The Pretoria Protocol on Political, Defence and Security Power Sharing in Burundi

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: The Pretoria Protocol on Political, Defence and Security Power Sharing in Burundi
Date: 8 Oct 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: Implementation/renegotiation
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: For the Transitional Government of Burundi:
- (Signed) His Excellency Domitien Ndayizeye, President of the Republic of Burundi
For the CNDD-FDD Movement:
- (Signed) Mr. Pierre Nkurunziza, Legal Representative of the CNDD-FDD Movement
Third parties: In the presence of:
(Signed) His Excellency Jacob Zuma, Deputy President of the Republic of South Africa, Facilitator of the Burundi Peace Process
Description: The agreement gives effect to the power sharing agreement of the December 2002. It contains a 'power-map' showing structures of organs of government. It addresses in particular the formation of the national defence force and demobilisation of CNDD-FDD.

Agreement document: BI_031008_PretoriaProtocol on Pretoria Protocol on Political, Defence and Security Power Sharing.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: Governance→Political parties reform→Rebels transitioning to political parties
Page 5, VII. OUTSTANDING MATTERS:
...
– CNDD-FDD as a political party.
...
These matters will be finalized at the next meeting that will be convened as a matter of urgency.
Governance→Political parties reform→Other political parties reform
Page 1, Preamble:
...
- Recognizing that the conflict in Burundi requires an inclusive dialogue and participation of all political groups and movements,
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→Executive coalition
State level
Sub-state level
Page 2, POLITICAL POWER ISSUES, EXECUTIVE:
The CNDD-FDD will have four ministries including a Minister of State. The Presidency will consult the Minister of State on all key matters.

Page 2, GOVERNORS OF PROVINCES:
CNDD-FDD will have:
– Three Governors.
– Five Advisors.

Page 2, LOCAL GOVERNMENT:
CNDD-FDD will have 30 Administrators.
Power sharing→Political power sharing→Proportionality in legislature
State level
Sub-state level
Page 2, THE LEGISLATURE, National Assembly:
1. CNDD-FDD will participate in the Bureau as follows:
– Second-Vice President.
– Deputy Secretary-General.
The Bureau will be increased to six.
Two advisors will be appointed in the Staff of the National Assembly.
2. CNDD-FDD will also have 15 members of the Assembly.
3. Measures will be taken to respect the balance among the political families as reflected in the Arusha Agreement.

Page 2, Senate:
The question of the participation of the CNDD-FDD will be discussed at the next meeting, prior to the Regional Summit. (See Article VII below)
Power sharing→Political power sharing→Other proportionality
State level
Page 2, DIPLOMATIC CORPS:
CNDD-FDD will have:
– Two ambassadors.
– Six secretaries and/or advisors.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, PUBLIC ENTERPRIZES:
CNDD-FDD will lead 20% of these. The exact distribution will be negotiated later.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in
accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the
Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical
Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

1.3 Formation of the Burundi National Defence Force (BNDF)
1.3.1 The integrated General Staff and the Officer Corps shall be composed of
60% officers selected from the governmental army and 40% officers from the CNDD-FDD.
1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size
of each party and of the agreed balance.
1.3.3 On proposal of the integrated General Staff, the government shall determine;
– The structure of the Burundi National Defence Force
– The size of the army and
– Composition of the officer corps.
1.3.4 The allocation of command posts shall be on the basis of ethnic balance (50-50) as stipulated in the Arusha Peace and Reconciliation Agreement.
1.3.5 The President of the Republic of Burundi undertakes to give expression to this arrangement through a Presidential decree.

Page 4, DEFENCE AND SECURITY ISSUES:
Page 4, DEFENCE AND SECURITY ISSUES:
II. BURUNDI POLICE FORCE
2.1 The parties agreed on the establishment of a new police force in Burundi.
2.2 The structure of the new Police Force will be guided by the following
principles:
– Inclusivity and integration.
– General Staff structure based on the principle of 65% TGoB and 35% – CNDD-FDD.
– The principle of 50-50 ethnic balance.
2.3 Composition of junior structures of the Police Force shall also be guided by the principles of inclusivity.
2.4 The decisions will be taken on the basis of consensus.

III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.

Page 5, V. INTELLIGENCE:
5.1 The parties agreed on the establishment of a ministry of intelligence under the President.
5.2 Parties will submit names for the General Staff of Intelligence to the President.
The agreed criteria for the composition will be as follows;
– 65% – TGoB
– 35% – CNDD-FDD
– The principle of 50-50 ethnic balance.
5.3 The President, informed by the capacity/suitability of persons proposed and guided by the principles of integration and inclusivity, shall retain the
discretion to determine the final composition of his General Staff of Intelligence.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
Power sharing→Military power sharing→Joint command structures
Page 3, DEFENCE AND SECURITY ISSUES

1.3 Formation of the Burundi National Defence Force (BNDF)
1.3.1 The integrated General Staff and the Officer Corps shall be composed of
60% officers selected from the governmental army and 40% officers from the CNDD-FDD.
1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size
of each party and of the agreed balance.

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: Page 1, Preamble:
...
Taking note of the commitments of the TGoB and the CNDD-FDD to reach an all embracing agreement for the achievement of lasting peace, security and stability in Burundi,
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 3, DEFENCE AND SECURITY ISSUES, I. THE BURUNDI NATIONAL DEFENCE FORCE:
...
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
1.4 Demobilisation
1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force in terms of the
Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.144 of the December 2002 Ceasefire Agreement.
1.4.2 The demobilization and integration of these combatants will be progressive, bearing in mind social stability and affordability. The
Government shall oversee this process through the Minister of State and the Minister of Defence.
1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi
National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi. The Government of Burundi shall oversee this process.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment
and barracking exercises.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
Police: Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
II. BURUNDI POLICE FORCE
2.1 The parties agreed on the establishment of a new police force in Burundi.
2.2 The structure of the new Police Force will be guided by the following
principles:
– Inclusivity and integration.
– General Staff structure based on the principle of 65% TGoB and 35% – CNDD-FDD.
– The principle of 50-50 ethnic balance.
2.3 Composition of junior structures of the Police Force shall also be guided by the principles of inclusivity.
2.4 The decisions will be taken on the basis of consensus.

III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and
Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.
Armed forces: Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
III. GENDARMERIE
3.1 The Gendarmerie will be treated as part of the FAB.
3.2 Elements of the Gendarmerie may be deployed to both the new Defence and
Police Forces.
3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
DDR: Security sector→DDR→DDR programmes
Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 4, DEFENCE AND SECURITY ISSUES:
1.4 Demobilisation
1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force in terms of the
Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.144 of the December 2002 Ceasefire Agreement.
1.4.2 The demobilization and integration of these combatants will be progressive, bearing in mind social stability and affordability. The
Government shall oversee this process through the Minister of State and the Minister of Defence.
1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi
National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi. The Government of Burundi shall oversee this process.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment and barracking exercises.
Intelligence services: Page 5, V. INTELLIGENCE:
5.1 The parties agreed on the establishment of a ministry of intelligence under the President.
5.2 Parties will submit names for the General Staff of Intelligence to the President.
The agreed criteria for the composition will be as follows;
– 65% – TGoB
– 35% – CNDD-FDD
– The principle of 50-50 ethnic balance.
5.3 The President, informed by the capacity/suitability of persons proposed and guided by the principles of integration and inclusivity, shall retain the
discretion to determine the final composition of his General Staff of Intelligence.
Parastatal/rebel and opposition group forces: Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification
1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission. The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.
1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment
and barracking exercises.

Page 5, VI. PALIPEHUTU/FNL
6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the
December 2002 Ceasefire Agreement.
6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to
perform certain tasks.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 5, VII. OUTSTANDING MATTERS:
– Temporary Immunity.
...
These matters will be finalized at the next meeting that will be convened as a matter of urgency.
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: In the presence of:
(Signed) His Excellency Jacob Zuma, Deputy President of the Republic of South Africa, Facilitator of the Burundi Peace Process
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, DEFENCE AND SECURITY ISSUES:
The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE
1.1 Cantonment
The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.
The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

Page 5, IV. MILITIA:
Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment and barracking exercises.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://www.peacemaker.un.org/

Annex to the letter dated 8 October 2003 from the Permanent Representative of Burundi to the United Nations addressed to the President of the Security Council

THE PRETORIA PROTOCOL ON POLITICAL, DEFENCE AND SECURITY POWER SHARING IN BURUNDI

PREAMBLE

The Transitional Government of Burundi (hereafter referred to as “TGoB”) and the National Council for the Defence of Democracy — Forces for Defence of Democracy (hereafter referred to as “CNDD-FDD”) both hereafter referred to as “the Parties”,

Taking note of the commitments of the TGoB and the CNDD-FDD to reach an all embracing agreement for the achievement of lasting peace, security and stability in Burundi,

Acknowledging the principles and objectives of the Arusha Peace and Reconciliation Agreement for Burundi and the Transitional Constitution of the Republic of Burundi,

Reaffirming their commitment to the Ceasefire Agreement between the Parties signed in Arusha on 2 December 2002 as well as the Joint Declaration of Agreement addressing the practical implementation of the December 2002 Ceasefire Agreement, signed in Pretoria on 27 January 2003,

Acknowledging further the Dar es Salaam Communiqué of the Regional Summit of 20 July 2003 re-committing the parties to a negotiated framework to resolve all outstanding issues related to Political Power Sharing and Technical Forces Agreement,

Recognizing that the conflict in Burundi requires an inclusive dialogue and participation of all political groups and movements,

Conscious of the need to give impetus to the implementation of the content and spirit of the various agreements reached on the Burundi Peace Process,

Hereby agree to engage in the following process in order to effect the power sharing agreement in terms of paragraphs 1.1.121 and 1.1.152 of the December 2002 Ceasefire Agreement between the CNDD-FDD and the Transitional Government of Burundi.

__________________

1 The CNDD-FDD will take part in the powersharing arrangements with the Transitional Government of Burundi.

The details will be negotiated amongst the parties concerned.

2 The integration exercise will affect the Burundi Armed Forces, the Police and Intelligence Services as provided for in the Arusha Agreement.

POLITICAL POWER ISSUES

EXECUTIVE

The CNDD-FDD will have four ministries including a Minister of State.

The Presidency will consult the Minister of State on all key matters.

THE LEGISLATURE

National Assembly

1. CNDD-FDD will participate in the Bureau as follows:

– Second-Vice President.

– Deputy Secretary-General.

The Bureau will be increased to six.

Two advisors will be appointed in the Staff of the National Assembly.

CNDD-FDD will also have 15 members of the Assembly.

Measures will be taken to respect the balance among the political families as reflected in the Arusha Agreement.

Senate

The question of the participation of the CNDD-FDD will be discussed at the next meeting, prior to the Regional Summit. (

See Article VII below)

GOVERNORS OF PROVINCES

CNDD-FDD will have:

– Three Governors.

– Five Advisors.

DIPLOMATIC CORPS

CNDD-FDD will have:

– Two ambassadors.

– Six secretaries and/or advisors.

LOCAL GOVERNMENT

CNDD-FDD will have 30 Administrators.

PUBLIC ENTERPRIZES

CNDD-FDD will lead 20% of these.

The exact distribution will be negotiated later.

DEFENCE AND SECURITY ISSUES:

The power sharing process in terms of defence and security issues shall consist of the following phases;

I. THE BURUNDI NATIONAL DEFENCE FORCE

1.1 Cantonment

The combatants of the CNDD-FDD will move to areas designated by the Joint Ceasefire Commission (JCC) under the supervision of the African Mission.

The Burundi Armed Forces (FAB) will be confined to areas agreed upon under supervision of the African Mission, with certain elements being exempted in accordance with par 1.1.73 of the December 2002 Ceasefire Agreement.

1.2 Verification

1.2.1 Once members have been cantoned and confined, a verification exercise will be undertaken to determine the size of the respective forces by the Joint Ceasefire Commission.

The suitability of personnel submitted by both parties will be determined on the basis of the Forces Technical Agreement (FTA), to be finalized, under the guidance/leadership of the JCC.

1.2.2 Those determined to be suitable will form the new Defence and Security Forces of Burundi.

1.3 Formation of the Burundi National Defence Force (BNDF)

1.3.1 The integrated General Staff and the Officer Corps shall be composed of 60% officers selected from the governmental army and 40% officers from the CNDD-FDD.

1.3.2 The composition of the non commissioned officers and the rank and file shall be determined by the integrated General Staff according to the size of each party and of the agreed balance.

1.3.3 On proposal of the integrated General Staff, the government shall determine;

– The structure of the Burundi National Defence Force

– The size of the army and

– Composition of the officer corps.

1.3.4 The allocation of command posts shall be on the basis of ethnic balance (50-50) as stipulated in the Arusha Peace and Reconciliation Agreement.

1.3.5 The President of the Republic of Burundi undertakes to give expression to this arrangement through a Presidential decree.

__________________

3 For purposes of addressing the current security situation in Burundi, certain elements of the Burundian armed forces will be exempted from the application of 1.1.7 in order to perform necessary security tasks.

1.4 Demobilisation

1.4.1 Combatants of the CNDD-FDD or FAB who have been found not to be eligible to join the Burundi National Defence Force in terms of the Forces Technical Agreement, will be demobilized, taking into consideration paragraph 1.1.144 of the December 2002 Ceasefire Agreement.

1.4.2 The demobilization and integration of these combatants will be progressive, bearing in mind social stability and affordability.

The Government shall oversee this process through the Minister of State and the Minister of Defence.

1.4.3 The final phase of demobilization will take place once the elected government is in place, guided by the required size of the Burundi National Defence Force and taking into consideration the work undertaken by the Transitional Government of Burundi.

The Government of Burundi shall oversee this process.

II. BURUNDI POLICE FORCE

2.1 The parties agreed on the establishment of a new police force in Burundi.

2.2 The structure of the new Police Force will be guided by the following principles:

– Inclusivity and integration.

– General Staff structure based on the principle of 65% TGoB and 35% –

CNDD-FDD.

– The principle of 50-50 ethnic balance.

2.3 Composition of junior structures of the Police Force shall also be guided by the principles of inclusivity.

2.4 The decisions will be taken on the basis of consensus.

III. GENDARMERIE

3.1 The Gendarmerie will be treated as part of the FAB.

3.2 Elements of the Gendarmerie may be deployed to both the new Defence and Police Forces.

3.3 Equally, elements of the CNDD-FDD will also be deployed into the Burundi Police Force.

__________________

4 The Transitional Government of Burundi and the African Mission will address the welfare of the assembled combatants and all those participating in the integration process and work out packages for those that will not be absorbed in the integration exercise of the New Burundi Army.

Particular attention to be paid to the combatants and civilians who were crippled and maimed by the war.

IV. MILITIA

Militia will be disarmed according to the December 2002 Ceasefire Agreement under the supervision of the African Mission, at the beginning of cantonment and barracking exercises.

V. INTELLIGENCE

5.1 The parties agreed on the establishment of a ministry of intelligence under the President.

5.2 Parties will submit names for the General Staff of Intelligence to the President.

The agreed criteria for the composition will be as follows;

– 65% – TGoB

– 35% – CNDD-FDD

– The principle of 50-50 ethnic balance.

5.3 The President, informed by the capacity/suitability of persons proposed and guided by the principles of integration and inclusivity, shall retain the discretion to determine the final composition of his General Staff of Intelligence.

VI. PALIPEHUTU/FNL

6.1 To address the current security situation in Burundi certain elements of the FAB will be exempted from confinement, as per the provisions of the December 2002 Ceasefire Agreement.

6.2 Prior to the establishment of a National Defence Force and in terms of the December 2002 Ceasefire Agreement, joint military units will be constituted to perform certain tasks.

VII. OUTSTANDING MATTERS:

– Temporary Immunity.

– CNDD-FDD as a political party.

– Forces Technical Agreement.

– The question of the participation of CNDD-FDD in the Senate.

These matters will be finalized at the next meeting that will be convened as a matter of urgency.

Done in Pretoria, South Africa, on 8 October 2003.

For the Transitional Government of Burundi:

(Signed) His Excellency Domitien Ndayizeye President of the Republic of Burundi

For the CNDD-FDD Movement:

(Signed) Mr. Pierre Nkurunziza

Legal Representative of the CNDD-FDD Movement

In the presence of:

(Signed) His Excellency Jacob Zuma Deputy President of the Republic of South Africa Facilitator of the Burundi Peace Process