Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi
Date
18/06/2006
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
Framework/substantive - comprehensive (Agreement)
Conflict nature
Government
Peace process
16: Burundi: Arusha and related peace process
Parties
The Governenment of Burundi and the Palipehutu-FNL

In the presence of :
...
- H.E. Pierre Nkurunziza, President of the Republic of Burundi

Signatory Party:
For the Government of Burundi - Name of the Representative: H.E. Evariste Ndayishimiye
Title: Head of the Burundi Government Delegation

For the Palipehutu-FNL - Name of the Representative: H.E. Agathon Rwasa
Title: Chairman
Third parties
Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles Nqakula, in terms of the mandate of the Regional Initiative for Peace in Burundi.

In the presence of :
- H.E. Jakaya Mrisho Kikwete, Deputy Chairperson of the Regional Initiative on the Burundi Peace Process;
- H.E. Charles Nqakula, Facilitaor;
- H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission;
- H.E. Ambassador Nureldin Satti, Special Representative of the United Nations, Secretary General Kofi Anan;
Description
This agreement defines comprehensive principles for peace and security in between the Government of Burundi and the FNL. It addresses the following dimensions: I. The History of Burundi and the Ethnic Question; II. Provisional Immunity for the members of the Palipehutu-FNL and its Transformation into a Political Party; III. Repatriation of Refugees and Return of the Displaced and Regrouped Persons; IV. Defence and Security Forces; V. Guarantors of the Process; VI: Non-engagement in Attacks.

Agreement document
BI_060618_Dar es salaam agreement of principles_BAD.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
Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Religious groups
Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
1. It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their homes of the people who were regrouped and who were displaced.
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.

Page 10, Annexure "A", Chapter 3: THE REPATRIATION OF REFUGEES AND THE RETURN OF DISPLACED AND REGROUPED PEOPLE, Article 5:
It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their homes of the people who were regrouped and who were displaced.
The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.
Social class
Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Gender

Women, girls and gender
Page 4, Article 1. The history of Burundi and the Ethnic Question:
...
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure A, Chapter 1. The history of Burundi and the Ethnic Question, Article 2
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.
Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Men and boys
Gender neutral wording
Article I.3. The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Annexure A
Chapter 1, Article 2 - restates Article I.3.
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
No specific mention.
Civil society
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
2. A commission of experts with the mandate to rewrite Hie history of Burundi shall be created. These experts shall consult all the components of Burundi society.
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
4. Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.
5. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
...
2. After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 1: A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission.
...
Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

age 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. T
..
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Proportionality
Page 11, ANNEXURE "B":
..
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Human rights and equality

Human rights/RoL
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
...
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.
Equality
No specific mention.
Democracy
Page 3, Untitled Preamble,
Realising that the search for peace has become of capital importance for our country to enjoy freedom, democracy, justice and peace, and for Burundi to be respected in the international community;

Page 5, Article IV. DEFENCE AND SECURITY FORCES:
...
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
...
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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
Socio-economic development
Page 5, Article IV. DEFENCE AND SECURITY FORCES:
...
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
...
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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
No specific mention.
Ceasefire
Ceasefire provision
Page 5, Article VI:
Having agreed to all the foregoing principles, the Parties agree to stop hostilities and commit to engage in serious discussions aimed at reaching a comprehensive ceasefire within a period of two weeks.
Police
Page 5, Article IV. DEFENCE AND SECURITY FORCES:
1. The overarching principle grading the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
The current, mechanism for the oversight of the Defence and Security Forces shall be strengthened.
The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
Armed forces
Page 5, Article IV. DEFENCE AND SECURITY FORCES:
1. The overarching principle grading the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
The current, mechanism for the oversight of the Defence and Security Forces shall be strengthened.
The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity. A procedure for the release of political prisoners and prisoners of war shall also start.
2. After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 4:
After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 11, ANNEXURE "B":
..
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FN
Courts
No specific mention.
Mechanism
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
1. In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country. It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.
2. A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
4. Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.
5. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Untitled Introduction:
In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country. It has also proven important to put in place mechanisms to ensure that the mistakes of tbe past are never repeated.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 1: A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Prisoner release
Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity. A procedure for the release of political prisoners and prisoners of war shall also start.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
...
A procedure for the release of political prisoners and prisoners of war shall also start.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Implementation

UN signatory
Acting Special Representative of the UN Secretary General in Burundi is a co-signatory.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
...
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution.

age 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
Enforcement mechanism
No specific mention.

The University of Edinburgh