Comprehensive Ceasefire Agreement between the Government of the Republic of Burundi and the Palipehutu - FNL

Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Comprehensive Ceasefire Agreement between the Government of the Republic of Burundi and the Palipehutu - FNL
Date
07/09/2006
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
Ceasefire/related (Ceasefire)
Conflict nature
Government
Peace process
19: Burundi: Arusha and related peace process
Parties
The Government of Burundi and the Palipehutu - FNL
Third parties
In the presence of:
• H.E. Yoweri Kaguta Museveni, President of the Republic of Uganda.
• H.E. Jakaya Mrisho Kikwete, President of the United Republic of Tanzania.
• H.E. Thabo Mbeki, President of the Republic of South Africa.
• Hon Charles Nqakula, Facilitator.
• H.E. Bernard Makuza, Prime Minister of Rwanda.
• Hon R. Tuju, Minister of Foreign Affairs, Kenya.
• H.E. P Mazimhaka, Deputy Chairperson of the African Union Commission.
• Hon Dr SG Mwaie, Special Envoy of Zambia to the Great Lakes Region.
• Amb. N Satti, UN Special Envoy to the Great Lakes Region.

Guarantors: Chairperson of the Regional Inisitate for Peace In Burundi (President Uganda), Vice Chairperson of the Regional Initiative for Peace in Burundi. Witnesses, Rep of African Union, Special Envoy to the Great Lakes Region'In the presence of' President of Republi of Uganda, President of the United Republic of Tanzania, President of South Africa, Facilitator, Prime Minister of Fwanda, Minister of Foreign Affairs, Kenyua, Deputy Chairperson of the African Union Commission, Special Envoy of Zambia to the Great Lakes Region, UN Special Envoy to the Great Lakes Region.

Description
This agreement establishes a comprehensive ceasefire. Its annexes are dealing with what the ceasefire means (I), modalities for implementation (II) transformation and modernisation of defence of security forces (III), modalities for leaders and combatants of the FNL (IV).

Agreement document
BI_060907_Comprehensive Ceasefire Agreement Government of Burundi and the Palipehutu FNL.pdf

Main category
Page 3, Article II:
1. Ceasefire Agreement shall imply:
...
1.1.5 Cessation of all acts of violence against the civilian population: acts of vengeance; summary executions; torture: harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide "Ideologies;
...
1.1.5. Cessation of all acts of violence against the civilian population: acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers: sexual violence; sponsoring or promotion of terrorist or genocide ideologies;

Page 9, Annexure I, To the Comprehensive Cease-fire Agreement Obligations of the Parties, 3. Obligations of the Government of Burundi:
3.1.2 The Palipehutu-FNL shall hand over to JVMM a certified list of their combatants, weapons, military equipment and inventory. The said list must entail the particulars of all the individuals and formally indicate the number and location of children and families who shall benefit from special programmes. The list must contain the following details:
a. Name and military rank;
b. An Indication of male, female, child soldier;

Page 10, Annexure I, Annexure I To the Comprehensive Cease-fire Agreement Obligations of the Parties, 4. Definitions:
4.2.1.6 Cessation of all acts of violence against the civilian population; acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide ideologies.

Page 9, ANNEXURE I TO THE COMPREHENSIVE CEASE-FIRE AGREEMENT - OBLIGATIONS OF THE PALIPEHUTU-FNL:
3 Obligations of the Palipehutu-FNL:
3.1 From the time the Agreement takes effect
...
3.1.2 The Palipehutu-FNL shall hand over to-JVMM, a certified list of their combatants, weapons, military equipment and inventory. The said list must entail the particulars of all the individuals and formally indicate the
number and location of children and families who shall benefit from special programmes. The list must contain the following details:
...
b. An Indication of male, female, child soldier;


Page 10, Annexure I, Annexure I To the Comprehensive Cease-fire Agreement Obligations of the Parties, 4. Definitions:
4.1. The definitions shall serve as implementation principles of the present Ceasefire Agreement.
...
4.2.1.6 Cessation of all acts of violence against the civilian population; acts of vengeance; summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide ideologies.

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
Sexual violence
Page 3, Article 2, 1.1.5.
Cessation of all acts of violence against the civilian population: acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers: sexual violence; sponsoring or promotion of terrorist or genocide ideologies;

Page 10, Annexure I, Annexure I To the Comprehensive Cease-fire Agreement Obligations of the Parties, 4. Definitions:
4.2.1.6 Cessation of all acts of violence against the civilian population; acts of vengeance: summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorist or genocide ideologies.
Transitional justice
No specific mention.
Institutional reform
DDR, army, parastatal or rebel forces
Page 9, Annexure I, To the Comprehensive Cease-fire Agreement Obligations of the Parties, 3. Obligations of the Government of Burundi: 3.1.2
The Palipehutu-FNL shall hand over to JVMM a certified list of their combatants, weapons, military equipment and inventory. The said list must entail the particulars of all the individuals and formally indicate the number and location of children and families who shall benefit from special programmes. The list must contain the following details:
...
b. An Indication of male, female, child soldier;
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh