Arusha Peace and Reconciliation Agreement for Burundi

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Arusha Peace and Reconciliation Agreement for Burundi
Date
28/08/2000
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 (Agreement)
Conflict nature
Government
Peace process
19: Burundi: Arusha and related peace process
Parties
- The Government of Republic of Burundi,
- The National Assembly,
- The Alliance Burundo-Africaine pour le Salut (ABASA),
- The Alliance Nationale pour le Droit et le Développement (ANADDE),
- The Alliance des Vaillants (AV-INTWARI),
- The Conseil National pour la Défense de la Démocratie (CNDD),
- The Front pour la Démocratie au Burundi (FRODEBU),
- The Front pour la Libération Nationale (FROLINA),
- The Parti Socialiste et Panafricaniste (INKINZO),
- The Parti pour la Libération du Peuple Hutu (PALIPEHUTU),
- The Parti pour le Redressement National (PARENA),
- The Parti Indépendant des Travailleurs (PIT),
- The Parti Libéral (PL),
- The Parti du Peuple (PP),
- The Parti pour la Réconciliation du Peuple (PRP),
- The Parti Social-Démocrate (PSD),
- The Ralliement pour la Démocratie et le Développement Economique et Social (RADDES),
- The Rassemblement du Peuple Burundais (RPB)
- and The Union pour le Progrès National (UPRONA)

Page 8-12, SIGNATORY PARTIES:
- For the Government of Burundi: Mr. Ambroise NIYONSABA, Minister for the Peace Process
- For the National Assembly: Hon. Léonce NGENDAKUMANA, Speaker of the National Assembly
- For ABASA: Amb. Térence NSANZE, Chairman
- For ANADDE: Prof. Patrice NSABABAGANWA, Chairman
- For AV-INTWARI: Prof. André NKUNDIKIJE, Chairman
- For CNDD: Mr. Léonard NYANGOMA, Chairman
- For FRODEBU: Dr. Jean MINAN, Chairman
- For FROLINA: Mr. Joseph KARUMBA, Chairman
- For INKINZO: Dr. Alphose RUGAMBARARA, Chairman
- For PARENA: H. E. Jean-Baptiste BAGAZA, Chairman
- For PIT: Prof. Nicéphore NDIMURUKUNDO, Chairman
- For PL: Mr. Gaëtan NIKOBAMYE, Chairman
- For PP: Mr. Shadrack NIYONKURU, Chairman
- For PRP: Mr. Mathias HITIMANA, Chairman
- For PSD: Mr. Godefroy HAKIZIMANA, Chairman
- For RADDES: Mr. Joseph NZEYIMANA, Chairman
- For RPB: Mr. Balthazar BIGIRIMANA, Chairman
- For UPRONA: Mr. Libère BARARUNYERETSE Chairman




Third parties
Page 3, Untitled Preamble:
...
In the presence of:
- H. E. Mr. Nelson Rolihlahla Mandela, Facilitator,
- H. E. General Gnassingbé Eyadéma, President of the Republic of Togo and current Chairman of the Organization of African Unity,
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania,
- H. E. Frederick J. T. Chiluba, President of the Republic of Zambia,
- H. E. Major-General Paul Kagame, President of the Republic of Rwanda,
- H. E. Laurent Désiré Kabila, President of the Democratic Republic of the Congo,
- H. E. Meles Zenawi, Prime Minister of the Republic of Ethiopia,
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- H. E. Dr. Boutros Boutros Ghali, Secretary-General of the International Organization of la Francophonie, and
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation,

Page 13-14, COSIGNATORIES:
- H. E. Mr. Nelson Rolilhalha Mandela, Facilitator;
- H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,
- H. E. Daniel T. arap Moi, President of the Republic of Kenya,
- H. E. Benjamin William Mkapa, President of the United Republic of Tanzania
- H. E. Mr. Kofi Annan, Secretary-General of the United Nations,
- H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,
- Hon.Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,
- Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation
Description
This is a very lengthy agreement which aims to be binding in nature and setting out specific obligations. It contains six protocols addressing the following matters: I. Nature of the conflict, problems of genocide; II. Democracy and Good Governance; III. Peace and Security for All; Protocol IV. Reconstruction and Development; V. Guarantees on the implementation of the Agreement. It also contains five explanatory annexes covering I. Pledge by participant parties; II. Structure of the National Police Force; III. Ceasefire agreement; IV. Report of Committee; V. Implementation Timetable.

Agreement document
BI_000828_Arusha Peace and Reconciliation Agreement for Burundi.pdf

Main category
Page 3, Untitled Preamble:
...
[Talks held] in the presence of:
...
- The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,

Page 17, Protocol I, Chapter II: Solutions, Article 5: General political measures:
1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.

Page 18: Article 6: Principles and measures relating to genocide, war crimes and other crimes against humanity
...
2. Prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity, as well as violations of human rights, including those which are gender-based.

Page 19-21, Article 7: Principles and measures relating to exclusion:
7.1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
...
7.3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
...
Principles and measures related to public adminstration
...
7.5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
...
7.8 Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
...
Principles and measures relating to education:
...
7.11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
7.12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.
...
7.14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.
...
Principles and measures relating to the defence and security forces
7.17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.
Principles and measures relating to justice
7.18.Pursuant to the relevant provisions of Protocol II to the Agreement:
...
b.Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;

Page 23, Article 8: Principles and measures relating to national reconciliation:
...
8.2. Membership of the commission
8.2.a. Source
Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women’s organizations, or may stand as individual candidates.

Page 25, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 1. Fundamental values:
1.1 1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 26-28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights:
3.1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.
...
3.4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.
...
3.6. All women and men shall have the right to life.
3.7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.
...
3.10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
..
3.19. Property rights shall be guaranteed for all women and men. ...

Page 35, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 9: The Judiciary:
...
9.11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.

Page 37, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 10, The administration:
...
10.6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
15.16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17: Judicial and administrative reforms:
...
17.3.a. The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
17.3.b. So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period

Page 48, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20, Elections:
...
20.8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.

Page 54, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 1: Peace and Security for All:
...
1.10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.

Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 5: Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;

Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 6: Consequences of the insecurity and violence:
6.a. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;

Page 60, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 11: Composition of the national defence force:
...
11.4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.

Page 63-64, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 14: Composition of the defence and security forces:
14.1.a. There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.
...
14.2.a. There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.

Page 66, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 16: Balances within the defence and security forces.
1. The following criteria shall be used to determine the imbalances in the defence and security forces:
...
(d) Gender.

Page 69-70, Protocol III: Peace and Security for All, CHAPTER III: Permanent Ceasefire and cessation of hostilities - Definition and General Principles, Article 25: Definitions:
1. Ceasefire means the cessation of:
...
(c) All acts of violence against the civilian population – summary executions, torture, harassment, detention and persecution of civilians on the basis of ethnic origin, religious, beliefs and political affiliations, incitement of ethnic hatred, arming of civilians, use of child soldiers, sexual violence, training of terrorists, genocide and bombing of the civilian population;

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
c. Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;
...
h. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.

Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities:
The Government shall undertake the following preparatory activities:
...
3.d. Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972)
Article 4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration:
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
(b) To give all returning families, including female- and child-headed families, food
aid, material support and assistance with health, education, agriculture and
reconstruction until they become self-sufficient;
(c) To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;

Page 80, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 8: Issues relating to land and other property:
To resolve all issues relating to land and other property, the following principles and
mechanisms shall be applied:
a. Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest
and in accordance with the law, which shall also set out the basis of compensation;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
Article 10: Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13: Political Reconstruction:
Physical reconstruction and political reconstruction must be mutually supportive. Political reconstruction is aimed at making national reconciliation and peaceful coexistence possible, and must be directed towards the establishment of the rule of law. In this context, the following programmes and measures shall be undertaken:
...
d. Initiation of tangible actions for the advancement of women;

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, Article 16: Guidelines governing development:
Guidelines governing development
In pursuit of these objectives, the Government shall follow the guidelines set out hereunder on
the basis of the measures specified in the report of Committee IV (see Annex IV):
...
i. Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
...
Concerned also about the negative impact of the conflict on Burundian women and children,
Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,

Page 82-83, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2: Transitional Institutions:
...
2.2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all
Burundians without any discrimination. They must take a solemn oath before assuming their duties.

Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
...
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.

Women, girls and gender

Participation
Gender quotas
Page 48, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 20, Elections:
...
20.8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
Other
Page 87, PROTOCOL V: Guarantees in Implementation of the Agreement, Article 2 - Transitional institutions:
...
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
Equality
Equality (general)
Page 17, Protocol I, Chapter II: Solutions, Article 5: General political measures:
1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.

Page 19, Article 7: Principles and measures relating to exclusion:
7.1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
...
7.3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.

Page 25, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 1. Fundamental values
1.1 1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.

Page 26-28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights:
... 3.4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.


Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.

Page 54, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 1: Peace and Security for All:
...
1.10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
c. Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;
...
h. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.
Social equality
Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.10. All women and men shall have the right to respect for their private and family life, residence and personal communications.

Page 28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.19 Property rights shall be guaranteed for all women and men.

Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
h. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.

Page 80, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 8: Issues relating to land and other property:
To resolve all issues relating to land and other property, the following principles and mechanisms shall be applied:
8.a. Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law, which shall also set out the basis of compensation;
Particular groups of women
Refugee/displaced women
Page 77, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 2: Principles governing return, resettlement and reintegration:
...
2. It shall respect the following principles:
...
2.c. Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children;
...
2.h. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories.

Page 79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
4.c. To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;

Page 80, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 8: Issues relating to land and other property:
To resolve all issues relating to land and other property, the following principles and
mechanisms shall be applied:
8.a. Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law, which shall also set out the basis of compensation;
International law
General IHRL, IHL and IL
Page 19, Article 7: Principles and measures relating to exclusion:
7.1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
...
7.3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.

Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.

Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.6. All women and men shall have the right to life.

Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.10. All women and men shall have the right to respect for their private and family life, residence and personal communications.

Page 28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.19 Property rights shall be guaranteed for all women and men.

International human rights standards
Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.

New institutions
Reconciliation and peace
Page 23, Article 8: Principles and measures relating to national reconciliation:
... 8.2. Membership of the commission:
8.2.a. Source
Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women’s organizations, or may stand as individual candidates.

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES,
Article 10: Vulnerable groups: The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

Page 86, PROTOCOL V: Guarantees in Implementation of the Agreement, Preamble:
... Concerned also about the negative impact of the conflict on Burundian women and children, Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society

Violence against women
Sexual violence
Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 5: Manifestations of the insecurity and violence:
The insecurity and violence are manifested in:
(a) Civil war; the destruction of public and private property; genocide, massacres, coups d’état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment

Page 69, Protocol III: Peace and Security for All, CHAPTER III: Permanent Ceasefire and cessation of hostilities - Definition and General Principles, Article 25: Definitions:
1. Ceasefire means the cessation of:
...
(c) All acts of violence against the civilian population – summary executions, torture,
harassment, detention and persecution of civilians on the basis of ethnic origin, religious, beliefs and political affiliations, incitement of ethnic hatred, arming of
civilians, use of child soldiers, sexual violence, training of terrorists, genocide and
bombing of the civilian population;

Gender-based violence/VAW (general)
Page 18: Article 6: Principles and measures relating to genocide, war crimes and other crimes against humanity
...
2. Prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity, as well as violations of human rights, including those which are gender-based.
Protection (general)
Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 10: Vulnerable groups: The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.
Other
Page 27, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights
3.7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.
Transitional justice
Past and gender
Page 57, Protocol III: Peace and Security for All, CHAPTER I: PEACE AND SECURITY FOR ALL, Article 6: Consequences of the insecurity and violence:
6.a. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;
Institutional reform
Constitution-making/reform
Page 26-28, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 3: Charter of Fundamental Rights: 3.1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.
Judiciary, judicial reform
Page 21, Article 7: Principles and measures relating to the defence and security forces: 7.18. Pursuant to the relevant provisions of Protocol II to the Agreement:
...
b.Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist

Page 35, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 9: The Judiciary
9.11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.

Page 37, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 10, The administration:
...
10.6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.

Page 45, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 17: Judicial and administrative reforms:
...
17.3.a. The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
17.3.b. So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period
DDR, army, parastatal or rebel forces
Page 20, Article 7: Principles and measures relating to the defence and security forces
...
7.17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.

Page 60, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 11: Composition of the national defence force:
...
11.4. The defence and security forces shall promote within their services a non discriminatory, non-ethnicist and non-sexist culture.

Page 63, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 14: Composition of the defence and security forces:
14.1.a. There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.

Page 64, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 14: Composition of the defence and security forces:
14.2.a. There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.

Page 66, Protocol III: Peace and Security for All, CHAPTER II: DEFENCE AND SECURITY FORCES, Article 16: Balances within the defence and security forces.
1. The following criteria shall be used to determine the imbalances in the defence and security forces:
...
(d) Gender.
Public administration
Page 20, Article 7: Principles and measures related to public administration
...
7.5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.

Page 20, Article 7: Principles and measures related to public administration
...
7.8 Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through
transparency of competitive entrance examinations.

Page 37, Protocol II: Democracy and Good governance, Chapter I: Constitutional Principles of the Post-transition constitution, Article 10, The administration:
...
10.6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.

Page 43, Protocol II: Democracy and Good governance, Chapter II: TRANSITIONAL ARRANGEMENTS, Article 15: Transitional institutions:
...
15.16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.
Development
General
Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, CHAPTER III: ECONOMIC AND SOCIAL DEVELOPMENT, Article 16: Guidelines governing development:
In pursuit of these objectives, the Government shall follow the guidelines set out hereunder on
the basis of the measures specified in the report of Committee IV (see Annex IV):
...
16.i. Promotion of the role of women and youth in development, with the aid of specific measures to benefit them;
Rehabilitation and reconstruction
Protocol IV is providing in its entirety for Reconstruction and Development.

Page 79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
4.c. To provide communes, villages and collines with assistance in the reconstruction of community infrastructures and with support for income-generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;

Page 81, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 10: Vulnerable groups:
The Government shall ensure, through special assistance, the protection, rehabilitation and advancement of vulnerable groups, namely child heads of families, orphans, street children, unaccompanied minors, traumatized children, widows, women heads of families, juvenile delinquents, the physically and mentally disabled, etc.

Page 82-83, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, CHAPTER II: PHYSICAL AND POLITICAL RECONSTRUCTION, Article 13: Political Reconstruction:
Physical reconstruction and political reconstruction must be mutually supportive. Political reconstruction is aimed at making national reconciliation and peaceful coexistence possible, and must be directed towards the establishment of the rule of law. In this context, the following programmes and measures shall be undertaken:
...
13.d. Initiation of tangible actions for the advancement of women;
Education
Page 20, Article 7: Principles and measures relating to education
...
7.11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
7.12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.

Page 20, Article 7: Principles and measures relating to education
...
7.14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.

Page 79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration
The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives:
...
4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
Health (general)
Page 78, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 3: Preparatory activities: The Government shall undertake the following preparatory activities: ... 3.d. Requesting international organizations and the host countries concerned to conduct a gender and age disaggregated census of the refugees, including the old caseload refugees (1972) Article 4.b. To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;

Page 78-79, PROTOCOL IV: RECONSTRUCTION AND DEVELOPMENT, CHAPTER I: REHABILITATION AND RESETTLEMENT OF REFUGEES AND SINISTRES, Article 4: Guidelines governing resettlement and integration: The CNRS shall decide on the activities for the resettlement and integration of refugees and sinistrés in accordance with the priority plan taking into account the availability of resources, in order to achieve the following aims and objectives: ... (b) To give all returning families, including female- and child-headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self-sufficient;
Implementation
Other
Page 3, Preamble:
...
[Talks held] in the presence of:
...
The representatives of Burundian civil society and women’s organizations and Burundian religious leaders

Other
No specific mention.

The University of Edinburgh