Déclaration du Sommet des chefs d'Etats et de gouvernements de l'initiative régionale sur le processus de Paix au Burundi

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Déclaration du Sommet des chefs d'Etats et de gouvernements de l'initiative régionale sur le processus de Paix au Burundi
Date: 4 Dec 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: - His Excellency Pierre Nkurunziza, President of the Republic of Burundi
- Mr Agathon Rwasa, President of the PALIPEHUTU-FNL
Third parties: - His Excellency President Yoweri Museveni, President of the Regional Initiative
- His Excellency Rupiah Banda, President of the Republic of Zambia
- His Excellency Stephen Kalonso Musyoka, Vice-resident and Minister of the Interior of the Republic of Kenya
- His Excellency Mizengo Pinda, First Minister of the United Republic of Tanzania
- His Excellency Bernard Makuza, First Minister of the Republic of Rwanda
- His Excellency Mohamoud Dirir, Minister of Culture and Tourism of the Federal Democratic Republic of Ethiopia
- Representing the Facilitator, His Excellency Jeff Radebe, Minister of Transport of the Republic of South Africa
- His Excellency Jean Ping, President of the Commission of the African Union
- Mr Yussef Mahmoud, Executive Representative of the United Nations Secretary-General
Description: This short agreement provides for modalities of the transformation process of the FNL-Palipehutu into a political party.

Agreement document: BI_081204_DeclarationSommetInitiativeRegionalProcessusdePaixauBurundi_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): BI_081204_DeclarationSommetInitiativeRegionaleProcessusddePaixauBurundi.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 1, Article 1:
The PALIPEHUTU-FNL represented by its President Mr Agathon Rwasa, accepts that under its current name, it cannot be registered as a political party, because this is not permitted under the Burundian Constitution.

Page 1, Article 2:
In light of (1) the PALIPEHUTU-FNL undertakes to explain the constitutional obligations relating to the accreditation of political parties to its members, and to consult on a new name which is both inoffensive, and which conforms to the Constitution.

Page 2, Article 5:
The President of Burundi, His Excellency Pierre Nkurunziza, has engaged the Government in the process of political integration of the future PALIPEHUTU-FNL leaders; in which 33 posts will be allocated to the principal members of the PALIPEHUTU-FNL.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Article 1:
The PALIPEHUTU-FNL represented by its President Mr Agathon Rwasa, accepts that under its current name, it cannot be registered as a political party, because this is not permitted under the Burundian Constitution.

Page 1, Article 2:
In light of (1) the PALIPEHUTU-FNL undertakes to explain the constitutional obligations relating to the accreditation of political parties to its members, and to consult on a new name which is both inoffensive, and which conforms to the Constitution.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 2, Article 5:
The President of Burundi, His Excellency Pierre Nkurunziza, has engaged the Government in the process of political integration of the future PALIPEHUTU-FNL leaders; in which 33 posts will be allocated to the principal members of the PALIPEHUTU-FNL.
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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 2, Article 4:
The two parties agree that the DDR process should begin as soon as possible with the immediate transfer of PALIPEHUTU-FNL combatants to the assembly areas. It is also agreed that the competent authorities dealing with the MCVS [Joint Monitoring Mechanism] process will be responsible for this transfer, and that it should not be subject to any interference which may result in delays. Nor should it be subject to any conditions.

Page 2, Article 6:
The President of Burundi has reiterated his earlier decision to free all political prisoners and prisoners of war. Liberated prisoners with the status of combatants will report directly to the assembly zones, while civilians will return to their homes.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 1:
The PALIPEHUTU-FNL represented by its President Mr Agathon Rwasa, accepts that under its current name, it cannot be registered as a political party, because this is not permitted under the Burundian Constitution.

Page 1, Article 2:
In light of (1) the PALIPEHUTU-FNL undertakes to explain the constitutional obligations relating to the accreditation of political parties to its members, and to consult on a new name which is both inoffensive, and which conforms to the Constitution.

Page 2, Article 4:
The two parties agree that the DDR process should begin as soon as possible with the immediate transfer of PALIPEHUTU-FNL combatants to the assembly areas. It is also agreed that the competent authorities dealing with the MCVS [Joint Monitoring Mechanism] process will be responsible for this transfer, and that it should not be subject to any interference which may result in delays. Nor should it be subject to any conditions.

Page 2, Article 5:
The President of Burundi, His Excellency Pierre Nkurunziza, has engaged the Government in the process of political integration of the future PALIPEHUTU-FNL leaders; in which 33 posts will be allocated to the principal members of the PALIPEHUTU-FNL.
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: Page 2, Article 6:
The President of Burundi has reiterated his earlier decision to free all political prisoners and prisoners of war. Liberated prisoners with the status of combatants will report directly to the assembly zones, while civilians will return to their homes.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: - Mr Yussef Mahmoud, Executive Representative of the United Nations Secretary-General
Other international signatory: - His Excellency President Yoweri Museveni, President of the Regional Initiative
- His Excellency Rupiah Banda, President of the Republic of Zambia
- His Excellency Stephen Kalonso Musyoka, Vice-resident and Minister of the Interior of the Republic of Kenya
- His Excellency Mizengo Pinda, First Minister of the United Republic of Tanzania
- His Excellency Bernard Makuza, First Minister of the Republic of Rwanda
- His Excellency Mohamoud Dirir, Minister of Culture and Tourism of the Federal Democratic Republic of Ethiopia
- Representing the Facilitator, His Excellency Jeff Radebe, Minister of Transport of the Republic of South Africa
- His Excellency Jean Ping, President of the Commission of the African Union
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/BI_081204_DeclarationSommetInitiativeRegionaleProcessusddePaixauBurundi.pdf

HEADS OF STATE AND GOVERNMENT SUMMIT DECLARATION ON THE BURUNDI PEACE PROCESS REGIONAL INITIATIVE

December 4, 2008

The Heads of State and of Government of the Great Lakes Region met at Bujumbura (Burundi) on Thursday December 4, 2008, at the invitation of His Excellency Yoweri Museveni, President of the Burundi Peace Process Regional Initiative.

The summit aimed to end the impasse which has blocked the Burundi Peace Process, with the objective of finding a lasting solution.

The participants in the summit were:

His Excellency President Yoweri Museveni, President of the Regional Initiative

His Excellency Pierre Nkurunziza, President of the Republic of Burundi

His Excellency Rupiah Banda, President of the Republic of Zambia

His Excellency Stephen Kalonso Musyoka, Vice-president and Minister of the Interior of the Republic of Kenya

His Excellency Mizengo Pinda, First Minister of the United Republic of Tanzania

His Excellency Bernard Makuza, First Minister of the Republic of Rwanda

His Excellency Mohamoud Dirir, Minister of Culture and Tourism of the Federal Democratic Republic of Ethiopia

Representing the Facilitator, His Excellency Jeff Radebe, Minister of Transport of the Republic of South Africa

His Excellency Jean Ping, President of the Commission of the African Union

Mr Agathon Rwasa, President of the PALIPEHUTU-FNL

Mr Yussef Mahmoud, Executive Representative of the United Nations Secretary-General

It was agreed as follows:

The PALIPEHUTU-FNL represented by its President Mr Agathon Rwasa, accepts that under its current name, it cannot be registered as a political party, because this is not permitted under the Burundian Constitution.

In light of (1) the PALIPEHUTU-FNL undertakes to explain the constitutional obligations relating to the accreditation of political parties to its members, and to consult on a new name which is both inoffensive, and which conforms to the Constitution.

This explanation and consultation must be completed before the deadline of December 31, 2008.

The two parties agree that the DDR process should begin as soon as possible with the immediate transfer of PALIPEHUTU-FNL combatants to the zones of assembly.

It is also agreed that the competent authorities dealing with the MCVS process will be responsible for this transfer, and that it should not be subject to any interference which may result in delays.

It is also agreed that the process should not should it be bound by any conditions

The President of Burundi, His Excellency Pierre Nkurunziza, has engaged the Government in the process of political integration of the future PALIPEHUTU-FNL leaders, in which 33 posts will be allocated to the principal members of the PALIPEHUTU-FNL.

The President of Burundi has reiterated his earlier decision to free all political prisoners and prisoners of war.

Liberated prisoners with the status of combatants will report directly to the zones of assembly, while civilians will return to their homes.

The summit ended with the leaders expressing their thanks to President Nkurunziza for the hospitality extended to the different delegations.

Done in Bujumbura, December 4, 2008

Signatures:

For the Governement:

His Excellency Pierre Nkurunziza, President of the Republic of Burundi

For the PALIPEHUTU-FNL

Mr Agathon Rwasa, President of the PALIPEHUTU-FNL

Witnesses:

His Excellency President Yoweri Museveni, President of the Regional Initiative

- His Excellency Rupiah Banda, President of the Republic of Zambia

- His Excellency Stephen Kalonso Musyoka, Vice-resident and Minister of the Interior of the Republic of Kenya

- His Excellency Mizengo Pinda, First Minister of the United Republic of Tanzania

- His Excellency Bernard Makuza, First Minister of the Republic of Rwanda

- His Excellency Mohamoud Dirir, Minister of Culture and Tourism of the Federal Democratic Republic of Ethiopia

- Representing the Facilitator, His Excellency Jeff Radebe, Minister of Transport of the Republic of South Africa

- His Excellency Jean Ping, President of the Commission of the African Union

- Mr Yussef Mahmoud, Executive Representative of the United Nations Secretary-General