The Protocol on Outstanding Issues of Political, Defence and Security Power Sharing in Burundi ('Pretoria II Protocol')

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: The Protocol on Outstanding Issues of Political, Defence and Security Power Sharing in Burundi ('Pretoria II Protocol')
Date: 2 Nov 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: Framework/substantive - partial
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: For the Transitional Government of Burundi
His Execellency Domitien Ndayizeye
President of the Republic of Burundi

For the CNDD-FDD Movement,
Mr Pierre Nkurunziza
Legal Representative of the CNDD-FDD Movement
Third parties: 'In the presence of' Jacob Zuma, Deputy President of the Republic of South Afirca, Facilitator of the Burundi Peace Process
Description: This short agreement deals with the transformation of the CNDD-FDD into a political party, temporary immunity, aspects of senate, and finalisation of forces technical agreement, and reconstitution of transitional government of Burundi.

Agreement document: BI_031102_Protocol on Outstanding Issues.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: Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Rebels transitioning to political parties
Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
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 3, 5. RECONSTITUTION OF THE TRANSITIONAL GOVERNMENT OF BURUNDI:
The parties agreed that the Transitional Government of Burundi shall be reconstituted to include members of the CNDD-FDD not later than three (3) weeks from the signing of this Protocol.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
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: Page 1, Preamble:
...
Take 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: No specific mention.
Police: No specific mention.
Armed forces: Page 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
2.2. They agreed that this shall also apply to the security forces of the Government of Burundi.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
DDR: Security sector→DDR→DDR programmes
Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.

Page 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
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 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
2.2. They agreed that this shall also apply to the security forces of the Government of Burundi.
2.3. They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.
Courts: No specific mention.
Mechanism: Page 2, 1. TEMPORARY IMMUNITY:
...
2.4. They endorsed the agreements contained in the Arusha Peace and Reconciliation Agreement providing for the establishment of the International Criminal Tribunal and the National Truth and Reconciliation Commission.
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: http://peacemaker.un.org/

THE PRETORIA PROTOCOL ON OUSTANDING POLITICAL, DEFENCE AND SECURITY POWER SHARING ISSUES 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", hereby;

Take 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;

Acknowledge the principles and objectives of the Arusha Peace and Reconciliation Agreement for Burundi and the Transitional Constitution of the Republic of Burundi;

Reaffirm 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;

Acknowledge 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;

Recognise 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;

Complementing the Pretoria Protocol on Political, Defence and security in Burundi signed on 8 October 2003;

Hereby agree to engage in the following process in order to effect the power sharing agreement in terms of paragraphs 1.1.12 and 1.1.15 of the December 2002 Ceasefire Agreement between the CNDD-FDD and the Transitional Government of Burundi.

1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY

The parties confirmed the agreement contained in the Communiqué of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:

As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD-FDD is being integrated, and would mean that they qualify to register as a political party, I 2.

TEMPORARY IMMUNITY

2.1 The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.

2.2 They agreed that this shall also apply to the security forces of the Government of Burundi.

it 2.3 They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.

2.4 They endorsed the agreements contained in the Arusha Peace and Reconciliation Agreement providing for the establishment of the International Criminal Tribunal and the National Truth and Reconciliation Commission.

Complementing the Pretoria Protocol on Political, Defence and security in Burundi signed on 8 October 2003;

1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY

The parties confirmed the agreement contained in the Communiqué of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:

As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD-FDD is being integrated, and would mean that they qualify to register as a political party

2. TEMPORARY IMMUNITY

2.1 The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.

2.2 They agreed that this shall also apply to the security forces of the Government of Burundi.

it 2.3 They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.

3. SENATE

3.1 The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147:

9 of the Transitional Constitution relating to the powers of the Senate remained in force.

3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.

3.3 They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.

l i 3.4 The Transitional Government of Burundi agreed that in such an eventuality it would agree to a further discussion of this matter.

4. FORCES TECHNICAL AGREEMENT

The parties approved and signed the final text of the Forces Technical Agreement.

5. RECONSTITUTION OF THE TRANSITIONAL GOVERNMENT OF BURUNDI

The parties agreed that the Transitional Government of Burundi shall be reconstituted to include members of the CNDD-FDD not later than three (3) weeks from the signing of this Protocol.

Done in Pretoria, South Africa on 2 November 2003

For the Transitional Government of Burundi

His Execellency Domitien Ndayizeye

President of the Republic of Burundi

For the CNDD-FDD Movement,

Mr Pierre Nkurunziza

Legal Representative of the CNDD-FDD Movement

In the presence of Jacob Zuma, Deputy President of the Republic of South Africa,

Facilitator of the Burundi Peace Process