The Pretoria Protocol on Political, Defence and Security Power Sharing in Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
The Pretoria Protocol on Political, Defence and Security Power Sharing in Burundi
Date
08/10/2003
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
Implementation/renegotiation
Conflict nature
Government
Peace process
16: Burundi: Arusha and related peace process
Parties
For the Transitional Government of Burundi:
- (Signed) His Excellency Domitien Ndayizeye, President of the Republic of Burundi
For the CNDD-FDD Movement:
- (Signed) Mr. Pierre Nkurunziza, Legal Representative of the CNDD-FDD Movement

Third parties
In the presence of:
(Signed) His Excellency Jacob Zuma, Deputy President of the Republic of South Africa, Facilitator of the Burundi Peace Process
Description
The agreement gives effect to the power sharing agreement of the December 2002. It contains a 'power-map' showing structures of organs of government. It addresses in particular the formation of the national defence force and demobilisation of CNDD-FDD.

Agreement document
BI_031008_PretoriaProtocol on Pretoria Protocol on Political, Defence and Security Power Sharing.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
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
No specific mention.
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)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
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, VII. OUTSTANDING MATTERS:
...
– CNDD-FDD as a political party.
...
These matters will be finalized at the next meeting that will be convened as a matter of urgency.
Other political parties reform
Page 1, Preamble:
...
- Recognizing that the conflict in Burundi requires an inclusive dialogue and participation of all political groups and movements,
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
State level
Summary: the Agreement provides for state level power-sharing, see below.
Sub-state level
Summary: the Agreement provides for state level power-sharing, at the level of provinces and local government, see below.
Executive coalition
Page 2, POLITICAL POWER ISSUES, EXECUTIVE:
The CNDD-FDD will have four ministries including a Minister of State. The Presidency will consult the Minister of State on all key matters.

Page 2, GOVERNORS OF PROVINCES:
CNDD-FDD will have:
– Three Governors.
– Five Advisors.

Page 2, LOCAL GOVERNMENT:
CNDD-FDD will have 30 Administrators.
Proportionality in legislature
Page 2, THE LEGISLATURE, National Assembly:
1. CNDD-FDD will participate in the Bureau as follows:
– Second-Vice President.
– Deputy Secretary-General.
The Bureau will be increased to six.
Two advisors will be appointed in the Staff of the National Assembly.
2. CNDD-FDD will also have 15 members of the Assembly.
3. Measures will be taken to respect the balance among the political families as reflected in the Arusha Agreement.

Page 2, Senate:
The question of the participation of the CNDD-FDD will be discussed at the next meeting, prior to the Regional Summit. (See Article VII below)
Other proportionality
Page 2, DIPLOMATIC CORPS:
CNDD-FDD will have:
– Two ambassadors.
– Six secretaries and/or advisors.
Territorial power sharing
No specific mention.
Economic power sharing
Sharing of resources
Page 2, PUBLIC ENTERPRIZES:
CNDD-FDD will lead 20% of these. The exact distribution will be negotiated later.
Military power sharing
Merger of forces
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in
accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the
Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical
Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

1.3 Formation of the Burundi National Defence Force (BNDF)
1.3.1 The integrated General Staff and the Officer Corps shall be composed of
60% officers selected from the governmental army and 40% officers from the CNDD-FDD.
1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size
of each party and of the agreed balance.
1.3.3 On proposal of the integrated General Staff, the government shall determine;
– The structure of the Burundi National Defence Force
– The size of the army and
– Composition of the officer corps.
1.3.4 The allocation of command posts shall be on the basis of ethnic balance (50-50) as stipulated in the Arusha Peace and Reconciliation Agreement.
1.3.5 The President of the Republic of Burundi undertakes to give expression to this arrangement through a Presidential decree.

Page 4, DEFENCE AND SECURITY ISSUES:
Page 4, DEFENCE AND SECURITY ISSUES:
II. BURUNDI POLICE FORCE
2.1 The parties agreed on the establishment of a new police force in Burundi.
2.2 The structure of the new Police Force will be guided by the following
principles:
– Inclusivity and integration.
– General Staff structure based on the principle of 65% TGoB and 35% – CNDD-FDD.
– The principle of 50-50 ethnic balance.
2.3 Composition of junior structures of the Police Force shall also be guided by the principles of inclusivity.
2.4 The decisions will be taken on the basis of consensus.

III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.

Page 5, V. INTELLIGENCE:
5.1 The parties agreed on the establishment of a ministry of intelligence under the President.
5.2 Parties will submit names for the General Staff of Intelligence to the President.
The agreed criteria for the composition will be as follows;
– 65% – TGoB
– 35% – CNDD-FDD
– The principle of 50-50 ethnic balance.
5.3 The President, informed by the capacity/suitability of persons proposed and guided by the principles of integration and inclusivity, shall retain the
discretion to determine the final composition of his General Staff of Intelligence.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
Joint command structures
Page 3, DEFENCE AND SECURITY ISSUES

1.3 Formation of the Burundi National Defence Force (BNDF)
1.3.1 The integrated General Staff and the Officer Corps shall be composed of
60% officers selected from the governmental army and 40% officers from the CNDD-FDD.
1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size
of each party and of the agreed balance.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
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, Preamble:
...
Taking note of the commitments of the TGoB and the CNDD-FDD to reach an all embracing agreement for the achievement of lasting peace, security and stability in Burundi,
Ceasefire
Ceasefire provision
Page 3, DEFENCE AND SECURITY ISSUES, I. THE BURUNDI NATIONAL DEFENCE FORCE:
...
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
1.4 Demobilisation
1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force in terms of the
Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.144 of the December 2002 Ceasefire Agreement.
1.4.2 The demobilization and integration of these combatants will be progressive, bearing in mind social stability and affordability. The
Government shall oversee this process through the Minister of State and the Minister of Defence.
1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi
National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi. The Government of Burundi shall oversee this process.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment
and barracking exercises.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
Police
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
II. BURUNDI POLICE FORCE
2.1 The parties agreed on the establishment of a new police force in Burundi.
2.2 The structure of the new Police Force will be guided by the following
principles:
– Inclusivity and integration.
– General Staff structure based on the principle of 65% TGoB and 35% – CNDD-FDD.
– The principle of 50-50 ethnic balance.
2.3 Composition of junior structures of the Police Force shall also be guided by the principles of inclusivity.
2.4 The decisions will be taken on the basis of consensus.

III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and
Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.
Armed forces
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and
Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
DDR
DDR programmes
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
1.4 Demobilisation
1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force in terms of the
Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.144 of the December 2002 Ceasefire Agreement.
1.4.2 The demobilization and integration of these combatants will be progressive, bearing in mind social stability and affordability. The
Government shall oversee this process through the Minister of State and the Minister of Defence.
1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi
National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi. The Government of Burundi shall oversee this process.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment and barracking exercises.
Intelligence services
Page 5, V. INTELLIGENCE:
5.1 The parties agreed on the establishment of a ministry of intelligence under the President.
5.2 Parties will submit names for the General Staff of Intelligence to the President.
The agreed criteria for the composition will be as follows;
– 65% – TGoB
– 35% – CNDD-FDD
– The principle of 50-50 ethnic balance.
5.3 The President, informed by the capacity/suitability of persons proposed and guided by the principles of integration and inclusivity, shall retain the
discretion to determine the final composition of his General Staff of Intelligence.
Parastatal/rebel and opposition group forces
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment
and barracking exercises.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Amnesty/pardon proper
Page 5, VII. OUTSTANDING MATTERS:
– Temporary Immunity.
...
These matters will be finalized at the next meeting that will be convened as a matter of urgency.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
In the presence of:
(Signed) His Excellency Jacob Zuma, Deputy President of the Republic of South Africa, Facilitator of the Burundi Peace Process
Referendum for agreement
No specific mention.
International mission/force/similar
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment and barracking exercises.
Enforcement mechanism
No specific mention.

The University of Edinburgh