Accord de Partage de Pouvoir au Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Accord de Partage de Pouvoir au Burundi
Date
06/08/2004
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 - partial (Core issue)
Conflict nature
Government
Peace process
19: Burundi: Arusha and related peace process
Parties
Signatories Parties of Arusha Peace Agreement and Ceasefire Agreements: Abasa, Anadde (listed but not signed), CNDD, CNDD-FDD (listed but not signed), FNL-ICANZO, FRODEBU, FROLINA, Green Party, INKINZO (listed but not signed), KAZA-FDD, PALIPE AGAKIZA, PARENA (listed but not signed), PIT, PL, PRP (listed but not signed), PSD (listed but not signed), RADDES (listed but not signed), RPB, UPRONA (listed but not signed)
Parties Non Signatories (of aforementioned agreements): ALIDE (listed but not signed), MRC (listed but not signed), NADDEBU, PACONA (listed but not signed), PADER, PAJUDE, PPDRR, RUSANGI, SONOVI, UPD
President of the Republic of Burundi: Domitien Ndayizeye
Third parties
Witnesses:
Facilitator of Burundi Peace Process, Representative of African Union, UN Representative
Description
This agreement deals with the power-sharing mechanisms in Burundi's state institutions.

Agreement document
BI_040806_Accord de Partage de Pouvior au Burundi_tr.pdf

Agreement document (original language)
BI_040806_Accord de Partage de Pouvoir au Burundi_FR.pdf

Main category
Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.

Page 3, Article 13:
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.

Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.

Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.

Page 4, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.

Women, girls and gender

Participation
Gender quotas
Page 3, Article 13
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.

Page 3, Article 15
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Effective participation
Page 3, Article 14
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.

Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
Constitution-making/reform
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Public administration
Page 4, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

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