Ceasefire Agreement between the Transitional Government of Burundi and the Conseil National pour la Defence de la Democratie-Forces pour la Defense de la Democratie

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Ceasefire Agreement between the Transitional Government of Burundi and the Conseil National pour la Defence de la Democratie-Forces pour la Defense de la Democratie
Date
02/12/2002
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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
Ceasefire/related (Ceasefire)
Conflict nature
Government
Peace process
16: Burundi: Arusha and related peace process
Parties
Signatories:
- For the Transitional Government of Burundi: (Signed) Pierre Buyoya
President of the Republic of Burundi
- For CNDD-FDD:
(Signed) Pierre Nkurunziza Legal representative
Third parties
Guarantors:
- Yoweri Kaguta Museveni, President of the Republic of Uganda (Chairman of the Regional Initiative)

Witnesses:
- Benjamin Mkapa, President of the United Republic of Tanzania (Vice-Chairman of the Regional Initiative)
- Ambassador Bah, Special Representative of the African Union in Burundi
- Ambassador Dinka, Special Representative of the United Nations Secretary-General in Burundi
- Deputy President Zuma Facilitator of the Burundi peace process
Description
The Agreement delineates the different stages of the ceasefire including disarmament, demobilisation and reintegration, restructuring of the security sector and establishing a new defence and security force for Burundi.

Agreement document
BI_021202_CeasefireAgreementBetweenTransitionalGovernment-CNDDFDD.pdf []

Groups

Children/youth
Substantive
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 8-9, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
...
2.1.6 The cessation of all acts of violence against the civilian population, acts of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 8, Annex 1 to the Burundi Ceasefire Agreement, D. Challenges to be faced:
1. A forces technical agreement will have to be negotiated and concluded as soon as possible in order to find solutions for the following:
...
1.4 Child soldiers;
Disabled persons
Substantive
Page 6, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army. Particular attention shall be paid to combatants and civilians disabled or maimed in the war.

Page 9, Annex 1 to the Burundi Ceasefire Agreement, D. Challenges to be faced:
1. A forces technical agreement will have to be negotiated and concluded as soon as possible in order to find solutions for the following:
...
1.2 The war wounded and disabled;
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Substantive
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.6 The cessation of all propaganda between the parties and of incitement to ethnic hatred both inside and outside the country;
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 8, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
...
2.1.5 The cessation of all propaganda between the parties and of incitement to ethnic hatred both inside and outside the country;

Page 8-9, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
...
2.1.6 The cessation of all acts of violence against the civilian population, acts of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
Religious groups
Substantive
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 2-3, Article II:
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 10, E. Definitions:
Ceasifire means:
2.1.6. The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
Temporary new institutions
Page 12, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
1.1 The return to constitutional legitimacy
...
1.11 Transitional institutions
Constitution's affirmation/renewal
Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
1.1 The return to constitutional legitimacy
...
1.7 Questions relating to the return to constitutional legitimacy
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
Rebels transitioning to political parties
Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.17 Upon signing the Ceasefire Agreement, CNDD-FDD shall become a political party under the terms of the new law on political parties to be promulgated by the Transitional Government.
1.1.19 The Facilitator of the Burundi peace process shall ensure that all political issues and pending security issues are resolved during the interim period.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.14 Civil service reform

Power sharing

Political power sharing
State level
Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
...
1.3 The establishment of a power-sharing system within the framework of an inclusive Transitional Government.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.12 CNDD-FDD shall take part in the Transitional Government’s power- sharing arrangements. The details shall be negotiated between the parties concerned.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Merger of forces
Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.

Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
...
1.2 The training of new defence and security forces, composed of government forces and combatants of the armed political parties;

. . .
1.1.8 In view of the security situation in Burundi, some troops of the Burundian army shall be excluded from the application of subparagraph 1.1.7 to enable them to perform the necessary security functions.
1.1.9 The Transitional Government of Burundi and CNDD-FDD shall set up joint military units, as a prelude to the establishment of the new army, to perform certain functions.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army. Particular attention shall be paid to combatants and civilians disabled or maimed in the war.
1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.
1.1.16 Burundi’s Transitional Government shall ensure that new, integrated units are created, comprising troops of the Burundian army and combatants of the armed groups, according to the agreed procedures;

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 2. Second stage, 2.1 Phase I:
2.1.1 Restructuring and definition of the structure of the new defence and security forces of Burundi.
2.1.2 Selection of personnel for Burundi’s new defence and security forces.
2.1.3 Officer training.
2.1.4 Training of soldiers.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 2. Second stage, 2.2 Phase II:
2.2.1 Establishment of Burundi’s new defence and security forces.

Page 6-7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
...
1.10 The parties shall hand over to the African mission a certified list of their combatants and their weapons and an inventory of their equipment.
1.11 The parties shall declare to the African mission the situation and location of their forces and all military equipment in their possession.
1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.

Page 7-8, Annex 1 to the Burundi Ceasefire Agreement, C. Integration and training of Burundi’s new national defence and security forces:
1.1 Structure
1.1.1 The parties shall design and agree upon a new national system for Burundi’s defence and security.
1.1.2 The parties shall agree upon the role, functions and structures of Burundi’s new national defence and security forces.
1.1.3 The parties shall agree upon the organization, strength and composition of Burundi’s new national defence and security forces.
1.2 Training
1.2.1 Each member selected for Burundi’s new national defence and security forces shall undergo training with a view to standardizing skills, techniques, procedures and regulations, so as to ensure the harmonious integration of military personnel.
1.2.2 Training shall be carried out in selected training institutions or in camps chosen for this purpose.
1.2.3 Officer training or specialized training may be provided inside or outside Burundi.
1.2.4 In order to build their capacities, officers of Burundi’s new defence and security forces shall be trained as instructors or specialists in various technical and specialized fields.
1.2.5 The parties shall agree on the countries to be selected to provide the necessary assistance in training and instructing Burundi’s new national defence and security forces.
1.2.6 The commanders of Burundi’s new national defence and security forces, as well as local and foreign instructors, shall agree on the syllabus for all subjects to be covered during training.

Page 9-10, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:

12. “Integration” means:
12.1 The process whereby various groups and/or individuals belonging to military units are put together to form a new entity. This process must be carried out at all levels of the forces system.

Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.4 The social welfare of combatants after the ceasefire
1.5 The position of combatants
1.6 The reasons why the various groups took up arms
...
1.8 Questions relating to defence and security
Proportionality
Page 4, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
1.1.3 Establishment of a Joint Ceasefire Commission and of joint liaison teams, one of which shall deal particularly with the forces technical agreement for Burundi’s new defence and security forces;
...
Page 8, Annex 1 to the Burundi Ceasefire Agreement, D. Challenges to be faced:
1. A forces technical agreement will have to be negotiated and concluded as soon as possible in order to find solutions for the following:
1.1 Surplus personnel who might not be integrated into the new national defence and security forces;
1.2 The war wounded and disabled;
1.3 Persons over the age limit for active service in the new defence and security forces;
1.4 Child soldiers;
1.5 Combatants’ ranks and hierarchy.

Human rights and equality

Human rights/RoL
Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
1.1 The founding of a State governed by the rule of law, based on national unity, democracy, pluralism and respect for human rights;
Equality
No specific mention.
Democracy
Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
1.1 The founding of a State governed by the rule of law, based on national unity, democracy, pluralism and respect for human rights;

Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.15 Democracy and good governance.
Protection measures
Other
Page 8, B. Obligations

2. Additional obligations of the Transitional Government of Burundi
2.3.1 Legal protection of members of the mission;
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 2. Additional obligations of the Transitional Government of Burundi:
...
2.3 The Transitional Government undertakes to sign a status-of-forces agreement with the African peacekeeping mission, which shall provide for, inter alia:
...
2.3.3 Unimpeded use of Burundi’s airspace.
Detention procedures
No specific mention.
Media and communication
Governance of media
Page 9, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
...
10. “Joint liaison teams” means:
10.1 Teams set up by the parties to the conflict and headed by observers whose role is to share information and facilitate communication between the parties at the working level in order to help reduce the number of ceasefire violations, clarify alleged violations of the Agreement and thus build confidence in the peace process among the public and the signatories.
Media roles
Page 6, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
...
1.2 Upon signing the Ceasefire Agreement, the parties shall cease all acts of violence and shall desist from public campaigns against the other parties. In other words, the media and public forums, among others, shall not be used to incite hostility.
Media logistics
Page 7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 2. Additional obligations of the Transitional Government of Burundi:
...
2.3 The Transitional Government undertakes to sign a status-of-forces agreement with the African peacekeeping mission, which shall provide for, inter alia:
...
2.3.2 Access to Burundi’s radio frequencies;
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.5 The total prohibition of mine-laying operations and of operations to obstruct defining;
...
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.19 The Facilitator of the Burundi peace process shall ensure that all political issues and pending security issues are resolved during the interim period.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.2 Phase II:
...
1.2.2 Demining and destruction of surplus weapons.

Page 6, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
...
1.6 Before proceeding to disengagement areas, the parties shall mark or indicate all dangerous areas where there are mines or booby traps or shall deactivate such mines or booby traps.
...
1.12 The parties shall indicate on maps the areas where there are minefields.

Page 8-9, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
...
2.1.4 The prohibition of mine-laying operations and of operations to obstruct defining;
...
2.1.6 The cessation of all acts of violence against the civilian population, acts of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
...
6. “Security zones” refers to:
6.1 Zones where there are no armed personnel other than members of international peacekeeping operations.
Ceasefire
Ceasefire provision
The agreement in its entirety provides for a ceasefire.
Police
Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.
Armed forces
Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
...
1.2 The training of new defence and security forces, composed of government forces and combatants of the armed political parties;

Page 4, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
1.1.3 Establishment of a Joint Ceasefire Commission and of joint liaison teams, one of which shall deal particularly with the forces technical agreement for Burundi’s new defence and security forces;
...
1.1.7 Troops of the Burundian armed forces and other combatants shall be confined to other areas to be agreed. The African mission’s military observers shall monitor the Burundian army’s heavy equipment in order to dispel the fears of opposition former combatants. Heavy equipment shall mean tanks, infantry, combat vehicles, artillery pieces of a calibre larger than 82-mm mortars, aircraft, etc.
1.1.8 In view of the security situation in Burundi, some troops of the Burundian army shall be excluded from the application of subparagraph 1.1.7 to enable them to perform the necessary security functions.
1.1.9 The Transitional Government of Burundi and CNDD-FDD shall set up joint military units, as a prelude to the establishment of the new army, to perform certain functions.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army. Particular attention shall be paid to combatants and civilians disabled or maimed in the war.
1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.
1.1.16 Burundi’s Transitional Government shall ensure that new, integrated units are created, comprising troops of the Burundian army and combatants of the armed groups, according to the agreed procedures;

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 2. Second stage, 2.1 Phase I:
2.1.1 Restructuring and definition of the structure of the new defence and security forces of Burundi.
2.1.2 Selection of personnel for Burundi’s new defence and security forces.
2.1.3 Officer training.
2.1.4 Training of soldiers.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 2. Second stage, 2.2 Phase II:
2.2.1 Establishment of Burundi’s new defence and security forces.

Page 6-7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
...
1.10 The parties shall hand over to the African mission a certified list of their combatants and their weapons and an inventory of their equipment.
1.11 The parties shall declare to the African mission the situation and location of their forces and all military equipment in their possession.
1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.

Page 7-8, Annex 1 to the Burundi Ceasefire Agreement, C. Integration and training of Burundi’s new national defence and security forces:
1.1 Structure
1.1.1 The parties shall design and agree upon a new national system for Burundi’s defence and security.
1.1.2 The parties shall agree upon the role, functions and structures of Burundi’s new national defence and security forces.
1.1.3 The parties shall agree upon the organization, strength and composition of Burundi’s new national defence and security forces.
1.2 Training
1.2.1 Each member selected for Burundi’s new national defence and security forces shall undergo training with a view to standardizing skills, techniques, procedures and regulations, so as to ensure the harmonious integration of military personnel.
1.2.2 Training shall be carried out in selected training institutions or in camps chosen for this purpose.
1.2.3 Officer training or specialized training may be provided inside or outside Burundi.
1.2.4 In order to build their capacities, officers of Burundi’s new defence and security forces shall be trained as instructors or specialists in various technical and specialized fields.
1.2.5 The parties shall agree on the countries to be selected to provide the necessary assistance in training and instructing Burundi’s new national defence and security forces.
1.2.6 The commanders of Burundi’s new national defence and security forces, as well as local and foreign instructors, shall agree on the syllabus for all subjects to be covered during training.

Page 8, Annex 1 to the Burundi Ceasefire Agreement, D. Challenges to be faced:
1. A forces technical agreement will have to be negotiated and concluded as soon as possible in order to find solutions for the following:
1.1 Surplus personnel who might not be integrated into the new national defence and security forces;
1.2 The war wounded and disabled;
1.3 Persons over the age limit for active service in the new defence and security forces;
1.4 Child soldiers;
1.5 Combatants’ ranks and hierarchy.

Page 9-10, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
3. “Disengagement of forces” means:
3.1 The breaking of tactical contact between the opposing military forces of the signatories to this Agreement, at places where they are in direct contact.
...
12. “Integration” means:
12.1 The process whereby various groups and/or individuals belonging to military units are put together to form a new entity. This process must be carried out at all levels of the forces system.

Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.4 The social welfare of combatants after the ceasefire
1.5 The position of combatants
1.6 The reasons why the various groups took up arms
...
1.8 Questions relating to defence and security

Page 10, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
12. “Integration” means:
12.1 The process whereby various groups and/or individuals belonging to military units are put together to form a new entity. This process must be carried out at all levels of the forces system.

Page 12, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.4 The social welfare of combatants after the ceasefire
1.5 The position of combatants
...
1.8 Questions relating to defence and security
DDR
DDR programmes
Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army. Particular attention shall be paid to combatants and civilians disabled or maimed in the war.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.2 Phase II:
...
1.2.1 Implementation of disarmament, demobilization and reintegration programmes.

Page 6, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 2. Additional obligations of the Transitional Government of Burundi:
2.1 At the time of signing the Ceasefire Agreement, Burundi’s Transitional Government shall submit to the African mission projects and programmes for ensuring disarmament and the disbanding of all militias. These shall include programmes for collecting up all weapons, ammunition, communications equipment and other lethal equipment, meaning that all such objects will be handed in to the authorities, as well as disarmament, demobilization and repatriation programmes.

Page 10, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
...
11. “Cessation of hostilities” means:
...
11.2 “Disarmament, demobilization and reintegration programmes” are:
11.3 Programmes based on the assumption that demobilization and reintegration will not occur spontaneously and that, unless these processes are put in place, their absence might derail or undermine the achievements of a peace process. They are normally divided into short-, medium- and long-term programmes and generally focus on the transition from a state of war to a state of peace and normal civilian life. They usually address food problems and seek to ensure substantial daily supplies until long-term programmes ensure self-sufficiency.

Page 10, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
12. “Integration” means:
12.1 The process whereby various groups and/or individuals belonging to military units are put together to form a new entity. This process must be carried out at all levels of the forces system.

Page 12, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
1.1 The return to constitutional legitimacy
...
1.4 The social welfare of combatants after the ceasefire
Intelligence services
Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.
Parastatal/rebel and opposition group forces
Page 2, Article VI:
1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:
...
1.2 The training of new defence and security forces, composed of government forces and combatants of the armed political parties;

Page 4-5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.5 Establishment by the two parties of a neutral, negotiated commission responsible for investigating the presence of foreign troops in Burundi and the presence of foreign troops within the ranks of CNDD-FDD, as well as the presence of Burundian forces in other countries.
Withdrawal of such forces, if there were any.
1.1.6 The belligerents shall move to assembly areas, with their weapons, under the supervision of the African mission. CNDD-FDD combatants shall be quartered in areas to be determined by the joint military commission.
...
1.1.9 The Transitional Government of Burundi and CNDD-FDD shall set up joint military units, as a prelude to the establishment of the new army, to perform certain functions.
...
1.1.12 CNDD-FDD shall take part in the Transitional Government’s power- sharing arrangements. The details shall be negotiated between the parties concerned.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
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1.1.16 Burundi’s Transitional Government shall ensure that new, integrated units are created, comprising troops of the Burundian army and combatants of the armed groups, according to the agreed procedures;
1.1.17 Upon signing the Ceasefire Agreement, CNDD-FDD shall become a political party under the terms of the new law on political parties to be promulgated by the Transitional Government.

Page 6-7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
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1.10 The parties shall hand over to the African mission a certified list of their combatants and their weapons and an inventory of their equipment.
1.11 The parties shall declare to the African mission the situation and location of their forces and all military equipment in their possession.
1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.

Page 6, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 2. Additional obligations of the Transitional Government of Burundi:
2.1 At the time of signing the Ceasefire Agreement, Burundi’s Transitional Government shall submit to the African mission projects and programmes for ensuring disarmament and the disbanding of all militias. These shall include programmes for collecting up all weapons, ammunition, communications equipment and other lethal equipment, meaning that all such objects will be handed in to the authorities, as well as disarmament, demobilization and repatriation programmes.

Page 8, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
2.1 The cessation of all hostilities and all operations linked to the fighting and the cessation of paramilitary actions by all the belligerents, whether they are for or against the signatories to the Ceasefire Agreement and the civilian population in general.

Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
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1.4 The social welfare of combatants after the ceasefire
1.5 The position of combatants
1.6 The reasons why the various groups took up arms
Withdrawal of foreign forces
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.4 The withdrawal of all foreign troops after the findings of the Commission of Inquiry which will investigate their presence within both the Burundian armed forces and the ranks of CNDD-FDD;

Page 4, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
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1.1.5 Establishment by the two parties of a neutral, negotiated commission responsible for investigating the presence of foreign troops in Burundi and the presence of foreign troops within the ranks of CNDD-FDD, as well as the presence of Burundian forces in other countries.
Withdrawal of such forces, if there were any.

Page 7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
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1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Transitional justice

Transitional justice general
Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.2 Questions relating to the management of the post-war situation
...
1.6 The reasons why the various groups took up arms
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, Article 2:
1. The Ceasefire Agreement shall entail:
...
1.3 The release of all political prisoners;

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
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1.1.13 After the signing of the ceasefire agreement, the parties shall address the issue of prisoners of war and political prisoners.

Page 8, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
2. “Ceasefire” means:
...
2.1.3 That, after the signing of the Ceasefire Agreement, the parties will address the issue of prisoners of war and political prisoners;
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 11, Annex 2:
1. The parties agree to enter into negotiations on the following questions:
...
1.13 National reconciliation

Implementation

UN signatory
Witnesses:
- Ambassador Dinka, Special Representative of the United Nations Secretary-General in Burundi
Other international signatory
Guarantors:
- Yoweri Kaguta Museveni, President of the Republic of Uganda (Chairman of the Regional Initiative)

Witnesses:
- Benjamin Mkapa, President of the United Republic of Tanzania (Vice-Chairman of the Regional Initiative)
- Ambassador Bah, Special Representative of the African Union in Burundi
- Deputy President Zuma Facilitator of the Burundi peace process
Referendum for agreement
No specific mention.
International mission/force/similar
Page 2, Article III:
1. The African mission shall be responsible for monitoring and verifying the ceasefire. Prior to this process, joint liaison teams shall be set up which shall function at the national, provincial and local levels.
2. The African mission shall create the organs and mechanisms for monitoring and verifying the ceasefire. It shall draw up its own rules of procedure.

Page 2, Article IV:
1. The joint liaison teams shall comprise representatives of all the signatories and of the African mission. The teams shall report to the African mission through the Joint Ceasefire Commission.

Page 4, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.4 Deployment of the African mission.
...
1.1.10 An international monitoring mechanism shall be established in cooperation with the Democratic Republic of the Congo to monitor the security situation in the eastern part of that country on an ongoing basis, in order to prevent “negative forces” from adversely affecting security inside Burundi.

Page 5, Annex 1 to the Burundi Ceasefire Agreement, A. Stages of the ceasefire, 1. First stage, 1.1 Phase I:
...
1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army. Particular attention shall be paid to combatants and civilians disabled or maimed in the war.

Page 6, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
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1.10 The parties shall hand over to the African mission a certified list of their combatants and their weapons and an inventory of their equipment.
1.11 The parties shall declare to the African mission the situation and location of their forces and all military equipment in their possession.

Page 7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 2. Additional obligations of the Transitional Government of Burundi:
2.1 At the time of signing the Ceasefire Agreement, Burundi’s Transitional Government shall submit to the African mission projects and programmes for ensuring disarmament and the disbanding of all militias. These shall include programmes for collecting up all weapons, ammunition, communications equipment and other lethal equipment, meaning that all such objects will be handed in to the authorities, as well as disarmament, demobilization and repatriation programmes.
2.2 These programmes shall be put into effect as soon as the Ceasefire Agreement is signed. All weapons collected up shall be handed over to the African mission for immediate destruction.
2.3 The Transitional Government undertakes to sign a status-of-forces agreement with the African peacekeeping mission, which shall provide for, inter alia:
2.3.1 Legal protection of members of the mission;
2.3.2 Access to Burundi’s radio frequencies;
2.3.3 Unimpeded use of Burundi’s airspace.

Page 9, Annex 1 to the Burundi Ceasefire Agreement, E. Definitions:
6. “Security zones” refers to:
6.1 Zones where there are no armed personnel other than members of international peacekeeping operations.
Enforcement mechanism
Page 2, Article III:
1. The African mission shall be responsible for monitoring and verifying the ceasefire. Prior to this process, joint liaison teams shall be set up which shall function at the national, provincial and local levels.
2. The African mission shall create the organs and mechanisms for monitoring and verifying the ceasefire. It shall draw up its own rules of procedure.

Page 6-7, Annex 1 to the Burundi Ceasefire Agreement, B. Obligations, 1. Obligations of all the parties:
...
1.5 The parties agree to participate and cooperate with the joint liaison teams and with the other ceasefire monitoring and verification mechanisms to be established pursuant to the Ceasefire Agreement.
1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.

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