Magaliesburg Declaration on the Burundi Peace Process

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Magaliesburg Declaration on the Burundi Peace Process
Date: 10 Jun 2008
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: Implementation/renegotiation
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: Delegations of the Government of Burundi and the PALIPEHUTU-FNL participated in the meeting. Chairman Agathon Rwasa headed the PALIPEHUTU-FNL delegation. The delegation of the Government of Burundi was headed by Major-General Evariste Ndayishimiye.
Third parties: -
Description: This agreements includes commitments from both the Government of Burundi and the PALIPEHUTU-FNL to respect the timelines outlined in the Revised Programme of Action to Take Further the Burundi Peace Process and to conclude all aspects of the peace process.

Agreement document: BI_080610_Magaliesburg Declaration.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2, I. Mutual commitments of the Government of Burundi and PALIPEHUTU-FNL:
The Government of Burundi and PALIPEHUTU-FNL have mutually undertaken to:
…
Abstain from all actions that might be perceived as fresh recruitment drives, particularly among children.
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: Governance→Political parties reform→Rebels transitioning to political parties
Page 2, I. Mutual commitments of the Government of Burundi and PALIPEHUTU-FNL:
The Government of Burundi and PALIPEHUTU-FNL have mutually undertaken to:
…
Endeavour to find as soon as possible a mutually acceptable solution to the question of the registration and the name of the PALIPEHUTU-FNL as a political party

Page 3, IV. Commitments of members of the GSEB:
…
The GSEB will support the transformation of the PALIPEHUTU-FNL into a political party, including the provision of training of its cadres.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 2, I. Commitments of the Government of Burundi:
The Government of Burundi undertakes within the framework of the Constitution of the Republic of Burundi to demonstrate the necessary flexibility to address all issues that could hamper the full implementation of agreements reached.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2, I. Commitments of the Government of Burundi:
…
Once the combatants are assembled, the Government commits to accommodate and integrate Palipehutu-FNL members in the national institutions in accordance with agreements reached between the parties.
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: Rights related issues→Media and communication→Media roles
Media/Communication
Page 2, I. Mutual commitments of the Government of Burundi and PALIPEHUTU-FNL:
The Government of Burundi and PALIPEHUTU-FNL have mutually undertaken to:
…
Refrain from any inflammatory action or declaration
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: Page 1, Preamble
Particularly acknowledged the financial and military support provided by the Government of South Africa as well as the financial support by the Government of Switzerland, the European Commission and the International Committee of the Red Cross to PALIPEHUTU-FNL combatants at pre-assembly process;

Pages 2-3, IV. Commitments of members of the GSEB:
In this context, the GSEB will continue to mobilise the international community to provide financial support to the Facilitation and the peace process.
As the PALIPEHUTU-FNL combatants proceed to the assembly areas, the GESB will intercede with the potential donors to continue to provide humanitarian assistance until the start of the DDR process.
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: Page 3, IV. Commitments of members of the GSEB:
…
The GSEB will continue to promote efforts in the field of security sector reform, including efforts to integrate the Palipehutu-FNL in the National Defence and Security Forces.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, Preamble,
The GSEB: Congratulated the Government of Burundi and PALIPEHUTU-FNL on the major steps forward in the peace process in the past month and welcomed the political will shown by both sides to achieve this progress;
….
the conclusion of the joint declaration on the cessation of hostilities on 26 May; and the adoption on 2 June of the Joint Operational Plan on the disarmament, demobilization, and the reintegration of PALIPEHUTU-FNL combatants;
Page 3, III. Commitments of the PALIPEHUTU-FNL:
Engage in good faith in the immediate implementation of the Comprehensive Ceasefire Agreement.
Police: No specific mention.
Armed forces: Page 3, IV. Commitments of members of the GSEB:
…
The GSEB will continue to promote efforts in the field of security sector reform, including efforts to integrate the Palipehutu-FNL in the National Defence and Security Forces.
DDR: Security sector→DDR→DDR programmes
Pages 2-3, IV. Commitments of members of the GSEB:

The GSEB undertakes to continue to accompany the efforts of the Facilitation and to the Political Directorate in support of the peace process.

In this context, the GSEB will continue to mobilise the international community to provide financial support to the Facilitation and the peace process.

As the PALIPEHUTU-FNL combatants proceed to the assembly areas, the GESB will intercede with the potential donors to continue to provide humanitarian assistance until the start of the DDR process.

The GSEB will pay special attention to the DDR process, in particular regarding its reintegration aspects.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, IV. Commitments of members of the GSEB:
…
The GSEB will continue to promote efforts in the field of security sector reform, including efforts to integrate the Palipehutu-FNL in the National Defence and Security Forces.
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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UCDP
https://ucdpged.uu.se/peaceagreements/fulltext/BUI%2020080610.pdf

Magaliesburg Declaration on the Burundi Peace Process

10 June 2008

At the invitation of H.E. Minister Charles Nqakula, South African Facilitator of the Burundi Peace process, the second meeting of the Group of Special Envoys on Burundi (GSEB) was convened in Magaliesburg, South Africa from 9 to 10 June 2008.

Delegations of the Government of Burundi and the PALIPEHUTU-FNL participated in the meeting.

Chairman Agathon Rwasa headed the PALIPEHUTU-FNL delegation.

The delegation of the Government of Burundi was headed by Major-General Evariste Ndayishimiye.

The GSEB:

Congratulated the Government of Burundi and PALIPEHUTU-FNL on the major steps forward in the peace process in the past month and welcomed the political will shown by both sides to achieve this progress;

Strongly commended both parties on the return to Burundi of the PALIPEHUTU- FNL leadership and Chairman Agathon Rwasa on 16 and 30 May respectively;

the resumption of the work of the Joint Verification and Monitoring Mechanism (JVMM) on 19 May;

the conclusion of the joint declaration on the cessation of hostilities on 26 May;

and the adoption on 2 June of the Joint Operational Plan on the disarmament, demobilization, and the reintegration of PALIPEHUTU-FNL combatants;

Welcomed the commitment of both parties to build confidence and move the peace process forward.

Noted with satisfaction the common messages delivered by the Government of Burundi and the PALIPEHUTU-FNL on the root causes and consequences of the conflict as well as the key socio-economic challenges facing Burundi;

Expressed sincere gratitude and appreciation for the recent achievements and ongoing efforts of the Regional Initiative for Peace in Burundi;

the South African Facilitation;

and the Political Directorate in support of the peace process;

Particularly acknowledged the financial and military support provided by the Government of South Africa as well as the financial support by the Government of Switzerland, the European Commission and the International Committee of the Red Cross to PALIPEHUTU-FNL combatants at pre-assembly process;

Expressed concern at the fragility of the overall situation in Burundi and appealed to all political actors in Burundi to refrain from any action that could jeopardize the progress achieved in the peace process.

Underscored that the primary responsibility for the successful and earliest conclusion of

the peace process in Burundi lie with the Government of Burundi and the PALIPEHUTU-FNL;

I. Mutual commitments of the Government of Burundi and PALIPEHUTU-FNL:

The Government of Burundi and PALIPEHUTU-FNL have mutually undertaken to:

Renounce violence and to resolve all their differences by dialogue;

Fully respect the timelines outlined in the Revised Programme of Action to Take Further the Burundi Peace Process, thus concluding all aspects of the peace process.

This includes the implementation of the 2006 Agreement of Principles;

the 2006 Comprehensive Ceasefire Agreement;

and the integration of PALIPEHUTU-FNL in the national institutions.

In this regard, they shall;

Spare no efforts to complete all the steps outlined in the JVMM Programme of Action and the Joint Operational Plan, including the demarcation and establishment of Assembly Areas

Address simultaneously all the outstanding political issues, including the political accommodation of the PALIPEHUTU-FNL in national institutions as well as their integration in the defence and security forces

Ensure that the resolution of these issues would not be used in any way as a precondition for implementing the JVMM Programme of Action and the Joint Operational Plan

Take specific initiatives in order to sensitize the national institutions, Palipehutu-FNL members, and the population on the ongoing peace process

Refrain from any inflammatory action or declaration

Endeavour to find as soon as possible a mutually acceptable solution to the question of the registration and the name of the Palipehutu-FNL as a political party

Abstain from all actions that might be perceived as fresh recruitment drives,particularly among children.

Commitments of the Government of Burundi:

The Government of Burundi undertakes within the framework of the Constitution of the Republic of Burundi to demonstrate the necessary flexibility to address all issues that could hamper the full implementation of agreements reached.

Once the combatants are assembled, the Government commits to accommodate and integrate Palipehutu-FNL members in the national institutions in accordance with agreements reached between the parties.

III. Commitments of the PALIPEHUTU-FNL:

Engage in good faith in the immediate implementation of the Comprehensive Ceasefire Agreement.

IV. Commitments of members of the GSEB:

The GSEB undertakes to continue to accompany the efforts of the Facilitation and to the Political Directorate in support of the peace process.

In this context, the GSEB will continue to mobilise the international community to provide financial support to the Facilitation and the peace process.

As the PALIPEHUTU-FNL combatants proceed to the assembly areas, the GESB will intercede with the potential donors to continue to provide humanitarian assistance until the start of the DDR process.

The GSEB will pay special attention to the DDR process, in particular regarding its reintegration aspects.

The GSEB will continue to promote efforts in the field of security sector reform, including efforts to integrate the Palipehutu-FNL in the National Defence and Security Forces.

The GSEB will support the transformation of the PALIPEHUTU-FNL into a political party, including the provision of training of its cadres.

The GSEB will consider ways of providing financial support to the Government of Burundi to assist it in addressing the pressures caused by price increase in food commodities and fuel and thus helping it create a more conducive environment for the peace process.

V. Commitments of the Political Directorate

In accordance with its mandate, the Political Directorate will help address issues of a political nature that may arise in the context of the peace process.