Memorandum of Agreement for the Implementation of the Ceasefire Agreement Signed on 07/10/2002

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Memorandum of Agreement for the Implementation of the Ceasefire Agreement Signed on 07/10/2002
Date: 25 Jan 2003
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Ceasefire/related
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: For the Transitional Government H.E. Pierre BUYOYA President of the Republic of Burundi For the CNDD-FDD Col Jean-Bosco NDAYIKENGURUKIYE Coordinator General and President of the Political Council For the PALIPEHUTU-FNL Mr Alain MUGABAROBONA President,
Third parties: Witnessed by: H.E. Jacob Zuma Deputy-President of the Republic of South Africa The African Union H.E. Ambassador M. Bah African Union Interim Commission Representation in Burundi The United Nations H.E. Ambassador B. Dinka Special Envoy of the United Nations General Secretary in Burundi
Description: Agreement providing implementation modalities for the ceasefire agreement agreed on 7 October 2002

Agreement document: BI_030125_ Memorandum of Agreement (1) (1).pdf (opens in new tab) | Download 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: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2,
4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:
- Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.
- Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: 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: No specific mention.
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: Security sector→Ceasefire→Ceasefire provision
Summary: The whole agreement provides for the implementation of a ceasefire dated 25/01/2003.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Pages 1-2,
Willing to put into application the Ceasefire Agreement signed on 07/10/2002; Agree as follows:
2.2 The regrouping of the two armed forces movements will begin in the second half of February 2003 at the latest.
2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.
2.4 No regrouping zone should contain more than three thousand (3000) fighters. More regroup zone can be identified in common accord if the existing one were full.
2.5 The armed movements can if they wish, regroup their forces in the same zone.

Pages 1-2,
3. Of the return Leaders and Senior Officials of the two Armed Movements signatories of the Ceasefire Agreement.
3.1 The leaders of the two signatories Armed Movements return to Bujumbura on 10/02/2003.
3.2 Logistic arrangements regarding the return and settlement of the leaders and officials of the two Armed Movements will be in charge of the African Union, and the International Community through the Mediation.
3.3 The leaders and officials returning from exile will be under the protection of the African Forces.

Pages 1-2,
4. Of the integration of the two Armed Forces signatories of the Ceasefire Agreement.
4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:
- Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.
- Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.
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: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1
Willing to put into application the Ceasefire Agreement signed on 07/10/2002; Agree as follows:
…
2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.

Page 2
Willing to put into application the Ceasefire Agreement signed on 07/10/2002;
Agree as follows:
….
5. The three signatories parties of the Ceasefire Agreement of 07/10/2002, urgently call on the Mediator to request from the African Union and the United Nations the rapid appointment:
-the Political authority of the African Mission.
…
-the Commanding Officer of the African Force.
- the deployment of the first elements of the African Force at least in the second half of February 2003.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: On file with PA-X PI

MEMORANDUM OF AGREEMENT FOR THE IMPLEMENTATION OF THE CEASEFIRE AGREEMENT SIGNED ON 07/10/2002, BETWEEN THE TRANSITIONAL GOVERNMENT OF THE REPUBLIC OF BURUNDI, THE CNDD-FDD OF COL JEAN-BOSCO NDAYIKENGURUKIYE AND THE PALIPEHUTU-FNL OR MR ALAIN MUGABORABONA

We, signatories, represented respectively by H.E. Pierre BUYOYA, President of the Republic of Burundi, Col Jean-Bosco NDAYIKENGURUKIYE, Coordinator General of the CNDD-FDD, Mr Alain MUGABORABONA, Chairperson of the PALIPEHUTU-FNL;

Willing to put into application the Ceasefire Agreement signed on 07/10/2002;

Agree as follows:

Of the Mix Ceasefire Commission.

1.1 Establishment of a joint Ceasefire Commission composed of:

Six members appointed by the Transitional Government.

Six members appointed by the two armed movements signatories of the Ceasefire Agreement.

Other members appointed according to the Ceasefire Agreement signed on 07/10/2002.

1.2 The Commission will be directed by a member appointed by the United Nations.

1.3 The Mediator, the CSA and the African Union will be informed within 24 hours from the date of the signature of the present Memorandum of the appointment of the members of the signatories’s parties.

1.4 To hold its first meeting as soon as the President of the Commission is appointed.

Of the re-groupment.

2.1 The signatories parties agree to propose to the Join Commission of the Ceasefire the possible zone of re-groupment of the forces of the two armed movements signatories of the Ceasefire Agreement.

2.2 The regrouping of the two armed forces movements will begin in the second half of February 2003 at the latest.

2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.

2.4 No regrouping zone should contain more than three thousand (3000) fighters.

More regroup zone can be identified in common accord if the existing one were full.

2.5 The armed movements can if they wish, regroup their forces in the same zone.

Of the return Leaders and Senior Officials of the two Armed Movements signatories of the Ceasefire Agreement.

1 The leaders of the two signatories Armed Movements return to Bujumbura on 10/02/2003.

2 Logistic arrangements regarding the return and settlement of the leaders and officials of the two Armed Movements will be in charge of the African Union, and the International Community through the Mediation.

3 The leaders and officials returning from exile will be under the protection of the African Forces.

Of the integration of the two Armed Forces signatories of the Ceasefire Agreement.

4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:

Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.

Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.

The three signatories parties of the Ceasefire Agreement of 07/10/2002, urgently call on the Mediator to request from the African Union and the United Nations the rapid appointment:

-the Political authority of the African Mission.

-the President of the Join Ceasefire Commission.

-the Commanding Officer of the African Force.

- the deployment of the first elements of the African Force at least in the second half of February 2003.

The signatories parties engage in keeping contact to ensure dialogue to address any problem before, during and after the application of the present memorandum and to call on the CSA, in case of need.

Done in Pretoria on 25/01/2003

For the Transitional Government H.E. Pierre BUYOYA President of the Republic of Burundi

For the CNDD-FDD Col Jean-Bosco NDAYIKENGURUKIYE Coordinator General and President of the Political Council

For the PALIPEHUTU-FNL Mr Alain MUGABAROBONA President Witnessed by:

H.E. Jacob Zuma Deputy-President of the Republic of South Africa

The African Union

H.E. Ambassador M. Bah African Union Interim Commission Representation in Burundi The United Nations H.E. Ambassador B. Dinka Special Envoy of the United Nations General Secretary in Burundi