Déclaration du Directoire Politique du processus de paix au Burundi sur le processus de mise en oeuvre des décisions conjointes prises à Pretoria

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Déclaration du Directoire Politique du processus de paix au Burundi sur le processus de mise en oeuvre des décisions conjointes prises à Pretoria
Date: 8 Apr 2009
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: The Government of Burundi (Ambassador Dumisani Khumalo, Division General: Evariste Ndayishimiye) and the FNL (Front National de Liberation, General Secretary: Jonas Nshimirimana, FNL President: Agathon Rwasa)

(The Political Directorate participated under the direction of its new president, Ambassador Dumisani Khumalo, as well as the tripartite high-level working group set up by the Facilitator last month (consisting of Division General Evarist Ndayishmiye, representing the Government of the Republic of Burundi, Mr Jonas Nshimirimana, FNL Secretary-General, and Lieutenant-General Derick Mgwebi of S. Africa who is president of the group); Mr Agathon Rwasa, President of the FNL, was also present.)
Third parties: Facilitator: Mr. Minister Charles Nqakula from South Africa
President of Political Directory: Lieutenant-General Derick Mgwebi from South Africa

(The Political Directorate participated under the direction of its new president, Ambassador Dumisani Khumalo, as well as the tripartite high-level working group set up by the Facilitator last month (consisting of Division General Evarist Ndayishmiye, representing the Government of the Republic of Burundi, Mr Jonas Nshimirimana, FNL Secretary-General, and Lieutenant-General Derick Mgwebi of S. Africa who is president of the group); Mr Agathon Rwasa, President of the FNL, was also present.)
Description: This document is about finally doing everything possible to implement the ceasefire of September 7, 2006. It includes a list of tasks for the FNL e.g. separate adults from children, reunite the people still in the safe zones, disarm and decommission, and making lists of who will be integrate into the national army and security forces (3500), who will simply disarm (5000), list of adult associates of the movement, list of up to 1000 women associates of FNL. Two associates’ categories will be eligible for subsidies for their social and economic reinsertion. The document also includes tasks for the government: inter alia oversight of the children separated from the FNL.

Agreement document: BI_090408_DeclarationDirectoirePolitiqueduProcessusdePaix_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): BI_090408_DeclarationDirectoirePolitiqueduProcessusdePaix.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1:
...
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(1) 3,500 will be integrated in the defence and security forces of the Government of Burundi;
(2) 5,000 will be demobilised;
(3) A maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;

Page 2:
- The Government
(1) Will supervise, using its Technical Coordination Team at the Gitega Mobilisation Centre, the process for children who have separated from the FNL;
(2) Will ensure, using its Technical Coordination Team, the urgent transformation of the Ruba and Randa assembly areas into Demobilisation Centres. This will help to accelerate the demobilisation process, the Gitega Demobilisation Centre being reserved for 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: (p.1) ‘Jusqu’à un maximum de 1.000 femmes dont les noms peuvent ne pas figurer sur la liste certifiée mais qui, conformément à la Résolution 1325 de l’an 2000 du Conseil de Sécurité sur les femmes, la paix et la sécurité, peuvent être considérées comme des « femmes associées » aux FNL.’
(p.2) ‘le gouvernment du Burundi et le FNL devront urgememment nommer, chacun, deux représentant, qui travailleront étroitement avec les Nations Unies et d’autres parties prenantes sur tous les aspects relatifs au genre.’

Page 1, para 6: The FNL, having separated their adult members from their children members, should:
…(b) proceed with the separation of their members and divide them up according to the four following categories:
…(4) Up to a maximum of 1000 women whose names may not appear on the certified list, but who, in compliance with UN Security Council Resolution 1325 on Women Peace and Security passed in 2000, could be considered as ‘women associated with the FNL’.
People in categories (3) and (4) will be eligible to receive allowances of which a significant portion will be allocated for their socio-economic reintegration at the community level.

Page 2, para 9: The Government of Burundi and the FNL should each urgently appoint two representatives who will work directly with the United Nations and other stakeholders on all gender-related matters.

Marian's translation:
Page 1-2:
...
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
...
(4) A maximum of 1,000 women who do not appear on the certified list but who, in accordance with the year 2000 Security Council Resolution 1325 on women, peace and security, may be considered to be FNL “associated women”.
Categories (3) and (4) will be eligible for subsidies, an important proportion of which will be aimed at their socio-economic reintegration in the community.
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:
In light of the above, and in order to facilitate approval of the FNL as a political party, decisions were taken as to how best to remove the obstacles which still confront the Disarmament, Demobilisation and Reintegration process (DDR), while respecting the principle of equity which has underpinned the treatment of former armed political movements, since the Arusha Agreements of 2000.

Page 2:
- The Government
...
(3) Will accept the FNL as a political party, as soon as the Facilitation Team has confirmed its disarmament;
...
(7) Expedite nominations to the 33 posts designated for FNL civilians, a process currently led by a high-level joint committee established by President Nkurunziza and Mr Rwasa.
...
Both the Government of Burundi and the FNL must immediately nominate two representatives who will work closely with the United Nations and other involved parties on all aspects of the situation.
Civil society: Page 2:
The Government of Burundi and the FNL are invited to launch an intense communication campaign to inform members of the FNL and the general public. The Tripartite Working Group and the Joint Verification and Monitoring Mechanism (MCVS), must, with the assistance of the international community, provide visible assistance and support to this campaign.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 1:
...
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(1) 3,500 will be integrated in the defence and security forces of the Government of Burundi;
(2) 5,000 will be demobilised;
(3) A maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;

Page 2:
- The Government
...
(4) Will proceed immediately to the integration of the 3,500 FNL combatants in the defence and security forces, of which 390 FNL members will be trained in the Mixed Protection Unit;
...
(9) Identify 390 Government nominees to be trained for the Mixed Protection Unit.

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
Page 2:
...
The Government of Burundi and the FNL are invited to launch an intense communication campaign to inform members of the FNL and the general public.
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 2:
...
Ongoing financial support is requested from the international community for implementation of the above measures as well as a flexible approach to the budgetary costs of integrating a further 500 FNL combatants.
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 1-2:
...
In light of the above, and in order to facilitate approval of the FNL as a political party, decisions were taken as to how best to remove the obstacles which still confront the Disarmament, Demobilisation and Reintegration process (DDR), while respecting the principle of equity which has underpinned the treatment of former armed political movements, since the Arusha Agreements of 2000.
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(1) 3,500 will be integrated in the defence and security forces of the Government of Burundi;
(2) 5,000 will be demobilised;
(3) A maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;
Categories (3) and (4) will be eligible for subsidies, an important proportion of which will be aimed at their socio-economic reintegration in the community.

Page 2:
- The Government
(1) Will supervise, using its Technical Coordination Team at the Gitega Mobilisation Centre, the process for children who have separated from the FNL;
(2) Will ensure, using its Technical Coordination Team, the urgent transformation of the Ruba and Randa assembly areas into Demobilisation Centres. This will help to accelerate the demobilisation process, the Gitega Demobilisation Centre being reserved for children.
(3) Will accept the FNL as a political party, as soon as the Facilitation Team has confirmed its disarmament;
(4) Will proceed immediately to the integration of the 3,500 FNL combatants in the defence and security forces, of which 390 FNL members will be trained in the Mixed Protection Unit;
(5) Will assist in the demobilisation of 5000 members in a process assisted by the international community, and monitored in situ by international observers;
...
(8) Guarantee security in the pre-assembly zones, and the safe storage of arms; under the control of international observers and FNL leaders;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1-2:
In light of the above, and in order to facilitate approval of the FNL as a political party, decisions were taken as to how best to remove the obstacles which still confront the Disarmament, Demobilisation and Reintegration process (DDR), while respecting the principle of equity which has underpinned the treatment of former armed political movements, since the Arusha Agreements of 2000.
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(1) 3,500 will be integrated in the defence and security forces of the Government of Burundi;
(2) 5,000 will be demobilised;
(3) A maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;
(4) A maximum of 1,000 women who do not appear on the certified list but who, in accordance with the year 2000 Security Council Resolution 1325 on women, peace and security, may be considered to be FNL “associated women”.
Categories (3) and (4) will be eligible for subsidies, an important proportion of which will be aimed at their socio-economic reintegration in the community.

Page 2:
- The Government
(1) Will supervise, using its Technical Coordination Team at the Gitega Mobilisation Centre, the process for children who have separated from the FNL;
...
(3) Will accept the FNL as a political party, as soon as the Facilitation Team has confirmed its disarmament;
(4) Will proceed immediately to the integration of the 3,500 FNL combatants in the defence and security forces, of which 390 FNL members will be trained in the Mixed Protection Unit;
(5) Will assist in the demobilisation of 5000 members in a process assisted by the international community, and monitored in situ by international observers;
(6) Accelerate and achieve within 15 days the liberation of any remaining FNL prisoners;
(7) Expedite nominations to the 33 posts designated for FNL civilians, a process currently led by a high-level joint committee established by President Nkurunziza and Mr Rwasa.
(8) Guarantee security in the pre-assembly zones, and the safe storage of arms; under the control of international observers and FNL leaders;
(9) Identify 390 Government nominees to be trained for the Mixed Protection Unit.
The Government of Burundi and the FNL are invited to launch an intense communication campaign to inform members of the FNL and the general public.
...
Both the Government of Burundi and the FNL must immediately nominate two representatives who will work closely with the United Nations and other involved parties on all aspects of the situation.
Ongoing financial support is requested from the international community for implementation of the above measures as well as a flexible approach to the budgetary costs of integrating a further 500 FNL combatants.
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:
- The Government
...
(6) Accelerate and achieve within 15 days the liberation of any remaining FNL prisoners;
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 signatures on the document, but it states who took part in the reunion, inter alia: Monsieur Youssef Mahmoud, Représentant exécutif du Secrétaire-général des Nations Unies au Burundi)
Other international signatory: No signatures on the document, but it states who took part in the reunion, inter alia: Ambassador Dumisani Khumalo, Lieutenant-General Derick Mgwebi of S. Africa who is president of the group)
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1:
...
The decisions taken in Pretoria have been transformed into the following specific actions which the Burundian parties must implement immediately:
- The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) separate the various elements and allocate them to the following four categories:
(1) 3,500 will be integrated in the defence and security forces of the Government of Burundi;
(2) 5,000 will be demobilised;
(3) A maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;

Page 2:
- The Government
...
(5) Will assist in the demobilisation of 5000 members in a process assisted by the international community, and monitored in situ by international observers;
(6) Accelerate and achieve within 15 days the liberation of any remaining FNL prisoners;
...
(8) Guarantee security in the pre-assembly zones, and the safe storage of arms; under the control of international observers and FNL leaders;
...
The Tripartite Working Group and the Joint Verification and Monitoring Mechanism (MCVS), must, with the assistance of the international community, provide visible assistance and support to this campaign. Both the Government of Burundi and the FNL must immediately nominate two representatives who will work closely with the United Nations and other involved parties on all aspects of the situation.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://peacemaker.un.org/

DECLARATION

of the Political Directorate of the Burundi Peace Process

on the implementation process for the joint decisions made in Pretoria,

April 8, 2009

Following his visit on April 1, 2009, to Burundi, the Facilitator, Minister Charles Nqakula of South Africa, convened a meeting in Pretoria on April 8 in order to make a final evaluation of the peace process between the Government of Burundi and the FNL and to agree the definitive steps needed to bring this about.

The Political Directorate participated under the direction of its new president, Ambassador Dumisani Khumalo, as well as the tripartite high-level working group set up by the Facilitator last month (consisting of Division General Evarist Ndayishmiye, representing the Government of the Republic of Burundi, Mr Jonas Nshimirimana, Secretary-General of the FNL, and Lieutenant-General Derick Mgwebi of S. Africa, its president);

Mr Agathon Rwasa, President of the FNL, was also present.

The participants worked with due recognition of the urgency of the situation.

They were keenly aware that, in the context of the painful economic crisis and other international priorities, any further delay in implementing the Global Ceasefire Agreement of September 7, 2006 would be both irresponsible and unjustifiable.

In light of the above, and in order to facilitate approval of the FNL as a political party, decisions were taken as to how best to remove the obstacles which still confront the Disarmament, Demobilisation and Reintegration process (Désarmament, Démobilisation et de Réintégration, DDR), while respecting the principle of equity which has underpinned the treatment of former armed political movements, since the Arusha Agreements of 2000.

The decisions taken in Pretoria have been specified in terms of the following specific actions which the Burundian parties must implement immediately:

The FNL having separated their adult and child members must (a) within 3 days gather together all of their members whose names appear on the certified list and who are still in the pre-assembly zones, disarm them and hand over all their arms to the African Union Special Force, (b) proceed to separate the various elements and allocate them to the following four categories:

(1) 3,500 who shall be integrated in the defence and security forces of the Government of Burundi;

(2) 5,000 who shall be demobilised;

(3) Up to a maximum of 10,000, outwith those in (1) and (2), but who may be considered to be “Associated adults” of the Movement;

(4) Up to a maximum of 1,000 women whose names cannot appear on the certified list but who, in accordance with the year 2000 Security Council Resolution 1325 on women, peace and security, may be considered to be FNL “associated women”.

Categories (3) and (4) will be eligible for subsidies, an important proportion of which will be aimed at their socio-economic reintegration in the community.

The Government shall:

Supervise, using its Technical Coordination Team at the Gitega Mobilisation Centre, the process for children who have separated from the FNL;

Ensure, using its Technical Coordination Team, the urgent transformation of the Rubira zone of assembly and the Randa site into Demobilisation Centres.

This will help to accelerate the demobilisation process, the Gitega Demobilisation Centre being reserved for children.

Accept the FNL as a political party, as soon as the Facilitation Team has confirmed its disarmament;

Proceed immediately to the integration of the 3,500 FNL combatants in the defence and security forces, of which 390 FNL members will be trained in the Mixed Protection Unit;

Assist in the demobilisation of 5000 members in a process assisted by the international community, and monitored in situ by international observers;

Accelerate and within 15 days complete the liberation of any remaining FNL prisoners;

Expedite nominations to the 33 posts designated for FNL civilians, a process currently led by a high-level joint committee established by President Nkurunziza and Mr Rwasa.

Guarantee security in the pre-assembly zones, and the safe storage of arms;

under the control of international observers and FNL leaders;

Identify 390 Government nominees to be trained for the Mixed Protection Unit.

The Government of Burundi and the FNL are invited to launch an intense communication campaign to inform members of the FNL and the general public.

The Tripartite Working Group and the Joint Verification and Monitoring Mechanism (Méchanisme Conjoint de Vérification se de Suivi, MCVS), must, with the assistance of the international community, provide visible assistance and support to this campaign.

Both the Government of Burundi and the FNL shall immediately nominate two representatives who will work closely with the United Nations and other involved parties on all aspects of the situation.

Ongoing financial support is requested from the international community for implementation of the above measures as well as a flexible approach to the budgetary costs of integrating a further 500 FNL combatants.

The Facilitation Team, the Political Directorate and the entire international community undertake to support the Burundian parties throughout the timeline described above.

The Political Directorate calls upon the Burundian parties to muster the determination and engagement necessary to bring about, in good faith and as soon as possible, a satisfactory outcome of this final phase of the peace process for the Burundian people.

Done in Bujumbura, April 16, 2009

Participants in the Pretoria meeting of April 8, 2009

Participants:

Ont pris part à la réunion du 8 avril 2009 à Prétoria:

S. E. M. Charles Nqakula, Ministre Sud-africain de la Défense, Facilitateur du processes de paix au Burundi;

S.EM.

l’ambassadeur Dumisani Kumalo, Envoyé spécial de la République sud-africaine dans la Région des Grands Lacs, Président du Directoire Politique;

Général de Division Evariste Ndayishimiye, représentant le Government du Burundi;

MM.

Agathon Rwasa, Président des FNL et Jonas Nshimirimana, Secrétaire-général, représentant les FNL, S.E.M. l'Ambassadeur Mamadou Bah, Représentant spécial de l’Union Africaine en République du Burundi et Chef de la Mission Africaine au Burundi;

S.E.M Mdu Lembede, Ambassadeur de la République Sud-africaine en République du Burundi;

S.E.M. Francis Mndolwa, Ambassadeur de la République Unie de Tanzanie en République du Burundi;

S.E.M. Ambassadeur de la République française en République du Burundi et réprésentant de 'l'Union Européenne au Burundi;

Youssef Mahmoud Réprésentant exécutif du Secrétaire-général des Nations Unies au Burundi;

M. Julius Magembe, Représentant del'Ambassade de la République Ougandaise en République du Burundi ;

Lieutenant-Général Derrick Mgwebi, Chef du Groupe de Travail Tripartite de Haut Niveau et Représentant de la Facilitation.