Constitution de transition du 28 octobre 2001

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Constitution de transition du 28 octobre 2001
Date
28/10/2001
Agreement status
Multiparty signed/agreed
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 (Constitution)
Conflict nature
Government
Peace process
19: Burundi: Arusha and related peace process
Parties
Third parties
Description
This agreement is a transitional constitution that abrogated the 1998 transitional Constitution. It addresses the following points in its 16 titles: (1) General Dispositions; (2) State and Citizen Sovereignty; (3) Human Rights, Individual and Citizen Obligation; (4) Political Parties System; (5) Executive Power, (6) Legislative Power; (7) On Executive and Legislative Relations; (8) On Judiciary Power; (9) On Defence and Security Forces; (10) On Territorial Collectivities; (11) On elections during the transition; (12) National Councils; (13) National and International Commissions; (15) On International Treaties and Agreements; (16) On Revision of the Transitional Constitution; (17) Transitional and Final Dispositions.

Agreement document
BI_011021_Constitution de Transition-tr.pdf

Agreement document (original language)
BI_011028_Constitution_de_transition.pdf

Main category
Page 2, Title I: General Dispositions, Article 4:
The transitional period is dedicated to the achievement of the following objectives:

3° Reconcile and unify Burundians, and lay the foundations of a democratic and unified Burundi, thanks to, inter alia, the promotion of a vast education programme on peace, democracy, and ethnic, regional, religious gender tolerance and other equality status issues.

Page 4, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, Article 15:
The rights and duties proclaimed and guaranteed by the Charter of National Unity, the Universal Declaration of Human Rights, international treaties relating to human rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, the International Convention on the Elimination of all Forms of Racial Discrimination and the Convention on the Rights of the Child form an integral part of the present Transitional Constitution. These basic rights are not the subject of any restriction or dispensation, except in certain justifiable circumstances, acceptable under international law and for which provision has been made in the present Transitional Constitution.

Page 4, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, 1. Rights of the Individual, Article 21:
Every woman and man has the right to life, to security of the person and to physical integrity.

Page 5, TITLE III: HUMAN RIGHTS, DUTIES OF THE INDIVIDUAL AND OF THE CITIZEN, 1. Rights of the Individual, Article 23:
All women and all men are equal in dignity, rights and duties. No one may be discriminated against, notably because of origin, race, ethnicity, sex, colour, language, social situation, religious, philosophical or political convictions, a physical or mental handicap, or for being a carrier of HIV/AIDS. All citizens are equal before the law, which ensures them equal protection.

Page 7, Title IV: On Political Parties System, Art 71:
It is forbidden to political parties to identify itself in form, action or any other manner, on the basis of ethnicity, region, religion, sect or gender.

Page 7, Title V: On Executive Power, Art 77:
Men and women called to lead the transition must, at any time, demonstrate integrity, determination, patriotism, and competence, and have the best interests of all Burundians at heart, without any discrimination.

Page 15, TITLE V: EXECUTIVE POWER, 3. The Transitional Government of National Unity, Article 105:
The Transitional Government of National Unity determines and conducts the policy of the nation within the framework of the decisions taken by consensus in the Council of Ministers.
It shall take its decisions and operate generally in accordance with the spirit of the principle of a Government of national unity. It makes decisions by consensus. He makes or proposes appointments in the civil service and diplomatic posts in the same spirit. It also takes into account the need to maintain ethnic, regional, religious, political and gender balance in its decisions and appointments.

Page 28, TITLE VIII: JUDICIAL POWER, Article 166:
The procedures of recruitment and appointment in the judicial sector submit to the concern to promote ethnic equilibrium and the equilibrium between genders.
Any appointment to the judicial office referred to in Article 147-9 ° shall be made by the President of the Republic on the proposal of the Supreme Council of Magistracy and after confirmation by the Transitional Senate.

Page 33, TITLE IX: DEFENCE AND SECURITY FORCES, Article 199:

The Defence and Security forces will develop a non-discriminatory, non-ethnic, and non-sexist culture within their organisations.

Page 39, TITLE XIII: NATIONAL AND INTERNATIONAL COMMISSIONS, 2. National Commission for Truth and Reconciliation, Article 231:
The members of the Commission are appointed by the President of the Republic, in consultation with the Vice-President of the Republic, the committees of the Transitional National Assembly and of the Transitional Senate. The members of the Commission are chosen for their probity, their integrity and their capacity to transcend divisions of any nature. They come notably from associations of civil society, political parties, religious denominations and women’s organisations.

Women, girls and gender

Participation
No specific mention.
Equality
Equality (general)
Page 2, Title I: General Dispositions, Art 4:
The transitional period is dedicated to the achievement of the following objectives:

3° Reconcile and unify Burundians, and lay the foundations of a democratic and unified Burundi, thanks to, inter alia, the promotion of a vast education programme on peace, democracy, and ethnic, regional, religious gender tolerance and other equality status issues.

Page 4, Title III: On Human Rights, Individual and Citizen Obligation, 1. On Human Rights, Art 21:
Every woman and every man has the right to life, security of person and physical integrity.

Page 4-5, Title III: On Human Rights, Individual and Citizen Obligation, 1. On Human Rights, Art 21:
All women and all men are equal in terms of dignity, rights and obligations. No person shall be discriminated against on the basis of origin, race, ethnicity, sex, color, language, social status, religious, philosophical or political convictions, physical or mental disability, HIV/AIDS status, or any other reason. All citizens are equal before the law and are entitled to equal protection under the law.

Page 7, Title IV: On Political Parties System, Art 71:
It is forbidden to political parties to identify itself in form, action or any other manner, on the basis of ethnicity, region, religion, sect or gender.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 4, Title III: On Human Rights, Individual and Citizen Obligation, 1. On Human Rights, Art 21:
Every woman and every man has the right to life, security of person and physical integrity.

Page 4-5, Title III: On Human Rights, Individual and Citizen Obligation, 1. On Human Rights, Art 21:
All women and all men are equal in terms of dignity, rights and obligations. No person shall be discriminated against on the basis of origin, race, ethnicity, sex, color, language, social status, religious, philosophical or political convictions, , physical or mental disability, HIV/AIDS status, or any other reason. All citizens are equal before the law and are entitled to equal protection under the law.
New institutions
Other
Page 7, Title V: On Executive Power, Art 77:
Men and women called to lead the transition must, at any time, demonstrate integrity, determination, patriotism, and competence, and have the best interests of all Burundians at heart, without any discrimination.
Violence against women
No specific mention.
Transitional justice
Past and gender
Page 2, Title I: General Dispositions, Art 4:
The transitional period is dedicated to the achievement of the following objectives:

3° Reconcile and unify Burundians, and lay the foundations of a democratic and unified Burundi, thanks to, inter alia, the promotion of a vast education programme on peace, democracy, and ethnic, regional, religious gender tolerance and other equality status issues.

Page 30, Title XIII: On National and International Commissions, 2. On the National Truth and Reconciliation Commission, Art 231:

Commission Members will be selected for their probity, integrity, and capacity to transcend divisions of any nature. They will drawn from civil society associations, political parties, religious confessions and women organisations in particular.
Institutional reform
Police
Page 25, Title IX: On Defense and Security Forces, Art 199:

The Defense and Security forces will develop a non-discriminatory, non-ethnic, and non-sexist culture within their organisations.
DDR, army, parastatal or rebel forces
Page 25, Title IX: On Defense and Security Forces, Art 199:

The Defense and Security forces will develop a non-discriminatory, non-ethnic, and non-sexist culture within their organisations.
Public administration
Page 7, Title IV: On Political Parties System, Art 71:
It is forbidden to political parties to identify itself in form, action or any other manner, on the basis of ethnicity, region, religion, sect or gender.
Development
Education
Page 2, Title I: General Dispositions, Art 4:
The transitional period is dedicated to the achievement of the following objectives:

3° Reconcile and unify Burundians, and lay the foundations of a democratic and unified Burundi, thanks to, inter alia, the promotion of a vast education programme on peace, democracy, and ethnic, regional, religious gender tolerance and other equality status issues
Implementation
Women's role and consideration in implementation of the agreement
Page 7, Title V: On Executive Power, Art 77:
Men and women called to lead the transition must, at any time, demonstrate integrity, determination, patriotism, and competence, and have the best interests of all Burundians at heart, without any discrimination.
Other
No specific mention.

The University of Edinburgh