteen months of the commencement of the transition period.
13.
(a) The collines shall be administered by colline councils of five members elected by direct universal suffrage. The councillor with the greatest number of votes shall become the chief of the colline. Elections for the colline chiefs shall, for the first elections, not be based on party political lists and all candidates shall stand as independents.
(b) The communes shall be administered by commune councils, which shall be elected by direct universal suffrage.
(c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the
administrators to be elected by direct universal suffrage.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 89, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
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.

Page 90-92, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
5. Technical Committee to implement the procedures for the establishment of a national defence force
...
(c) The Technical Committee to implement the procedures for the establishment of a national defence force referred to in article 14, paragraph 1 (d) of Protocol III to the Agreement shall be constituted within 15 to 30 days after the adoption of the texts referred to in paragraph (b) above. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
...
6. Technical Committee to implement the procedures for the establishment of the national police
...
(b) The Technical Committee to implement the procedures for the establishment of the national police set up pursuant to the provisions of article 14, paragraph 2 (c) of that Protocol shall be constituted within 15 to 30 days from the date when the transitional Government takes office. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
...
8. Reintegration Commission
(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.
9. National Commission for the Rehabilitation of Sinistrés
The organ provided for in article 3, paragraph (a) of Protocol IV to the Agreement, shall be constituted within 30 days after the signature of the Agreement. It shall begin its work upon the election of its chairperson and shall report to the Implementation Monitoring Committee.
It shall be based in Bujumbura. It shall be in place until the end of the transition period.
Electoral commission
Page 29-30, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 38, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
2. The objectives of the transitional arrangements shall be:
...
(g) To adopt an electoral law, establish an independent electoral commission and ensure the holding during the transition period of elections at the local and national levels as provided for in article 20 below;

Page 47-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, 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.
2. An Independent National Electoral Commission shall be established by the transitional Government as set forth hereunder.
3. The Commission shall be made up of five independent personalities and shall solicit advice from a multiparty commission of the transitional National Assembly. Its members shall be approved by a three-fourths majority of the transitional National Assembly, and may include non-Burundians who have expertise and integrity.
4. The Commission shall have as its functions:
(a) To organize elections at the national, commune and colline levels;
(b) To ensure that these elections are free, fair and transparent;
(c) To proclaim the results of the elections within a period determined by law, which shall be as short as possible;
(d) To promulgate the arrangements, the code of conduct, and the technical details, including the location of voting stations and times of voting;
(e) To hear and adjudicate on complaints regarding observance of the rules of the elections. The decisions of the commission shall be final;
(f) To ensure through appropriate rules that parties do not operate in a manner that incites ethnic violence or is otherwise not in conformity with the present Protocol;
(g) To ensure, and hear disputes regarding, compliance with the multiethnic requirements set forth in the present Protocol.
Political parties reform
Other political parties reform
Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.

Page 29, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 4 - Political parties:
...
5. Political parties - and coalitions of political parties - shall promote the free expression of suffrage and shall participate in political life by peaceful means.
...
9. Political parties may form coalitions during elections in accordance with the electoral law.
Civil society
Page 3, Untitled Preamble:
...
In the presence of:
...
The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,

Protocol 1, Article 8.2 provides for civil society (amongst others) to put forward candidates for membership of the TRC; Protocol 2, Chapter 2, Article 15(3)(c) The transitional National Assembly shall have 28 members representing civil society orgs (as currently exists in the National Assembly); Protocol 4, Article 13 (g) 'support for the development and strengthening of civil society' as principle of political reconstruction

Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Principles and measures in the area of justice:
10. Request by the transitional Government for the establishment by the United Nations Security Council of an International Judicial Commission of Inquiry on genocide, war
crimes and other crimes against humanity responsible for:
...
(e) The Commission shall make use of all the reports that already exist on this subject, including the 1985 Whitaker report, the 1994 non-governmental organizations’ report, the 1994-1994 report by ambassadors and the 1996 report of the United Nations International Commission of Inquiry.

Page 41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
3. The composition of the transitional National Assembly shall be as follows:
The National Assembly
...
(c) It shall thereafter be augmented by the 28 members representing civil society currently sitting in the National Assembly;

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
3. After the signature of the Agreement, the armed signatories to the Agreement, politicians and political leaders, religious organizations and civil society shall be called upon to address to the Burundian population signals and messages of peace, reconciliation and national unity.

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(d) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
1. The Government of Burundi shall encourage the return of refugees and sinistrés and resettle and reintegrate them. It shall seek the support of other countries and international and non-governmental organizations in carrying out this responsibility.

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3 - Preparatory activities:
The Government shall undertake the following preparatory activities:
(a) Establishing and constituting a National Commission for the Rehabilitation of Sinistrés (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;

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
...
(c) 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;
(d) Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972);

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 7 - Access and safety of international personnel:
The Government shall allow international organizations and international and local nongovernmental organizations unrestricted access to returnees and other sinistrés 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.

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 9 - National Fund for Sinistrés:
A National Fund for Sinistrés shall be established, and shall derive its funding from the national budget and from grants by bilateral and multilateral aid agencies or assistance from non-governmental organizations.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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:
...
(g) Support for the development and strengthening of civil society;

Page 85, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, 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 Sinistrés shall be consulted and invited to submit proposals. This emergency plan shall also serve as the basis for discussion at a donor conference;
Traditional/religious leaders
Page 3, Untitled Preamble:
...
In the presence of:
...
The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,

Page 15-16, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER I: NATURE AND HISTORICAL CAUSES OF THE CONFLICT, Article 1:
Precolonial period
1. During the precolonial period, all the ethnic groups inhabiting Burundi owed allegiance to the same monarch, Umwami, believed in the same god, Imana, had the same culture and the same language, Kirundi, and lived together in the same territory. Notwithstanding the migratory movements that accompanied the settlement of the various groups in Burundi, everyone recognized themselves as Barundi.
2. The existence of Bashingantahe who came from among the Baganwa, the Bahutu and the Batutsi and were judges and advisors at all levels of power was, inter alia, a factor in promoting cohesion.

Page 35, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
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.

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
The causes of the violence and security in Burundi are:
The colonial period
...
3. The erosion of some basic traditions, cultural norms and values that had hitherto been the foundations of the unity, solidarity and cohesion of the fabric of Burundian society and of Burundians.
4. The disruption of the traditional socio-political system in effect under the monarchy, which led to erosion of the bonds that provided the foundations of Burundi’s political stability.
...
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
...
(b) The assassination of great Burundian leaders (Rwagasore, Ngendandumwe, Ndadaye);

Page 56-57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(c) Political, administrative and religious leaders, as well as technical staff, who contributed to perpetrating the genocide;

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
3. After the signature of the Agreement, the armed signatories to the Agreement, politicians and political leaders, religious organizations and civil society shall be called upon to address to the Burundian population signals and messages of peace, reconciliation and national unity.
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.
Public administration
Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
6. A transparent administration committed to the sound management of public affairs.
7. Training, in such a way as to include all the components of Burundian society, of civil servants, particularly for regional and local government, by establishing a national school of administration.
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
9. Depoliticization of the public administration to ensure its stability; in this respect, there is a need for legislation that will distinguish between political and technical functions; staff in the first category may change with the Government, whereas the technical staff must be guaranteed continuity.
10. Reinstatement of former refugees, taking into account experience gained before and during their exile.

Page 31, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
16. The Senate shall have the following functions:
...
(b) To receive the report of the Ombudsperson on any aspect of the public administration;
(c) To conduct inquiries into the public administration and where necessary recommend action, to ensure that no region or group is excluded from the delivery of public services;

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 8 - Local government:
...
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
2. The objectives of the transitional arrangements shall be:
...
(f) To implement the measures and carry out the reforms relating to the Judiciary, the administration and the defence and security forces in accordance with the Agreement;
...
(h) To adopt laws on political parties, local administration, the press and other matters as required by the present Protocol and by the needs of the transitional institutions;

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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.

Page 44, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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;
...
(c) Commune administrators.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, 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.
...
3.
...
(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 report instances of corruption;

Page 46, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
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.


Page 48-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
13.
(a) The collines shall be administered by colline councils of five members elected by direct universal suffrage. The councillor with the greatest number of votes shall become the chief of the colline. Elections for the colline chiefs shall, for the first elections, not be based on party political lists and all candidates shall stand as independents.
(b) The communes shall be administered by commune councils, which shall be elected by direct universal suffrage.
(c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the
administrators to be elected by direct universal suffrage.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 50, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
7. The Minister and the chief career public servant in each ministry shall be jointly liable in law for any damage or destruction of any government property, including any record, file or any other document, held by it, for any misrepresentation in the asset inventory filed with the Implementation Monitoring Committee, or for any wasteful use of the ministry’s financial resources.
8. The Government shall be responsible for the day-to-day government of Burundi during the interim period. If during that period the Government should, without the approval of the Implementation Monitoring Committee, take any of the actions indicated in subparagraphs (a) – (d) below, such action may subsequently be reviewed by the transitional Government and, if found not to have been in the interests of good governance, summarily cancelled or reversed:
(a) Alter the conditions of service or levels of remuneration of public servants; (b) Make any appointment to or promotion within the public administration; (c) Sell State-owned immovable property;

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
6. The aftermath of the colonial system, the inadequacy of the basic reforms of the institutional arrangements inherited from colonization for governance, administration and the maintenance of order and security for all.

Page 56-57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(c) Political, administrative and religious leaders, as well as technical staff, who contributed to perpetrating the genocide;

Power sharing

Political power sharing
State level
Summary: Agreement provides for substantial state level power sharing, see below.
Sub-state level
Summary: Agreement provides for limited sub-state level power sharing, see below.
Executive coalition
Page 33, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.
...
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.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
8.
...
(b) The President and the Vice-President of the transitional National Assembly shall come from two different political families.
...
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.
...
15.
...
(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.
Proportionality in legislature
Page 31-32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post- transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly’s Bureau shall have a multiparty character, while the Senate’s Bureau shall be of a multi-ethnic character.
...
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.
...
18. The Senate shall ensure that commune councils in general reflect the ethnic diversity of their constituencies; if the composition of any Commune Council does not do so, it may order the co-optation of persons by the Commune Council from an underrepresented ethnic group to that Council, provided that no more than one-fifth of the Council may consist of such co-opted persons. The persons to be co-opted shall be identified by the Senate from a list of names supplied to it by the Commune Council or by any colline chief within the commune.

Page 41-43, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
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;
...
8.
...
(b) The President and the Vice-President of the transitional National Assembly shall come from two different political families.
...

Page 47-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multiethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
Other proportionality
Page 35, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
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.

Page 49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
13.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Merger of forces
Page 66, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 16 - Balances within the defence and security forces:
...
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.
Joint command structures
Page 63, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 13 - Structure of the defence and security forces:
...
4. Command of the defence and security forces
Command posts shall be distributed on the basis of competence and merit while ensuring the necessary ethnic balances.

Page 63, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
1. Composition of the national defence force
...
(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’état.

Page 66, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 16 - Balances within the defence and security forces:
...
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.
Proportionality
Page 38, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 11 - Defence and security forces:
...
4.
...
(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.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:in
...
2. Composition of 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.

Human rights and equality

Human rights/RoL
Page 3, Untitled Preamble:
...
Aware of the fact that peace, stability, justice, the rule of law, national reconciliation, unity and development are the major aspirations of the people of Burundi,
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.

Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Political principles and Measures:
...
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.

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
...
3. Government shall be based on the will of the Burundian people, shall be accountable to them, and shall respect their fundamental rights and freedoms.
...
6. The function of the political system shall be to unite, reassure and reconcile all Burundians while ensuring that the Government is able to serve the people of Burundi, who are its source of power and authority. In its functioning the Government shall respect the separation of powers, the rule of law, and the principles of good governance and transparency in the management of public affairs.

Page 28-29, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 46-47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
...
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
...
(c) Impunity of those committing political crimes and human rights violations and practising regionalism, patronage, cronyism and corruption;

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
(b) To prohibit and punish violations of the inalienable rights of the human person;
(c) To institute a proactive policy aimed at promoting human rights through education and training of the population, including all political and technical officials.

Page 60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 11 - Principles of organization of the defence and security forces:
...
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.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
1. Composition of the national defence force
...
(e)Members of the Burundian armed forces found guilty of acts of genocide, coups d’état, 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.
...
Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
...
2. Composition 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.

Page 67, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
...
3. The different types of hostilities are:
...
(iv) Violation of political rights and freedoms;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 11 - Reconstruction programme:
1. The transitional Government shall initiate and finance, with the support of the international community, a programme of physical and political reconstruction that takes a comprehensive approach incorporating rehabilitation, peace-building, promotion of the rights and freedoms of the human person, economic growth and long-term development.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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:
...
(b) Promotion of the rights and freedoms of the human person;
Equality
Page 3, Untitled Preamble:
...
Reaffirming our unwavering determination to put an end to the root causes underlying the recurrent state of violence, bloodshed, insecurity, political instability, genocide and exclusion which is inflicting severe hardships and suffering on the people of Burundi, and seriously hampers the prospects for economic development and the attainment of equality and social justice in our country,

Page 6, Article 3:
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.

Page 19, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.

Page 19-22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
...
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
...
Principles and measures relating to the economy
19. Equitable apportionment and redistribution of national resources throughout the country.
...
Principles and measures relating to social services
25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
(a) Equitable distribution of and access to social infrastructures, particularly schools and hospitals;

Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Reaffirming our commitment to a democratic system of government, inspired by the realities of our country, that guarantees security and justice for all, and is founded on the values of unity without exclusion,

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
...
4. The Government of Burundi shall be so structured as to ensure that all Burundians are represented in and by it; that there is equal opportunity to serve in it; that all citizens have access to government services; and that the decisions and actions of government enjoy the widest possible level of support.

Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
12. The principle of participation of all components of society in the management of all the organs of the State, as well as equality of opportunity for citizens in all sectors of national life, shall be respected.

Page 59, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 10 - Principles relating to the defence and security forces:
1. The defence and security forces shall reflect the firm resolve of Burundians, as individuals and as a nation, to live as equals, in peace and harmony, and to be free from fear.

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
(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.

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(f) 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;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 11 - Reconstruction programme:
...
2. The reconstruction programme shall be conducted and carried out in accordance with a realistic timetable that takes account of local capabilities and external inputs. The programme must be designed with a view to equity so that all categories of the population may benefit from it.
Democracy
Page 3, Untitled Preamble:
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 4, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
...
Protocol II: Democracy and good governance;

Page 6, Article 2:
...
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state.

Page 6, Article 3:
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.

[Page 25-52 - Summary: The Protocol II provides in its entirety for Democracy and Good Governance. It address specifically: Constitutional Principles on the Post-Transitional Constitution (Chapter 1); and Transitional Arrangements (Chapter 2)]

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.

Page 67, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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:
...
(f) Support of democratization, including strengthening of the parliamentary system and support for the political party system;
Protection measures
Protection of civilians
Page 25, CHAPTER I
CONSTITUTIONAL PRINCIPLES OF THE POST-TRANSITION CONSTITUTION
Article 1
Fundamental values
1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic
or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 27, CHAPTER I
CONSTITUTIONAL PRINCIPLES OF THE POST-TRANSITION CONSTITUTION
Article 3
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.

Page 61, PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL
Article 12
Missions of the defence and security forces

2. Missions of the national police
The missions of the national police shall be:
(d) To ensure the physical protection of persons and their property;
(j) To ensure protection of public gatherings at the request of those involved, on
orders from the administrative authorities, or on their own initiative;
(l) To ensure protection of the courts and tribunals;
Protection of groups
Page 28, CHAPTER I
CONSTITUTIONAL PRINCIPLES OF THE POST-TRANSITION CONSTITUTION
Article 3
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.

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.

Page 54,PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL
8. The defence and security forces belong to all the people of Burundi. They shall be an
instrument for the protection of all the people, and all the people must identify with them.

Page 56, PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL
Article 3
Persons responsible for and agents of the insecurity and violence
The following were identified as responsible for and agents of the insecurity and violence:

Page 81, Page 81, PROTOCOL IV RECONSTRUCTION AND DEVELOPMENT
CHAPTER I REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES
Article 10
Vulnerable groups
The Government shall ensure, through special assistance, the protection, rehabilitation and
advancement of vulnerable groups, namely child heads of families, orphans, street children,
unaccompanied minors, traumatized children, widows, women heads of families, juvenile
delinquents, the physically and mentally disabled, etc.
Protection of rights and legal frameworks
Page 27, CHAPTER I CONSTITUTIONAL PRINCIPLES OF THE POST-TRANSITION CONSTITUTION
Article 3
Charter of Fundamental Rights

3. Human dignity shall be respected and protected.

Page 53, PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL

Article 1
Principles of peace and security for all
3. The institutions have the primary duty to guarantee:
(a) The security of all citizens;
(b) The protection of the inalienable rights of the human person, starting with the
right to life, and the rights embodied inter alia in the Universal Declaration of
Human Rights and in the international conventions to which Burundi is a party;
(c) The protection of all the ethnic communities of the population through specific
mechanisms for the prevention of coups d’état, segregation and genocide;

Page 58, PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL
Article 8
Protection of the inalienable rights of the human person

It is the duty of the State:
(a) 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;
Other
Page 27, CHAPTER I
CONSTITUTIONAL PRINCIPLES OF THE POST-TRANSITION CONSTITUTION
Article 3,
12. The family, as the fundamental unit of society, shall be entitled to protection by society and the State.

Pages 61-62, PROTOCOL III PEACE AND SECURITY FOR ALL
CHAPTER I, PEACE AND SECURITY FOR ALL
Article 12
Missions of the defence and security forces

2. Missions of the national police
The missions of the national police shall be:
(l) To ensure protection of the courts and tribunals;
(s) To ensure protection of the institutions.

3. Missions of the intelligence service
The missions of the intelligence service shall be:
(a) To seek out, centralize and make use of all information likely to contribute to the
protection of the State, its institutions and its interests at the international level, as
well as to the prosperity of its economy;

Page 81, PROTOCOL IV RECONSTRUCTION AND DEVELOPMENT
CHAPTER I REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES
Article 8
Issues relating to land and other property
(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;

Page 93, PROTOCOL V
GUARANTEES ON IMPLEMENTATION OF THE AGREEMENT
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:
(d) Ensuring protection of the institutions and of any public figure who so wishes;
Human rights framework
Bill of rights
Page 26-27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

[Page 27-29 - summary: for specific rights included see below]
Treaty incorporation
Page 26-27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 38, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 11 - Defence and security forces:
...
4.
...
(c) The defence and security forces shall be trained at all levels to respect international humanitarian law and the supremacy of the Constitution.

Page 53, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
(b) The protection of the inalienable rights of the human person, starting with the right to life, and the rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
...
(b) The need to create conditions that encourage peaceful co-existence, foster a culture of peace and tolerance and cultivate a hospitable environment that encourages people to remain in their places of residence within their country rather than flee as refugees;
(c) The need to promote participation in and respect for the international conventions on refugees.

Page 60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 11 - Principles of organization 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:
...
(c) In the discharge of international obligations and commitments.
Civil and political rights
Life
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
6. All women and men shall have the right to life.

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
Torture
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Equality
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...

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.
Slavery
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
8. No one shall be held in slavery or servitude. Slavery and the slave trade shall be prohibited in all their forms.
Liberty and security of person
Page 27-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
...
22. No one may be deprived of her/his liberty other than in conformity with the law.
...
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.

Page 53-54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
1. All Burundian citizens have the right to live in peace and security without any discrimination whatsoever.
...
5. All Burundian citizens shall be under an obligation to respect the right of their fellow citizens to peace and security, as well as to respect public order.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
Humane treatment in detention
Page 27-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
22. No one may be deprived of her/his liberty other than in conformity with the law.
...
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.
Freedom of movement
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
...
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.
Freedom of association
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Fair trial
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...

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.
Privacy and family life
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Vote and take part
Page 29-30, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 5 - Elections:
1. The right to vote shall be guaranteed.
Thought, opinion, conscience and religion
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
13. Freedom of expression and of the media shall be guaranteed. The State shall respect freedom of religion, belief, conscience and opinion.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
Socio-economic rights
Property
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
(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;

Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
(a) 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;
Work
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
Health
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
Education
Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
(a) 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;
Shelter/housing
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
Social security
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
NHRI
New or fundamentally revised NHRI
Page 31-32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
16. The Senate shall have the following functions:
...
(b) To receive the report of the Ombudsperson on any aspect of the public administration;
...
17. The Senate shall approve solely the following appointments:
...
(c) The Ombudsperson;

Page 35-36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
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.
...
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.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.
Regional or international human rights institutions
Monitoring calls
Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.

Page 72, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
(a) 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.
Other
Page 76-77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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.
Mobility/access
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.
...
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.

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(b) Freedom of movement of persons and goods throughout the country shall be guaranteed;
...
(d) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;

Page 74, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
...
3. Maintenance of peace and security
...
(d) Entry into Burundi through border posts shall be facilitated for the civilian and combatant members of the political parties and movements.

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
(h) In performing their duties, the members of the Ceasefire Commission as well as those of the international peacekeeping and security force shall enjoy complete freedom of movement throughout the territory of Burundi.
Detention procedures
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
... 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.

Page 51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
... 10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;
Media and communication
Media roles
Page 27, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
10. All women and men shall have the right to respect for their private and family life, residence and personal communications.

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

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(h) To adopt laws on political parties, local administration, the press and other matters as required by the present Protocol and by the needs of the transitional institutions;

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
...
2. The cessation of hostilities shall involve:
(a) Announcement of a cessation of hostilities 48 hours after the signing of the ceasefire agreement, through command channels and print and electronic media;
...
(e) Cessation of defamatory, untruthful or ethnicist statements by the media and publications shall take place from the date of signature of the Agreement.

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
...
(g) Undertaking information and awareness campaigns on the mechanisms for peaceful coexistence and return to collines of origin;
(h) 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.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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.

Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 1 - Acceptance and support of the Agreement by the Burundian people:
All the Parties commit themselves to undertake a broad campaign to inform and sensitize the population about the content, spirit and letter of the Agreement.
Citizenship
Citizen, general
Page 29, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 4 - Political parties:
...
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.

Page 41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
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 this text 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.

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
...
(e) Failure to satisfy the basic needs of the citizens as a result of economic underdevelopment and lack of a sound economic policy that led to disillusionment and an erosion of support for the political system;

Page 60, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 11 - Principles of organization of the defence and security forces:
...
3. The defence and security forces shall be open to all Burundian citizens without discrimination.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
...
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.
Citizens, specific rights
Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
...
4. The Government of Burundi shall be so structured as to ensure that all Burundians are represented in and by it; that there is equal opportunity to serve in it; that all citizens have access to government services; and that the decisions and actions of government enjoy the widest possible level of support.

Page 27-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
2. All citizens shall have rights and obligations.
...
9. The State shall to the extent possible ensure that all citizens have the means to lead an existence consistent with human dignity.
...
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.
...
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.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.

Page 53-54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
1. All Burundian citizens have the right to live in peace and security without any discrimination whatsoever.
...
3. The institutions have the primary duty to guarantee:
(a) The security of all citizens;
...
5. All Burundian citizens shall be under an obligation to respect the right of their fellow citizens to peace and security, as well as to respect public order.
6. The prerequisites for the establishment and maintenance of peace and security are:
(a) Unity within the defence and security forces;
(b) Political neutrality of the defence and security forces;
(c) The professional, civic and moral qualities of the defence and security forces;
...
(e) Control of illegal possession and use of weapons.
...
12. The principle of participation of all components of society in the management of all the organs of the State, as well as equality of opportunity for citizens in all sectors of national life, shall be respected.

Page 74, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
...
3. Maintenance of peace and security
...
(c) All embassies of Burundi in neighbouring and other countries providing shelter for Burundian refugees and residents shall provide them with passports, identity papers and any other requisite documents to which all Burundian citizens are entitled;

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
(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;

Justice sector reform

Criminal justice and emergency law
Reform to specific laws
Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...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.

Page 51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
15. Provisions for penalizing the violation of these principles shall be adopted.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 8 - Protection of the inalienable rights of the human person:
It is the duty of the State:
...
(b) To prohibit and punish violations of the inalienable rights of the human person;
Delimitation of powers in Criminal Justice System
Page 30, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
... 8. Any criminal case involving a person holding political office shall be referred to a Chamber of the Supreme Court, and in the event of conviction, any appeal shall be receivable by the Chambers of the Supreme Court sitting together.

Page 61, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
2. Missions of the national police
The missions of the national police shall be:
...
(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;
State of emergency provisions
Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
... 2. The cessation of hostilities shall involve:
… (d) Cessation of hostilities brought about by emergency laws, political imprisonment and arbitrary arrests shall take effect from the date of signature of the Agreement;
Judiciary and courts
Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to justice
18. Pursuant to the relevant provisions of Protocol II to the Agreement:
(a) Promotion of impartial and independent justice. In this respect, all petitions and appeals relating to assassinations and political trials shall be made through the National Truth and Reconciliation Commission established pursuant to the provisions of article 8 of the present Protocol;
(b) Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;
(c) Amendment of laws where necessary (Criminal Code, Code of Criminal Procedure, Civil Code, Nationality Act, etc.);
(d) Reform of the Judicial Service Commission so as to ensure its independence and that of the judicial system;
(e) Organization of a judicial training programme, inter alia through the establishment of a National School for the Magistracy;
(f) Provision of adequate human and material resources for the courts;
(g) Establishment of the post of Ombudsperson.

Page 30, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
4. A Court of Audit responsible for examining and certifying the accounts of all public services shall be established and organized by law. Its composition shall be specified in the post-transition Constitution. It shall be given the resources required for the performance of its duties. Administrative departments shall not withhold their co- operation from the Court of Audit. The Court of Audit shall submit to the National Assembly a report on the regularity of the general account of the State, and shall also ascertain whether public funds have been spent in accordance with the proper procedures and in accordance with the budget approved by the National Assembly.
...
8. Any criminal case involving a person holding political office shall be referred to a Chamber of the Supreme Court, and in the event of conviction, any appeal shall be receivable by the Chambers of the Supreme Court sitting together.

Page 32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
... 17. The Senate shall approve solely the following appointments:
...(d) The members of the Judicial Service Commission;
(e) The members of the Supreme Court;
(f) The members of the Constitutional Court;
(g) The Principal State Prosecutor and members of the National Department of Public Prosecutions;
(h) The presidents of the Court of Appeal and the Administrative Court;
(i) The principal State Prosecutor in the Court of Appeal;
(j) The presidents of the Court of First Instance, the Commercial Court and the Labour Court;
(k) The State Prosecutors.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...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.

Page 34-36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(f) To implement the measures and carry out the reforms relating to the Judiciary, the administration and the defence and security forces in accordance with the Agreement;

Page 40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 14 - Political parties during the transition:
...
2. The said law shall specify a judicial authority which shall receive and adjudicate on applications by political parties for registration. Decision of the authority shall be posted in public places and published in the official Gazette of Burundi.

Page 41-42, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, 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 this text 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.
... (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. This session shall be presided over by the oldest Senator;
... 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.

Page 44, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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:
...
(b) Judges of the Constitutional Court;

Page 45-46, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, 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.
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 report instances 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, 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.

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
6. The prerequisites for the establishment and maintenance of peace and security are:
...
(d) Neutrality and independence of the magistracy;

Page 56-57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;
Prisons and detention
Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
... 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.

Page 44, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
... 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;

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
... 2. The cessation of hostilities shall involve:
... (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;
Traditional Laws
Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
... Cultural principles and measures
... 27. Rehabilitation of the institution of Ubushingantahe.

Page 35, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 9 - The Judiciary:
...
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.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 3, Untitled Preamble:
...
Aware of the fact that peace, stability, justice, the rule of law, national reconciliation, unity and development are the major aspirations of the people of Burundi,

Reaffirming our unwavering determination to put an end to the root causes underlying the recurrent state of violence, bloodshed, insecurity, political instability, genocide and exclusion which is inflicting severe hardships and suffering on the people of Burundi, and seriously hampers the prospects for economic development and the attainment of equality and social justice in our country,

Page 4, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
...
Protocol IV: Reconstruction and development;

Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.
...
23. Introduction of incentives for economic development in the context of fairness and harmony.

Page 27-28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
23. The State shall be under an obligation to promote the development of the country, especially rural development.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 8 - Local government:
...
2. Communes shall be decentralized administrative entities. They shall be the basis of economic and social development, and shall be divided into collines or zones and such other subdivisions as are provided for by law.

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
13. An economic and social policy that ensures the harmonious and balanced development of the people and the nation, as well as a policy of harmonious resolution of social problems, shall be pursued.

Page 55, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
...
(e) Failure to satisfy the basic needs of the citizens as a result of economic underdevelopment and lack of a sound economic policy that led to disillusionment and an erosion of support for the political system;

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(c) Destruction of national and socio-economic infrastructures, as well as of public and private property.

Page 61-62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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:
...
(e) To contribute to the development of the country through major works, production and training;
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
(a) To seek out, centralize and make use of all information likely to contribute to the protection of the State, its institutions and its interests at the international level, as well as to the prosperity of its economy;

[Page 76-85 - Summary: The Protocol IV provides in its entirety for Reconstruction and Development. It address specifically: Rehabilitation and Resettlement of Refugees and Sinistres (Chapter 1); and Physical and Political Reconstruction (Chapter 2)].

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,
Infrastructure and reconstruction
[Page 76-85 - Summary: The Protocol IV provides in its entirety for Reconstruction and Development. It address specifically: Rehabilitation and Resettlement of Refugees and Sinistres (Chapter 1); and Physical and Political Reconstruction (Chapter 2)].

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,
National economic plan
Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.

Page 84, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, 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.
Natural resources
Page 6, Article 3:
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
19. Equitable apportionment and redistribution of national resources throughout the country.

Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
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.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.
International funds
Page 46, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
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.

Page 50-51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
(a) Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
...
12. The Implementation Monitoring Committee shall assist in soliciting or obtaining any international or foreign aid or assistance contemplated by the Agreement. It may generally advise any donor and suggest conditionalities in regard to any aid or assistance to be granted to, or agreements to be concluded with, the Government of Burundi. For this purpose it shall be informed of the details of any international agreements to be concluded with, or foreign aid to be donated to, the Burundian Government.
...
14. In the event that a Party or participating party fails to comply with a directive of the Implementation Monitoring Committee, the Committee may:
...
(c) Request the appropriate assistance of any international body or State or Party in enforcing compliance.

Page 68, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 21 - Demobilization:
...
10. The international community shall be requested to assist in the process of demobilization.

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
1. The Government of Burundi shall encourage the return of refugees and sinistrés and resettle and reintegrate them. It shall seek the support of other countries and international and non-governmental organizations in carrying out this responsibility.

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 9 - National Fund for Sinistrés:
A National Fund for Sinistrés shall be established, and shall derive its funding from the national budget and from grants by bilateral and multilateral aid agencies or assistance from non-governmental organizations.

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 11 - Reconstruction programme:
1. The transitional Government shall initiate and finance, with the support of the international community, a programme of physical and political reconstruction that
takes a comprehensive approach incorporating rehabilitation, peace-building, promotion of the rights and freedoms of the human person, economic growth and long-term development.
2. The reconstruction programme shall be conducted and carried out in accordance with a realistic timetable that takes account of local capabilities and external inputs. The programme must be designed with a view to equity so that all categories of the population may benefit from it.

Page 85, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, 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 Sinistrés shall be consulted and invited to submit proposals. This emergency plan shall also serve as the basis for discussion at a donor conference;
...
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.

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(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;

Page 92, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 7 - Role of the international community:
1. The involvement of the international community in the implementation of the Agreement is necessary, both as a moral and diplomatic guarantee and as a provider of technical, material and financial assistance.
2. In this respect, the Burundian Government shall immediately following the signature of the Agreement send formal requests to the countries and organizations agreed upon by the Parties inviting them to participate in and render their financial, technical and material support to the implementation of the Agreement as provided for in the relevant provisions of the present Protocol and of Protocols I, II, III and IV.

Page 92, PROTOCOL V: Guarantees in Implementation of the Agreement, 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.
Business
Page 19-20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to public administration
...
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.

Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.
Taxation
No specific mention.
Banks
Personal or commercial banking
Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(h) To help returnees to recover the property and bank accounts left in Burundi before their exile and whose existence has been duly proven;

Page 79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 5
- Actions with regard to returnees in their country of asylum:
The Government shall undertake the following actions with regard to returnees in their country of asylum:
(a) Helping returnees settle their disputes in their country of asylum relating notably to immovable property, bank accounts, social security, etc;

Page 82, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 12 - Physical reconstruction:
Physical reconstruction aims at assisting in the return of the refugees and sinistrés, as well as at the rebuilding of destroyed physical property. Physical reconstruction shall be conducted, transparently and equitably, in such a way as to:
...
(c) Solve the problems relating to the repayment of loans that some Burundians had borrowed from banks and financial institutions for which the object financed has been destroyed;
Cross-border financial flows
Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(h) To help returnees to recover the property and bank accounts left in Burundi before their exile and whose existence has been duly proven;

Page 79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 5
- Actions with regard to returnees in their country of asylum:
The Government shall undertake the following actions with regard to returnees in their country of asylum:
(a) Helping returnees settle their disputes in their country of asylum relating notably to immovable property, bank accounts, social security, etc;

Land, property and environment

Land reform/rights
Land reform and management
Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
... (b) 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;

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
… (e) To encourage, to the extent possible, grouped housing in the reconstruction policy in order to free cultivable land;
Property return and restitution
Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
... 3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
... (d) 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;

Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
(a) 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;
(b) All refugees and/or sinistrés must be able to recover their property, especially their land;
(c) If recovery proves impossible, everyone with an entitlement must receive fair compensation and/or indemnification;
(d) 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;
(e) The policy with respect to distribution of State-owned land shall be reviewed so that priority can be given to the resettlement of sinistrés;
(f) 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;
(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.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Intangible
Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
... Cultural principles and measures
... 27. Rehabilitation of the institution of Ubushingantahe.
Promotion
Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
... Cultural principles and measures
26. Education of the population, particularly of youth, in positive traditional cultural values such as solidarity, social cooperation, forgiveness and mutual tolerance, Ibanga (discretion and sense of responsibility), Ubupfasoni (respect for others and for oneself) and Ubuntu (humanism and character).

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4 - Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
... (i) To offer intensive language courses for returnees to mitigate the language problems;
Environment
Page 61-62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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:
...
(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;
...
2. Missions of the national police
The missions of the national police shall be:
...
(g) To intervene in case of catastrophe or disaster;
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(e) To detect as early as possible any threat to the country’s ecological environment;

Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
...
(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;
Water or riparian rights or access
Page 80-81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, 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:
...
(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;

Security sector

Security Guarantees
Page 4, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
...
Protocol III: Peace and security for all;

Page 6, Article 3:
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Reaffirming our commitment to a democratic system of government, inspired by the realities of our country, that guarantees security and justice for all, and is founded on the values of unity without exclusion,

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
2. All Burundians are entitled to live in Burundi in security and peace, and must live in harmony with one another while respecting one another’s dignity and tolerating one another’s differences.

[Page 53 -75 Summary: The Protocol III provides in its entirety for Peace and Security for All. It address specifically: Peace and Security for All (Chapter 1); the Defence and Security Forces (Chapter 2); and Permanent Ceasefire and Cessation of hostilities (Chapter 3)]

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2 - Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
(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;

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 7 - Access and safety of international personnel:
The Government shall allow international organizations and international and local nongovernmental organizations unrestricted access to returnees and other sinistrés 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.

Page 93, PROTOCOL V: Guarantees in Implementation of the Agreement, 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:
...
(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.
Ceasefire
Ceasefire provision
Page 4-5, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha
...
Annex III: Ceasefire agreement;
....
2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.
...
(c) Pending the negotiation and agreement of a comprehensive cease-fire agreement with the armed wings of non-signatory parties, Chapter III of Protocol III to the Agreement shall not come into effect; following the conclusion of the ceasefire agreement, it shall be deemed to be amended so as to be consistent with the provisions thereof.

Page 5-6, Article 2:
1. The Parties acknowledge the need for the Agreement to be accompanied by and to be a condition for lasting peace and a cessation of violence in Burundi.
2. The Parties accordingly call upon armed wings of non-signatory parties to suspend hostilities and violent actions immediately, and invite such non-signatory parties to participate in or engage in serious negotiations towards a cease-fire. The Parties agree that in addition to this public invitation included herein, they will as a priority take all reasonable and necessary steps to invite such Parties to participate in cease-fire negotiations.

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(d) To apply the measures and arrangements relating to the restoration of peace, the cessation of hostilities and the building of a professional army loyal to Burundi;

Page 51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, 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.

Page 53, Protocol III: Peace and Security for All, Preamble:
...
Aware of the necessity to promote lasting peace and having analysed the questions relating to the principles of peace and security for all, to the defence and security forces and to the cessation of hostilities, and the arrangements with a view to achieving a permanent ceasefire,

[Page 69-75, Summary: CHAPTER III of the Protocol III - The Defence and Security Forces provides in its entirety for PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES. It addresses specifically definitions and general principles; verification and Supervision; and Ceasefire Implementation Timetable].

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
... 2. The cessation of hostilities shall involve:
… (d) Cessation of hostilities brought about by emergency laws, political imprisonment and arbitrary arrests shall take effect from the date of signature of the Agreement;


Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
...
- The Ceasefire Commission;

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
(a) The ceasefire, as defined in article 25 of Protocol III to the Agreement, shall take place on the date of signature of the Agreement.
(b) The Ceasefire Commission provided for in article 27, paragraph 1 of Protocol III to the Agreement shall be established by the Implementation Monitoring Committee on the day the Committee starts its activities. It shall begin its work upon the appointment of its chairperson.
(c) In conformity with article 27, paragraph 1 of Protocol III, 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.
(d) The Ceasefire Commission may establish offices in the military regions of the country, as well as in the quartering locations and at other points as its functions may require.
(e) The functions of the Ceasefire Commission shall be as defined in article 21, article 27, paragraphs 1(d), 2, 3 and 4 and article 28 of Protocol III of the Agreement.
(f) The operations consisting of the ceasefire, disengagement, quartering and demobilization of the forces shall be completed within six months from the commencement of the activities of the Ceasefire Commission.
(g) Deployment and operations of the international peacekeeping force provided for in article 27, paragraph 5 of Protocol III to the Agreement shall commence as soon as possible after the establishment of the Ceasefire Commission. They shall be conducted in coordination and cooperation with the Ceasefire Commission.
(h) In performing their duties, the members of the Ceasefire Commission as well as those of the international peacekeeping and security force shall enjoy complete freedom of movement throughout the territory of Burundi.
(i) The amnesty provided for in article 26(l) of Protocol III to the Agreement shall go into effect on the date of signature of the Agreement.

Page 93, PROTOCOL V: Guarantees in Implementation of the Agreement, 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;
Police
Page 4-5, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha
...
Annex II:Structure of the National Police Force;

Page 32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
17. The Senate shall approve solely the following appointments:
(a) The heads of the defence forces, the police and the intelligence service;

Page 59, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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

[Page 59-69, Summary: CHAPTER II of the Protocol III - The Defence and Security Forces. It addresses specifically principles relating to the defence and security forces; principles of organisation of the defence and security forces; mission of the defence and security forces; structure of the defence and security forces; structure of the defence of the defence and security forces - see also annexe II to the agreement; composition of the defence and security forces; size of the defence and security forces; balances within the defence and security forces; recruitment; training; organs laws, regulatory texts and disciplinary system; names of the defence and security forces; demobilisation; security partners].

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
...
- The Technical Committee to implement the procedures for the establishment of the national police;

Page 90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
6. Technical Committee to implement the procedures for the establishment of the national police
(a) The creation, name, missions, composition, strength, training, conditions of service and functioning of the national police shall be as defined in the relevant provisions of article 14, paragraph 2, article 15, article 17, paragraph 3, and article 20 of Protocol III to the Agreement.
(b) The Technical Committee to implement the procedures for the establishment of the national police set up pursuant to the provisions of article 14, paragraph 2 (c) of that
Protocol shall be constituted within 15 to 30 days from the date when the transitional Government takes office. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
Armed forces
Page 20, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the defence and security forces
15. Clear definition of the roles of the defence and security forces.
16. Organization of the defence and security forces as a voluntary and professional entity, and their modernization.
17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.

Page 28, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 3 - Charter of Fundamental Rights:
...
27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict.

Page 31-32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
16. The Senate shall have the following functions:
...
(d) To monitor compliance with those prescripts of the Constitution requiring representativeness or balance in the composition of any part of the public service, including the defence and security forces;
...
17. The Senate shall approve solely the following appointments:
(a) The heads of the defence forces, the police and the intelligence service;

Page 33-34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.

Page 37-38, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, 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.

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(d) To apply the measures and arrangements relating to the restoration of peace, the cessation of hostilities and the building of a professional army loyal to Burundi;
...
(f) To implement the measures and carry out the reforms relating to the Judiciary, the administration and the defence and security forces in accordance with the Agreement;

Page 40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 14 - Political parties during the transition:
...
6. No political party may participate in the transitional arrangements, including those relating to the integration of the defence and security forces, if they do not respect the commitments embodied in the Agreement. Each such «participating party» must sign the pledge annexed hereto confirming its intention to participate in the transitional arrangements and its commitment to peace, reconciliation and democracy.

Page 44, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
18. The transitional Executive shall confirm the appointment of the heads of the police and the defence force.

Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 19 - Defence and security forces:
...
2. The transitional arrangements regarding the defence and security forces, including the constitutional and legal framework governing such forces, shall be those set forth in Protocol III to the Agreement. Where that Protocol is silent, the provisions of the 1992 Constitution of the Republic of Burundi shall apply.

...
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
...
9. During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.

Page 53, Protocol III: Peace and Security for All, Preamble:
...
Aware of the necessity to promote lasting peace and having analysed the questions relating to the principles of peace and security for all, to the defence and security forces and to the cessation of hostilities, and the arrangements with a view to achieving a permanent ceasefire,

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
6. The prerequisites for the establishment and maintenance of peace and security are:
(a) Unity within the defence and security forces;
(b) Political neutrality of the defence and security forces;
(c) The professional, civic and moral qualities of the defence and security forces;
...
(e) Control of illegal possession and use of weapons.
...
8. The defence and security forces belong to all the people of Burundi. They shall be an instrument for the protection of all the people, and all the people must identify with them.
9. The establishment of militias and terrorist and genocidal organizations, the practice of terrorism and genocide and incitement to those practices shall be prohibited.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(f) Those instruments of State power responsible for protecting the population which failed in their mission, particularly those elements of the defence and security forces guilty of excesses and violence against the innocent population;

[Page 59-69, Summary: CHAPTER II of the Protocol III - The Defence and Security Forces. It addresses specifically principles relating to the defence and security forces; principles of organisation of the defence and security forces; mission of the defence and security forces; structure of the defence and security forces; structure of the defence of the defence and security forces - see also annexe II to the agreement; composition of the defence and security forces; size of the defence and security forces; balances within the defence and security forces; recruitment; training; organs laws, regulatory texts and disciplinary system; names of the defence and security forces; demobilisation; security partners.]

Page 69-70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
1. Ceasefire means the cessation of:
...
(c) 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. The belligerents are:
(a) The Government forces;

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
- The Technical Committee to implement the procedures for the establishment of a national defence force;

Page 90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
5. Technical Committee to implement the procedures for the establishment of a national
defence force
(a) The establishment of the national defence force, its name, its strength, its training, its conditions of service and its functioning shall be as defined in the relevant provisions of Chapter II of Protocol III to the Agreement and in organic laws, regulatory texts and disciplinary rules adopted pursuant to article 11, paragraph 5, and article 19 of that Protocol.
(b) The organic laws, regulatory texts and disciplinary rules referred to above shall be adopted by the appropriate transitional institutions within 30 days from the adoption of the Constitution.
(c) The Technical Committee to implement the procedures for the establishment of a national defence force referred to in article 14, paragraph 1 (d) of Protocol III to the
Agreement shall be constituted within 15 to 30 days after the adoption of the texts referred to in paragraph (b) above. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
DDR
DDR programmes
Page 6, Article 2:
...
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.

Page 51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, 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.

Page 67-68, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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.

Page 72, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - 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;

Page 73-74, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
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;

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
...
- The Reintegration Commission;

Page 90-92, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
...
(f) The operations consisting of the ceasefire, disengagement, quartering and demobilization of the forces shall be completed within six months from the commencement of the activities of the Ceasefire Commission.
...
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.

Page 93, PROTOCOL V: Guarantees in Implementation of the Agreement, 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:
...
(b) Supervising integration;
(c) Providing technical support for demobilization aid and training;
Intelligence services
Page 32, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 6: The Legislature:
...
17. The Senate shall approve solely the following appointments:
(a) The heads of the defence forces, the police and the intelligence service;

Page 59, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, 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

[Page 59-69, Summary: CHAPTER II of the Protocol III - The Defence and Security Forces. It addresses specifically principles relating to the defence and security forces; principles of organisation of the defence and security forces; mission of the defence and security forces; structure of the defence and security forces; structure of the defence of the defence and security forces - see also annexe II to the agreement; composition of the defence and security forces; size of the defence and security forces; balances within the defence and security forces; recruitment; training; organs laws, regulatory texts and disciplinary system; names of the defence and security forces; demobilisation; security partners].
Parastatal/rebel and opposition group forces
Page 5, Article 1:
...
2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.
....
(c) Pending the negotiation and agreement of a comprehensive cease-fire agreement with the armed wings of non-signatory parties, Chapter III of Protocol III to the Agreement shall not come into effect; following the conclusion of the ceasefire agreement, it shall be deemed to be amended so as to be consistent with the provisions thereof.

Page 5-6, Article 2:
...
2. The Parties accordingly call upon armed wings of non-signatory parties to suspend hostilities and violent actions immediately, and invite such non-signatory parties to participate in or engage in serious negotiations towards a cease-fire. The Parties agree that in addition to this public invitation included herein, they will as a priority take all reasonable and necessary steps to invite such Parties to participate in cease-fire negotiations.
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.

Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 19 - Defence and security forces:
1. Associations having the character of militias shall be prohibited.

Page 50-51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
(a) Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
...
9. During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(b) Lack of respect for authority and the law giving rise to anarchy, mistrust and lack of civic spirit, which lead to civil unrest and rebellion;

Page 67, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 21 - Demobilization:
...
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.
...
7. The categories of people to be demobilized shall be:
...
(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.

Page 69-71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
1. Ceasefire means the cessation of:
...
(c) 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. The belligerents are:
...
(b) The combatants of the political parties and movements which signed the Declaration of 21 June 1998;
(c) The combatants of political parties and movements operating within the country which did not sign the Declaration of 21 June 1998;
(d) The political and ethnic militias operating within the country.

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
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.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 8 - Local government:
...
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
(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 report instances of corruption;

Page 48-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
13.
(c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the administrators to be elected by direct universal suffrage.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.

Page 61, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
2. Missions of the national police
The missions of the national police shall be:
...
(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;

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(f) To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;
Crime/organised crime
Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 8 - Local government:
...
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
(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 report instances of corruption;

Page 48-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
13.
(c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the administrators to be elected by direct universal suffrage.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.

Page 61, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
2. Missions of the national police
The missions of the national police shall be:
...
(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;

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(f) To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;
Drugs
Page 21, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
Principles and measures relating to the economy
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 7: The Executive:
...
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.

Page 34, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 8 - Local government:
...
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.

Page 36, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 10 - The administration:
...
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.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
(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 report instances of corruption;

Page 48-49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20 - Elections:
...
13.
(c) For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the administrators to be elected by direct universal suffrage.
(d) At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
...
(e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
...
(d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.

Page 61, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
2. Missions of the national police
The missions of the national police shall be:
...
(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;

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(f) To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;
Terrorism
Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
9. The establishment of militias and terrorist and genocidal organizations, the practice of terrorism and genocide and incitement to those practices shall be prohibited.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 4 - Nature of the insecurity and violence:
The violence is political, economic and social in nature and is expressed in genocidal, criminal and terrorist form.

Page 62, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 12 - Missions of the defence and security forces:
...
3. Missions of the intelligence service
The missions of the intelligence service shall be:
...
(f) To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;

Page 69-70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
1. Ceasefire means the cessation of:
...
(c) 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;

Transitional justice

Transitional justice general
Page 3, Untitled Preamble:
...
Reaffirming our unwavering determination to put an end to the root causes underlying the recurrent state of violence, bloodshed, insecurity, political instability, genocide and exclusion which is inflicting severe hardships and suffering on the people of Burundi, and seriously hampers the prospects for economic development and the attainment of equality and social justice in our country,

Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Aware of the vital need to promote lasting peace in Burundi and to put an end to the conflict, division and suffering inflicted on the Burundian people,

Page 26, Protocol II: Democracy and Good Governance provides, Chapter I: Constitutional Principles on the Post-Transitional Constitution, Article 1 - Fundamental values:
...
5. The task of government shall be to realize the aspirations of the Burundian people, and in particular to heal the divisions of the past, to improve the quality of life of all Burundians, and to ensure that all Burundians are able to live in Burundi free from fear, discrimination, disease and hunger.

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(e) To ensure the adoption of agreed measures to confront the consequences of the past and avoid any recurrence of genocide, exclusion and impunity;

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17 - Judicial and administrative reforms:
...
3.
...
(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;

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
11. The ideals of peace and national unity shall be promoted and developed within the political parties, and propagation of the ideologies of exclusion, racism and genocide shall be prohibited.

Page 55-56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
The causes of the violence and security in Burundi are:
The colonial period
1. The breaking apart of the pre-colonial political and administrative equilibrium among the Baganwa, the Batutsi and the Bahutu triggered off by the implementation of the administrative reforms of the 1930s which resulted in the dismissal from their administrative positions of most of the Hutu chiefs and some of the Tutsi chiefs.
2. A discriminatory system which did not offer equal educational access to all Burundian youths from all ethnic groups.
3. The erosion of some basic traditions, cultural norms and values that had hitherto been the foundations of the unity, solidarity and cohesion of the fabric of Burundian society and of Burundians.
4. The disruption of the traditional socio-political system in effect under the monarchy, which led to erosion of the bonds that provided the foundations of Burundi’s political stability.
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
(a) The poor conception of power; lack of good leadership, lack of respect for the law and demonization of political opponents;
(b) The assassination of great Burundian leaders (Rwagasore, Ngendandumwe, Ndadaye);
(c) Impunity of those committing political crimes and human rights violations and practising regionalism, patronage, cronyism and corruption;
(d) The struggle for influence by the great powers, foreign interference in Burundi’s internal affairs and the proliferation of arms in the region;
(e) Failure to satisfy the basic needs of the citizens as a result of economic underdevelopment and lack of a sound economic policy that led to disillusionment and an erosion of support for the political system;
(f) The distortion of Burundi’s history;
(g) The ideology and practice of genocide and exclusion.
6. The aftermath of the colonial system, the inadequacy of the basic reforms of the institutional arrangements inherited from colonization for governance, administration and the maintenance of order and security for all.
7. The unbridled struggle for power which, following the principle that «the end justifies the means», resulted in recourse to violence and the deliberate manipulation of ethnic sentiments as legitimate methods of access to and retention of power.
8. Lack of respect by certain political actors for the basic normative rules and principles of good governance, particularly those concerning separation of the legislature, the executive and the judiciary, independence of the magistracy, satisfaction of basic human needs and the maintenance of order and security for all.
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.
10. Non-acceptance of peaceful co-existence, diversity and pluralism as guiding principles of life and the basis of national cohesion, unity and solidarity.
11. Lack of appropriate action by the United Nations to rule on the acts of genocide perpetrated in Burundi since independence.

Page 56-57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
(a) Some foreign countries, foreign organizations, political or otherwise, and certain foreign lobbies;
(b) National and foreign individuals and groups, as well as organizations, institutions, parties and movements, which conceived, abetted, condoned, encouraged, incited and practised divisions, violence and violent methods of access to and retention of power;
(c) Political, administrative and religious leaders, as well as technical staff, who contributed to perpetrating the genocide;
(d) Persons responsible for the violence perpetrated during the crises of 1965-1969, 1972, 1988, 1991 and 1993 to date;
(e) The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;
(f) Those instruments of State power responsible for protecting the population which failed in their mission, particularly those elements of the defence and security forces guilty of excesses and violence against the innocent population;
(g) Those elements who practise genocide and their allies.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 4 - Nature of the insecurity and violence:
The violence is political, economic and social in nature and is expressed in genocidal, criminal and terrorist form.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 5 - Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;
(b) Massive forcible displacements of individuals, families and groups who as a result leave their customary places of residence and become refugees outside the country or remain inside the country as displaced and regrouped persons in camps, tents, shacks and other makeshift arrangements;
(c) Destruction of national and socio-economic infrastructures, as well as of public and private property.

Page 57, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 6 - Consequences of the insecurity and violence:
The most serious consequences of the insecurity and violence are:
(a) Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;
(b) Lack of respect for authority and the law giving rise to anarchy, mistrust and lack of civic spirit, which lead to civil unrest and rebellion;
(c) The spread of the culture of violence, leading to a general disdain for the sanctity of human life;
(d) Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
1. Composition of the national defence force
...
(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’état.
...
2. Composition of 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.

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Concerned also about the negative impact of the conflict on Burundian women and children,
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,
Amnesty/pardon
Amnesty/pardon proper
Page 72, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(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’état.

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
...
(i) The amnesty provided for in article 26(l) of Protocol III to the Agreement shall go into effect on the date of signature of the Agreement.
Relief of other sanctions
Page 49, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
2. By its signature the National Assembly agrees, within four weeks, to:
...
(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.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 14 - Composition of the defence and security forces:
1. Composition of the national defence force
...
(e) Members of the Burundian armed forces found guilty of acts of genocide, coups d’état, 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.
...
2. Composition 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.
Courts
International courts
[Page 15-24 - Summary : The Protocol I, entitled 'Nature of the Burundi Conflict, problems of genocide and exclusion and their solutions', provides in its entirety for Past provisions. It address specifically: 1. Nature and historical causes of the conflict; and 2. Solutions. It provides for National Truth and Reconciliation Commission (Article 8.1 ); an International Judicial Commission of Inquiry to be established by the UNSC (Article 6, par.10) and an international criminal tribunal for Burundi (Article 6, par. 11).] [restated in Protocol 2, Ch.2, Article 18; also mentioned in Protocol 5, Article 5(3) & 5(4)]

Page 53, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
3. The institutions have the primary duty to guarantee:
...
(c) The protection of all the ethnic communities of the population through specific mechanisms for the prevention of coups d’état, segregation and genocide;
(d) Respect for the law and combating of impunity;

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.

Page 89-90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
3. International Judicial Commission of Inquiry
(a) The transitional Government shall address the request referred to in article 6, paragraph 10, of Protocol I to the Agreement to the United Nations Security Council within 30 days from its installation.
(b) International criminal tribunal
The Government of Burundi shall address the request referred to in article 6, paragraph 11, of Protocol I to the Agreement to the United Nations Security Council within 15 days after publication of the report of the International Judicial Commission of Inquiry.
4. National Truth and Reconciliation Commission
The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office. The Commission shall begin work within 15 days after its establishment.

Page 89-90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
3. International Judicial Commission of Inquiry
(a) The transitional Government shall address the request referred to in article 6, paragraph 10, of Protocol I to the Agreement to the United Nations Security Council within 30 days from its installation.
(b) International criminal tribunal
The Government of Burundi shall address the request referred to in article 6, paragraph 11, of Protocol I to the Agreement to the United Nations Security Council within 15 days after publication of the report of the International Judicial Commission of Inquiry.
4. National Truth and Reconciliation Commission
The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office. The Commission shall begin work within 15 days after its establishment.
Mechanism
Page 4, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
Protocol I: Nature of the conflict, problems of genocide and exclusion and their solutions;

[Page 15-24 - Summary : The Protocol I, entitled 'Nature of the Burundi Conflict, problems of genocide and exclusion and their solutions', provides in its entirety for Past provisions. It address specifically: 1. Nature and historical causes of the conflict; and 2. Solutions. It provides for National Truth and Reconciliation Commission (Article 8.1 ); an International Judicial Commission of Inquiry to be established by the UNSC (Article 6, par.10) and an international criminal tribunal for Burundi (Article 6, par. 11).] [restated in Protocol 2, Ch.2, Article 18; also mentioned in Protocol 5, Article 5(3) & 5(4)]

Page 46-47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - impunity during the transition:
1. In accordance with Protocol I to the Agreement, the transitional Government shall request the establishment of an International Judicial Commission of Inquiry which will investigate acts of genocide, war crimes and other crimes against humanity and report thereon to the Security Council of the United Nations.
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.
3. The transitional Government shall scrupulously fulfill the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Page 46-47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
1. In accordance with Protocol I to the Agreement, the transitional Government shall request the establishment of an International Judicial Commission of Inquiry which will investigate acts of genocide, war crimes and other crimes against humanity and report thereon to the Security Council of the United Nations.
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Page 53, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
3. The institutions have the primary duty to guarantee:
...
(c) The protection of all the ethnic communities of the population through specific mechanisms for the prevention of coups d’état, segregation and genocide;
(d) Respect for the law and combating of impunity;

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d’état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.

Page 89-90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
3. International Judicial Commission of Inquiry
(a) The transitional Government shall address the request referred to in article 6, paragraph 10, of Protocol I to the Agreement to the United Nations Security Council within 30 days from its installation.
(b) International criminal tribunal
The Government of Burundi shall address the request referred to in article 6, paragraph 11, of Protocol I to the Agreement to the United Nations Security Council within 15 days after publication of the report of the International Judicial Commission of Inquiry.
4. National Truth and Reconciliation Commission
The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office. The Commission shall begin work within 15 days after its establishment.

Page 92, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 6 - Genocide, war crimes and other crimes against humanity:
The Implementation Monitoring Committee shall ensure implementation of the measures specified in Protocol I to the Agreement relating to the prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity.
Prisoner release
Page 44, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
... 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.
(b) The establishment of this commission shall not preclude the transitional Government or the transitional National Assembly dealing with the above matters.

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
... 2. The cessation of hostilities shall involve:
... (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;

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
... (c) 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;
Vetting
No specific mention.
Victims
Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Political principles and Measures:
...
8. Institution of a national day of remembrance for victims of genocide, war crimes and other crimes against humanity, and taking of measures that would facilitate the identification of mass graves and ensure a dignified burial for the victims.

Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
Principles and measures relating to social services
25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
...
(d) Return to the rightful successors of the victims of the various crises of property confiscated by certain bodies or by the State or stolen by third parties: movable and immovable property, bank and Savings Bank (CADBU) assets, contributions to the Social Security Fund (INSS);
(e) Establishment of a National Commission for the Rehabilitation of Sinistrés to benefit the victims of the various crises;

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(c) To ensure the repatriation, resettlement and reintegration of Burundians living outside the national territory and the rehabilitation of the sinistrés;

Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
...
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Page 58, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 7 - Victims of the insecurity and violence:
The main victims of the insecurity and violence are:
(a) The nation, some political officials, and individuals forced to flee from their original places of residence into exile, settlements and camps;
(b) Individuals, groups, and categories of the population, both Hutu and Tutsi, targeted on account of their beliefs or political affiliation and on the basis of their ethnic origin.

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(d) Humanitarian assistance shall be facilitated through humanitarian corridors in order to render assistance to displaced persons, refugees and other sinistrés;

[Page 76-81 - Summary: Chapter 1 of the Protocol IV provides in its entirety for Resettlement of Refugees and Sinistres. It addresses specifically its definitions; principles governing return, resettlement and reintegration; preparatory activities - including setting up a National Commission for the Rehabilitation of Sinistrés (CNRS); guidelines governing resettlement and integration; actions with regard to returnees in their country of asylum; other actions; access and safety of international personnel; issues relating to land and other property].

Page 87-88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
1. Role of the Implementation Monitoring Committee
The functions of the Implementation Monitoring Committee shall be to:
...
(f) Give guidance to and coordinate the activities of all the commissions and subcommissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
...
- The National Commission for the Rehabilitation of Sinistrés;

Page 92, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
9. National Commission for the Rehabilitation of Sinistrés
The organ provided for in article 3, paragraph (a) of Protocol IV to the Agreement, shall be constituted within 30 days after the signature of the Agreement. It shall begin its work upon the election of its chairperson and shall report to the Implementation Monitoring Committee.
It shall be based in Bujumbura. It shall be in place until the end of the transition period.
Missing persons
No specific mention.
Reparations
Symbolic reparations
Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Political principles and Measures:
...
8. Institution of a national day of remembrance for victims of genocide, war crimes and other crimes against humanity, and taking of measures that would facilitate the identification of mass graves and ensure a dignified burial for the victims.
Material reparations
Page 22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
Principles and measures relating to social services
25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
...
(d) Return to the rightful successors of the victims of the various crises of property confiscated by certain bodies or by the State or stolen by third parties: movable and immovable property, bank and Savings Bank (CADBU) assets, contributions to the Social Security Fund (INSS);
(e) Establishment of a National Commission for the Rehabilitation of Sinistrés to benefit the victims of the various crises;

Page 47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
...
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.
Reconciliation
Page 3, Untitled Preamble:
...
Determined to put aside our differences in all their manifestations in order to promote the factors that are common to us and which unite us, and to work together for the realization of the higher interests of the people of Burundi,

Page 3, Untitled Preamble:
...
Aware of the fact that peace, stability, justice, the rule of law, national reconciliation, unity and development are the major aspirations of the people of Burundi,
...
Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

Page 6, Article 3:
The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Page 15, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, PREAMBLE:
...
Resolved to eradicate genocide and to reject all forms of division, discrimination and exclusion,
Motivated by the concern to work towards national reconciliation, Have agreed as follows:

Page 17, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.
2. A reorganization of the State institutions to make them capable of integrating and reassuring all the ethnic components of Burundian society.

Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Political principles and Measures:
...
3. Implementation of a vast awareness and educational programme for national peace, unity and reconciliation.

Page 19-22, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 7 - Principles and measures relating to exclusion:
...
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
...
Cultural principles and measures
26. Education of the population, particularly of youth, in positive traditional cultural values such as solidarity, social cooperation, forgiveness and mutual tolerance, Ibanga (discretion and sense of responsibility), Ubupfasoni (respect for others and for oneself) and Ubuntu (humanism and character).
27. Rehabilitation of the institution of Ubushingantahe.

Page 23-24, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, 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.

Page 25, Protocol II: Democracy and Good Governance, Chapter 1: Constitutional Principles on the Post-Transitional Constitution, Preamble:
...
Reaffirming our commitment to a democratic system of government, inspired by the realities of our country, that guarantees security and justice for all, and is founded on the values of unity without exclusion,

Page 39, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article - 12 Objectives:
...
2. The objectives of the transitional arrangements shall be:
...
(b) To reconcile and unite Burundians and lay the foundations for a democratic and united Burundi, inter alia by promoting a broad programme of education in peace, democracy and ethnic tolerance;

Page 40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 14 - Political parties during the transition:
...
5. In order to promote national renewal, reconciliation and unity, no party shall be registered if it is established on the basis of ethnic or regional exclusivity. This sub-clause shall take effect nine months after the commencement of the transition period, in order to enable parties whose names or constitution do not satisfy this requirement to duly amend them so as to comply.
6. No political party may participate in the transitional arrangements, including those relating to the integration of the defence and security forces, if they do not respect the commitments embodied in the Agreement. Each such «participating party» must sign the pledge annexed hereto confirming its intention to participate in the transitional arrangements and its commitment to peace, reconciliation and democracy.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
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.

Page 46-47, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 18 - Combating impunity during the transition:
...
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.

Page 55-56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
The causes of the violence and security in Burundi are:
The colonial period
...
3. The erosion of some basic traditions, cultural norms and values that had hitherto been the foundations of the unity, solidarity and cohesion of the fabric of Burundian society and of Burundians.
...
The post-colonial period
...
10. Non-acceptance of peaceful co-existence, diversity and pluralism as guiding principles of life and the basis of national cohesion, unity and solidarity.

Page 66, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 16 - Balances within the defence and security forces:
...
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.

Page 69, Protocol III: Peace and Security for All, CHAPTER II: THE DEFENCE AND SECURITY FORCES, Article 23 - National, regional, and international environment:
...
3. After the signature of the Agreement, the armed signatories to the Agreement, politicians and political leaders, religious organizations and civil society shall be called upon to address to the Burundian population signals and messages of peace, reconciliation and national unity.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13 - Political reconstruction:
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:
(a) Launching of a multi-faceted national reconciliation programme;

Page 89-90, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
4. National Truth and Reconciliation Commission
The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office. The Commission shall begin work within 15 days after its establishment.

Implementation

UN signatory
Secretary-General of the United Nations signs as witness.

Page 3, Untitled Preamble:
Expressing our deep appreciation for the persistent efforts of the Facilitators, the late Mwalimu Julius Kambarage Nyerere and Mr. Nelson Rolihlahla Mandela, the States of the Great Lakes region and the international community with a view to assisting the people of Burundi to return to peace and stability,
...
In the presence of:
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,

Page 6, Article 4:
The Agreement shall be signed by the Parties. The Facilitator, the President of the Republic of Uganda as the Chairman of the Regional Peace Initiative on Burundi, the President of the Republic of Kenya as the region’s elder statesman and the President of the United Republic of Tanzania as the host, and the representatives of the United Nations, the Organization of African Unity, the European Union and the Mwalimu Nyerere Foundation shall also affix their signatures hereto as witnesses and as an expression of their moral support for the peace process.

Page 13-14, COSIGNATORIES:
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
Other international signatory
Page 3, Untitled Preamble:
Expressing our deep appreciation for the persistent efforts of the Facilitators, the late Mwalimu Julius Kambarage Nyerere and Mr. Nelson Rolihlahla Mandela, the States of the Great Lakes region and the international community with a view to assisting the people of Burundi to return to peace and stability,
...
In the presence of:
- H. E. Mr. Nelson Rolihlahla Mandela, Facilitator,
- H. E. General Gnassingbé Eyadéma, President of the Republic of Togo and current Chairman of the Organization of African Unity,
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania,
- H. E. Frederick J. T. Chiluba, President of the Republic of Zambia,
- H. E. Major-General Paul Kagame, President of the Republic of Rwanda,
- H. E. Laurent Désiré Kabila, President of the Democratic Republic of the Congo,
- H. E. Meles Zenawi, Prime Minister of the Republic of Ethiopia,
...
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- H. E. Dr. Boutros Boutros Ghali, Secretary-General of the International Organization of la Francophonie, and
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation,
Do hereby resolve and commit ourselves to be bound by the provisions of the Arusha Peace and Reconciliation Agreement for Burundi, hereinafter referred to as «the Agreement».

Page 6, Article 4:
The Agreement shall be signed by the Parties. The Facilitator, the President of the Republic of Uganda as the Chairman of the Regional Peace Initiative on Burundi, the President of the Republic of Kenya as the region’s elder statesman and the President of the United Republic of Tanzania as the host, and the representatives of the United Nations, the Organization of African Unity, the European Union and the Mwalimu Nyerere Foundation shall also affix their signatures hereto as witnesses and as an expression of their moral support for the peace process.

Page 13-14, COSIGNATORIES:
- H. E. Mr. Nelson Rolilhalha Mandela, Facilitator;
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon.Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation
Referendum for agreement
No specific mention.
International mission/force/similar
Page 6, Article 2:
...
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.

Page 18, PROTOCOL I: NATURE OF THE BURUNDI CONFLICT, PROBLEMS OF GENOCIDE AND EXCLUSION AND THEIR SOLUTIONS, CHAPTER II: Solutions, Article 6 - Principles and measures relating to genocide, war crimes and other crimes against humanity:
Principles and measures in the area of justice:
10. Request by the transitional Government for the establishment by the United Nations Security Council of an International Judicial Commission of Inquiry on genocide, war
crimes and other crimes against humanity responsible for:
...
(d) Submitting its report to the United Nations Security Council;
(e) The Commission shall make use of all the reports that already exist on this subject, including the 1985 Whitaker report, the 1994 non-governmental organizations’ report, the 1994-1994 report by ambassadors and the 1996 report of the United Nations International Commission of Inquiry.
11. Request by the Government of Burundi for the establishment by the United Nations Security Council of an international criminal tribunal to try and punish those responsible should the findings of the report point to the existence of acts of genocide, war crimes and other crimes against humanity.

Page 50-51, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
...
(d) Take the necessary steps, including the signing of international agreements, to facilitate the entry and deployment of observers and members of forces or security personnel as agreed in Protocol III to the Agreement.
...
14. In the event that a Party or participating party fails to comply with a directive of the Implementation Monitoring Committee, the Committee may:
...
(c) Request the appropriate assistance of any international body or State or Party in enforcing compliance.

Page 54, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 1 - Principles of peace and security for all:
...
4. Any foreign intervention other than under international conventions shall be prohibited. All recourse to foreign forces shall be prohibited, except when authorized by the institutions empowered to do so.

Page 55-56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 2 - Causes of the violence and insecurity in Burundi:
...
The post-colonial period
5. Political instability consequent upon the undermining of the legitimacy of the post- colonial institutions, accentuated by:
...
(d) The struggle for influence by the great powers, foreign interference in Burundi’s internal affairs and the proliferation of arms in the region;
...
11. Lack of appropriate action by the United Nations to rule on the acts of genocide perpetrated in Burundi since independence.

Page 56, Protocol III: Peace and Security for All, Chapter 1: Peace and Security for All, Article 3 - Persons responsible for and agents of the insecurity and violence:
The following were identified as responsible for and agents of the insecurity and violence:
(a) Some foreign countries, foreign organizations, political or otherwise, and certain foreign lobbies;
(b) National and foreign individuals and groups, as well as organizations, institutions, parties and movements, which conceived, abetted, condoned, encouraged, incited and practised divisions, violence and violent methods of access to and retention of power;

Page 71, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 26 - General principles:
1. The following principles are agreed upon:
...
(e) 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;
(f) 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;

Page 72-75, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
(a) 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.
...
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.

Page 88, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 3 - Implementation Monitoring Committee:
...
2. Composition and structure of the Implementation Monitoring Committee
(a) The Implementation Monitoring Committee shall have the following composition:
...
(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;

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
...
(c) In conformity with article 27, paragraph 1 of Protocol III, 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.

Page 90-91, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 5 - Commissions:
...
7. Ceasefire Commission
...
(g) Deployment and operations of the international peacekeeping force provided for in article 27, paragraph 5 of Protocol III to the Agreement shall commence as soon as possible after the establishment of the Ceasefire Commission. They shall be conducted in coordination and cooperation with the Ceasefire Commission.
(h) In performing their duties, the members of the Ceasefire Commission as well as those of the international peacekeeping and security force shall enjoy complete freedom of movement throughout the territory of Burundi.
...
8. Reintegration Commission
...
(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.

Page 93, PROTOCOL V: Guarantees in Implementation of the Agreement, 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.
Enforcement mechanism
Protocol 2, Article 17 provides for commission to be established by transitional National Assembly to monitor reforms of public admin and adminitration of justice, and make recommendations accordingly; Protocol 2, Article 20 establishes National Electoral Commission to organise and oversee elections; Protocol 3, Ch.3, Article 27 establishes Ceasefire Commission to consist of reps of govt, combatants, UN, OAU and Regional Peace Initiative, responsible for disarmament of all illegally armed civilians, investigating ceasefire violations, etc.; Protocol 3, Ch.2, Article 14 establishes Technical Committees to implement the procedures for national defense force, national police and the intelligence service, Article 21 (8) establishes Reintegration Commission for demobilised combatants; Protocol 4, Ch. 3, Article 17 Inter-Ministerial Reconstruction and Development unit; Protocol 5 'Guarantees on Implementation of the Agreement', provides extensively for implementation. Article 3 establishes Implementation Monitoring Committee to follow-up, monitor, supervise, coordinate and ensure the effective implementation of the agreement, and establish sectoral commissions. Will include parties' reps, govt rep, six Burundians of 'moral integrity', reps of UN, OAU, and regional Peace Initiative on Burundi; Annex 5 Implementation Timetable;

Page 4-5, Article 1:
The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
...
Protocol V: Guarantees on the implementation of the Agreement.
...
Annex V: Implementation timetable.

2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.
(a) Where the Protocols of the Agreement contemplates that decision was to be taken by the Parties at the time of signature of the Agreement, and such matters or decisions have not been so taken at the date of signature of the Agreement, they shall be taken by the signatory parties, with or without the assistance of the Facilitator, within 30 days of signature.
(b) Any provision of the Agreement or the protocols may be amended as provided for in article 20 of Protocol II or, pending the establishment of the Transitional National Assembly, with the consent of nine-tenths of the Parties;
(c) Pending the negotiation and agreement of a comprehensive cease-fire agreement with the armed wings of non-signatory parties, Chapter III of Protocol III to the Agreement shall not come into effect; following the conclusion of the ceasefire agreement, it shall be deemed to be amended so as to be consistent with the provisions thereof.

Members of the parties to the Burundi Peace Negotiations in Arusha which do not sign the Agreement shall not be entitled to participate or hold office in the transitional Government or the transitional Legislature unless such parties are admitted as participating parties in accordance with article 14 of Protocol II to the Agreement with the consent of four-fifths of the Parties.

Page 6, Article 2:
...
3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.

Page 39-40, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, 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.

Page 40-41, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 14 - Political parties during the transition:
...
10. A non-signatory party may become a participating party subsequent to the date of signature of the Agreement if four-fifths of the Parties represented in the Implementation Monitoring Committee so agree.
11. If a non-signatory party is admitted as a participating party in accordance with the present Protocol, it shall be accorded the same entitlement to participate in the transitional institutions and the Implementation Monitoring Committee as the other participating parties.

Page 42, Protocol II: Democracy and Good Governance provides, CHAPTER II TRANSITIONAL ARRANGEMENTS, Article 15 - Transitional institutions:
...
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.

Page 49-52, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 22 - Interim period:
...
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.
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
(a) Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
...
(c) Not destroy or allow the destruction of any record, file, or information or of any building or other property held by it during this period;
(d) Take the necessary steps, including the signing of international agreements, to facilitate the entry and deployment of observers and members of forces or security personnel as agreed in Protocol III to the Agreement.
7. The Minister and the chief career public servant in each ministry shall be jointly liable in law for any damage or destruction of any government property, including any record, file or any other document, held by it, for any misrepresentation in the asset inventory filed with the Implementation Monitoring Committee, or for any wasteful use of the ministry’s financial resources.
8. The Government shall be responsible for the day-to-day government of Burundi during the interim period. If during that period the Government should, without the approval of the Implementation Monitoring Committee, take any of the actions indicated in subparagraphs (a) – (d) below, such action may subsequently be reviewed by the transitional Government and, if found not to have been in the interests of good governance, summarily cancelled or reversed:
(a) Alter the conditions of service or levels of remuneration of public servants; (b) Make any appointment to or promotion within the public administration; (c) Sell State-owned immovable property;
...
(d) Enter into any contract for the supply of goods or services or the construction of any building, or for the erection or maintenance of any Government infrastructure, which will have the effect of incurring financial obligations on the part of the transitional Government. Any such contract concluded without the approval of the Implementation Monitoring Committee may be annulled by the transitional Government.
9. During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.
11. The Implementation Monitoring Committee may request and shall receive from the transitional Government any information relating to governmental activities, any relevant data regarding governance or any information relating to or required for the monitoring, supervision or implementation of the Agreement, including information relating to any international financial assistance.
12. The Implementation Monitoring Committee shall assist in soliciting or obtaining any international or foreign aid or assistance contemplated by the Agreement. It may generally advise any donor and suggest conditionalities in regard to any aid or assistance to be granted to, or agreements to be concluded with, the Government of Burundi. For this purpose it shall be informed of the details of any international agreements to be concluded with, or foreign aid to be donated to, the Burundian Government.
13. The Implementation Monitoring Committee may, at its discretion and for purposes of supervising, monitoring or ensuring the implementation of the Agreement, issue directives to any Party or participating party. All parties shall comply with such directives within the period specified in the directive.
14. In the event that a Party or participating party fails to comply with a directive of the Implementation Monitoring Committee, the Committee may:
(a) Place the party on terms to comply;
(b) Failing compliance with such warning, and after offering the party an opportunity to explain its non-compliance, suspend such party from participating in the transitional arrangements;
(c) Request the appropriate assistance of any international body or State or Party in enforcing compliance.
...

Page 70, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 25 - Definitions:
...
2. The cessation of hostilities shall involve:
...
(b) Cessation of hostilities shall be regulated and monitored through the committee to follow up, supervise, monitor and implement the Agreement (Implementation Monitoring Committee);

Page 73, Protocol III - The Defence and Security Forces, CHAPTER III: PERMANENT CEASEFIRE AND CESSATION OF HOSTILITIES, Article 27 - Verification and supervision
Ceasefire Commission:
...
2. Re-deployment of all troops to quartering centres
...
(b) A map identifying the military quartering locations shall be made available to the Implementation Monitoring Committee.

Page 85, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, 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 Sinistrés 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.

[Page 86-93 - Summary: The Protocol V provides in its entirety for GUARANTEES ON IMPLEMENTATION OF THE AGREEMENT. It address specifically: Acceptance and support of the Agreement by the Burundian people; Transitional institutions; Implementation Monitoring Committee; the Committee Facilitator; the International Judicial Commission of Inquiry; the International criminal tribunal; National Truth and Reconciliation Commission; the committee for national defence force; the committee for a national police; the Ceasefire Commission; the Reintegration Commission; the National Commission for the Rehabilitation of Sinistrés; Genocide, war crimes and other crimes against humanity; the Role of the international community; Peacekeeping; Financial guarantees; Role of the region].

The University of Edinburgh