Forces Technical Agreement between the Transitional Government of the Republic of Burundi and the CNDD-FDD

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Forces Technical Agreement between the Transitional Government of the Republic of Burundi and the CNDD-FDD
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: Transitional government of the Republic of Burundi and National Council for the Defence of Democracy - Forces for the Defence of Democracy (CNDD-FDD)
Third parties: In the Presence of,
His Excellency Jacob Zuma, Deputy President of the Republic of South Africa Facilitator of the Burundi Peace Process
Description: This agreement defines the re-structuration of defense and security forces (National Defence Force, National Police and National Intelligence Service). It includes principles, and details of the reform. The main principle of power-sharing consist of the following representation: 60% of Transitional Government and 40% of the CNDD-FDD in the two forces.

Agreement document: BI_031102_forces technical agreement.pdf (opens in new tab) | Download PDF

Main category: Page 19, Annex A: List of Questions of List of Questions to Signatories:
3. Total number of dependents accompanying the combatants
a. The aged (men and women)
b. Spouses (wives)
c. Children

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: No specific mention.
Transitional justice: No specific mention.
Institutional reform: Institutional reform→DDR, army, parastatal or rebel forces
Page 19, Annex A: List of Questions of List of Questions to Signatories:
3. Total number of dependents accompanying the combatants
a. The aged (men and women)
b. Spouses (wives)
c. Children
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

FORCES TECHNICAL AGREEMENT (FTA) BETWEEN THE TRANSITIONAL GOVERNMENT OF THE REPUBLIC OF BURUNDI

AND THE NATIONAL COUNCIL FOR THE DEFENCE OF DEMOCRACY - FORCES FOR THE DEFENCE OF DEMOCRACY (CNDD – FDD)

Reference 1:

Arusha Peace and Reconciliation Agreement.

2: Ceasefire Agreement 02 December 2002

INTRODUCTION

1.0 The Transitional Government of the Republic of Burundi (Transitional Government of Burundi) and the National Council for the Defence of Democracy – Forces for the Defence of Democracy (CNDD-FDD) agree on the following provisions concerning the Forces Technical Agreement (FTA): -

a. Part 1.

Burundi Defence and Security Forces.

(1) Burundi National Defence Force

(2) Burundi National Police

(3) National Intelligence Service

b. Part II.

Formation of the Burundi National Defence Force (BNDF) and DDRR Process.

1.1 For purposes of addressing the current security situation in Burundi.

Article 1.1.7, 1.1.8 and 1.1.9 of Annexure 1 to the Ceasefire Agreement (CFA) of 02 December 2002 shall apply.

The modalities of implementing article 1.1.7, 1.1.8 and 1.1.9 will be clarified in an MOU on Joint Military Force (JMF).

PART 1

BURUNDI DEFENCE AND SECURITY FORCES

2.0 Burundi National Defence Force (BNDF)

2.1 The Name

The new armed force shall be called The Burundi National Defence Force (BNDF).

2.2 Roles and Principles:

a. Roles

To defend the territorial integrity and national sovereignty of Burundi.

To repulse any armed aggression directed against the institutions of the Republic.

To intervene in exceptional circumstances in the maintenance of public order, on the formal request of the competent civil authority.

To participate in rescue and assistance missions in the event of natural disasters.

To contribute towards the development of the country with regard to major production and training activities.

To protect strategic and vital national installations.

To participate in peace support operations under the auspices of the United Nations (UN) the African Union (AU) or the Regional Organisations when the Government is ready to participate.

b. Principles

(1) The BNDF shall be:

Government by the laws and regulations of the country.

At the disposal of the government subordinate to its authority and accountable to the legislature.

(2) The BNDF shall be non-partisan.

(3) Members of the BNDF shall not be affiliated to political parties or any other organisation of a Political nature.

They shall neither take part in activities nor demonstrations of political parties or organisations.

(4) Members of the BNDF may exercise their civil right to vote in elections.

2.3 Command, Control and Supervision

a. The BNDF shall be placed under the control and supervision of competent civil authority.

b. The President of the Republic shall be the Commander-in-Chief of the BNDF.

c. The National Defence Forces shall be placed under the Ministry of National Defence.

d. The BNDF shall be under the direct command and control of the Chief of General Staff (CGS).

2.4.0 Size, Composition, Structure and Organisation

2.4.1 Size

The size of the BNDF shall be determined by:

Potential internal and external threats

Financial and economic means of the country

Defence Doctrine/Policy

2.4.2 Composition

During the integration phase the BNDF shall be composed of selected members of:

- The current Burundi Armed Forces:

(FAB)

- Combatants of the CNDD-FDD Movement

- The combatants of other armed political parties

After integration volunteer Burundian citizens could be recruited.

The BNDF shall not consist of more than 50% of any of the ethnic groups as per Arusha Peace and Reconciliation Agreement (protocol III chapter 2 article 14.1g).

2.4.3 Structure

The organizational charts indicating the structure of the BNDF are attached as Annex B.

2.4.4 Organization

The National Defence Force

a. Force Employment

The Commander in Chief (C-in-C) shall be responsible for force employment.

b. Functions of the CGS

(1) The CGS shall have the following functions:

Implement decisions of the government.

Command, control and administration of the National Defence Force.

Co-ordinate the activities of the services and lower echelons.

Liaison at the administrative level, between the BNDF – as an institution and the Government through the Minister of National Defence.

c. Force Preparation

The Chief of General Staff assisted by service heads shall be in charge of force preparation in accordance with requirements of specified missions.

2.4.5 Military Career

a. Principle

Military career shall be exercised either under contract or permanent terms.

Details of terms and conditions of Service to be determined

according to the rules and regulations.

b. Rank Structure

FAB rank structure shall be used in the New National Defence Force.

In the interim the ranks of members of all signatories shall be recognized until a sub commission of the JCC responsible for the evaluating the ranks of the individuals makes a ruling.

c. Service

The service history of all members from FAB, CNDD-FDD and armed political parties shall be verified.

2.5.0 Training of the BNDF

2.5.1 Policy

The general training policy aimed at upgrading the professional level of the National Defence Force shall be done according to the doctrine that will be adopted.

The integrated National Defence Force shall undergo training for the purpose of standardizing skills, techniques, procedures and regulations.

Leadership and specialist training may be conducted in or outside Burundi.

2.5.2 Training of Immediate Concern

Training of immediate need to the selected members will be the ‘Bridging Training’.

This will take into account the experience and training already received by individuals

from the integrating forces.

The training will be carried out in selected training institutions.

Special emphasis shall be placed on civic and moral education.

3.0 BURUNDI NATIONAL POLICE (BNP)

3.1 Name

The Burundi Police Force shall be called ‘Burundi National Police (BNP)’.

3.2 Roles and Functions

a. The Public Security Police

(1) Ensure respect for laws and regulations.

(2) Ensure physical protection of people and their property.

(3) Help and provide assistance to people in danger or distress.

(4) Intervene in the case of tragedies or calamities.

(5) Foresee various scenarios for civil protection.

(6) Maintaining and re-establishing public order.

(7) Ensure the protection of public infrastructure and property.

(8) Ensure road security over the whole territory.

(9) Ensure the protection of public meetings upon the request of the parties concerned, upon instruction of the administrative authorities or on each own initiative when there is need.

(10) Ensure the protection of the institutions.

b. The Judicial Police (JP)

(1) Prevent crimes, search and prosecute their perpetrators and carry out arrests in accordance with the law.

(2) Ensure the mission of the judicial and administrative police.

(3) Ensure the protection of the courts and tribunals.

(4) Handling criminal affairs of great importance, like economic crimes, crimes by itinerant criminals or groups organized on a national or international level.

(5) Establish statistics on crime and use them.

(6) Ensure the Interpol service.

c. The Police of the Air, Borders and Foreigners (PAFE)

(1) Handling immigration, emigration and the status of foreigners:

(2) Controlling the movements of foreigners on the whole national territory.

(3) Guarding land, lake and air borders.

(4) Providing travelling documents and residential permits.

d. The Prison Police (PP)

(1) Ensure the security of the prison and detainees.

(2) Ensure the safety of the police camp.

(3) Ensure the escorting of the detainees going to court and the various jurisdictions.

(4) Provide security of detainees during the production work.

(5) Ensure escorting of prisoners during transfers.

(6) Ensuring the guarding of hospitalized prisoners.

(7) Ensuring the escorting of detainees during medical care or when leaving the prison with permission.

3.3 Principles

a. The Burundi National Police shall be:

Governed by the laws and regulations of the country.

At the disposal of the government, subordinate to its authority and accountable before the law.

b. The Burundi National Police shall be non-partisan.

c. Members of the Burundi National Police shall not be affiliated to political parties or any other organisation of a political nature.

They shall neither take part in activities nor demonstrations or political parties or organisations.

d. Members of the Burundi National Police may exercise their civil right to vote.

3.4 Command, Control and Supervision

a. The National Police Force shall be placed under the supervision of the competent civil authorities.

b. The National Police Force shall be placed under a Ministry charged with responsibility of Public Security.

c. The National Police force shall be under the direct command and control of the Director General of Police.

3.5 Size, Composition, Structure and Organization

3.5.1 Size

a. The size of the Burundi National Police shall be determined by the following factors:

(1) The Internal Security situation

(2) The different roles and functions to be carried out

(3) The Burundi population

(4) The economic and financial means

(5) The budget allocated to the National Police

(6) The permeability of the borders

3.5.2 Composition

a. The Burundi National Police Force shall be composed of:

(1) Members of the current Burundi Police Force.

(2) Members of the Gendarmerie.

(3) Selected combatants from the CNDD-FDD Movement and other armed political parties.

(4) Volunteer Burundian citizens recruited on the basis of their competence.

b. The National Police force will not consist of more than 50% of members from any of the ethnic groups.

This is in accordance with Arusha Peace and Reconciliation for Burundi (Protocol III, Chapter 2 art 14 para 2 (e)).

3.5.3 Structure

The organizational chart indicating the structure of the National Police Forces is attached as Annex ‘C’.

3.5.4 Police Service

a. Principle

Police service shall be exercised either under contract or permanent terms.

Details of terms and conditions of service will be set in accordance with rules and regulations.

b. Rank Structure

(1) The current Police rank structure shall be used in the National Police Force.

(2) Entry point and the equating of ranks for members of FAB

CNDD-FDD and other armed political groups to be integrated into police shall be decided by a sub-committee of the JCC.

3.5.5 Training of the National Police Force

a. Policy

(1) The general training policy aimed at upgrading the National Police shall be based on the police doctrine.

(2) Each element of the force selected to constitute the Police force shall undergo training for the purpose of:

Acquiring and standardizing skills, techniques, aptitudes, procedures and regulations.

Achieving harmonious integration of servicemen.

b. Training of Immediate Concern

Members selected to join the police from FAB, FDD and other political parties will receive accelerated training to enable them work together.

4.0 NATIONAL INTELLIGENCE SERVICE

4.1 Name

The Burundi Intelligence Organisation shall be called ‘National Intelligence Service’.

4.2 Roles and Functions

a. Detect as soon as possible eminent threat to the state.

b. Collect, centralize and control any intelligence that may contribute to the protection of the state, its institutions and international relations, as well as the prosperity of the economy.

c. Detect as soon as possible what activities that may lead to insecurity and violence or a change in the state institutions through undemocratic means.

d. Detect as soon as possible attempts to manipulate ethnic or regionalist sentiments as a way to get or maintain power.

e. Detect as soon as possible any threat to the constitutional order, public security, territorial integrity and national sovereignty.

f. Detect as soon as possible any terrorist actions, illegal drug trafficking and forming of criminal organizations.

g. Detect as soon as possible any misappropriations in the state services.

h. Detect as soon as possible any threat to the ecological environment of the country.

4.3 Control

The intelligence service shall be placed under the Minister responsible for intelligence.

4.4 Size, Composition, Structure and Organization

4.4.1 Size

The size of the National Intelligence Service shall be determined by its roles, functions and availability of resources.

4.4.2 Composition

a. The intelligence service shall be composed of:

(1) The current intelligence service personnel.

(2) Selected members of CNDD-FDD movement who meet the requirements.

(3) Members of armed political parties as well as other citizens who meet the requirements.

b. The National Intelligence Service shall not contain more than 50% of members belonging to a particular ethnic group.

4.4.3 Structure and Organisation

The chart showing the structure and organisation of the National Intelligence Service is attached as Annex ‘D’.

4.4.4 Training

The National Intelligence Service personnel shall receive specific training inside and outside the country.

PART II

FORMATION OF THE BURUNDI NATIONAL DEFENCE FORCE

1.0 THE PROCESS

1.1.1 The Burundi National Defence Force shall be formed under the supervision of IMC, AMIB and JCC.

1.1.2 The following steps will be carried out in the formation of the BNDF:

a. Disengagement and separation of forces

This shall be conducted under the supervision of the AMIB and the JCC in accordance with the provisions of the CFA of 02 December 2002 in conjunction with the parties concerned (Transitional Government of Burundi and CNDD-FDD)

b. Cantonment and DDRR Process

(1) The cantonment and DDRR processes shall be conducted under the supervision of the AIMB and the JCC in conjunction with all the parties concerned and supporting international organizations.

Cantonment should not be an end in itself but rather a function of verification, military integration and demobilization activities i.e. a place where these activities are completed as quickly as possible so that the peace process can be consolidated and demobilised soldiers can get back to civilian life.

(2) All necessary data for planning and conducting programmes concerning cantonment and DDRR shall be

immediately provided by all the parties to relevant bodies.

(3) All concerned stakeholders shall establish a joint Operational Plan to implement the DDRR programmes according to agreed time frame.

(4) The movement of forces of all the parties shall be conducted in accordance with the provisions of the 02 December 2002 CFA, namely Article 1.1.6 and 1.1.7 of Annexure 1.

c. Integration Process

(1) Criteria for the selection of Servicemen in the BNDF.

The selection of servicemen to constitute the BNDF by each party and those to be demobilized shall be carried out in the cantonment sites.

Service to constitute the National Defence force should meet the following criteria:

Officers shall:

Be volunteers

Serving as officers

Be Burundian Nationals

Be physically fit

(2) The war-wounded and handicapped shall, however, remain eligible for Army service, according to their specializations, unlike the disabled servicemen who shall be demobilized but assisted.

This shall apply to all categories of servicemen.

Non-Commissioned officers shall:

Be volunteers

Serving as Non-commissioned officers

Burundian Nationals

Physically fit

Soldiers

Be volunteers

Be serving as Servicemen or combatants

Be Burundian Nationals

By physically fit

The principle of parity shall apply.

The following percentages shall be used:

Transitional Government of Burundi - 60%

CNDD-FDD – 40%

Details of power sharing in the defence and security forces are contained in the MOU.

The following institutions are mandated to oversee the implementation of the Ceasefire Agreement:-

The mandate given to the AMIB by the AU is attached as Annex E to the FTA.It deals with all matters relating to the missions, composition and tasks of the civilian

and military (African Force and Military Observers) components of the AIMB.

3.2 JOINT CEASEFIRE COMMISSION (JCC)

The mandate given to the JCC by the UN in conjunction with the Facilitator and the AU is attached as Annex F to the FTA.

It deals with all matters relating to the ceasefire implementation process.

3.3 IMPLEMENTATION MONITORING COMMITTEE (IMC)

The IMC has been set up in accordance with the Arusha Peace and Reconciliation Agreement of 2000 that specifies its composition and duties.

This all-inclusive institution shall accommodate all Burundian belligerents.

Refer to Protocol V, Article 3 of Arusha Peace and Reconciliation Agreement 2000.

3.4 THE REGIONAL INITIATIVE ON BURUNDI AND THE FACILITATOR

The Regional Initiative on Burundi and the Facilitator are the initiators of the on going Peace and Reconciliation Agreement for Burundi as well as guarantors of all the agreements that have been signed between the parties.

They continue to co-ordinate all efforts to reach an all-inclusive and comprehensive ceasefire to achieve peace and stability in Burundi and in the region.

They are committed to gaining international support to the Burundi peace process.

ANNEX A

TO TFA

LIST OF QUESTIONS TO SIGNATORIES

1. Details of the representatives:

a. Joint Ceasefire Commission (JCC): Ranks and names.

b. Joint Liaison Teams (JLT): Ranks and names (2 members for each JLT from each party for approximately 18 JLT’s).

c. Senior Liaison Officer at Assembly Areas level:

ranks and names of senior officer appointed by each party to serve as a member of the management council of the Assembly Areas.

d. Very Important Personalities (VIP): total, names, functions and residences of personalities to be protected (indicate dates on which the interested will move to their personal homes or residences allocated to them).

2. Total number of personnel to be taken into account:

a. Total number of combatants who should join the identified

Assembly Areas

1. Senior Officers (preferably with names)

2. Junior Officers

3. Senior Non-commissioned Officers

4. Non-commissioned Officers

5. Privates

b. Specify the total number of child soldiers (under 18 years) supposed to be in the identified reassembling zones.

c. Specify the availability of teams of instructors from each party capable of participating in the framework of basic training/orientation.

At the identified reassembling zones level.

3. Total number of dependants accompanying the combatants

a. The aged (men and women)

b. Spouses (wives)

c. Children

C-050(E)

VK/HF

4. Actual Location and total number:

a. Current locations (sectors) of each group (indicate on the map)

b. Total number of each group in each given location (sector)

5. Armament and equipment (certified list):

a. Vehicles and system of mobile weapons on wheels.

b. Heavy weapons (artillery, mortars and anti-tanks).

c. Light weapons (machine guns, rifles and pistols).

d. Quantities of ammunition for all types of arms.

e. Communication equipments (transmissions).

f. Location of armaments and ammunition caches.

g. Specify mine areas (details to be provided after).

6. Areas of regroupment and Movements

a. Indicate if the intention of the concerned parties is to make the whole group join at once or to proceed in phases (subject to discussion).

b. Certified lists (with all the details) must be available on request.

c. Each party must be ready to furnish on request the names of the representatives at the level of other identified structures.

d. Specify the understanding of the training concepts during the DDR, including orientation/basic training in reassembling zones:

e. Propose structures (joint working groups, joint working teams) which will be responsible for certain duties or specific projects.

C-050(E)

VK/HF

BDNF STRUCTURE Annex B

Commander in Chief

(President)

Inspector General

Training Institutions

Commanders Military Region

Air Wing

Maritime Wing

Chief of Staff Military Region

Medical Services

Military Region

Provost Unit (Prevote)

Political Head

(MoD)

Chief of General Staff of the Armed Forces

Deputy Chief of General Staff of the Armed Forces

Military Region

Commander Specialised Units

Logistical Estb

Signal Regiment

Commandos

Parachute Bn’s

Air Defence Regiment

Artillery Regiment

Armoured Units

Engineer Regiment

BURUNDI NATIONAL POLICE STRUCTURE

General Inspection

Minister Responsible for Public Security

Director General of Police

Chief Commissioner of Police Ops and Training

Chief Commissioner of Public Security Police

Chief Commissioner of Police CID

Chief Commissioner of Police Admin and Personnel

Deputy Commissioner of Police Security Police

Traffic Police Commissioner

Chief of Finance

Chief of Personnel and Admin

Commissioner National Police College

Commissioner Air, Borders, Immigration (PAFE)

Commissioner Prisons Police

Commissioner Criminal Investigations

Commissioner of Intelligence Documentation

Commissioner of Judicial Police

Annexe C

NATIONAL INTELLIGENCE STRUCTURE

Minister Responsible for Intelligence

Administrator General for the National Intelligence Service

Deputy Admin General for the National Intelligence Service

Director General Operations

Director General Administration

Director Internal Security

Director External Security

Director of Finance and Logistics

Director of Personnel Admin

11 THE ANALYSIS OF THE POWERSHARING PROPOSALS

Ministry of Defence Power Sharing

POSITION

NUMBER OF POSTS

TGOB

CNDD-FDD

Percentages

60%

40%

Directions and General Inspection

Speicalised services

Personalized Administrator

Military Courts

Department -Heads

-Deputies

Advisors

Senior Inspectors

Inspectors

Totals

ARMY STAFF HEADQUARTERS

POSITIONS

Number of Posts available

TGOB Share

CNDD-FDD share

Percentages

60%

40%

Chief of Staff

Deputy Chief of Staff

Services - Heads

Deputies

Region Cmds - Heads

Deputies

Region Services Gs

Units - Heads

Deputies

Totals

185

112

NB The post of Inspector General is not included in the Army HQ power sharing proposals

POWER SHARING IN THE BURUNDI NATIONAL POLICE

Position

Number of posts available

TGoB share

CNDD-FDD share

Percentage

60%

40%

Directorates

Services - ENAPO

Services - PAFE

Services - PSP

Police Stations – PSP Cmds

Polices Stations-PJP - DPCmds

Services PJP

Police Stations-PJP - PCmd

Police Stations-PJP - DPCmd

Zone cmds

Deputies

Totals

119

1. POWER SHARING IN THE NATIONAL INTELLIGENCE STRUCTURE

Positions

Number of posts available

TGoB share

CNDD-FDD share

Percentage

60%

40%

Administrator General

D/Administrator General

Director General Ops

D/Director General Ops

Director General Admin

D/Director General Admin

Director Internal Security

Director External Security

Director of Finance and Logistics

Director Personnel Admin

Total