Ceasefire Agreement between the Transitional Government of Burundi and the Conseil National pour la Defence de la Democratie-Forces pour la Defense de la Democratie

Export agreement:

Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Ceasefire Agreement between the Transitional Government of Burundi and the Conseil National pour la Defence de la Democratie-Forces pour la Defense de la Democratie
Date: 2 Dec 2002
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: Ceasefire/related
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: Signatories:
- For the Transitional Government of Burundi: (Signed) Pierre Buyoya
President of the Republic of Burundi
- For CNDD-FDD:
(Signed) Pierre Nkurunziza Legal representative
Third parties: Guarantors:
- Yoweri Kaguta Museveni, President of the Republic of Uganda (Chairman of the Regional Initiative)

Witnesses:
- Benjamin Mkapa, President of the United Republic of Tanzania (Vice-Chairman of the Regional Initiative)
- Ambassador Bah, Special Representative of the African Union in Burundi
- Ambassador Dinka, Special Representative of the United Nations Secretary-General in Burundi
- Deputy President Zuma Facilitator of the Burundi peace process
Description: The Agreement delineates the different stages of the ceasefire including disarmament, demobilisation and reintegration, restructuring of the security sector and establishing a new defence and security force for Burundi.

Agreement document: BI_021202_CeasefireAgreementBetweenTransitionalGovernment-CNDDFDD.pdf (opens in new tab) | Download PDF

Main category: Page 2-3, Article II:
1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Page 10, E. Definitions:
Ceasifire means:
2.1.6. The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: Violence against women→Sexual violence
Page 2-3, Article II: 1.7
The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies

Page 10, E. Definitions: Ceasefire means: 2.1.6.
The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

Annex I to the letter dated 4 December 2002 from the Permanent Representative of Burundi to the United Nations addressed to the President of the Security Council

Ceasefire Agreement between the Transitional Government of Burundi and the Conseil national pour la défense de la démocratie-Forces pour la défense de la démocratie

The questions originally mentioned in the first part of the preamble have been transferred to the annex, with a view to their negotiation at a later stage.

However, the negotiations on those questions will not create preconditions for the implementation of the ceasefire.

The discussions and clarifications which have been transferred to the annex were provided for under the Peace and Reconciliation Agreement for Burundi.

Article I

This ceasefire shall apply throughout the territory of Burundi, between the belligerents as defined.

The ceasefire shall take effect on 30 December 2002.

The first 14 days from the date of signature should enable the belligerents to communicate to their troops, throughout the chain of command, their decision to cease hostilities.

By 30 December 2002, combatants must have completed their movement to assembly areas.

This truce or cessation of hostilities shall enter into force within 72 hours after the signing of a Ceasefire Agreement.

This Ceasefire Agreement is the final stage of the peace process, itself the culmination of the Arusha Peace and Reconciliation Agreement for Burundi, signed on 28 August 2002 after a process of political negotiations.

Article II

1. The Ceasefire Agreement shall entail:

1.1 The cessation of the supply of ammunition and weaponry;

1.2 The prohibition of the distribution of lethal logistical supplies to or from any armed forces;

1.3 The release of all political prisoners;

1.4 The withdrawal of all foreign troops after the findings of the Commission of Inquiry which will investigate their presence within both the Burundian armed forces and the ranks of CNDD-FDD;

1.5 The total prohibition of mine-laying operations and of operations to obstruct demining;

1.6 The cessation of all propaganda between the parties and of incitement to ethnic hatred both inside and outside the country;

1.7 The cessation of all acts of violence against the population, any act of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation,

arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

1.8 The cessation of all air, land and lake attacks and all acts of sabotage;

1.9 The cessation of any action that may hinder the proper implementation of the peace process.

Article III

The African mission shall be responsible for monitoring and verifying the ceasefire.

Prior to this process, joint liaison teams shall be set up which shall function at the national, provincial and local levels.

The African mission shall create the organs and mechanisms for monitoring and verifying the ceasefire.

It shall draw up its own rules of procedure.

Article IV

The joint liaison teams shall comprise representatives of all the signatories and of the African mission.

The teams shall report to the African mission through the Joint Ceasefire Commission.

The joint liaison teams shall have several roles, including sharing information and facilitating communication between the parties in order to reduce the likelihood of violations of the Ceasefire Agreement, clarify alleged violations and thus help build trust between the signatories so that the peace process is accepted with complete confidence.

The duties and functions of the joint liaison teams shall be established by the internal rules of procedure, which shall determine their attributes, functioning, rights and general duties.

Article V

The Joint Ceasefire Commission composed of representatives appointed by all the belligerents and by the African mission shall be set up immediately after the signing of the Ceasefire Agreement.

The Commission shall hold its first meeting as soon as possible and shall be based in Bujumbura.

The Implementation Monitoring Committee shall establish its duties and functions.

Article VI

1. The signatories to this Agreement agree to the following principles, the procedures for the implementation of which are specified in the Arusha Peace and Reconciliation Agreement for Burundi:

1.1 The founding of a State governed by the rule of law, based on national unity, democracy, pluralism and respect for human rights;

1.2 The training of new defence and security forces, composed of government forces and combatants of the armed political parties;

1.3 The establishment of a power-sharing system within the framework of an inclusive Transitional Government.

Article VII

1. A forces technical agreement shall be negotiated and concluded in accordance with the details given in the annex.

Done at Arusha on 2 December 2002.

Signatories

For the Transitional Government of Burundi:

(Signed) Pierre Buyoya

President of the Republic of Burundi

For CNDD-FDD:

(Signed) Pierre Nkurunziza Legal representative

Guarantors

(Signed) Yoweri Kaguta Museveni

President of the Republic of Uganda (Chairman of the Regional Initiative)

Witnesses

(Signed) Benjamin Mkapa

President of the United Republic of Tanzania (Vice-Chairman of the Regional Initiative)

(Signed) Ambassador Bah

Special Representative of the African Union in Burundi

(Signed) Ambassador Dinka

Special Representative of the United Nations Secretary-General in Burundi

(Signed) Deputy President Zuma Facilitator of the Burundi peace process

Annex 1 to the Burundi Ceasefire Agreement

This annex forms an integral part of the Ceasefire Agreement.

A. Stages of the ceasefire

The ceasefire shall be implemented in two stages, namely:

1. First stage 1.1 Phase I

1.1.1 Signing of a detailed ceasefire agreement.

1.1.2 Declaration of a cessation of hostilities.

1.1.3 Establishment of a Joint Ceasefire Commission and of joint liaison teams, one of which shall deal particularly with the forces technical agreement for Burundi’s new defence and security forces;

1.1.4 Deployment of the African mission.

1.1.5 Establishment by the two parties of a neutral, negotiated commission responsible for investigating the presence of foreign troops in Burundi and the presence of foreign troops within the ranks of CNDD-FDD, as well as the presence of Burundian forces in other countries.

Withdrawal of such forces, if there were any.

1.1.6 The belligerents shall move to assembly areas, with their weapons, under the supervision of the African mission.

CNDD-FDD combatants shall be quartered in areas to be determined by the joint military commission.

1.1.7 Troops of the Burundian armed forces and other combatants shall be confined to other areas to be agreed.

The African mission’s military observers shall monitor the Burundian army’s heavy equipment in order to dispel the fears of opposition former combatants.

Heavy equipment shall mean tanks, infantry, combat vehicles, artillery pieces of a calibre larger than 82-mm mortars, aircraft, etc.

1.1.8 In view of the security situation in Burundi, some troops of the Burundian army shall be excluded from the application of subparagraph 1.1.7 to enable them to perform the necessary security functions.

1.1.9 The Transitional Government of Burundi and CNDD-FDD shall set up joint military units, as a prelude to the establishment of the new army, to perform certain functions.

1.1.10 An international monitoring mechanism shall be established in cooperation with the Democratic Republic of the Congo to monitor the security situation in the eastern part of that country on an ongoing basis, in order to prevent “negative forces” from adversely affecting security inside Burundi.

1.1.11 A joint commission shall be set up to monitor security within Burundi and in the region and to take appropriate action.

1.1.12 CNDD-FDD shall take part in the Transitional Government’s power- sharing arrangements.

The details shall be negotiated between the parties concerned.

1.1.13 After the signing of the ceasefire agreement, the parties shall address the issue of prisoners of war and political prisoners.

1.1.14 Burundi’s Transitional Government and the African mission shall ensure the welfare of assembled combatants and determine the amounts to be paid to those who are not to be integrated into the new Burundian army.

Particular attention shall be paid to combatants and civilians disabled or maimed in the war.

1.1.15 The integration programme shall concern the Burundian army, the police and the information services, as provided for in the Arusha Agreement.

1.1.16 Burundi’s Transitional Government shall ensure that new, integrated units are created, comprising troops of the Burundian army and combatants of the armed groups, according to the agreed procedures;

1.1.17 Upon signing the Ceasefire Agreement, CNDD-FDD shall become a political party under the terms of the new law on political parties to be promulgated by the Transitional Government.

1.1.18 The ceasefire between the Transitional Government of Burundi and CNDD-FDD shall take effect on 30 December 2002.

1.1.19 The Facilitator of the Burundi peace process shall ensure that all political issues and pending security issues are resolved during the interim period.

1.2 Phase II

1.2.1 Implementation of disarmament, demobilization and reintegration programmes.

1.2.2 Demining and destruction of surplus weapons.

2. Second stage

2.1 Phase I

2.1.1 Restructuring and definition of the structure of the new defence and security forces of Burundi.

2.1.2 Selection of personnel for Burundi’s new defence and security forces.

2.1.3 Officer training.

2.1.4 Training of soldiers.

2.2 Phase II

2.2.1 Establishment of Burundi’s new defence and security forces.

B. Obligations

1. Obligations of all the parties

1.1 In preparing for the signing of the Ceasefire Agreement, the parties shall give a statement of their expectations and of the mechanisms required to put the provisions of the ceasefire into immediate effect.

They undertake to ensure that the content and implications of the ceasefire are transmitted to the leaders and members of their organizations.

1.2 Upon signing the Ceasefire Agreement, the parties shall cease all acts of violence and shall desist from public campaigns against the other parties.

In other words, the media and public forums, among others, shall not be used to incite hostility.

1.3 The parties shall command and control their organizations during the ceasefire period and subsequent processes.

1.4 The parties recognize and agree that they are responsible for enforcing the provisions of the Ceasefire Agreement and for adhering to it.

1.5 The parties agree to participate and cooperate with the joint liaison teams and with the other ceasefire monitoring and verification mechanisms to be established pursuant to the Ceasefire Agreement.

1.6 Before proceeding to disengagement areas, the parties shall mark or indicate all dangerous areas where there are mines or booby traps or shall deactivate such mines or booby traps.

1.7 In moving to disengagement areas, the forces of all the parties shall take all their weapons with them.

1.8 Disengagement areas and safety corridors shall be delimited and agreed by the parties during the ceasefire negotiations.

1.9 As soon as the ceasefire takes effect, the parties agree not to:

1.9.1 Recruit additional forces;

1.9.2 Re-supply, stockpile reserves or acquire additional war materiel, weaponry and/or ammunition that could be used for future operations;

1.9.3 Make flights that could be interpreted as aerial reconnaissance;

1.9.4 Engage in reprisals or acts of intimidation because of past support for or participation in the operations of either of the parties.

1.10 The parties shall hand over to the African mission a certified list of their combatants and their weapons and an inventory of their equipment.

1.11 The parties shall declare to the African mission the situation and location of their forces and all military equipment in their possession.

1.12 The parties shall indicate on maps the areas where there are minefields.

1.13 At the time of signing the Ceasefire Agreement, the parties shall designate their members who are to serve on the Joint Ceasefire Commission and the joint liaison teams.

1.14 The parties shall ensure that all foreign troops within their ranks are declared and handed over to the African mission and are not included on the certified list for integration purposes.

2. Additional obligations of the Transitional Government of Burundi

2.1 At the time of signing the Ceasefire Agreement, Burundi’s Transitional Government shall submit to the African mission projects and programmes for ensuring disarmament and the disbanding of all militias.

These shall include programmes for collecting up all weapons, ammunition, communications equipment and other lethal equipment, meaning that all such objects will be handed in to the authorities, as well as disarmament, demobilization and repatriation programmes.

2.2 These programmes shall be put into effect as soon as the Ceasefire Agreement is signed.

All weapons collected up shall be handed over to the African mission for immediate destruction.

2.3 The Transitional Government undertakes to sign a status-of-forces agreement with the African peacekeeping mission, which shall provide for, inter alia:

2.3.1 Legal protection of members of the mission;

2.3.2 Access to Burundi’s radio frequencies;

2.3.3 Unimpeded use of Burundi’s airspace.

2.4 The Transitional Government shall also supply the names of all individuals who own weapons officially, and collect up all illegally owned weapons.

C. Integration and training of Burundi’s new national defence and security forces

1.1 Structure

1.1.1 The parties shall design and agree upon a new national system for Burundi’s defence and security.

1.1.2 The parties shall agree upon the role, functions and structures of Burundi’s new national defence and security forces.

1.1.3 The parties shall agree upon the organization, strength and composition of Burundi’s new national defence and security forces.

1.2 Training

1.2.1 Each member selected for Burundi’s new national defence and security forces shall undergo training with a view to standardizing skills, techniques, procedures and regulations, so as to ensure the harmonious integration of military personnel.

1.2.2 Training shall be carried out in selected training institutions or in camps chosen for this purpose.

1.2.3 Officer training or specialized training may be provided inside or outside Burundi.

A forces technical agreement will have to be negotiated and concluded as soon as possible in order to find solutions for the following:

1.1 Surplus personnel who might not be integrated into the new national defence and security forces;

1.2 The war wounded and disabled;

1.3 Persons over the age limit for active service in the new defence and security forces;

1.4 Child soldiers;

1.5 Combatants’ ranks and hierarchy.

E. Definitions

“Belligerents” means:

1.1 The Transitional Government;

1.2 CNDD-FDD and PALIPEHUTU-FNL.

“Ceasefire” means:

2.1 The cessation of all hostilities and all operations linked to the fighting and the cessation of paramilitary actions by all the belligerents, whether they are for or against the signatories to the Ceasefire Agreement and the civilian population in general. “

The ceasefire” also means:

2.1.1 The suspension of the supply of ammunition and weapons;

2.1.2 The prohibition of the distribution of lethal logistical supplies to or from any armed forces;

2.1.3 That, after the signing of the Ceasefire Agreement, the parties will address the issue of prisoners of war and political prisoners;

2.1.4 The prohibition of mine-laying operations and of operations to obstruct demining;

2.1.5 The cessation of all propaganda between the parties and of incitement to ethnic hatred both inside and outside the country;

1.2.4 In order to build their capacities, officers of Burundi’s new defence and security forces shall be trained as instructors or specialists in various technical and specialized fields.

1.2.5 The parties shall agree on the countries to be selected to provide the necessary assistance in training and instructing Burundi’s new national defence and security forces.

1.2.6 The commanders of Burundi’s new national defence and security forces, as well as local and foreign instructors, shall agree on the syllabus for all subjects to be covered during training.

D. Challenges to be faced

2.1.6 The cessation of all acts of violence against the civilian population, acts of vengeance, summary executions, torture, harassment, detention or persecution of civilians based on their ethnic origin, religious beliefs or political affiliation, arming of civilians, use of child soldiers, sexual violence and sponsoring and encouraging terrorists or genocidal ideologies;

2.1.7 The cessation of all air, land and lake attacks and all acts of sabotage;

2.1.8 The cessation of any action that may hinder the proper implementation of the peace process.

3. “ Disengagement of forces” means:

3.1 The breaking of tactical contact between the opposing military forces of the signatories to this Agreement, at places where they are in direct contact.

“Distance of separation” means:

4.1 A minimum distance set between opposing forces, with no armed presence in the zone separating them.

“Disengagement areas” means:

5.1 Areas designated in the Agreement or subsequently by the Implementation Monitoring Committee as areas in which forces must be assembled for purposes of control and security of the signatories to the Agreement.

Disengagement areas may be geographical areas or fixed sites such as barracks or other installations.

“Security zones” refers to:

6.1 Zones where there are no armed personnel other than members of international peacekeeping operations.

“Safety corridors” refers to:

7.1 Corridors agreed upon by the parties, who ensure that a designated person or entity may move freely and in complete safety within them.

“Ceasefire violation” means:

8.1 Failure to abide by any of the above provisions.

9. “ Violation of the Ceasefire Agreement” means:

9.1 Failure to respect the spirit and the letter of the Agreement’s provisions.

10. “

Joint liaison teams” means:

10.1 Teams set up by the parties to the conflict and headed by observers whose role is to share information and facilitate communication between the parties at the working level in order to help reduce the number of ceasefire violations, clarify alleged violations of the Agreement and thus build confidence in the peace process among the public and the signatories.

“Cessation of hostilities” means:

11.1 The decision by the belligerents temporarily to cease all their military actions or any actions that may be interpreted as hostile to the other signatories and/or the civilian population.

This entails neither disengagement of forces nor disarmament.

The cessation of hostilities must take effect immediately upon its signing or proclamation.

It is a stage leading to the conclusion of a final Ceasefire Agreement.

11.2 “Disarmament, demobilization and reintegration programmes” are:

11.3 Programmes based on the assumption that demobilization and reintegration will not occur spontaneously and that, unless these processes are put in place, their absence might derail or undermine the achievements of a peace process.

They are normally divided into short-, medium- and long-term programmes and generally focus on the transition from a state of war to a state of peace and normal civilian life.

They usually address food problems and seek to ensure substantial daily supplies until long-term programmes ensure self-sufficiency.

“Integration” means:

12.1 The process whereby various groups and/or individuals belonging to military units are put together to form a new entity.

This process must be carried out at all levels of the forces system.

Annex 2

1. The parties agree to enter into negotiations on the following questions:

1.1 The return to constitutional legitimacy

1.2 Questions relating to the management of the post-war situation

1.3 The transition period and its leaders

1.4 The social welfare of combatants after the ceasefire

1.5 The position of combatants

1.6 The reasons why the various groups took up arms

1.7 Questions relating to the return to constitutional legitimacy

1.8 Questions relating to defence and security

1.9 Questions relating to justice

1.10 Questions relating to the ceasefire

1.11 Transitional institutions

1.12 National reconstruction

1.13 National reconciliation

1.14 Civil service reform

1.15 Democracy and good governance.